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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.
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By Emil Sayegh
It is difficult to think of a comparable cyber event to the one that effectively shut down the fuel pipeline that feeds over a third of the United States. We are in the midst of a national cyber crisis, and while we may have a blueprint for the resolution of these other crises, things must urgently change on the cybersecurity front. (Updated June 9))
By Rita W. Garry
In the past four months of 2021, the amount of state legislative activity around consumer data privacy laws has been frantic, by state legislatures standards. So much so, it is not easy to discern the cause for all this effort.
By Tomas Suros
In response to widespread changes in the use of technology, and evaluating the potential risks of remote work and the rise of virtual meeting platforms, on March 10, 2021, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498 making it clear that the Model Rules of Professional Conduct permit lawyers to conduct their practices virtually, but urges caution at all times:
By Kyle Reese and Nathan Curtis
In 2020, law firms did what they had to do to continue serving their clients. Information governance may have been sacrificed in the face of an urgent, global crisis. As understandable as that is, it’s time now to step back and assess best practices for the new operational model that is here to stay.