In the wake of an historic, multi-state lawsuit filed against a “Business Associate” earlier this month, it is imperative that companies with business associate agreements (BAA) in place with health care/plan customers review internal data security policies and procedures to ensure they are in compliance with their obligations arising under HIPAA, state privacy laws and the BAAs.

Outside GC Member Stephan Grynwajc continues to keep a close eye on the fate of the EU-U.S. Privacy Shield data-sharing arrangement. 

Tax-exempt organizations must become increasingly aware of the regulatory landscape in which they operate. In this ACC Docket article, Lakshmi Sarma-Ramani, a Member with our Washington D.C.-based team, provides an overview of state oversight areas that carry registration or reporting requirements. 

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.

Complying with the EU’s New Data Privacy Law

On May 25, 2018, the European Union (EU)'s General Data Protection Regulation (GDPR) comes into force, broadening the scope of privacy obligations for companies doing business in or with Europe. The GDPR applies to all businesses that collect and use personal information of EU residents, including organizations located outside the EU.

U.S. companies, including Data Processors in the United States, may be subject to the GDPR if they offer products or services to EU residents or if they monitor the behavior of such residents even if they do not have a physical presence in the EU.

A common roadblock faced by business teams is “red flags” relating to the legal compliance of marketing collateral materials. From advertisements to press releases and testimonials, to glossy brochures describing your new products and services, marketing folks are tasked with creating effective messaging to support organizational goals such as new product launches and brand awareness campaigns. However, because of the external nature of these materials, it is important that they comply with a wide variety of laws and regulations (not to mention other best practices) relating to advertising and intellectual property.