Author: Peter Blenkinsop

Stay In Touch! Email Marketing After the GDPR

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Part I: Untangling the GDPR and the e-Privacy Directive

This is the first post in a four part series on GDPR and email marketing.

Your email in-box has probably finally recovered from the wave of GDPR opt-in requests and notices that peaked around May 25th. But, if you’ve followed the privacy press or the statements from EU regulators, you’re probably left wondering what it was all for. Many statements made in news stories (both in the U.S. and the EU) and by commentators have claimed that the GDPR means no one can send marketing emails any more without your permission. But, other stories suggest that the opt-in emails and privacy notices were unnecessary or, even, inappropriate. Who’s right? And what email marketing is allowed now?

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Recap of Our General Data Protection Regulation Webinar Series

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In preparation for the General Data Protection Regulation (GDPR), set to take effect in the EU on May 25, 2018, we have hosted a series of webinars to help attendees navigate the changing data protection landscape. The GDPR is the EU’s most important change in data privacy regulation in 20 years, replacing the 1995 Data Protection Directive, and will affect any company that processes data pertaining to individuals in the EU. Please find more information on the presentations below:

Irish High Court Refers Future of EU Model Clauses to CJEU

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On October 3, 2017, the Irish High Court referred Data Protection Commissioner v. Facebook Ireland Limited & Maximilian Schrems to the Court of Justice of the European Union (CJEU), where the future of standard contractual clauses (SCCs) will be decided (here).

In December 2015—following the CJEU’s landmark decision in Maximillian Schrems v. Data Protection Commissioner invalidating the U.S.-EU Safe Harbor framework—Schrems amended his original complaint to the Irish Data Protection Commissioner (DPC), challenging the validity of data transfers to the U.S. based on the European Commission approved SCCs (available here).  Based on the CJEU’s Schrems decision, the Irish DPC petitioned the Irish High Court asking to refer the matter to the CJEU for ruling on the question of whether the European Commission’s SCC decisions are valid under European law.  Specifically, the Data Protection Commissioner questioned whether there is an effective remedy under U.S. law compatible with the requirements of Article 47 of the EU Charter of Fundamental Rights for an EU citizen whose data is transferred to the U.S., where such data is subject to electronic surveillance by U.S. agencies for national security purposes. EU  citizens  have  a  right  guaranteed  by  Article  47  of  the  Charter  to  an  effective remedy before an independent tribunal if their rights or freedoms are violated. These include the rights under Articles 7 and 8 to respect for private and family life and protection of personal data.

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Webinar Series: Preparing for the General Data Protection Regulation (GDPR)

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The new General Data Protection Regulation (GDPR) is the EU’s most important change in data privacy regulation in 20 years, replacing the 1995 Data Protection Directive.

In our ongoing series of GDPR-focused webinars, we guide attendees through the (GDPR) provisions, which will take effect on May 25, 2018 for all companies conducting business with EU citizens.

With the deadline for compliance quickly approaching, these sessions provide practical, detailed advice on preparations, as well as developments related to GDPR compliance preparations. We have included links to each of these sessions and a summary of what was covered below.

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