George and Dargan in Texas Press Messenger: Deep in the Heart of Data

February 05, 2024

Haynes and Boone, LLP Partner Gavin George and Associate Mallika Dargan authored an article for the Texas Press Messenger on The European Union’s (EU) General Data Protection Regulation's (GDPR) ‘right to be forgotten’ and its applicability to Texas newspapers.

Read an excerpt below:

The European Union’s (EU) General Data Protection Regulation (GDPR) is a comprehensive data privacy and security law that imposes an array of obligations onto organizations that target the European market and collect personal data related to people residing in the EU. Article 17 of the GDPR, also known as the “right to be forgotten,” is one of its key provisions, allowing EU individuals to request that organizations delete their personal data if they no longer want it to be held and processed.

For organizations with locations in the EU, application of the GDPR is straightforward. However, questions frequently arise when U.S.-based businesses consider if and how the GDPR’s “right to be forgotten” applies outside of the EU. This article explores the nuances of the “right to be forgotten” and its specific implications for Texas-based newspapers.

Geographic Scope of the GDPR
While the GDPR is a European regulation passed into the laws of the EU member states and the United Kingdom, its reach purports to extend beyond the borders of the EU, impacting any organization that processes the personal data of EU residents. In the context of Texas-based newspapers, this means that, regardless of the location of their offices, such newspapers could fall
into the scope of the GDPR’s regulatory language if they collect, store, or process the personal information of EU residents in a “targeted” manner.

“Targeting” can be established, for example, if a newspaper derives substantial revenue from digital subscriptions in Europe, offers content in European languages, or hosts targeted advertisements aimed at EU readers on its website.

To read the full article in the Texas Press Messenger, click here.

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