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internationallawsection.org                                                       Thursday, May 31, 2018
The International Law Section Gazette
Section News
Great Success for the ILS Retreat!

The Florida Bar International Law Section Annual Meeting was a great success!

The program featured the Section's Executive Council Meeting; the famous ILS Talks and many opportunities for fun and networking.
 
The Executive Council Meeting featured important moments. The Section established an Asia Committee and a Human Rights Committee, for an initial probationary period of one year. A lot of enthusiasm surrounds the two new committees with many Section members who have decided to join. Contact information for the two committees is forthcoming. 

Jim Meyer was elected as the new Section's Treasurer, and the Section's board is now composed of the following members:

Chair: Carlos F. Osorio
Chair-Elect: Clarissa Rodriguez
Secretary: Robert J. Becerra
Treasurer: James Meyer

THANK YOU to Arnie Lacayo for his devoted effort and great leadership as the Section's Chair in the 2017-2018 cycle.

Andres Sandoval and Fabio Giallanza were elected in the Section's Executive Council.

The year ahead presents new exciting activities: the ILS will again fly a delegation of members to Cuba; iLaw 2019 is already in the works and new partnership agreements with foreign bar organizations are being discussed. 


ILS Gazette - Call for Co-Editor

The ILS is looking to add a Co-Editor to its weekly Gazette. The Co-Editor will work alongside the Editor to assemble the weekly Gazette and on its projected re-design. 

 

If interested, please contact the Editor, Fabio Giallanza (fgiallanza@lawjsh.com) with a few lines on your background, experience and on your interest in the Gazette.

ILS Journey to Cuba - October 19-22, 2018

Do not miss the ILS exchange mission to Cuba, October 19-22, 2018. For more information, read below from Jim Meyer, Treasurer of the Section and Co-Chair of the Cuba Committee. 
  
"As a fellow member of the International Law Section of the Florida Bar, I am pleased to invite each of you to visit Cuba from October 19th through the 22nd as part of our Section's envoy for a professional and cultural exchange with the lawyers, professionals and people of Cuba.   Our group promises to include several prominent members of our profession and communities from both here in Florida and in Havana, and will include high-level discussions regarding current legal and economic issues in connection with US and Cuba relations, commercial matters and human rights.  
 
Please do not confuse our visit to Cuba with another CLE program that is currently being marketed to our members by a third-party. To be clear, our program is a full agenda program by an OFAC licensed operator which will not include any tourism activities (which are still restricted under US law) but which will almost certainly be a much more rewarding experience, as have been our Section's three prior visits to Cuba.  
 
For more information, please see the attached brochure and application, which you should return directly to Cuba Cultural Travel together with your deposit.   Please do so at your very earliest convenience, as the number of available spaces in our group are limited and filling-up fast. "

Registration details are available on the event's brochure.
Minutes from ICE Chief Counsel Meeting

Patricia Castillo Flanagan represented the ILS Liaison Committee at a meeting with Adis Cano, Assistant Chief Counsel of ICE r egarding current policy and procedures The Office of the Chief Counsel represents the government in deportation and removal proceedings.  Other members of the Chief Counsel's staff present were present as well as the President of AILA South Florida, Sui Chung. Minutes of the meeting can be found here.
From Our Members
Top 10 GDPR Compliance Tips

Submitted by Richard Montes De Oca - Managing Partner, MDO Partners
With the European Union (EU) General Data Protection Regulation (GDPR) effective as of May 25, 2018, companies all over the world are updating their privacy policies and taking other measures to ensure they comply with this important new law. Even if your operations are not in the EU, your company may be subject to GDPR if you collect, store and/or transfer personal data of individuals in the EU. Failure to comply with GDPR may subject your company to fines equal to 4% of global revenue. Below are ten helpful GDPR compliance tips that companies should adopt to help comply with GDPR and minimize risk, fines and penalties.
 
1) Document the "Personal Data" You Collect
 
Under the GDPR, "personal data" means "any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier" (e.g. date of birth, email, home address, identification numbers, etc.). Companies should document what type of personal data they collect, where it originated and who they share it with. 
 
2) Identify the Purpose of your Data Collection
 
The GDPR requires companies to have a lawful and specific purpose for collecting personal data. Moreover, they must provide information about why they collect the personal data of individuals. As such, companies must have detailed explanations about why such personal data is being collected and be prepared to disclose it in their privacy policy or upon request. 
 
3) Determine and Disclose How Data is Stored
 
All companies subject to the GDPR are required to disclose to individuals how they store the personal data collected. For that reason, and for cybersecurity reasons, it is advisable that every company select the most appropriate data storage option for their business, whether on a company's server or with a third-party data storage provider. The key is to disclose it and explain how this decision was made.
 
4) Issue a Clear and Concise Privacy Notice
            
Companies need to explain how they are complying with the GDPR. The best way to communicate such compliance is by issuing a clear and concise Privacy Notice to the individuals whose personal data it collects. The Privacy Notice should address:
  • What is the GDPR;
  • Why it applies to your company;
  • What measures your company is taking to comply; and
  • How can the individual contact you with questions. 
 
5) Update your Privacy Policy
 
The privacy policy is the cornerstone of a company's privacy compliance program. Companies should update their privacy policy to ensure it satisfies the key elements of the GDPR. Specifically, the policy should indicate the specific purpose for which personal data is collected, as well as how such data is stored and used. Companies must ensure that individuals accept the terms of the privacy policy. 
 
6) Obtain Consents and Permit Withdraw 
 
The GDPR requires companies to secure specific consent from individuals regarding the collection, use and transfer of their personal data. It also provides them with an explicit right to withdraw such consent. Accordingly, companies must provide the mechanism for obtaining and documenting such consents. Further, you need to ensure individuals are provided with an opportunity to withdraw his/her consent for the company at any time they collect personal data. 
 
7) Deliver GDPR Training
 
Training is a critical component to any effective compliance program. With the changes to the privacy policies and procedures under the GDPR, it is important for companies to train their key personnel to ensure they will abide with the new protocols designed to comply with GDPR. Companies should invest the time and resources to prepare and deliver thorough training on key privacy policies and procedures to employees. 
 
8) Prepare to Honor Privacy Rights
 
Under the GDPR, individuals have broader rights over their personal data stored by a company. As such, companies should be prepared to respond to individuals who exercise such rights, including the right to have their personal data deleted, corrected, and transferred, and the right to object to profiling regarding. If applicable, companies may need binding corporate rules for organizations to lawfully transfer personal data outside of the EU. In addition, companies must provide the contact information for the person responsible for data collection and storage in the company.
 
9) Maintain Records of Compliance Efforts 
 
The GDPR imposes serious fines on companies that fail to comply the law's requirements. For that reason, companies should maintain adequate records of their compliance efforts, including any updates to policies and procedures, logs of trainings delivered, investigations and reporting of data breaches. Doing so, will strengthen a company's defense in the event an individual or government agency challenges your compliance with the GDPR or the adequacy of your privacy compliance program. 

10) Establish Data Breach Response Procedures
 
The GDPR requires companies to report certain data breaches to the Information Commissioner's Office (ICO) after becoming aware of a breach, and in some cases may be required to notify individuals. To address these requirements, companies should establish data breach response procedures to help detect, report and investigate data breaches. Failure to report such breaches can result in fines, penalties and other liability.

Upcoming Events
May 23, 2018
In celebration of Asian Pacific American Heritage Month, White & Case LLP, the Asian Pacific American Bar Association of South Florida and the South Asian Bar Association of Florida are hosting a reception on May 23 between 5:30pm to 8:00pm at the Miami office of White & Case, 200 South Biscayne Boulevard, Suite 4900, Miami, FL 33131. The featured speaker is Professor M. Evelina Galang, Director of MFA Creative Writing at the University of Miami and noted author.  Please RSVP by emailing  epadilla@whitecase.com

June 5-6, 2018
The German Bar Association (DAV) will be hosting its first International Bar Leaders Symposium on June 5th and 6th in the historic city of Heidelberg, Germany. Don't miss this chance to benefit from inspiring presentations and to engage in a fruitful dialogue with legal professionals and experts from all over the world.

June 14, 2018
An interesting panel on international mediation will be held at the Florida Bar Convention in Orlando, on  June 14 at the Hilton Orlando Bonnet Creek, Florida Ballroom G,  from 4:00 - 5:30. The panel will discuss the Singapore Convention. See details below.

What is the Singapore Convention and What Could This Mean for Your International Arbitration Practice
UNCITRAL is moving forward with a Convention and Model Law for the international recognition of mediated settlement-agreements. Most of your multi-national clients are already mediating their domestic litigation. What is their perspective on the mediation of cross border disputes and how can you adjust your practice to meet your client's needs in this new environment. Join us to hear from experts on the Singapore Convention as well as in house counsel to discuss this significant development in cross border dispute resolution.

Panelists
Effie Silva, Partner, Duane Morris, Moderator
Sonia Zeledon, Regional Counsel-Americas, Business Integrity Group at Nokia Corporation
Leon Skornicki, Legal Counsel, Visa, Inc.
Stacie L. Strong, Manley O. Hudson Professor of Law, University of Missouri
Timothy Schnabel, Attorney Advisor, U.S. Department of State

October 7-12, 2018
The International Bar Association will hold its annual conference in Rome, Italy. To receive further information and registration details visit:  https://www.ibanet.org/Form/EmailValidation/Default.aspx?CaptureFormUid=ebe7bef3-a177-4329-82b2-5add24951e35 

Winter 2018 ILQ
International Law Quarterly (ILQ)
The  Winter 2018 ILQ -  Focus on International Aspects of Maritime, Admiralty, and Transportation Law  is now available to view and download here.





Visit our Sponsors                                             
ILS thanks its sponsors for the 2017-2018 cycle
 

In light of what we accomplished this past year, we hope you will continue to support the Section as a sponsor. In 2016-2017, various firms, companies and suppliers sponsored the Section. We look forward to another year of innovative programs where we can advance international law and further promote our sponsors. To learn more, read the Section's sponsorship package. You can also c ontact our Treasurer, Robert Becerra at rbecerra@rjbecerralaw.com  for more details.



  Become a Sponsor for the 2017-2018 Cycle
The ILS Gazette

Editor: Fabio Giallanza

Chair: Carlos F. Osorio
Immediate Past Chair: Arnoldo B. Lacayo
Chair-Elect:  Clarissa Rodriguez
Secretary:  Robert J. Becerra
Treasurer: James Meyer