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GDPR National Derogations: The Next Phase of EU Privacy Compliance

July 24, 2018 at 4:29 PM - GDPR,


U.S. companies handling the personal data of EU residents should now be familiar with the requirements of the General Data Protection Regulation (GDPR), the new data protection law covering all countries in the EU, which went into effect on May 25, 2018. News about the GDPR has been plentiful, including Outside GC’s own alerts. However, compliance with EU privacy laws does not end with this regulation. There are other EU legislations covering privacy matters outside of the GDPR, such as the E-Privacy Directive 2002/58/EC of 2002 (a/k/a the “Cookies Directive”) and the “national derogations” of individual EU member state laws which impose additional responsibilities for U.S. companies that use the personal data of its residents as part of their business activities.

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Complying with New York’s New Anti-Sexual Harassment Laws

July 17, 2018 at 7:27 AM - Employment Law,


New York legislators have recently taken significant steps towards strengthening the sexual harassment laws in both the state and New York City. Employers in these areas should familiarize themselves with the state’s and the city’s new legal requirements and begin immediately to prepare for compliance.

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The Likely Demise of the EU-U.S. Privacy Shield & Its Impact on U.S. Companies

July 5, 2018 at 2:58 PM - GDPR,


The future of the EU-U.S. Privacy Shield data-sharing arrangement is shaky at best. On June 12, 2018, a resolution was passed by the European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs (LIBE) calling for the suspension of the Privacy Shield, unless the U.S. demonstrates full compliance with the requirements of the program by September 1, 2018. And today, following the recommendation of the LIBE, Parliament itself voted 303 to 223 (with 29 abstentions) in favor of suspension “unless the U.S. is fully compliant” by September 1st.

The European Parliament took this action in response to a number of recent data breaches affecting Privacy Shield Certified-U.S. companies, causing concern over the effectiveness of the regulatory oversight of the framework, as well as well as over the sufficiency of the Shield’s certification requirements which are designed to protect the personal data of EU residents. If suspended, certified U.S. companies will no longer be able to leverage the benefits afforded to them by the Privacy Shield, forcing them to find new compliance mechanisms by which to transfer data from the EU in order to satisfy the requirements of the GDPR.

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5 Reasons Startups Need a Lawyer from Day 1

June 29, 2018 at 11:10 AM - Legal Services,


Starting your own business can be a mammoth undertaking, especially when it comes to managing expenses while working (often tirelessly) to build momentum, and eventually, a revenue stream. Many new business owners grapple with the right time to hire an attorney. Although the thought of engaging an attorney from Day 1 may seem cost-prohibitive, it is a smart business decision even for the smallest companies. Of course, you’ll want a lawyer who is fairly-priced and efficient, and who has experience working with startups.

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Conducting A Self-Evaluation of Pay Practices: An Affirmative Defense to Liability Under the New Massachusetts Pay Equity Law

June 26, 2018 at 4:11 PM - pay audits,


The Massachusetts Act to Establish Pay Equity (“MEPA”) takes effect on July 1, 2018. The goal of the new law is to reduce pay differentials among men and women doing comparable work. The penalties for violating the new law include back wages, benefits and other compensation, and attorney’s fees. For an overview of MEPA, please see Part I of this two-part series on MEPA.

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15 Strategies For Team Empowerment In The Workplace

June 15, 2018 at 12:42 PM - Management


Introductory note: In addition to my role as on-demand general counsel at Outside GC, I am also the co-founder of Public Safety Network, a new firm providing business and operational expertise to established and start-up companies entering the public safety tech market which has been recently accelerated by the creation of FirstNet, the independent government authority responsible for bringing the first nationwide prioritized broadband wireless network to public service professionals. In the below article, I've shared some key principles on how to empower your workforce. Not only have these principles defined my approach throughout my management career, but they continue to guide my experience as a member of Outside GC's team, and lie at the core of the legal and business advice I provide to all of my clients so as to maximize desired business outcomes. I hope you enjoy! Jason

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Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.

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