The experienced attorneys at Sierra IP Law, PC can assist your business with understanding and complying with modern digital privacy laws. Commerce is becoming more digital every day and your business must be ready to compete in the digital world without running afoul of data privacy regulations. It is imperative that businesses with online an presence (e.g., through websites, social media, online marketplaces, etc.) be aware of privacy laws and data security requirements. Contact our Bakersfield office for a free consultation with one of our attorneys.
In an era where data is the new currency, businesses must pay close attention to digital privacy laws. We assist businesses to navigate the complex landscape of data collection, personal information management, and compliance. This article provides an outline of digital privacy issues that should be considered by businesses that conduct business in the digital world and need to comply with digital privacy laws. For example, the California Consumer Privacy Act (CCPA) and the European General Data Protection Regulation (GDPR) are privacy laws that impose new obligations on the handling of consumer personal information in digital transactions.
While this article provides some information, we encourage you to contact our Bakersfield office and speak with one of our attorneys. More comprehensive and tailored guidance is needed in order to understand your business's data privacy compliance obligations.
Collection of personal data is often the first point of interaction between a business and a consumer. It's crucial to know what data you can collect and how to store it securely to comply with data privacy laws. Our attorneys can assist your business with determining the relevant and appropriate steps, including required disclosures that must be made to a consumer sharing personal information, requesting the proper consents from the consumer, proper responses to information requests from the consumer, handling requests for data deletion, proper handling of “opt out” requests, and developing a data breach mitigation plan.
Businesses often collect both personal information and personal data. Understanding the legal distinctions between these two types of information is crucial for compliance.
Many local businesses are unaware of their obligations under the CCPA. This law provides guidelines on data collection and consumer rights, specifically for California residents. For-profit businesses that conduct business in California may be subject to the requirements of the CCPA if they have gross revenue of over twenty-five (25) million dollars, conduct data transactions of personal information of at least 100,000 California consumers, or fifty percent of their revenue is generated from sales of personal information of California residents. If your business meets one of these criteria, it would be subject to the requirements of the CCPA.
California residents are entitled to request full disclosure of their personal data from a business subject to the CCPA under the "Right to Know" provisions of the law. The data includes:
The categories and instances of personal information in the business's possession,
The sources from which your personal information originates,
The business's reasons for collecting the personal data and the its use thereof,
The types of third party entities with whom the personal data was shared, and
The categories of the information that are sold or disclosed to third parties.
A consumer has the authority to ask businesses subject to the CCPA to erase their personal information. Additionally, the consumer can instruct them to direct their service providers to do the same. However, there are exceptions, such as legal requirements that may necessitate the retention of the personal data.
Consumers can also instruct businesses to cease the sale or sharing of their personal information. This is commonly known as the 'Opt-Out' right. Once a business receives your opt-out request, they are prohibited from selling or sharing the consumer's personal information without the consumer's future consent.
A business subject to CCPA must correct inaccurate personal information at the request of the consumer. Accurate data is crucial for both the consumer and the businesses with which they interact.
The use and disclosure of a consumer's sensitive personal information collected by a business can be restricted upon request. This includes highly sensitive data like social security numbers, financial information, precise geolocation, or genetic information. Limiting the use of this data ensures it's only utilized for essential services you've requested.
If your business targets children under 13, compliance with the Children's Online Privacy Protection Act (COPPA) is mandatory. Failure to do so can result in severe penalties.
Understanding consumer privacy rights is essential for any business. These rights often include the ability to access, correct, and delete personal data. Consumer data privacy extends beyond legal compliance; it's a matter of corporate responsibility. Businesses must be transparent about how they use consumer data and take steps to protect it.
Implementing robust data security measures is not just good practice; it's often legally required. Businesses must take proactive steps to protect customer data from breaches.
Certain types of data, such as financial or health information, are considered sensitive and require additional protective measures under the law.
If your business operates internationally, compliance with global data privacy laws like the GDPR is essential. Understanding these laws is crucial for international business operations.
Data security is a continuous effort that requires regular updates and monitoring. Businesses should implement a robust data security strategy to protect against unauthorized access and data breaches.
Data breaches can have devastating consequences for businesses, including legal penalties and loss of customer trust. Knowing how to prevent and respond to data breaches is crucial for compliance and reputation management.
Non-compliance with digital privacy laws can result in severe penalties, including fines and legal action. Businesses must stay updated on the latest legal requirements to avoid these consequences.
If your company needs assistance with determining how to comply with digital privacy laws, contact our Bakersfield office to discuss your business situation with one of our attorneys. Our attorneys are skilled in privacy law compliance and will work with you to create compliance plan that serves your company's interests. We can provide invaluable assistance in ensuring that your business is compliant with the relevant digital privacy laws. From drafting privacy policies to advising on data breach responses, our team's legal expertise is an essential tool for your business.
Addressing digital and data privacy issues can be complex, which can be intimidating and tempt you to put off addressing your company's situation. Unfortunately, all too often, legal issues arise expectedly and the delay in implementing a strategy for addressing digital and data privacy matters can have significant financial, legal, and business consequences. Connect our Bakersfield office today to protect your company's interests. We look forward to speaking with you.
For further guidance on complying with digital privacy laws, consider the following resources:
California Privacy Protection Act Compliance Checklist
COPPA Compliance Guide
Global Data Privacy Laws for Businesses
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