Lessons from Facebook and Fortnite

The news just has not been kind to Facebook the last three months. First the Cambridge Analytica scandal breaks, then the company runs those wrong-footed commercials (“Sorry for selling access to your data and, you know, for stuff like Brexit“), and now comes the revelation that the apologies needed to go much deeper. Despite an… Read More

An American (Well, Californian) GDPR

You’ve taken all the steps – shut down EU operations, turned off German language translation, and ceased taking Euros.  You canned the entire PR department in Dublin and moved your cloud storage from Charleroi to Sheboygan. You’ve even put up a giant American flag on the website. And just when you thought it was safe… Read More

The Three Pillars of GDPR – Consistency (No. 3)

And so, at long last, the GDPR is the law, and we leave behind the relatively lower standards under the Data Protection Directive.  The Directive, which has been on the books for more than two decades, now passes into obsolescence, like beepers or, in Miami, traffic laws.  Now, we’ll all start to learn what the… Read More

The Three Pillars of GDPR – Security (No. 2)

There are 72 hours to go until GDPR Day (#privmas), and you can almost feel CISOs hoping that, if there’s going to be a breach, it happens today and not on Monday.  We noted once before that Andrea Jelinek, chair of the (very important) Article 29 Working Party deadpanned that “there will be a two… Read More

The Three Pillars of GDPR – Transparency (No. 1)

Two years ago, when the European Commission approved the GDPR and set an effective date for May 25, 2018, I thought “that is such a long time to wait.”  It was a choice out of keeping with American legislative methods, where Congress passes a law and maybe gives an effective date of the following January 1, but… Read More

GDPR Countdown – Two Weeks to Go

As we roll into the final two weeks of our countdown, we’re going to take something of a step back and look at issues more broadly. Yesterday, we discussed Google’s AI, and how we’re all going to be living in the Duplex, as it were. I am (clearly) pretty hung up on this, and have… Read More

“OK Google – Is this Legal?”

Machine learning and artificial intelligence are the “it” buzzwords of mid-2018, and even after our short attention spans turn to something else, the concepts behind the words will continue to evolve. Everyone talks about Skynet and the inevitable rise of our robot overlords, and most of the time they’re joking (other than when they show our friends the Boston… Read More

GDPR Countdown – Three Weeks to Go

It’s May, which means we’re now in that frantic time period leading up to the GDPR where the biggest concerns loom largest. For some, that’s the documentary obligations under the Regulation, for others it is whether to hire a DPO, but it seems that everyone I talk to is worried about Article 20’s requirement for… Read More

Lost in Translation, or “Mayday”

Given my practice, it probably isn’t surprising that I hear data and technology related buzzwords all the time, and often they’re just strung together in an incoherent jumble. “Blockchain crypto machine learning AI alakazam.” Usually this jumble is followed by a statement like “it’s changing the world, man,” at which point I always know that… Read More

GDPR Countdown – Four Weeks to Go

Living in Miami means we deal with hurricanes. For most Floridians, the response to a Category 1 or 2 storm is to buy enough food for a hurricane party and binge Netflix until the power goes out. A Category 3 means block the windows, and at a Category 4, we’re gone. The problem is that… Read More

GDPR Countdown – Five Weeks to Go

My kids have a tendency to throw rules of evidence around at one another when they’re arguing because, you know: lawyer kids. One of my favorite lines is “you have no evidence at all that I did that!” which is usually called out despite blatant, overwhelming proof to the contrary, like the culprit being covered in… Read More