Brian Faugnan was quoted in Bloomberg Law’s Big Law Business’ article entitled “US Law Firms Must Prepare for GDPR, Panel Warns.”
Panelist Brian Faughnan, who’s with Lewis Thomason in Memphis, Tenn., noted that under GDPR “consent can no longer be a global consent” but must specify the types of data and uses to which the subject is consenting.
Faughnan commented that in the U.S., as a rule, under any state’s rules regarding returning client files, it’s ok to say, “I’m keeping a copy.” But under GDPR, he said, it appears that U. S. lawyers may not keep a copy if the client wants the data returned. Still, Faughnan wondered how an EU member state might enforce a fine against a U. S. business such as his firm in Tennessee unless it holds assets in Europe. “They can say there’s extraterritorial jurisdiction, but you and what army?”
Brian Faughnan was a panelist at the Association of Professional Responsibility Lawyer’s (APRL) meeting. The panel was entitled “Privacy and Confidentiality in a Changing World,” and convened at APRL’s midyear meeting in Vancouver.