Legal Memo For Data Privacy Compliance
Description
Module 7 Graded Case Study A publicly-traded automobile company, LuckyStars Auto, Inc. (LSA), based in Boston, Massachusetts, does business in all 50 states; and in addition to its U.S. manufacturing plants, it has manufacturing plants in Germany, Japan, and India. LSA’s CEO recently fired the company’s Chief Compliance Officer because the CCO failed to notify the CEO about the GDPR and develop a plan of action for compliance. The CEO hired you yesterday to get the company caught up, quickly. Your manufacturing plants in Germany are owned by a subsidiary of LSA, LuckyStars GmBH (LSG). The manufacturing plants distribute cars to individuals in Germany, France, and Switzerland. Your manufacturing plants in India and Japan distribute cars locally in those countries. As part of your business, you also offer financing to people in the U.S. and where you manufacture and distribute your automobiles. All of the information that you receive from individual consumers — their account information, credit history, purchase information, as well as demographic history — is available to individuals in your Boston, MA headquarters, but the servers are maintained in Toronto, Canada. You maintain a standard privacy policy. In your privacy policy, which you provide at the time people enter into contracts, you tell individuals that you maintain their data and might sell their data to third parties who might market to them, but that they can opt out at any time. You do not tell them that you also use certain third-parties to maintain their information through certain cloud-based databases. What do you need to do to become GDPR compliant? What further information do you think is important, and why, in order to provide a full picture? Additionally, your CEO is unsure if you have any additional compliance obligations in Japan and India, and would like an assessment of what your obligations are. Format guidance: Your memo should be between 5-10 pages long, double-spaced 12 point Times New Roman font, with 1 inch margins. If you must quote legal language extensively, please do so in an appendix that will not count toward the page length. Please follow the rubric provided in the syllabus for further guidance.
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