GDPR Considerations in European – American University Research Contracts

Negotiating R&D contracts with European partners over the past 20 years has always been my favorite type of transaction work. You have the cultural differences, the time zone issue, language issues, IPR issues, liability and indemnification issues, currency issues, and other issues that add complexity to the negotiation (and ultimately management) of such transatlantic research … Continue reading GDPR Considerations in European – American University Research Contracts

The Well – Being of Privacy Professionals: A Critical Component for Success

The fields of privacy and data protection are fairly new areas of professional activity. Certainly the last generation+ has seen an explosion in job growth. The question naturally arises, then, as to whether individuals working in the area are happy and professionally satisfied. Do they derive professional satisfaction? Are they thriving? Is stress in the … Continue reading The Well – Being of Privacy Professionals: A Critical Component for Success

A Conversation with Sonia Intonti: Schrems II and the Way Forward

We said it to ourselves, and we heard it repeated many times, that this year 2020 will certainly have no place in the annals as a lucky year. The beginning of this new decade has seen the life or at best the activity of many of us bending due to the pandemic crisis caused by … Continue reading A Conversation with Sonia Intonti: Schrems II and the Way Forward

The GDPR and U.S. Universities

The Future of Privacy Forum released a fantastic report in May 2020 entitled, "The General Data Protection Regulation: Analysis and Guidance for U.S. Higher Education Institutions." As someone who has worked in U.S. university research management for over 25 years, this document was a welcomed addition covering a big sector of the U.S. economy. The … Continue reading The GDPR and U.S. Universities

Observations on Office Re – Engineering: Privacy Offices and Research Offices

Earlier today I had the opportunity to watch the highly useful IAPP webinar entitled What Works: Benchmarking and Improving your Privacy Program. I was particularly intrigued by the comments directed at improving / re - engineering a privacy office. The presenters emphasized the constant evolution of privacy regimes on a global scale, and that today … Continue reading Observations on Office Re – Engineering: Privacy Offices and Research Offices

Contract Negotiation Best Practices and SCCs

Given the recent CJEU decision in Schrems II with respect to standard contractual clauses (SCCs), it struck me as a good time to revisit best practices in contract negotiation. The suggestions below are the result of 18+ years' negotiating contracts in law, local government, and academia, including many with colleagues in Europe and beyond. Whether … Continue reading Contract Negotiation Best Practices and SCCs

The Aftermath of Schrems II

Much has been written about the Schrems II case since its publication 9 days ago. Rather than simply repeat what many others have said on various privacy sites, I want to provide my own take on it within the broader context of what is going on in the world today. While Schrems II invalidated the … Continue reading The Aftermath of Schrems II

At the Nexus of Privacy and Antitrust

The IAPP Privacy Advisor published an excellent article on 23 June entitled "The thin line between privacy and antitrust." In particular, the three scenarios presented by the authors are concise introductions to the important ways that privacy issues may arise in antitrust matters / investigations. And how the areas of privacy and antitrust are more … Continue reading At the Nexus of Privacy and Antitrust

Contract Negotiation Best Practices

If you are interested in contract negotiation best practices, check out my discussion in the latest installment of NCURA YouTube Tuesday (National Council of University Research Administrators). Not exactly concerned with privacy per se, but I would consider the topic to be within the larger universe of privacy issues. https://www.youtube.com/watch?v=XY33603mlPk

Culture Change During this Momentous Time

I watched the congressional testimony on Capitol Hill today regarding the pandemic, and listened to the medical experts from NIH/NIAID, CDC, FDA, and the Administration. Their observations got me thinking about the concept of culture change and how much we are hearing about how the pandemic is changing (or going to change) cultural norms and … Continue reading Culture Change During this Momentous Time