You Are Making Promises in Your Privacy Policy – False or Misleading Statements Can Lead to the Payment of Damages

A new privacy law signed last month is a reminder that data protection and privacy are not just issues for companies who must comply with the EU’s General Data Protection Regulation (GDPR). In the United States, regulators at the state level are turning their attention to companies who collect and use personal information – and they are putting in place their own rules about how it should be protected and managed responsibly. A newly signed Oregon law is an example of how states are moving towards interpreting unfair competition laws to cover statements make in a privacy policy. This trend has been seen in many states. California, Connecticut,…

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The Countdown Is On – One Year to GDPR & SMEs Lag In Competitiveness and Compliance

This week marks exactly one year until EU individuals will have new rights with respect to how all businesses must protect personal data. Whether a particular business is big or small, based in the EU or based in the US, each must fully comply with the game-changing General Data Protection Regulation (GDPR). GDPR took center stage in Berlin recently, when policymakers, businesses, and regulators from 20 countries met in Berlin at the 7th annual European Data Protection Days conference. Nearly every speaker emphasized the challenges the regulation raises for small and medium sized companies (SMEs) and the critical need for those companies to comply. Companies of all sizes…

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Massive Campaign To Inform EU Citizens about Their Data Rights Is Coming: Plan To Respond to an Informed & Active Citizenry

Companies collecting data from European citizens take note: a “massive” campaign has just been announced to inform consumers about their new rights under the General Data Protection Regulation (GDPR). The goal of the initiative is to better inform individuals about the rights afforded them by the new regulation that comes fully into effect in May 2018. While companies prepare to comply, it is clear that the lead commissioner charged with overhauling data protection laws – Věra Jourová, Commissioner for Justice, Consumers and Gender Equality — intends to ensure that data protection reform is thoroughly and meaningfully implemented. As part of that enormous task, she begins by ensuring that…

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The Genesis for Achieved Compliance & PrivacyMinder™

I admit that, for many years I’d been skeptical about privacy and data protection regulation as too prescriptive and intrusive – as making too many demands on those who don’t have the benefit of extensive compliance staffs and well-funded resources. But after working with clients – companies like yours – I now am convinced that data protection and responsible data management are critical not only to legal compliance, but to business success. I believe that companies that take the steps necessary to meet the requirements of regulations like the General Data Protection Regulation (GDPR), the expectations of the U.S. Federal Trade Commission, or agreements like the Privacy Shield…

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