Avoiding Pitfalls Under the GDPR

Did you know Europe treats the use of personal data very differently than here in the U.S.??This Thursday’s tIP relates to keeping yourself out of hot water in light of the EU’s General Data Protection Regulation (GDPR)

In an effort to protect its citizens, Europe enacted the GDPR in 2018.?The GDPR establishes a set of rules for the protection of personal data throughout the EU. ??As a U.S. business (or service provider), you might think the way European countries protect personal data is of little importance.?But, the GDPR applies to (1) all businesses and organizations with an EU establishment that process (perform operations on) personal data of individuals (“data subjects”) in the EU regardless of where the actual processing of the data takes place; and (2) entities outside of the EU that offer goods or services (for payment or for free) to individuals in the EU or monitor the behavior of individuals in the EU.?Processing certain sensitive personal data is generally prohibited.?Some of the most severe penalties issued under the EU’s GDPR thus far have been issued to American-based companies. ?Amazon was recently hit with a GDPR fine of $877 million relating to how it uses cookies and the consent it acquires (or doesn’t...) in conjunction with those cookies.??Facebook, Google, and Marriott are a few of the other companies that have recently received hefty fines for GDPR violations.?

Under the GDPR, “personal data” is defined very broadly.?Therefore, if your business obtains data from Europe it’s very possible you are handling and processing “personal data” giving rise to the obligations of the GDPR.?Having your processes (including what consents are obtained from data subjects, how data is stored, how data is processed, etc.) evaluated can help avoid GDPR violations.??Look into it and save yourself a headache down the road!?

This tIP does not constitute legal advice nor does it create an attorney-client relationship.?If you have any questions about intellectual property law, contact Standley Law Group LLP.

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