If you are US licensed attorney, how do you handle questions on GDPR? I am a junior in privacy practice in Big Law and am just trying to navigate this correctly. Was just on a call where a U.S. attorney gave a bunch of GDPR advice, and I just didn't realize that was ok?

Am I allowed to advise on GDPR compliance, even if not licensed in the EU? Does it make a difference if I am CIPP/E certified?

likefunny
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If you know what you’re talking about then give the advice

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I am in-house and I expect that biglaw US outside counsel has a working knowledge of GDPR to let me know general best practices and whether an issue is really a problem and should be directed to local EU counsel for further review.

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We have reached out to local counsel for nitty gritty questions about member state specific implementations and data protection authority issues. Otherwise, we handle.

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We always have to consult with coordinating counsel even if it’s something basic that we absolutely would know ourselves.

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I would assume that, due to GDPRs extraterritorial nature, it's completely fine for you to advise on it without being established as an EU/UK attorney. None of the US-based outside counsel I've worked with for GDPR has been barred in the EU/UK.

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Reach out to coordinating counsel. The GDPR is a tricky, and nuanced piece of legislation. It is not as straightforward as some might think and having a broader awareness of the guidance notes is important.

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Usually just email one of my EU counterparts.

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The purview of the GDPR extends beyond the actual geographical boundaries of the EU. Just do a little refresher on the GDPR scope and you'll thank me.

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Loop in our European team if it is anything substantive.

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