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GDPR Compliance Counsel for U.S. Technology Companies

The Legal Problem

EU Regulation 2016/679 (General Data Protection Regulation, GDPR) applies to U.S. technology companies that process personal data of EU residents in connection with offering goods or services to those residents or monitoring their behavior within the EU. For automotive technology companies, IoT manufacturers, and connected device developers with EU market presence, GDPR compliance is not optional — and enforcement has been substantial, with fines exceeding four percent of global annual turnover for serious violations.

Automotive telematics presents specific challenges. Vehicle location, driving behavior, biometric characteristics from driver monitoring systems, and connectivity data are all potentially personal data under GDPR. The legal basis for processing, the data minimization principle, and the technical and organizational security measures required all interact with product architecture decisions that are difficult and expensive to change after the design is frozen.

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guibert.law Insight

Privacy-by-design is a GDPR legal obligation under Article 25, not merely a best practice. Data protection by design and by default requires that technical and organizational measures are integrated into the processing activity from the earliest design stages. For embedded and connected device manufacturers, this means that data minimization, storage limitation, and purpose limitation must be addressed at the system architecture level, not at the compliance layer added after the product is built.

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