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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?
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