Since the General Data Protection Regulation (“GDPR”) took effect on May 25, 2018, US companies without facilities or employees in Europe have struggled to understand the extraterritorial scope of the GDPR. Under Article 3(2), US companies without an “establishment” in the EU are required to comply with the GDPR where their processing activities relate to the “offering of goods or services” to EU data subjects or where they “monitor” the behavior of EU data subjects. The meaning of these concepts is a particularly vexing question for US companies that have a website accessible to Europeans or have some European customers, but lack a physical presence in the EU.
Continue Reading EDPB Draft Guidelines on Extraterritorial Scope of the GDPR Provide Few Clear Answers for US Companies
General Data Protection Regulation (GDPR)
CLE/Webinar: Colorado Cybersecurity Summit
Ballard Spahr’s Privacy and Data Security Group will again be hosting its Colorado Cybersecurity Summit on September 18, 2018, at Ballard Spahr’s Denver office and via webinar.
Highlights will include a discussion with the Colorado Deputy Attorney General who will be responsible for enforcing Colorado’s groundbreaking new cybersecurity law, as well as the former Director…
The Differing US and EU Regulatory Responses to the Rise in Algorithmic Profiling
The online world is increasingly shaped by forces beyond our control. Algorithmic processing agents are used by a wide range of web publishers, online retailers and social media companies to determine the kinds of stories that are feature to online readers, the advertisements that are targeted to online shoppers, and the search results they see,…
Using the GDPR to Comply with the California Consumer Privacy Act
Just as many US businesses were scrambling to meet GDPR compliance, California quickly passed a broad new privacy act, giving businesses another privacy compliance headache. We’ve previously blogged on the dramatic history behind the eleventh-hour passage of the California Consumer Privacy Act (CCPA), so we won’t rehash that story here. Instead, the focus of this post will be on the overlap between the CCPA and the GDPR.
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GDPR is Now Effective – How Will Regulators Enforce It?
What happened?
Today the EU General Data Protection Regulation (GDPR) goes into effect, ending the data protection landscape as we know it. This comprehensive privacy law applies directly to the 28 EU countries and companies established in or doing business in those countries. Unlike its predecessor, the GDPR applies to companies established outside of the EU that offer goods or services to individuals in the EU or monitor the behavior of individuals in the EU, such as through the use of cookies. The GDPR imposes a number new of requirements on companies and raises the stakes by imposing potential maximum fines up to 4% of worldwide revenue.
Continue Reading GDPR is Now Effective – How Will Regulators Enforce It?
GDPR and the Future of WHOIS Data (Part 2)
In April, we blogged about the potential impact of the GDPR—which goes into effect this week (May 25)—on the public availability of WHOIS data. Ballard Spahr Intellectual Property attorney Tyler Marandola continues the discussion about WHIOS data in a recent interview with the CyberLaw and Business Report. Listen to it here.
One practical takeaway: …
Ballard Spahr Interviews Two Leaders of the Colorado Information Security Community
As part of the Rocky Mountain Information Security Conference hosted in Denver from May 8 to 10, 2018, Ballard Spahr Privacy and Data Security attorney David Stauss sat down with Robb Reck, Chief Information Security Officer for Ping Identity and Alex Wood, Chief Information Security Officer for Pulte Financial Services. The group discussed a wide-range on cybersecurity issues as well as Robb and Alex’s involvement with the RMISC and their weekly podcast Colorado = Security.
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ACC Foundation: State of Cybersecurity Webcast (Part 2)
The ACC Foundation will be hosting a second webcast on May 1, 2018 at 12:00 EDT to discuss the results of the Foundation’s State of Cybersecurity Report. You can sign up for the webcast here.
The Report surveyed 600 in-house counsel from around the world on a range of cybersecurity issues including data breach…
ACC Foundation: State of Cybersecurity Webcast
The ACC Foundation will be hosting a webcast on April 18, 2018 at 12:00 EDT to discuss the preliminary results of the Foundation’s State of Cybersecurity Report. This is the second Report of its kind that the ACC Foundation has published. You can sign up for the webcast here.
The Report surveyed 600 in-house…
GDPR And The Future of WHOIS Data
With the European Union’s General Data Protection Regulation (GDPR) set to go into effect on May 25, 2018, many questions remain as to what entities that control and process data from EU citizens must do to comply. One such issue is the ongoing effort by the Internet Corporation for Assigned Names and Numbers (ICANN) to ensure that the WHOIS service (an online database of identity and contact information for registrants of web domains) complies with GDPR.
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