Webinar on The Proposed European Union General Data Protection Regulation

Time:     2:00 to 3:30 pm EDT The Sedona Conference Webinar on The Proposed European Union General Data Protection Regulation Potential Ethics credit available – check your state requirements.* In 1995, the European Union adopted the Data Protection Directive, 95/46/EC, which requires each member state to implement laws regarding the processing of personal data and the movement of such data across borders. The Directive implements Article 8 of the European Convention on Human Rights, to which all EU member states are signatories. That provision guarantees that member states respect fundamental rights of personal privacy. While there is broad consensus among the EU member states on the nature and scope of such rights, the Directive allows each state to develop its own statutes, regulations, and enforcement procedures. As a result, global enterprises doing business in Europe must navigate a complex set of rules and regulations governing the collection, processing, retention, and use of customer, employee, and marketing information. Global enterprises headquartered or doing business in the United States face an additional challenge: If they are involved in civil litigation (or investigations) in the United States, they face potentially broad data preservation and discovery requirements that may include data related to European data subjects or held in Europe. These obligations – ranging from preservation, to collection and review, to production of the data to an opposing party, to a government regulator, or in open court – may come into direct conflict with EU data protection laws. The avoidance, resolution or mitigation of this conflict is the primary mission of The Sedona Conference Working Group 6 on International Electronic Information Management, Discovery and Disclosure, which has published the International Principles on Discovery, Disclosure, and Data Protection and is currently working on several supplementary guidance documents. Since 1995, we have witnessed a global information explosion, fueled by computerization and the Internet. Millions of individuals use email, cell phones, and a variety of online applications to communicate. Governments and private enterprises have the ability to collect vast amounts of data – legitimately or surreptitiously – giving rise to the concept of “big data.” Information systems routinely transmit data across borders, as network servers and cloud computing services can be located anywhere in the world. For several years, EU data regulators and data privacy advocates have endeavored to modernize the 95/46/EC Directive, with the goals of harmonizing the laws of the member states, providing streamlined regulation and enforcement, and addressing the tremendous advances in information technology since 1995. Most significantly, the current proposal would replace the Directive and its various state-by-state implementations with one EU-wide General Data Protection Regulation (GDPR). The GDPR and the process of adoption have been perceived as mysterious and puzzling by United States lawyers and Information Governance professionals. This webinar will de-mystify the GDPR, provide an up-to-the minute report on its status, and provide links to useful background materials. A panel of experts involved in Sedona Working Group 6 - and deeply engaged in the GDPR adoption process - will discuss: The legal and cultural differences between American and European views on privacy and pretrial discovery The history of data protection in the EU, concentrating on the 95/46/EC Directive The substantive provisions of the proposed GDPR The differences between the Directive and the GDPR The procedural history and current status of the GDPR Practical advice on Information Governance for organizations doing business in Europe, in anticipation of the adoption of the GDPR The practical impact of the GDPR on cross-border litigation, arbitration, and regulatory investigations As time allows, we will also take your questions during the Webinar. Questions may be submitted to the panel moderator during the Webinar by text, but there is a unique opportunity for Chicago-area practitioners to be part of a live audience. The Webinar will be broadcast from the offices of DLA Piper in Chicago, and audience members will enjoy a significant discount off the regular registration fee. *CLE credit: The Sedona Conference does not apply for CLE accreditation for webinars, but registrants may submit documentation to their respective state CLE office for potential credit. You can view system requirements here. Moderator Kenneth J. Withers, The Sedona Conference, Phoenix, AZ Panelists Geraldine Dersley, U.K. Information Commissioner's Office, Wilmslow, England Natascha Gerlach, Cleary Gottlieb, Brussels, Belgium Jim Halpert, DLA Piper, Washington, DC Jennifer L. Hamilton, Deere & Company, Moline, IL Cecilia Álvarez Rigaudias, Pfizer, Madrid, Spain