GDPR (General Data Protection Regulation): Impact in Europe and Beyond (with Pascale Gelly, DPO, Schneider Electric)

12/02/19 • 24 min

There is not a week that goes by without a privacy-related topic hitting the news—from data breaches affecting millions of people to social network marketing strategies, targeted advertising, or geolocation tracking technologies. Since the adoption of the EU General Data Protection Regulation (GDPR) in 2016, privacy issues have become critical for all companies and have reshaped how data is handled across every economic sector around the world.
Our guest, Pascale Gelly, Group Data Protection Officer at Schneider Electric, a world leader in energy and automation digital solutions, shares the essentials about GDPR and its impact on companies, society, and intellectual property in the European Union and beyond. She has been practicing data protection law since the 1990s in Paris, France, handling data protection affairs for major international companies such as GE, and working as an outside counsel on emerging and international issues.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Pascale Gelly (link to https://www.linkedin.com/in/pascalegelly/?originalSubdomain=fr)
About Schneider Electric (link to https://www.schneider-electric.com/ww/en/)
Also of interest:
EU Data Protection Rules (link to https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules/eu-data-protection-rules_en)
Library of information about GDPR (link to https://gdpr.eu)
World IP Review, "Beyond the intersection of privacy and trademark law" (link to https://www.worldipreview.com/contributed-article/gdpr-and-beyond-the-intersection-of-privacy-and-trademark-law)
Harvard Office of Human Research Administration (link to https://www.hsph.harvard.edu/ohra/gdpr/)
McKinsey Insights about GDPR (link to
https://www.mckinsey.com/business-functions/risk/our-insights/gdpr-compliance-after-may-2018-a-continuing-challenge)
INTA 2020 Europe Conference, Brands, Sports, and Esports: A Brand (R)evolution (link to https://www.inta.org/Programs/Pages/2020Madrid_Overview.aspx)
INTA 2020 Annual Meeting, April 25-29, 2020, Singapore (link to https://www.inta.org/2020Annual/Pages/Home.aspx)
INTA E-Learning Programs on GDPR and WHOIS (link to https://www.inta.org/E-Learning/Pages/E-Learning.aspx)
WHOIS Challenges: A Toolkit for Intellectual Property Professionals (link to https://www.inta.org/Advocacy/Documents/2018/WHOIS%20Challenges%20A%20Toolkit%20for%20Intellectual%20Property%20Professionals.pdf)
INTA Daily News (page 8)—GDPR’s First Anniversary of Implementation and WHOIS: Where Are Brand Owners Now? (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day5.pdf)
INTA Daily News (page 18)—GDPR and Beyond: The Intersection of Privacy and Trademark Law (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day2.pdf)
The Trademark Reporter—Commentary: Availability of WHOIS Information After the GDPR—Is It Time to Panic? (link to https://w

Previous Episode

The IP Rights of the Future: What we should expect (with Francis Gurry, Director General of the WIPO)

Intellectual Property law as we know it has been shaped by technology evolutions over the last century, today’s tech innovations seems to have a higher disruptive effect on traditional IP legal concepts. Think AI, algorithms, data science, connected objects, or even life science new techs. Is our IP legal system outdated? How should we, as lawyers, address today’s legal challenges relating to machine-generated innovation, machine learning capabilities, and data processing? What evolutions should we reasonably foresee, in terms of legal doctrines, but also from a governance and policy perspective? And in that context, what will be the role of the IPOs of tomorrow? Francis Gurry has led the World Intellectual Property Organization (WIPO) as Director General since October 1, 2008. Under his leadership, WIPO has addressed major challenges, including notably managing the stress on the international patent and copyright systems produced by rapid technological change, globalization and increased demand; and ensuring that the IP system serves its fundamental purpose of encouraging creativity and innovation in all countries.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Francis Gurry (link to https://www.wipo.int/about-wipo/en/dgo/index.html)
About WIPO (link to https://www.wipo.int/about-wipo/en/)

Also of interest:
- Francis Gurry about data rights & AI (link to https://www.wipo.int/about-wipo/en/dgo/news/2019/news_0044.html, https://iprinfo.fi/artikkeli/francis-gurry-first-we-should-ask-the-right-questions/ and
https://www.managingip.com/Article/3879472/Preview-WIPO-director-general-predicts-AI-liability-changes.html?ArticleId=3879472)
- WIPO Report 2019 (link to https://www.wipo.int/wipr/en/2019/)
- MIT Technology Review about "data ownership" (link to https://www.technologyreview.com/s/612588/its-time-for-a-bill-of-data-rights/)
- INTA 2020 Annual Meeting (link to https://www.inta.org/2020Annual/Pages/Home.aspx)

Next Episode

Cannabis Brands: The Canadian Case Study (with Isabelle Jomphe, Partner, Lavery)

Canada legalized the use of cannabis for recreational purposes on October 17, 2018. The country became the first major world economy to legalize it, starting a national experiment representing major cultural, social, public policy, and legal challenges for this nation. The comparison between Canada and its southern neighbor, the United States, is often made—to date, the use, sale, and possession of cannabis is illegal under U.S. federal law, although more than 10 states have legalized marijuana for recreational use.

In this episode, Isabelle Jomphe, Partner, Lawyer, and Trademark Agent at Lavery, a law firm based in Montreal, Canada, discusses the impact of cannabis legalization on trademark law, the so-called “cannabis trademarks,” and regulations that restrict how brands can market cannabis products. It’s definitely a hot topic of debate in Canada, and beyond!

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.
Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats
FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Isabelle Jomphe (link to https://www.linkedin.com/in/isabellejomphe/)
About Lavery (link to https://www.lavery.ca)

Also of interest:

Canada Trademarks Act (link to https://laws-lois.justice.gc.ca/PDF/T-13.pdf) and Cannabis Act (link to https://laws-lois.justice.gc.ca/eng/acts/C-24.5/fulltext.html)
Regulations about cannabis promotion in Canada (link to https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/promotion-prohibitions.html and https://cannabis.ca.gov/laws-regulations/)
The Globe and Mail: Buying Blind: Cannabis marketing restrictions leave little brand awareness in the new recreational market (link to https://www.theglobeandmail.com/business/article-buying-blind-cannabis-marketing-restrictions-leave-little-brand/)
The Guardian about cannabis legalization in Canada (link to https://www.theguardian.com/world/2018/jun/06/canada-cannabis-legalization-questions-answered)
The New York Times about cannabis in the US (link to https://www.theguardian.com/world/2018/jun/06/canada-cannabis-legalization-questions-answered https://www.nytimes.com/2019/07/11/us/california-cannabis-marijuana-business-colorado.html)
INTA Bulletin: High Times Ahead: Brand Restrictions on Legalized Cannabis in Canada (link to:https://www.inta.org/INTABulletin/Pages/CANADAHighTimesAheadBrandRestrictionsonLegalizedCannabisinCanada7318.aspx)
Overview of state marijuana laws in the United States (link to: http://www.ncsl.org/research/ci