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OnDemand Course

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.

90 minutes
Certificate of Completion
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Over 35 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 35 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, Maine, New Hampshire, 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.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • 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.
     
  • 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.
     
  • 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.
     

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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Why Lorman?

Over 35 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.

  • Practice areas include OFAC economic sanctions, export controls, anti-money laundering, transportation, trade and logistics, international trade compliance, banking and financial fraud, trade and professional associations, and data privacy
  • Currently advises all GKG Law attorneys on sanctions issues pertaining to various practices at the firm
  • Super Lawyers Rising Star – Top Rated Administrative Law Attorney in Washington, DC (2019-Present); and Best Lawyers Ones to Watch in Washington, D.C. Transportation Law – 2021-Present
  • Often quoted in national publications, including The New York Times, on OFAC sanctions-related topics, issues, and breaking news (“Mexico’s World Cup Captain Is on a U.S. Blacklist,” The New York Times, 06/18/18)
  • Featured speaker on webinar and seminar topics, including international trade, transportation, and issues surrounding sanctions and immigration; published author on a range of legal issues, including OFAC sanctions, federal financial regulations, export controls, data privacy, and the GDPR
  • Served as co-chair of the Economic Sanctions Practice Group at a mid-size firm prior to joining GKG Law, P.C.
  • American Bar Association Section of International Law’s Export Controls and Economic Sanctions Committee and Steering Group Member
  • Admissions: Virginia and the District of Columbia
  • J.D. degree, Georgetown University Law Center
  • Can be contacted at 202-342-5266 or [email protected]
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Over 35 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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