Blockchain’s Immutability is in Conflict With GDPR’s “Right to be Forgotten”!

09 October 2018 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

Legaltechnews reported about the French’s Commission Nationale de l’informatique et des Libertés (CNIL) guidance on Blockchain regarding the “right to be forgotten” since “…private blockchains can be managed and controlled, public blockchains are a free-for-all that will likely pose an ongoing challenge for CNIL and other EU regulators.”  The October 5, 2018 report entitled “France’s Regulatory Guidance on GDPR, Blockchain Leaves More Questions Than Answers” about the September 2018 Blockchain report including these comments about GDPR and data controllers:

CNIL declared that users who interact with blockchain ledgers for professional or commercial purposes, such as sending funds through a blockchain to pay for a service, can be classified as data controllers.

Under the GDPR, data controllers are entities that must determine the purposes for which personal data is processed, and they have a responsibility to ensure such processing complies with EU regulations and is done in a secure fashion.

Controllers also must issue binding contracts to data processors with instructions on how to process their information.

Normally, data services, such as social media platforms, decide and publicly disclose how they will process their users’ data instead of having each user contractually dictate how their data is to be managed.

Allowing users to run the show, after all, likely creates operational burdens, not in the least because of the sheer amount of contracts needed.

Stay tuned to see how other EU states speak out about Blockchain.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Authors

Related Services

Insights

Hatch Comments on DNC-Related Construction Projects in Milwaukee
14 June 2019
Milwaukee Business Journal
Bernard Quoted on Debt-Relief Settlement with ITT Tech Lender
14 June 2019
Wall Street Journal
Dodd and Daughter Profiled in Wisconsin Golf
13 June 2019
Wisconsin Golf
Brinckerhoff Comments on SCOTUS Ruling in Patent Case
11 June 2019
Intellectual Property Magazine
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
2019 NDI Executive Exchange
14-15 November 2019
Chicago, IL
Association for Corporate Counsel Annual Meeting 2019
27-30 October 2019
Phoenix, AZ
Foley's Government Contracts Annual Update
16 October 2019
Liviona, MI