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ARTICLE · 03 MAY 2018

Blockchain, Personal Data and the GDPR Right to be Forgotten

Proskauer Rose LLP
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The effective date of the EU's General Data Protection Regulation (GDPR) is fast approaching (May 25, 2018), and its impacts are already being felt across various industries.

United StatesPrivacy
Nicole Kramer
Nicole Kramer
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The effective date of the EU's General Data Protection Regulation (GDPR) is fast approaching (May 25, 2018), and its impacts are already being felt across various industries. Specifically, the conflicts between the GDPR and the technical realities of blockchains raise important legal considerations for companies seeking to implement blockchain solutions that involve the personal data of EU data subjects.

One of the key features of blockchain technology is the general immutability of its data, and many applications of the technology thus far are built on publicly available data trails. Among other data, a blockchain can house the information of those who have engaged in transactions along the life of the blockchain, whether it is their name or social security number or, more often, simply a code which could make an individual identifiable. Personal data in an immutable data trail is problematic when considered against the new requirements of the GDPR.

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