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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 Phase I Environmental Site Assessment 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 ...
[16] [17] In August 2021, Aristotle, Inc. withdrew from the safe harbor program after FTC staff expressed serious concerns about its enforcement of its safe harbor provisions and communicated their intent to recommend the revocation of Aristotle's approval to run a safe harbor program. The FTC also announced its intention to more closely ...
In addition to the two general requirements listed above, all four safe harbors impose additional requirements for immunity. The safe harbor for storage of infringing material under § 512(c) is the most commonly encountered because it immunizes OSPs such as YouTube that might inadvertently host infringing material uploaded by users.
The last day to start a new safe harbor 401(k) is Oct. 1, because the safe harbor provisions must be in place at least three months before the plan year begins. Adding a safe harbor provision to ...
Within the context of a series of decisions on the adequacy of the protection of personal data transferred to other countries, [3] the European Commission made a decision in 2000 that the United States' principles did comply with the EU Directive [4] – the so-called Safe Harbor decision. [5]
In the case of safe harbor 401(k) plans, it means the employer is exempt from yearly nondiscrimination testing that is required from other 401(k) plans. If the employees 401(k) account is fully ...
The United States Department of Commerce runs a certification program which it calls Safe Harbor and which aims to harmonize data privacy practices in trading between the United States of America and the stricter privacy controls of the European Union Directive 95/46/EC on the protection of personal data.
In the case of Flava Works Inc. v. Gunter the court denied the defendant safe harbor protection under DMCA . The district court found that the defendant had knowledge of its users' infringing activity and also failed to prevent future infringing activity. As such the plaintiff's motion for preliminary injunction was granted. [67]