On December 2, 2020, the Contemporary Challenges in American & Global Law webinar series continued with a discussion of “Data Privacy in the US: Where We Stand Today and Predictions for the Future.” Breaking from the traditional speaker/commenter format utilized in previous events, this program was presented by co-speakers Justyna Regan, Ph.D. (LL.M. 2005), a senior attorney at Miller Canfield, and Douglas G. Bonner ’83, a partner for Potomac Law Group and Catholic Law Board of Visitors member. Professor Emerita Leah Wortham, director of the American Law Program and the LL.M. program in which Catholic University has partnered with Jagiellonian University, once again acted as moderator for the event.
Regan spoke first, using her experience working both in Poland and the United States to discuss the General Data Protection Regulation (GDPR) in the European Union and how it has affected United States companies and the challenges it has posed to their compliance since its implementation in 2018. Regan made particular note of the cultural differences between the United States' and European citizens surrounding privacy. She then outlined sections from the GDPR—particularly Section 3.1 and Section 3.2—and circumstances under which they apply to non-EU entities. Bonner then spoke about privacy laws from the United States perspective. He used the California Consumer Privacy Act (CCPA)—the United State’s most stringent privacy law—as the lens through which to discuss regulation implementation, thresholds for application of laws, and enforcement of privacy laws.
With remaining time, Regan and Bonner answered questions posed by attendees. The questions touched upon topics including the future of U.S. and EU agreements on data privacy and transfers, potential supplemental measures in preserving transatlantic transfers, questions regarding whether the U.S. will move towards federal regulation, and “go-to” best practices for navigating data protection guidelines in the U.S.
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You can view a recording of the webinar below.