Following the European Court of Justice's (ECJ’s) decision on Safe Harbor on October 6, Denis Kelleher writes in this exclusive for The Privacy Advisor, “Fevered discussions of other exceptions, such as binding corporate rules and contracts, has followed." What is missing from the debates, he explains, "is discussion of the Lindqvist Loophole." Kelleher writes, “The CJEU made clear in 2003 that the EU’s Directive 95/46 did not properly anticipate the global Internet … Directive 95/46 could not and did not anticipate social media, the Internet of Things and just about everything else that’s happened since 1995. The Lindqvist Loophole demonstrates just how out-of-date Directive 95/46 now is; that directive’s repeal and reform is long past due.”
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