33 European Commission has developed contract clauses for companies to use to comply with the EU Directive.28 Generally, enforcement is expected to be carried out by the private sector, backed by government enforcement under unfair and deceptive marketing and trade practices legislation.29 The Principles require the “safe harborites” to use readily available independent third-party dispute resolution mechanisms, such as the American Arbitration Association or BBBOnline (a programme of the Better Business Bureau). Failure to comply with the Principles can result in an organisation’s being removed from the Department of Commerce list. 4.3.18 The Safe Harbor approach has been subject to criticisms as being too piecemeal and scattered, lacking transparency, lacking potential for enforceability and possibly compensation, and possibly being less effective than more prescriptive and broader legislation. Nonetheless, the focus on industrial sectors where sensitive personal information is likely to be held (e.g., financial services), self-certification according to known standards, and contractual arrangements does have potential for adaptation in the Botswana context, particularly in early stages. 4.3.19 Privacy, which among other definitions, has been called “the right to be left alone,” becomes an important element in the control of other electronic activities. Specifically, unsolicited marketing, automated calling, telemarketing, fax marketing, and “spam,” Data protection legislation or telecommunications legislation in a number of jurisdiction deals with these electronic activities. Telemarketing may be a source of fraud, particularly when vulnerable persons are being preyed upon, and is often dealt with under deceptive marketing practices legislation (as well as penal legislation). Spam is increasingly recognised as a problem that has a significant negative effect on users’ confidence in the use of email and may be having a negative effect on the performance of the global e-mail network. According to some sources, unsolicited bulk mail volumes now account for as much as one-half of all e-mail traffic on the Internet. Some studies indicate that there are significant losses in productivity as workers spend increasing amounts of time clearing spam 28 The European Commission has approved model contracts for data transfer both for controllerto-controller transfers (Commission Decision 15 June 2001 on standard contractual clauses for personal data to third countries, under Directive 95/46/EC, (2002) OJ L181/19) and for controller-to-processor transfers (Commission Decision 27 December 2001 on standard contractual clauses for the transfer of personal data to processors established in third countries, under Directive 95/46/EC, (2002) OJ L6/52.) Model contracts for data transfer have also been developed by the International Chamber of Commerce 29 Any reliance by Botswana on a similar scheme should be connected with policy development on an independent and expert Competition Authority to enforce unfair trade practices.