GDPR: Are You Liable?

Overview of GDPR: Are You Liable?

Although the GDPR is an EU law, it reaches many American organizations doing business with the EU. This seminar introduces the GDPR's origins and defining characteristics, distinguishes Data Controllers from Data Processors, explains how the GDPR regulates data transfers and the liability businesses face for non-compliance (with notable enforcement examples), and offers key takeaways and predictions on where enforcement is headed.

What you’ll learn in GDPR: Are You Liable?

• Explain the GDPR's origins, scope, and extraterritorial reach to U.S. businesses
• Distinguish the obligations of Data Controllers and Data Processors
• Describe how the GDPR regulates cross-border data transfers
• Assess GDPR liability, fines, and class-action exposure

Curriculum

1. 1. GDPR: Are You Liable?

   In this seminar, our privacy experts begin by introducing the GDPR, both its origins and its defining characteristics. Next, our speakers explain the difference between Data Controllers and Data Processors, explaining the critical difference between the two positions. The conversation then moves to discuss how the GDPR regulates data transfers as well as the liability businesses face for non-compliance, citing some of the most notable recent examples. The panel also provides practitioners with key takeaways and risks for organizations to consider, as well as thoughts on the direction of where enforcement is headed in the future. Topics covered in this webinar: Introduction to the General Data Protection Regulation (GDPR) GDPR Obligations for the Data Controller and Processor GDPR Data

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Your instructors

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Wayne Matus

Co-Founder, SafeGuard Privacy

SafeGuard Privacy

Wayne Matus is a co-founder of SafeGuard Privacy, a privacy compliance software company he started with Richy Glassberg, and has served as its executive vice president and general counsel. His work covers data protection compliance and vendor privacy diligence for the digital advertising and media industries, including the company's Vendor Compliance Hub platform. He previously served as managing director of compliance globally at UBS, where he took on the bank's GDPR obligations; earlier he was a partner in a global law firm in the 1990s and co-founded the privacy practice at the oldest law firm in California. At Legal Cyber Academy he teaches on GDPR liability.

Shannon Yavorsky

Partner, Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP

Shannon Yavorsky is a partner at Orrick, Herrington & Sutcliffe LLP in San Francisco and London, where she co-leads the firm's global Cyber, Privacy & Data Innovation group and its artificial intelligence practice. She advises on U.S. and European privacy, cybersecurity and AI issues, counselling clients on cross-border data transfers, data breaches and the development of global privacy and AI compliance programs, evaluating privacy, security and AI risk in corporate transactions, and drafting and negotiating data-related contracts. She joined Venable's San Francisco office as a partner in 2017 from Kirkland & Ellis, where she was also a partner. She is admitted to practice in California, Ireland, and England and Wales. At Legal Cyber Academy she teaches on the CCPA, the GDPR and board cyber readiness.

Nishat Ruiter

General Counsel and Secretary, TED Conferences

TED Conferences

Nishat Ruiter is General Counsel and Secretary of TED Conferences, where she manages legal strategy across the organization, including trademark, privacy, AI risk management and compliance policies, and corporate matters for the TED Foundation. Her work covers licensing of TED content worldwide across all forms of media, acquisitions, partnerships, marketing and code of conduct matters. She has more than 17 years of experience as in-house counsel and in private practice, and before TED was Associate General Counsel at CA Technologies, where she headed the North American sales legal department. TED Conferences runs TEDLaw, a learning program for the legal profession launched in partnership with the ACC Foundation. She holds a J.D. from Widener Law School and a B.A. from Rutgers. At Legal Cyber Academy she teaches on GDPR liability and managing cybersecurity risk.

Alex van der Wolk

Partner and Amsterdam Managing Partner, Morrison & Foerster LLP

Morrison & Foerster LLP

Alex van der Wolk is a partner at Morrison & Foerster, managing partner of the firm's Amsterdam office, and co-chair of the firm's Global Privacy & Data Security practice. He advises on data, cyber and privacy matters, including litigation, and on global ethics and compliance, with particular attention to the artificial intelligence and semiconductor sectors. He is listed in both the Amsterdam and Brussels offices. He holds LL.B. and LL.M. degrees from the University of Amsterdam and an LL.M. from Columbia Law School, and is admitted to practise in the Netherlands. At Legal Cyber Academy he teaches on liability under the GDPR.