Legislation passed this month by the European Union puts greater focus on consumers and gives users clearer rights and avenues for recourse against companies over data protection and online privacy.
“The GDPR [general data protection regulation] really punctuates or highlights the problem,” said David Keating, partner and co-leader of Alston & Bird’s Privacy & Data Security Practice. “It’s this continuing advancement of this cultural ideal of privacy that is different to ours.”
He added that if the new legislation leads to a revamped U.S.-E.U. data sharing agreement, it will have to “treat liability to E.U. data subjects differently than the original Safe Harbor.”