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7/15/15 - Into The Unknown: The Proposed EU General Data Protection Regulation and Its Potential Effect On Transborder Data Flows

Promontory Senior Principal John Bowman co-authored a Bloomberg BNA article discussing the proposed EU General Data Protection Regulation and its potential impact on crossborder data transfers. Although the European Commission, Council of the European Union, and European Parliament are eager to conclude a final regulation this year, they have different points of view. 

 “It is clear that the reform will have an impact on transborder data flows, and in particular, transfers out of the EU/European Economic Area,” the authors said in the article. “Where discovery or enforcement actions are involved, close attention will have to be paid to the changes in: territorial scope; the amount of the sanctions; the role to be played by consent; the legitimate interest and the legal claims derogations; and whether or not an anti-FISA clause will be included in the international transfers regime."

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