Data Privacy Law and Compliance
Data privacy law is a growing and important area of legal compliance for online businesses collecting consumer and personal information. Names, email addresses, IP addresses, addresses, location data, IMEIs, and other personal information are stored constantly online and are subject to state, federal, and foreign data privacy laws. What third parties are you sharing your clients’ personal information with and are you disclosing that in your privacy policy? Is your company protecting and maintaining personal information in compliance the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or Colorado Privacy Act set to go into effect in 2023? As a business, what obligations do you have to your customers in the event of a data privacy breach where personal information has been stolen? Make sure you retain experienced privacy law attorneys who can help you navigate the laws and regulations applicable to your online business.
Liability for data privacy breaches may result in a heavy fine or civil lawsuits for violators. It is important to maintain compliance with the various data privacy laws and adhere to the disclosures in your privacy policy to avoid unwanted attention from a regulatory body such as the European Union, Federal Trade Commission, Colorado or other state attorney general offices for data privacy law violations.
General Data Protection Regulation (GDPR)
The GDPR intended to harmonize data privacy laws across all the EU as well as providing greater privacy rights to internet users. The GDPR also developed a framework for how businesses and other organizations manage the personal information of customers. Violators of the GDPR face significant fines and reputational damage for companies to be found in breach of the rules.
California Consumer Privacy Act
The CCPA does for the State of California what the GDPR does for the EU. While the rules are slightly different, the general understanding is the same in that the law outlines how companies need to manage and protect personal information for consumers. This law strengthens the protections consumers have when a breach of personal data has occurred and imposes a duty on companies and organizations to take protection of personal data seriously.
Colorado Privacy Act
The Colorado Privacy Act was passed by the Colorado state legislature in 2021 and is set to go into effect in 2023. Focused on consumers, the law attempts to provide civil remedies and enforcement against businesses that breach or violate the privacy of Colorado residents. Our Denver, Colorado privacy law attorneys can provide legal consultation on the Colorado specific consumer privacy law as well as privacy law generally including the GDPR which is one of the strictest laws online businesses may need to consider.
Privacy Law FAQ
It depends. What kind of information do you collect from your users? Are you running an e-commerce website? If so you probably need a privacy policy to comply with various state privacy laws including California’s CCPA and the EU GDPR.
Possibly. Who are your users? Are you telling them whom you are sharing and selling their personal information? It is important to be transparent as to whom you are selling or sharing any personal information with that your website is collecting.
Does your online business collect and maintain personal information from residents of the European Union (EU)? If yes, you might need to make sure their information is properly managed in compliance with the EU regulation. The law is general as to who it applies to and fines for non-compliance are substantial. Having established privacy policies and personal information management practices are important for proper compliance.
