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Influence of EU GDPR and New California Privacy Law

Violations of the GDPR and CCPA can result in serious liabilities.

The EU's General Data Protection Regulation (GDPR) and California's Consumer Privacy Act (CCPA) impose new data privacy obligations and restrictions, at times with extra-territorial scope. Violations of these laws can result in serious liability for U.S. companies even after a merger or acquisition has occurred. Even so, many U.S. companies have not come into full compliance with the GDPR an CCPA, which can result in new liabilities and risks during M&A deals. This topic helps the persons involved on buyer and seller sides of M&As understand the applicability of the GDPR and CCPA to U.S. companies and how to incorporate data privacy compliance into M&A preparation and due diligence. The material also explains how data privacy risks can be addressed in relevant M&A documentation and post-deal integration and system management. As data privacy regulators enforce these new laws and individuals become more familiar with their new data privacy rights, this information is critical for businesses to ensure that their M&A processes protect parties from inadvertent noncompliance.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview: Influence of EU GDPR and New California Privacy Law

  • Data Privacy in Manda Deals

Overview of GDPR and CCPA

  • GDPR
    • Extraterritorial Scope
    • Liability
    • Lawful Basis for Processing
    • Privacy by Design
    • Data Subject Rights
    • Breach
  • CCPA
    • Scope
    • Liability
    • Consumer Rights
    • Consent
    • Data Protection
    • Breach

Early Stage Activities

  • Data Privacy Review (Sell-Side Perspective)
    • Identify Applicability of GDPR and CCPA
    • Data Mapping
    • Identify Gaps and Deficiencies
  • Due Diligence (Buy-Side Perspective)
    • Designate Party to Audit Data Privacy Practices
    • Review Data Mapping
    • PreExisting Liability and Breaches

Identifying Key Risks

  • Privacy by Design (Systemic Issues)
  • Data Transfers
  • Integrating Data Systems
  • Deficient Compliance Procedures
  • Breaches
  • Unlawfully Processed or Sold Data

Representations, Warranties, Indemnities

  • Reps and Warranties
  • Indemnities
  • Data Privacy Provisions

Ancillary Documents

  • Privacy Notices
  • Consent Records
  • Processing Records

Post-Deal Considerations

  • Updating Data Subjects
  • Transitional Services (Integrating Data Systems)
  • Managing On-Going Use of Databases
  • Preserving On-Going Controls
  • Updating/Improving Procedures and Controls
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 26, 2020.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 89 Minutes.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Oliver Krischik

Oliver Krischik

GKG Law, P.C.

  • Senior associate in the Washington, D.C. office of GKG Law, P.C.
  • Practice areas include data privacy, GDPR, trade and professional associations, OFAC economic sanctions, export controls, anti-money laundering, transportation, trade and logistics, international trade compliance, and banking and financial fraud
  • Washington, D.C. Super Lawyers Rising Star in administrative law, 2019 and 2020
  • Featured speaker on topics such as data privacy, international trade, and issues surrounding sanctions and immigration
  • Published author on a range of legal issues, including data privacy, GDPR, federal financial regulations, and export controls
  • Often quoted in national and international publications, including The New York Times, Voice of America and Radio Free Asia
  • Admissions: Virginia (2015) and District of Columbia (2017)
  • J.D. degree, Georgetown University Law Center
  • Can be contacted at 202-342-5266 or [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406821
Published 2020
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