Every business that has an on-line presence – whether through a web site, social media or otherwise – must be conscious of privacy and security requirements that apply to sensitive customer data that the business receives. The recent California Consumer Privacy Act (CCPA) and the European General Data Protection Regulation (GDPR) are examples of laws that place many obligations on businesses that possess personal information of consumers. California also has many other privacy and data protection laws on the books including the "Shine the Light" information-sharing disclosure law, and the Online Privacy Protection Act, among many others. There are also several important Federal privacy laws that affect California businesses such as the Children’s Online Privacy Protection Act (COPPA) and related Federal Trade Commission Rule.
The attorneys at Sierra IP Law are familiar with the ever evolving laws relating to privacy of consumer data, and provide advice and guidance to their business clients for compliance with the obligations and requirements imposed by these laws. Our attorneys help clients identify the kinds of data that are subject to the privacy laws, determine the clients intentions regarding the data, and then help the clients develop appropriate privacy policies and user licenses for their web sites. These include such things as making required disclosures, requesting consents from consumers, developing methods for responding to information requests from consumers, complying with data deletion requests, or “opt out” requests, and developing a plan in the event of a data breach. The attorneys at Sierra IP Law work with both management and technical personnel of their clients in developing and implementing policies and procedures to comply with these privacy laws.
For large entities which obtain personal information about individuals in the European Union, the attorneys at Sierra IP Law assist these entities with GDPR compliance, which may include establishing a Data Controller, Data Protection Officer (DPO), Data Processor, Technical and Organizational Measures (TOM), Privacy Impact Assessment (PIA) and/or Data Protection Impact Assessment (DPIA) and implementing a consumer’s right to be forgotten.
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