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Are U.S. Records Retention Requirements on a Collision Course with the GDPR's 'Right to Erasure?'
On May 25, 2018, many United States companies will find themselves subject to the European Union's sweeping General Data Protection Regulation (GDPR). The GDPR creates new rights that do not exist under — and may even conflict with — U.S. laws. One of those rights is the “right to erasure,” which entitles individuals to have their personal data “erased” from company records within one month in some circumstances.
Violating the GDPR exposes companies to hefty fines of up to 4% of the company's worldwide revenue. See, GDPR, Art. 83(5). At the same time, U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR's “right to erasure” while still fulfilling their U.S. records retention obligations?
The obvious answer is that U.S. companies are legally required to retain the data under U.S. law. But the problem is that the GDPR recognizes only legal obligations imposed by EU and Member State law as a basis for processing personal data. Legal obligations imposed by other countries or states do not qualify.
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Major Differences In UK, U.S. Copyright Laws
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
The Article 8 Opt In
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?