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Data Protection Compliance

A European customer asks for your GDPR documentation, a subsidiary abroad starts sending employee data to New York, or a partner in Korea wants to know how you will protect the records it shares.

Reviewed

01 GUIDE

Data Protection Compliance: what usually happens

When foreign data protection law reaches a US company

Data protection is the term most of the world uses for what US law tends to call privacy, and the European framework is the most common reason a US company encounters it. The GDPR can apply to a business with no office in Europe if it offers goods or services to people in the EU or monitors their behavior there, and the United Kingdom has its own version. Other countries, including Korea, have comprehensive data protection laws with their own rules on consent and on sending data abroad. These laws rest on principles that differ from most US statutes, such as needing a lawful basis for each use of personal data. A company can be fully compliant with a US state law and still fall short under these regimes.

Documentation regulators abroad expect

European-style regimes put heavy weight on records. Companies are generally expected to keep a record of their processing activities and to assess higher-risk processing before it begins, and some must also appoint a representative inside the EU. Cross-border transfers need a recognized mechanism, such as certification under the EU-US Data Privacy Framework or standard contractual clauses, often supported by an assessment of the destination country's laws. Gather your current privacy notices, intra-group data agreements, vendor contracts, and any transfer documentation already in place. Breach response plans should account for foreign notice deadlines, which can be tighter than US ones.

Fitting the pieces together

Most US companies do not need a separate program for every country. Our review identifies which foreign laws actually apply based on where your customers, employees, and vendors are, then looks at whether your existing US privacy and security work can be extended to cover them. Transfers between affiliates are a common gap, particularly where an overseas parent or subsidiary shares HR or customer data with the US entity without any written agreement. If a regulator, customer, or individual has already raised a question, its timeline comes first.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

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Attorney Advertising. This page is general information about data protection compliance and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.