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Attorneys trying to keep up with the legal landscape surrounding transfers of data between the United States and the European Union have had their work cut out for them the last few years. First, the U.S.-EU “Safe Harbor” framework was scrapped by the EU court. Just as that was being patched up with the “Privacy Shield,” another court action in Ireland has threatened an alternative legal tool permitting transatlantic data flows. Plus, let’s not forget the gorilla in the room — the General Data Protection Regulation (GDPR) — which will overhaul the entire legal framework for data privacy in Europe when it comes into force next year.

In this episode of Unprecedented, veteran cybersecurity and data privacy attorney Françoise Gilbert of Greenberg Traurig’s Palo Alto office gives us a look ahead at the challenges facing companies and lawyers in this space. She explains why she’s not so worried about the Irish High Court case, predicts that the Privacy Shield will probably hold, while warning that the GDPR could lead to increased enforcement and litigation risk for companies. “I would predict that every country, especially the larger ones that have a larger staff, will have more enforcement actions and be more stringent than they were in the past,” she says.

Listen to the full podcast below.

About the podcast: “Unprecedented” is a biweekly podcast hosted by Law.com reporter Ben Hancock about technology, the law, and the future of litigation. Based in San Francisco, Ben writes about third-party litigation finance, legal data analytics, artificial intelligence, privacy, and related issues. Listen to more Law.com podcasts here.











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