GDPR: The Right to Be Forgotten vs. Legitimate Interest
The European General Data Protection Regulation (GDPR) goes into effect next month on May 25. Attracting much attention is the "right to be forgotten" (RTBF) concept, which requires that data processors erase personal data "where the data subject objects to legitimate interest-based processing and the controller does not have an overriding legitimate interest."
In most cases, the legitimate interest of the data processor over the privacy rights of the data subject will be hard to prove, but with regard to software and IP developers who control the legitimate use of their products via license compliance programs, there may be a compelling reason to collect and process the data of those who download the IP, agree to the licensing terms, and use the product. Unauthorized use and use of counterfeit licenses is illegal and any data collected on illegal use may be important for protecting the rights of the IP owner, as well as for protecting the rights of legitimate licensees from unfair competition in the marketplace.
New Administration's China Trade Tariffs: U.S. Government Takes Steps to Address IP Piracy Problem
The Trump administration announced new trade tariffs against China in March, claiming that the President is "standing up for American innovation." It is unclear at this point whether in the end the U.S. or China will win a trade war, or how greatly the effects of this war on the Chinese economy will curb the country's aggressive private as well as government sponsored IP theft practices.
Expert advice encourages companies not to wait for the government to solve these problems. Take proactive measures to protect your valuable IP and ensure that your loyal paying customers are not undermined in the marketplace by competitors who don't pay for their software tools. SmartFlow offers a free piracy report to help you understand if you are already a victim. You can also download our free Five Dos and Don'ts for Protecting Your Software From Piracy. Our experts are always happy to provide you with more tips from experts in the field on ways to protect your software IP and answer your questions.