State Law Updates
Tennessee has enacted the bill that pertains to the regulation of electronic notarization for Notaries Public.
Maryland bills were enacted to amend several provisions related to SCRA, debt collection, and loan updates. (HB-1297) (SB-1068)
General Data Protection Regulations (GDPR): Law Firm Considerations
BY SVIATLANA LIASHCHYNA
The European General Data Protection Regulations (GDPR) went into effect on May 25, 2018. The GDPR provides for a stricter set of legal privacy standards than the current U.S. laws and is applicable to companies that collect, process, or transfer personal data of EU citizens regardless of their location. a360inc previously provided a high-level overview of the GDPR requirements and indicated that many firms’ clients may enhance their own privacy requirements; however, due to the fact that the GDRP is still so new, there are many areas which still remain unclear.
For example, if a law firm does work for a German company, an employee of that German company could conceivably contact the firm and ask to know what information the firm has about the individual and request that it be deleted. This type of request would prove cumbersome to a law firm, and possibly be in violation of the firm’s own retention standards.
Or consider this: what if a law firm has employees who are EU citizens living in the United States? The wording of the GDRP may indicate that it covers all EU citizens regardless of residency, but U.S. precedence points to individuals residing in the United States and working for U.S. companies being afforded the protections of U.S. privacy laws only. We all heard that the GDPR protects
privacy of the EU citizens. But it is not clear whether the EU citizen’s residency matters for the purposes of the GDPR. Would the GDPR apply to the EU citizen’s information collected during her employment with the law firm while she resided in the US? Would such employee have an ability to invoke her protections under the GDPR upon her return to EU?
The GDPR is already in effect but deciphering just how it should be applied is going to take time. Court cases and judicial opinions will fine tune the implementation and interpretations of this regulation and provide answers to multiple issues, including the ones above. In the meantime, in order to ensure that your firm is in a defensible position with regards to the GDPR, we recommend the following:
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