Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

GDPR Gets Real

By Jason Straight
July 01, 2017

After years of discussion, debate, lobbying and lamenting, we are now twelve months from the date the European Union's General Data Protection Regulation (GDPR) takes effect. The GDPR replaces the EU's Directive 95/46/EC, which has provided data protection guidance in the EU since 1995. The purported purpose for enacting the GDPR is to create regulatory consistency and certainty for companies operating in the EU with respect to their obligations to protect personal information for citizens of EU states. With a fining mechanism that allows penalties as high as 4% of global turnover (i.e., gross-revenue), any company that has yet to take a hard look at its obligations under the GDPR would be well-advised to do so before it's too late. Moreover, the breadth of the regulation will create compliance headaches for nearly every organization, large and small.

For U.S. companies, the degree of emphasis placed on protecting personal information can be hard to grasp. But as the GDPR explicitly states, protection of personal data is considered a “fundamental right” and further clarifies that “processing of personal data should be designed to serve mankind.” Regardless of your view on the sanctity of personal information, the reality is that if you conduct any business in the EU or sell any goods or service to citizens of EU states, your window for procrastination is rapidly closing. Fortunately, even if you are hearing about GDPR for the first time today, you do have time to get ready and be compliant on May 25, 2018. This article targets organizations that have been putting off compliance efforts and for which the GDPR will require a relatively modest adjustment in practices and procedures.

What's the Big Deal?

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?