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“We use AI with customer data on two continents. What applies?”

Privacy and AI regulation across borders

A company with users in Europe and operations in Florida answers to several regimes at once: the GDPR, the EU AI Act with its revised timetable, and a patchwork of U.S. state privacy laws that keeps growing. Years inside the largest technology platforms taught one rule that still holds: map the data flows first, then the law. The map is the document regulators ask for, the document that decides a dispute, and the document most companies do not have.

Typical situations

  • An automated decision — scoring, deactivation, pricing — that a European regulator may read as GDPR Article 22
  • An AI product launched in the U.S. that now needs an EU AI Act classification before the next deadline
  • A regulator's letter, a data-subject complaint or a platform dispute over content and account decisions

Scope of work

  • Data-flow mapping and a jurisdiction-by-jurisdiction compliance plan for GDPR, the EU AI Act and U.S. state laws
  • Responses to regulator inquiries and data-subject requests; coordination with local counsel in the EU
  • Content governance, intermediary liability and platform disputes — including proceedings before the European Court of Human Rights
  • Cross-border data transfer mechanisms and contracts with processors and partners

What decides the outcome

  • Where the data actually goes — not where the privacy policy says it goes
  • Whether a decision is “solely automated” and what a human review really consists of
  • Which regulator gets there first — and how the first answer shapes every later one

Questions clients ask

Does the EU AI Act apply to a U.S. company?

If the system's output is used in the EU or the system is placed on the EU market — often yes, regardless of where the company sits. The classification of the system decides what, and by when.

We received a letter from a European data protection authority. What first?

The deadline and the data map. The first answer sets the frame for the whole inquiry; it is written once the flows are understood, not before.

Is this compliance work or litigation?

Both, and in this order: the map and the plan prevent most disputes; when one comes anyway, the same map is the defense.

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