Top Five Questions We're Being Asked Leading Up to "GDPR Friday"May 24, 2018 – Client Alert
Friday, May 25, 2018, is arguably the biggest day in privacy law in many years. That is the day the European General Data Protection Regulation (“GDPR”) goes into effect. Many of our clients have been preparing for this date all year. In recent days, however, we have received numerous calls, especially those without a footprint in the EU, wondering if they too need to be "GDPR compliant."
For those who are not sure if they need to be "GDPR compliant," below are the top five questions we're being asked, as well as our answers to those questions:
1. Do I have to do anything about the GDPR? Despite what many vendors are implying, not all companies are subject to the GDPR. However, if a company is selling to or targeting European customers, it has to comply even if it has no physical presence in the European Union.
2. If I have Europeans on my e-mail contact list, does that make me subject to the GDPR? Not necessarily. It depends on whether you are targeting European customers with sales of goods or services or whether you are engaging in business to business enterprise.
3. If I have obtained consent from European customers in the past, do I have to get consent again? In many instances, companies do not have to obtain new consent, particularly if they have provided customers with an option to unsubscribe from a mailing list. However, it may be necessary to obtain consent for certain types of data collection and processing, especially if you are collecting substantial amounts of personal data from Europeans.
If you or your clients have any of these—or other—questions about the GDPR, please have them contact Tim Toohey at [email protected] or at (310) 201-7450.
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