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ARTICLE · 25 JANUARY 2018

What IP Practitioners Should Know About GDPR And Personal Data Protection In Europe

Foley Hoag LLP
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In the European Union ("EU"), "everyone has the right to the protection of personal data concerning him or her" under the Charter of Fundamental Rights.

European UnionIntellectual Property
Foley Hoag LLP
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In the European Union ("EU"), "everyone has the right to the protection of personal data concerning him or her" under the Charter of Fundamental Rights. Intellectual property is also protected as a fundamental right under the Charter, as is freedom of speech. These rights can sometimes conflict. In two previous posts on cases about linking to Playboy pictures and the inspiration for Jeff Koons' sculptures, we discussed how freedom of expression has been used as a defense to copyright infringement. But IP rights can also come into conflict with data protection.

On May 25, 2018, the General Data Protection Regulation (the "GDPR") will apply in all Member States of the European Union ("EU"), and will replace the 95/46/CE Directive ("the Directive").

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