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Legal Considerations In Technology: Data Privacy And Protection

Legal Considerations In Technology: Data Privacy And Protection

Legal Considerations In Technology: Data Privacy And Protection – “Data privacy is not about my organization.” “I don’t have enough users to care about data privacy.” “No one cares about the data I store. Such announcements are made all the time. Organizations often view data privacy as an afterthought – but this way of thinking carries significant risks. As consumers become more aware of their data privacy rights, governments continue to respond. The EU’s General Data Protection Regulation (GDPR) is probably the most well-known data privacy law, due to its implementation in 2018 and its widespread implications. But similar laws — such as California’s Consumer Privacy Act (CCPA), Brazil’s 2020 National Privacy Act and New York’s SHIELD Act — have all followed in GDPR’s footsteps. It is worth noting that these rules apply to the largest economy in the world. For any company to succeed in this environment, it must understand its obligations under international and domestic laws, including the risks of non-compliance. Privacy laws about your company’s commitment to data privacy give individuals control over the information that organizations collect, including how they use that information. Under these laws, entities must understand the data they have, why they have it, and how it is used. Lower limit? Governments and consumers are asking companies to respect individuals’ personal data. And while this is a reasonable request, its implementation can be a different story. In part, this is because organizations process more data than they realize under privacy laws. For example, under the GDPR, personal data includes any information that can be used to identify an individual, either alone or in combination with other data items. So if you’re just collecting the username of your email list, you’re under the law. In addition, organizations subject to multiple data privacy laws are also responsible for the process of their data suppliers. Example: Let’s say you integrate an analytics tool with your website (think Google Analytics). When Alatka processes IP addresses or locations, you are responsible for ensuring that they are processed lawfully. If your company runs a high-traffic website with many integrated services, quantifying that data can be difficult—especially if several team members have authority to process the data. Depending on your jurisdiction, simply copying an email from a business card into your CRM is considered “data processing” under the GDPR. Consequences of non-compliance What happens if you do not comply with data privacy laws? You are opening yourself up to bad consequences. Download Image Here Financial Penalties Organizations that do not comply with data privacy laws can face significant fines. European data protection authorities can impose fines of up to €20 million or 4% of the organization’s annual revenue for the previous year – whichever is greater, depending on the nature and severity of your breach. Larger penalties are imposed on companies that do not respect users’ data rights, do not protect the personal data they collect or transfer personal data to individuals who do not provide adequate protection. Repeated offenses and negligence mean increased penalties. Organizations can also face significant financial consequences as plaintiffs file lawsuits alleging damages from illegal information practices. And if you have many customers, these costs can be high. Reputation Damage Today’s consumers are more educated (and more concerned) than ever about their personal data. They appreciate companies that take data security seriously and will carefully review the company’s data privacy policy to understand how personal data is used. In fact, according to Pev Research, 52% of Americans will not use a product or service when they are concerned about privacy. Organizations that lack data transparency risk developing a bad reputation. Customers may choose to spend their time and money elsewhere. Partners, vendors, and other organizations may be reluctant to work with you, especially if the partnership requires sharing personal information. Although difficult to quantify, a damaged reputation can represent a greater financial loss than a potential fine. Stopping the flow of data In extreme cases, data protection authorities can prevent organizations from fully processing personal data. If they find an error, the authority can impose a temporary or permanent ban, stop the collection or transfer of user data to that authority. Obviously, this can be a big blow to companies that base their business on data. For example, an ad network that relies on cookies to deliver ads will crash by stopping the flow of data and stop working. The National Institute of Statistics faced this particular problem last year, when Portugal’s data protection authority ordered the organization to suspend all international data transfers for 12 hours due to concerns about data transfers to the United States. Data Breach Your business is at risk of a data breach when you do not implement the necessary security measures to protect personal data. Most privacy laws require companies to establish safeguards and firewalls to ensure the protection of visitor information, including the collection, storage, processing, access, distribution, sharing and disposal of that data. Yes, you can experience a data breach even with the best security measures in place. However, implementing security controls for user data significantly reduces your chances, and you want to reduce your chances as much as possible. why Because according to IBM, if you experience a data breach, you can lose 38% of your business share. Your location doesn’t matter Here’s a misconception: A business’s location matters when it comes to data privacy laws. In fact, data privacy laws are usually international: companies must comply with the laws of their customers’ jurisdictions. For example, if you have a website from the United States and a European visits your website, you have an obligation to provide a service that complies with the European Union’s GDPR. If you don’t, EU data protection authorities can fine you and/or ban you from working in the EU. Therefore, your options include: creating systems and data flows that target the user’s location, or creating a single system for all users – one that meets the data privacy laws of all jurisdictions. (Spoiler: This option is a little expensive.) Finally, how does all this affect your organization? If your company has not taken steps to adhere to data privacy, you are now at risk. And the cost of ignoring data privacy (and not complying with relevant regulations) is too high to ignore. Reduce stress, future fines and a damaged reputation by complying now. Data privacy is a top priority for consumers, consumers and governments – it’s time you did too.

Are you in the process of updating your current privacy policy or creating a completely new one? Confused about what to include? Use this interactive checklist to help you.

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Matt Davies is an author who researches and writes about modern technology, law and business to raise awareness of today’s most important privacy issues. When not writing about data privacy, Matt explores Vermont with his dog Harper; playing the piano; and write short fiction.

Pdf) A Detail Survey Of Identified Privacy And Data Protection Issues For Learning Analytics

It is used by the most innovative and advanced companies to easily control and manage their privacy.

Creating, managing and improving your privacy plan becomes easy. Schedule a demo or try it free for 30 days today. A data breach can have devastating consequences for any business. The prospect of large fines and reputational damage is only the tip of the iceberg. If not dealt with quickly and carefully, a data breach can have other negative long-term effects on the business, hindering business recovery and market position.

But preparing for such a dire event can help minimize damage and speed up the recovery process if the worst happens.

I entered the IT industry when personal computers first appeared on the scene. The first IBM PC had just come off the shelves, and businesses that sent their data to a computerized central office were considering moving to an in-house solution for their accounts and payments.

Practical Law The Journal: Same Great Content, New Digital Format

When personal computers and local area networks became commonplace, the worst thing that could happen was not equipment failure, but the loss of important data, which could lead to a complete collapse of the business – and often it did!

You would think that a good data storage system would be the number 1 priority for any business. Unfortunately, many businesses have suffered the painful consequences of inadequate backup policies and procedures. Even some companies that backed up their data daily failed to store their backup tapes in a fireproof vault – or better yet – offsite. It’s no wonder that businesses that experienced a fire saw their data go up in smoke along with the building.

However, things have changed in our rapidly growing business world. Running a business today is very different from what it was in the 80s. The Internet has not only brought an ever-increasing choice of digital solutions

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