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Global corporations, many with close and numerous contacts to New York, have been having a tough time lately in lawfully transferring personal information from their European Union operations to their offices elsewhere. For several years, exporters of personal data from the European Union have been confronted with difficulties posed by the E.U. Data Protection Directive (95/46/EC, Oct. 24, 1995), and the laws enacted pursuant to it in the 25 member states comprising the European Union. Under those laws, such export is prohibited unless it is to a nation that ensures an “adequate” level of protection, or it qualifies under an exception. Although the European Union deems the United States generally not to qualify as such a nation with adequate laws, an exception has been made for data exported to America under the Safe Harbor Principles agreed to by the U.S. Department of Commerce and the European Union. An exception is present in the following instances:

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