The GDPR comes into force next year, but it's clear that the much-hoped for uniformity and clarity it was intended to deliver is far from becoming a reality. Due to a lack of clarity in the legislation - as well as the wider data protection regulatory regime - a number of common challenges arise again and again. This blog identifies some of those key challenges and highlights areas where future regulatory guidance is sorely needed.
Liability discussions in contractual negotiations are always challenging. With the advent of the GDPR, they are becoming even more so as customers insist upon unlimited liability for data protection breaches - largely out of fear that a breach by their processors could expose them to 4% fines from DPAs. So how should you handle liability discussions in GDPR contractual negotiations and settle upon the 'right' amount of liability? This article explains a few key pointers to keep in mind.