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In the United States, there is no single federal statute governing data privacy. However, the Federal Trade Commission Act (FTC Act) has wide latitude over commercial entities to combat unfair or “deceptive trade practices.”
The California Consumer Privacy Act (CCPA) is a multi-sectoral law that establishes important definitions and extensive individual consumer rights, as well as imposes significant obligations on companies or individuals who gather private information regarding or from California residents.
General Data Protection Regulation (GDPR) includes the EU’s data privacy and security law. According to the guidelines, an entity must alert visitors about the data it gathers and must expressly consent to that data collection by pressing an “Agree” button or taking another action.
Data mapping ensures that everyone in the company recognizes how, where, and to whom data flows. It can be a critical first step and audit function to safeguard data privacy.
Internal processes and regulations aim to prevent and identify infractions of relevant legislation, and ethical values by personnel, agents, and others referred to as corporate compliance. Internal controls and legal risk management are involved.
Extensive security measures should be taken to ensure that there is no data breach. In the event that data has been breached, appropriate steps should be taken as a response.
Uncommon Counsel provides a full range of services to recognize, resolve, and react to statutory, procedural, contractual, and practical data privacy responsibilities.
If either your organization is facing uncertainty due to complex federal and provincial privacy and internet security specifications, or you need preemptive guidance to ensure your firm’s data stays private, professional legal counsel can help.
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