This article is part of the series "[Podcast] Attorney Sue Foster On GDPR". Check out the rest:
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Sue Foster is a London-based partner at Mintz Levin. She has a gift for explaining the subtleties in the General Data Protection Regulation (GDPR). In this first part of our interview, Foster discusses how the GDPR’s new extraterritoriality rule would place US companies under the law’s data obligations.
In the blog, we’ve written about some of the implications of the GDPR’s Article 3, which covers the law’s territorial scope. In short: if you market online to EU consumers — web copy, say, in the language of some EU country — then you’ll fall under the GDPR. And this also means you would have to report data exposures under the GDPR’s new 72-hour breach rule.
Foster points out that if a US company happens to attract EU consumers through their overall marketing, they would not fall under the law.
So a cheddar cheese producer from Wisconsin whose web site gets the attention and business of French-based frommage lovers is not required to protect their data at the level of the GDPR.
There’s another snag for US companies, an update to the EU’s ePrivacy Directive, which places restrictions on embedded communication services. Foster explains how companies, not necessarily ISPs, that provide messaging — that means you WhatsApp, Skype, and Gmail — would fall under this law’s privacy rules.
Sue’s insights on these and other topics will be relevant to both corporate privacy officers and IT security folks.