Before our break, we touched on the first four elements, which leads us to:
Website operators with users in countries other than the United States must also ensure that their privacy policies comply with the law of those foreign countries from which their users visit the website. Often, at a minimum, such compliance requires the website to comply with the EU Data Proection Directive, adopted by the European Union on October 24, 1995, or the "Safe Harbor" framework negotiated by the United States Government.
[i] See Jonathan D. Frieden, Charity M. Price & Leigh M. Murray, Putting the Genie Back in the Bottle: Levering Private Enforcement to Improve Internet Privacy, 37 Wm. Mitchell L. Rev. 1671, 1683-84 (2011) [hereinafter “Internet Privacy”] (available at http://open.wmitchell.edu/cgi/viewcontent.cgi?article=1429&context=wmlr).
[ii] Internet Privacy, at 1690-91.