It’s challenging for companies to understand and comply with ever-evolving privacy regulations, such as the many U.S. state-by-state data breach and consumer protection regulations like California CCPA/CPRA and international regulations like the GDPR. Understanding what data privacy regulations apply to your organization is the first step.
Privacy Risk Assessment
Navigating multifaceted and ever-evolving data privacy regulations can be challenging. A Privacy Risk Assessment or also called a Privacy Impact Assessment (PIA) is a process to ensure and enable privacy by design for your organization.
The PIA is an examination of how personally identifiable information (PII) is managed to ensure compliance with regulations that are relevant to your organization, assesses privacy risks linked to your information systems and operations, and provides strategies to address these privacy risks.
Also known as data mapping, for compliance involves systematically documenting and organizing an organization's data assets to ensure alignment with relevant laws and regulations. It includes details about types of data, legal justifications for processing, data retention, and third-party sharing, serving as a foundational step for regulatory compliance and effective data protection strategies.
US Data Privacy Regulations
In the absence of a federal data privacy law in the U.S., individual states have taken the initiative to enact legislation safeguarding consumer information collection and processing.
The California Consumer Privacy Act (CCPA) introduced the nation's first privacy regulation in 2018. Most states now have variations of state-specific regulations and data privacy laws. The Colorado Privacy Act (CPA) adopted a distinctive regulatory approach addressing both consumer rights and business needs.
Similarly, the Virginia Consumer Data Protection Act (VCDPA) establishes new consumer rights while implementing additional security and assessment requirements for businesses. The Utah Consumer Protection Act (UCPA) and Connecticut Data Privacy Act (CTDPA) present unique challenges for businesses navigating an expanding landscape of state privacy regulations.
Privacy Strategy & Management
Privacy practices involve multiple components and building a comprehensive privacy strategy is critical. Beyond just data collection and security protocols, privacy encompasses vendor management, staff training, and transparent communication of practices. By adopting a multi-faceted approach to privacy management, your organization can strengthen operations, foster trust with consumers, and distinguish itself in the market. This comprehensive strategy ensures coverage across all aspects of the business, promoting compliance and holistic privacy practices.
Often dense—but don’t need not be. Privacy notices are the first thing regulators review and should not be a cookie-cutter template but need to include the correct and applicable information. Your privacy notice should outline your organization's data processing practices and inform website visitors about what to expect, and include details on the types of personal data processed, the legal basis for such processing, and the sharing of data with third parties.
International Data Privacy Regulations
International data security and privacy regulations include the European Union’s General Data Protection Regulation (GDPR), Canada’s Personal Information Protection & Electronic Documents Act (PIPEDA) and Consumer Privacy Protection Act (CPPA), Brazil’s General Law for the Protection of Personal Data (LGPD), Singapore’s Personal Data Protection Act (PDPA), New Zealand Privacy Act, and India’s Digital Personal Data Protection (DPDP) Act. The Data Protection Act 2018 (DPA 2018) is the UK's implementation of the General Data Protection Regulation (GDPR).
These are just some of the data security and privacy regulations around the globe. The U.S. Department of Commerce has launched the Data Privacy Framework (DPF) program website, for U.S. companies to comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and EU law for cross-border personal data transfers. Additionally, a Data Protection Impact Assessment (DPIA) is a crucial element for GDPR compliance, focusing on identifying and mitigating risks associated with personal data processing.
The Clarus Tech Partners’ team helps companies navigate these complex U.S. and global data security and privacy requirements. We take a holistic approach specific for your organization – assess your requirements and regulatory obligations and risk exposure then establish a compliance strategy to meeting your state, federal and international data security laws and regulations.
We assist clients in:
Identifying applicable privacy laws
Creating privacy practices that set businesses apart from competitors
Designing functional and user-friendly privacy notices
Optimizing data collection and sharing practices for regulatory compliance
Safeguarding individual rights without hindering business processes
Providing comprehensive staff training on privacy fundamentals
Offering support to your legal, technical and marketing professionals in understanding ethical practices for collecting, handling, and using personal data