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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.
By Bart A. Lazar
The confusing and conflicting world of contractual requirements and personal data security breach notification laws can add insult and expense to injury, and sometimes adds injury itself. Tough -- and sometimes expensive -- choices need to be made quickly.
By Robert W. Anderson and Eric B. Levine
Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege. The overriding principle of using privilege is straightforward: to protect your organization’s investigation and breach response efforts from usage by third parties or regulatory agencies in litigation arising from a breach.
By Adam Cohen
Part One of a Two-Part Article
Part One of this two-part article is aimed at demystifying the hesitations behind cloud security and analyzing the fast-growing transformation to a range of newer technical approaches with important consequences for legal practice.
By Jared Coseglia
Part Two of a Two-Part Article
Professionals in e-discovery and privacy, including lawyers, are hungry for growth opportunities and may be ripe to transition into certain security-centric positions; however, the security job landscape is far more expansive and far less commoditized than ESI or privacy — for now. Part Two provides a road map for how certifications can assist an individual or an organization in reinventing, repurposing, creating or maintaining cybersecurity talents.