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Google Analytics, Cookies and GDPR

Google Analytics, Cookies and GDPR

January 10, 2023 at 10:00 AM - GDPR,

Most U.S. companies by now have modified their business practices to comply with the General Data Protection Regulation (GDPR). However, when it comes to the use of analytics technologies such as Google Analytics, the compliance requirements are less clear given the added applicability of the EU “Cookies Directive” (formally, the EU Directive 2002/58/EC) which regulates the use of cookies alongside GDPR-imposed consent requirements. Although implementation of the Cookies Directive varies from country to country in the EU, a decision issued by one national authority can be suggestive of future action. Last year, France’s data protection authority, the French Commission Nationale de l’Informatique et des Libertés (CNIL), issued an important interpretation of the Cookies Directive as it relates to the use of Google Analytics on a website accessible by EU/EEA residents.

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Important Compliance Deadline for U.S. Companies Handling EU Data

Important Compliance Deadline for U.S. Companies Handling EU Data

December 6, 2022 at 1:16 PM - GDPR,

The clock is ticking! The deadline for switching to the new EU Standard Contractual Clauses (SCC) for data transfers between the EU and non-EU countries is December 27, 2022. As of that date, data controllers and processors around the world that process the personal data of EU residents will no longer be able to rely on the old SCCs without violating the General Data Protection Regulation (GDPR). In other words, companies are legally obligated to replace all previously used SCCs with the new ones, and should be able to demonstrate having done so in case of an audit.  

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Ensuring GDPR Compliance on International Transfers of EU Data

Ensuring GDPR Compliance on International Transfers of EU Data

June 2, 2022 at 1:28 PM - EU personal data,

If your U.S.-based company collects or otherwise has access to the personal data of European residents, you may be asked by your European clients or U.S.-based clients who give you access to such data to complete a “Schrems” questionnaire to assess potential exposure to U.S. surveillance and other laws, such as FISA 702 or EO 12333. The purpose of this request is to enable the completion of a Transfer Impact Assessment (TIA).

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GDPR-Compliant Organizations: Why You May Need an EU Representative

GDPR-Compliant Organizations: Why You May Need an EU Representative

July 7, 2021 at 11:14 AM - GDPR,

The General Date Protection Regulation (GDPR) made its debut on the global privacy stage in 2018, and now, three years later, most U.S. companies doing business in the EU are well-aware of the regulation’s main provisions and their daily operational impact. However, the GDPR’s rules are expansive; and as a result, some of its “lesser known” articles have been overlooked by a number of smaller companies with limited in-house privacy resources.

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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.