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145:. In October 2015, following a court decision by the Court of Justice of the European Union, the safe harbor agreement between the EU and US was declared invalid on the grounds that the US was not supplying an equally adequate level of protection against surveillance for data being transferred there.
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be conclusively deemed to constitute reckless driving" would be an "unsafe harbor". In this example, driving between 25 miles per hour and 90 miles per hour would fall outside of either a safe harbor or an unsafe harbor, and would thus be left to be judged according to the vague "reckless" standard.
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with habitat on their property. In exchange, the FWS or NOAA promises not to require any additional or different conservation activities on the property without the property holder's consent. When the agreement expires, the property owner is permitted to return the landscape to its original baseline
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Safe harbors have been promoted by legal writers as reducing the uncertainty created by simply employing a vague standard (such as "recklessness"). On the other hand, this type of rule formulation also avoids the problem of creating a precise rule that leaves a judge with no available discretion to
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For example, in the context of a statute that requires drivers to "not drive recklessly", a clause specifying that "driving under 25 miles per hour will be conclusively deemed not to constitute reckless driving" is a "safe harbor". Likewise, a clause saying that "driving over 90 miles per hour will
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by a property purchaser: creating a "safe harbor" protecting the new owner if, in the future, contamination caused by a prior owner is found. Another common use of safe harbor is to protect management of a corporation from liability for making financial projections and forecasts in good faith.
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allow for "hard cases". In theory, the safe harbor formulation can combine the virtues of vague standards and precise rules, allowing legislatures to prescribe with certainty the advance outcome for specific foreseeable cases, and to leave to judges to decide the cases that remain.
118:. These laws are being used in New York, Florida and 20 other states (as of 2014) to "address the inconsistent treatment" that children receive after they are exploited sexually. The laws are used to ensure exploited children are treated as "victims", not as "criminals".
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from the consequences of their users' actions. (Similarly, the EU directive on electronic commerce provides a similar provision of "mere conduit" which, while not exactly the same, serves much the same function as the DMCA safe harbor in this instance.)
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Safe harbors can create precise rules that will be applied in unintended ways. For example, driving under 25 miles per hour in a 60 MPH zone when not required by traffic or other conditions could be reckless driving.
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audits. The rules were issued in June 2017 amending the earlier notification from 2013. The current safe harbor rules lower the minimum operation profits declared by software development and
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or a regulation that specifies that certain conduct will be deemed not to violate a given rule. It is usually found in connection with a more-vague, overall standard. By contrast, "
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Safe harbor rules are part of the taxation laws in India under which multinational companies declaring certain minimum operational profits will not be subject to rigorous
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Safe harbor provisions appear in a number of laws and in many contracts. An example of safe harbor in a real estate transaction is the performance of a
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Safe harbor laws are being used across the United States to address how children are treated when they become victims of human trafficking and
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141:. Five years later, a decision created exceptions where foreign recipients of the data voluntarily agreed to meet EU standards under the
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In the context of the environmental protection, a voluntary safe harbor agreement can be undertaken between property owners and the
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companies, safe harbor rates are set at 18-24%. These rates are effective for the
Assessment Years 2017–18 to 2019–20.
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Safe harbor legislation passed in
September 2017, protect company directors from personal liability for
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329:"Addressing Human Trafficking – Unifying the Response to Commercial Sexual Exploitation of Children"
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This article is about a kind of statutory provision. For the principle of maritime law, see
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if they take action likely to lead to a better outcome for the company and its creditors.
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companies, to avoid an audit, to 17-18% depending on the previous year's turnover. For
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211:"Safe Harbors and a Proposal to Improve the Community Reinvestment Act"
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There is an example of a safe harbor decision in reference to the
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This article incorporates text from this source, which is in the
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374:"Income tax dept rationalises 'safe harbour' rates for MNCs"
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Case Law, Systematic Law, and a Very Modest
Suggestion
264:"What Is a Safe Harbor? Types, and How They Are Used"
116:commercial sexual exploitation of children (CSEC)
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289:"Safe Harbor Agreements for Private Landowners"
104:National Oceanic and Atmospheric Administration
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143:International Safe Harbor Privacy Principles
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348:"Safe harbour – A shelter from the storm"
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298:. July 2011
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