Privacy is suddenly
becoming an issue in
the United States, while
Europe has long guarded
its citizens’ privacy.
will inadvertently violate restrictions
on what can be brought into — or
taken out of — the United States.
We’re not just talking about Cuban
cigars. Information on a laptop or
cell phone can fall under the list of
forbidden items, as well as documents and hardware transported to
support sales presentations. Many
things that may have slipped through
in recent years — large amounts of
currency, for example — may become problematic when US Customs
and Border Protection has more
agents. Any company whose business
revolves around sensitive technology
should be especially cautious.
Not all borders are geographic
Hacking has grabbed headlines in recent months — both the state-spon-sored variety and for individuals who
want to create disruption. Ordinary
theft of financial information, which
is starting to seem rather quaint in an
atmosphere where governments are
hacking each other and their citizens,
continues unabated, too.
Expect a reaction to these activi-
ties in the governing bodies of many
nations. Privacy is suddenly becom-
ing an issue in the United States,
while Europe has long guarded its
citizens’ privacy. In the European
Union, “the right to forget” has even
sought to erase the public record
of embarrassments, something that
may seem odd in the United States
— where public record is seldom
restricted.
For businesses, the greatest danger
at present may be in not understanding the digital privacy laws in foreign
jurisdictions. This is especially true
in the European Union, where there
are laws that restrict the types of
personal information that can be
transmitted to servers overseas. Add
this to the list of expertise that you’re
going to need to stay compliant in
the future.
Consider a cross-border
legal manager
There is a lot to keep up with in
cross-border matters and remember
— borders go both ways. Using the
United States as an example, as that
country becomes more vigilant, ex-
pect other nations to do the same. In
some cases, US travelers, for exam-
ple, may be scrutinized in response
to what some countries perceive as
unfair monitoring of their citizens
who come into the United States.
We recommend designating a
cross-border manager, either someone in your legal department or an
outside lawyer, who can monitor the
fast-changing developments in cross-border matters, regularly update best
practices and employee training, and
pay special attention to your interests
in those parts of the world. ACC
ACC EXTRAS ON… Cross-border compliance
ACC Docket
Patent Trolls: Inside Sony’s
Cross-Border Patent Infringement
(Nov. 2016).
www.accdocket.
com/articles/sony-patent-
litigation.cfm
Border Corssing: Building an
International Team to Support a
Global Business (June 2016).
www.accdocket.com/articles/
resource.cfm?show=1439490
A New Frontier: Successfully
Navigating the Pitfalls and
Paradigms of Cross-Border
Mergers and Acquisitions
(Oct. 2014).
www.accdocket.
com/articles/resource.
cfm?show=1377599
InfoPAK
Competition Law Multi-Jurisidictional Guide
(Jan./Feb. 2015).
www.acc.com/legalresources/
resource.cfm?show=1307132
Top Ten
International Trade Issues
in Supply and Acquisition
Agreements (Sept. 2015).
www.acc.com/legalresources/
publications/topten/issues-in-supply-and-acquisition-
agreements.cfm
Top Ten Considerations for US
Lenders When Lending to Foreign
Corporate Borrowers (Nov. 2014).
www.acc.com/legalresources/
publications/topten/lending-to-
foreign-corporate-borrowers.cfm
ACC HAS MORE MATERIAL
ON THIS SUBJECT ON OUR
WEBSITE. VISIT
WWW.ACC.COM,
WHERE YOU CAN BROWSE OUR
RESOURCES BY PRACTICE AREA
OR SEARCH BY KEYWORD.
HAVE A COMMENT ON THIS ARTICLE? VISIT ACC’S BLOG AT
WWW.INHOUSEACCESS.COM/ACC-DOCKET.
