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The Evolving GDPR Regulatory Landscape


While comprehensive privacy and data protection laws are becoming the norm in jurisdictions worldwide, the European Union’s General Data Protection Regulation (GDPR) was revolutionary. Though niche and sector-specific laws existed for decades before the GDPR took effect in 2018, it was the first overarching privacy and data protection law. It established many core tenets in the privacy lexicon we know today. For example, the GDPR introduced and built upon the concepts of controllers and processors and the different legal bases, such as consent and legitimate interest, among other critical components of the present-day privacy and data protection legal canon. The GDPR also acted as a template for other laws, such as the first comprehensive state privacy law, the CCPA, as amended by the CPRA.

With such a comprehensive law, including its extraterritorial application, the GDPR imposes broad compliance obligations on companies of all shapes and sizes. These obligations include GDPR-compliant privacy policies and notices, data processing agreements (DPAs), data mapping, impact assessments, data subject rights compliance, and data transfer considerations. Regulators in the space, referred to at times as “data protection authorities,” are actively enforcing the law, with some of the most notable enforcement coming from France’s CNIL and the UK’s ICO. There are also changes being made to ramp up and streamline the enforcement of the GDPR among the various EU member states. If enforcement arises, the fines can be enormous and take into account “full group” revenue, not only the “turnover” of a subsidiary.

A GDPR lawyer can help companies analyze data processing practices and ensure compliance to avoid potentially costly enforcement actions from data protection authorities. At RICHT, we focus on assisting clients in staying ahead of the ever-evolving GDPR regulatory landscape while ensuring that they can still operate their businesses in a manner that prioritizes growth and innovation. 



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