Privacy compliance is the new kid on the block.

The first regulation to shake things up was the GDPR. The CCPA followed not long after and now other states such as Illinois, Maine and Nevada are setting up house.

It won’t be long before most states have privacy laws, and smart companies are taking the hint.

In fact, most organizations realize managing security and privacy compliance today is a full time job. Large companies with even larger budgets are supporting the increasing security threats by hiring Chief Information Security Officers (CISOs). These roles have been around for a while and are becoming more and more frequent thanks to the rise of cyberthreats like malware, which increased 54 percent in 2018.

And for the mid-market and SMBs who need the same help – but don’t have the budget to pay for it –  Virtual Chief Information Security Officers (vCISOS) are the cost-effective answer. These top-tier security experts are paid on an as-needed basis.

What most people don’t know about vCISOS is that they’re only focused on protecting your data from bad characters and shady vendors. They aren’t responsible for privacy compliance, especially when it comes to the use and collection of data. 

This is a completely different side of privacy compliance vCISOS aren’t able to address. In fact, you’ll need a dedicated privacy compliance person for these tasks.

Enter the Fractional Privacy Officer.

Read more

The forewarned – and often dreaded – ripple effects of the GDPR are finally rolling in.

After the European law went into effect in May 2018, it kicked off a tidal wave of action. In fact, California enacted its California Consumer Privacy Act (CCPA) the same year and 24 states considered data privacy laws in 2019.

Vermont and South Carolina made minor updates to their laws. But Illinois, Maine and Nevada fully followed through on their promises to enact legislation, with the latter’s compliance deadline approaching rapidly.

But this is just the beginning

Read more
Facebook data privacy scandal

The recent Facebook data privacy scandal can teach businesses A LOT of important lessons about privacy.

Many feel Facebook got a slap on the wrist and didn’t learn its lesson after the Federal Trade Commission (FTC) penalized the social media giant $5 billion. 

The fine came as punishment for deceitful privacy practices in the Cambridge Analytica/Facebook scandal and other privacy breaches. Facebook settled a similar charge in 2011 with the FTC. It paid the fine, but went about doing pretty much the same thing: Breaking its privacy promises to users and to the FTC. 

Even though the fine is about 220 times larger than anything the FTC has imposed in similar cases, not everyone was impressed. The agency faced accusations of going light on Facebook. An irate FTC commissioner felt that this figure was so small that Facebook could still claim a profit on its crimes.

He was referring to Facebook’s stock that went up after news of the FTC’s record fine was announced.

The fine was only one part of the settlement that Facebook agreed to. The FTC “Order” also includes a new series of restrictions on the business to ensure compliance. These restrictions join a list of other procedures that provide privacy oversight. 

Here’s a complete list:

  • A dedicated privacy team that reviews new products
  • A separate board level privacy committee
  • Privacy audits
  • A privacy impact assessment for every new or updated product, service, or practice prior to implementation

In a statement the FTC wrote, “…if there are any deviations, they likely will be detected and remedied quickly.”

These restrictions provide companies with a blueprint of what the FTC will be looking for in privacy policies and procedures. With new privacy laws more common than not, companies would be wise to follow these best practices.

Will the FACEBOOK data privacy scandal set a precedent?

Marc Groman,  a privacy professional on the International Association of Privacy Professionals (IAPP) Board, used to work at the FTC.  

In 2015, Groman wrote on the IAPP site that he felt even though “…(FTC) settlements do not act as binding precedent for other companies,” companies shouldn’t ignore best privacy practices if they want to avoid being investigated. 

He recommends companies take a look at the FTC’s casebook which lists at least 180 privacy and data security enforcement actions taken by the FTC.

As the de facto U.S. privacy and data security regulator, the FTC has asked the House Energy and Commerce subcommittee during a May meeting for more resources. It would use these resources to police violations and to increase authority to impose penalties.

Privacy Laws Just Keep Coming

At the May meeting, the FTC also asked Congress to create a national privacy law that would regulate how tech giants like Facebook and Google gather, store, and share the personal data of users.

While the commission and the rest of the world waits for Congress to pass a comprehensive privacy law, many individual states are clamping down hard to protect their residents

The number of states with these types of data security laws has doubled since 2016. 

  • Nevada and Maine have followed in California’s 2018 footsteps by passing new privacy protections for consumers. 
  • Vermont in 2018 enacted a law that requires businesses that collect and sell or license personal information to third parties to disclose to individuals which data is being collected and to permit them to opt out.
  • Maine passed a law placing restrictions on how Internet service providers share Mainers’ personal information.
  • Nevada passed an amendment to its online privacy law. Businesses have to offer consumers a right to opt-out of the sale of their personal information. It will take effect on October 1, 2019.
  • New York, Washington and Texas each introduced similar bills to CCPA.
  • Other states with tough privacy laws are Utah, Delaware and Illinois.
  • According to the National Conference of State Legislatures, more than 100 privacy bills are currently pending in the states. 

Privacy. It’s a public concern. Don’t ignore it.

Privacy naysayers believe that the public has thrown up its hands in light of all the data breaches.

But in the wake of the Facebook gaffe, the public’s concern over data privacy is increasing. Believe it or not, Americans are more concerned about it than job creation and health care.

Here are a surveys and studies that indicate the public does care about privacy:

  • The National Telecommunications and Information Administration revealed that 45% of households said that loss of personal data control made them uneasy about sharing personal information while doing online banking, shopping or discussing controversial or political matters on social networks.
  • Another study done by Deloitte Insights found that 70% of consumers would be more likely to buy from a company that was verified by a third party as having high data privacy standards.

Data is a company’s most strategic and valuable asset. Protect it.

Know your data: you can’t protect what you don’t know.

That means create a data inventory. This should include every piece of information stored or processed by your company, both electronically and/or hard copies.

Remember, you can’t comply with any law if you don’t know what data you have.

You should also make sure you know who has access to your collected data. And tell third-party organizations they will be monitored and held responsible for how they use the data.

Finally, complete a gap assessment to show you how likely you are to have an information breach. If you do this annually, you’ll be able to identify any business activities that are in non-compliance to privacy regulations. 

Be the company that respects personal data

Customers will know you respect them when they see how transparent you are.

Twenty-page terms and conditions statements with data usage hidden for a single app download don’t cut it anymore.

  • Don’t hide security and privacy settings behind complex menus or bury them in Terms and Conditions. It looks suspicious. And more importantly, it frustrates customers. 
  • Allow your customers the option of opting out anytime they feel uncomfortable.
  • Be open with customers on how their data can potentially be used.
  • Inform customers if you’re considering selling their data.
  • Get explicit customer consent when applicable.
  • Put the customers in control. Provide flexibility in the types of data they are able to share. 

Conclusion: Be Proactive

The Facebook scandal has been so troubling because it highlights a massive transparency issue.

The lesson is to be proactive. 

Reevaluate your data practices. Communicate them clearly and transparently to your customers. Stick to your word. You’ll come out stronger on the other side.  

Don’t look at privacy laws as burdens. 

Complying with regulations such as the EU’s General Data Protection Regulation (GDPR) and the California Consumer Protection Act (CCPA), effective January 1, 2020, can actually help you mitigate risk and in the long run to increase your potential for a competitive advantage. 

Breaches cost more money than taking steps toward compliance.

If you’re having trouble navigating your way through the plethora of privacy-related laws and regulations we can help.  Schedule a consultation today

Schedule a consult with Red Clover Advisors.


OneTrust’s powerful suite of privacy management technology allows Red Clover Advisors to bring best in class technology and advisory services to serve small and middle market businesses

Red Clover Advisors, a national consulting firm advising businesses on operationalizing privacy as a competitive advantage, today announced a partnership with OneTrust, the largest and most widely used dedicated privacy management technology company. Red Clover Advisors can now provide further value to its clients through this partnership with OneTrust.  

“Global privacy compliance especially under the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) should be a key priority for organizations today,” said Red Clover Advisors CEO and Privacy Consultant Jodi Daniels. “Understanding how to start complying with privacy laws, building a sustainable foundation, and extracting value through good privacy practices are essential especially for small and middle market businesses. Our partnership with OneTrust enhances the services we provide to our clients.”    

Red Clover Advisors’ relationship with OneTrust will enable consultants to leverage the full OneTrust software platform including Assessment Automation (PIAs/DPIAs), Data Inventory Mapping, Cookie Consent and Website Scanning, Data Subject Requests/Consumer Rights Requests, Universal Consent Management and Incident & Breach Response..  

Since CCPA is coming in six months, now is the time for companies to get started understanding their readiness and begin their data mapping activities.  “Red Clover Advisors can use the OneTrust Assessment Automation to create a baseline for what a client’s next steps are per the law’s requirements. The Data Mapping tool will help companies document in a central repository the data elements, flow of data through the organization, security measures and any identified risks” said Ms. Daniels. “Compliance with CCPA and GDPR also requires ongoing maintenance such as updates to the data inventories. OneTrust’s software makes it simple to use assessments to identify any updates necessary and changes can easily be made in the data mapping module.” 

“Together with Red Clover Advisors we can help their clients address challenges, mitigate risks and create a foundation for privacy compliance,” said Alex Anderson, Business Development at OneTrust. “This partnership will provide small and medium sized businesses deeper understanding about their privacy compliance needs and develops a right-sized practical approach to serve them.  Bringing together OneTrust technology and Red Clover advisory supports these businesses as they develop a dynamic privacy program that adapts to the changing privacy regulatory environment.”

For more information about how Red Clover Advisors’ can support your company complying with GDPR, CCPA, or other US privacy laws, please visit www.redcloveradvisors.com

About Red Clover Advisors

Red Clover Advisors creates customized and affordable privacy programs to fit the size and diversity of each business. Red Clover Advisors, a certified Women’s Business Enterprise, is a privacy consultancy dedicated to understanding the ins and outs of balancing customer data collection and use, GDPR, CCPA, and US privacy law compliance, operationalizing privacy, digital governance, online data strategy, and much more. Red Clover Advisors makes the most complicated data privacy practices simple, helping businesses build trust with their customers.  Red Clover Advisors believes privacy is just good business.

About OneTrust

OneTrust is the largest and most widely used technology platform to operationalize privacy, security and third-party risk management. According The Forrester New Wave™: GDPR and Privacy Management Software, Q4 2018, OneTrust “leads the pack for vision and execution.” Additionally, Fast Company named OneTrust as one of 2019’s World’s Most Innovative Companies.  

More than 2,500 customers, both big and small and across 100 countries, use OneTrust to implement their privacy, security and third-party risk programs, automatically generating the specific record keeping needed to demonstrate compliance with privacy regulations including the EU GDPR, California Consumer Privacy Act (CCPA), Brazil LGPD, and hundreds of the world’s privacy laws. 

OneTrust’s 700 employees are located across co-headquarters in Atlanta and in London with additional locations in Bangalore, Melbourne, Munich and Hong Kong. To learn more, visit OneTrust.com or connect on LinkedInTwitter and Facebook

# # #

Red Clover Advisors Media Contact: 

Jodi Daniels

+1 404-964-3762

jodi@redcloveradvisors.com

OneTrust Media Contact: 

Gabrielle Ferree

Public Relations

+1 770-294-4668

Media@OneTrust.com


Photo by Kristina Flour on Unsplash

Are you someone willing to take the easy way out?

What if you knew you could get away with it?

Just a few shortcuts and you’re the envy of your fellow entrepreneurs. A few things that aren’t quite playing by the rules, but no one has to know that. For now, anyway.

If you want to be more than a one-hit wonder, you already know what to do. Just because you can, doesn’t mean you should. 

I know, privacy came in and messed up the marketing campaign you so meticulously designed. That list you worked so hard to build? Whether it was 50 or 50,000 deep, each and every one of those people had to opt in again before you could contact them. 

Ouch. 

You grumble about the hassle of it, but we both know that isn’t really the problem.

It’s how vulnerable we are when we have to ask that question. 
Again.

Yes means we’ve done well and held our subscriber’s interest. We’ve sent engaging material and offered more value than we’ve asked for sales.  

No? Not the end of the world, but a reminder to do better.

This is your chance to do it and stop praying for a shortcut. Don’t tell me that’s all you’ve got.  

The new privacy laws meant rethinking all of our campaign strategies. We had to pull back and re-evaluate how to maintain our reach and consider new ways to grow it. And while you might hate me for saying it, this is actually a good thing

Emailing people who don’t want to hear from you is a waste of money. If you lost half your list, consider it a chance to invest in a more compelling campaign, language that will engage your subscribers and encourage new ones. Getting kicked out of your comfort zone is going to be the best thing that’s ever happened to you. 

It means you’ll finally stop doing the same old song and dance everyone is doing.

How many times have you cringed at yet another email from someone whose list you never remember signing up for? How frustrated were you when, after scanning the email, there was no obvious way to unsubscribe?  

We want to be treated like more than a piece of data and so do our customers. This all-too-familiar scenario is a lose-lose for both parties. Trust me, you don’t want to be that guy.  

Ad tracking helps us learn about what our customers are interested in, but it is the equivalent of online stalking. I owe it to you to at least let you know that every step you take, every move you make, I’ll be watching you (couldn’t resist that Police song reference!). 

And if I don’t? The real life equivalent would look something like this:

  1. I follow you from your house to your job taking note of everything you do along the way.
  2. I peer in through the window while you work to watch what you look up on your laptop and phone. Devious cackle optional.
  3. I hang out at the coffeeshop across the street that you go to on your lunch break so I can pretend to run into you and take note of what you eat and drink so when I do it tomorrow it looks like a coincidence that we like the same things.
  4. I show up at the gym you hit after work and write down what brand of trainers you’ve got on, what kind of bottled water you drink, and what you’re listening to on your headphones.
  5. When you get home, you open your mailbox to find ploys to buy things exactly like everything you ate, drank, watched, listened to, or wore throughout the day in language similar to how you speak.

How awesome is that? 

Rather than turn your nose up at privacy, you have the chance to see the value in boundaries, rise to the challenge and let it make you more innovative. Build trust with each customer that continues to grow with your business. 

“Are you someone I can trust?” is the question every potential customer has as they scroll through your website. 

It’s time you make sure your yes is loud enough they can hear it. 

Check out Jodi Daniels article in AdExchanger on what marketers should consider when selecting a CDP.

If you haven’t begun to consider privacy beyond the GDPR checkbox, take ten minutes to read this before you smugly announce you’ve “done that already”. These five reasons could not only save you the hassle of being oh-so-very-wrong, when treasured like a secret weapon they will become your competitive advantage.
 
Navigating privacy can be daunting, but the bottom line is this: if you let the ball drop, you have more than just vague fines to worry about. All the companies taking this seriously already recognize it’s a bargaining chip and have no problem flaunting it.
 
Clients naturally find this irresistible. They like knowing they’re worth more than the data they provide and that you wouldn’t dream of putting their sensitive information at risk.
 
And if you prove them wrong? One of your competitors will snap them up before you can find another word for sorry.
 
Welcome to a new age of doing business.
 
 
Privacy is part of our DNA. 
 
Forget the business stuff for just a second and think about it. Privacy is a basic human right we feel entitled to. If you share sensitive personal information about yourself and believe it will stay between us, and I then share this with your neighbors, the elderly couple on the bus, and anyone who offers me a few coins for it, I bet you’d be pretty angry. In fact, you’d probably regret trusting me in the first place, and be reluctant to do so again.
 
The very same thing holds true for how you handle the information your customers share with you to engage with your products. Think they won’t find out? Eventually someone will gossip or drop a glove where they shouldn’t. Do yourself a favor early on and bank on something you naturally feel good about.
 
Do more than the bare minimum. 
 
When in life is this not the case?
 
Being ahead of the ever evolving privacy laws and the minimum standard requirements is always going to be sweeter than being behind. It means being seen as a thought leader and an innovator in your field. It means the chance to corner the market in your niche because you’re being proactive.
 
And being behind? Shifty eyes. Excuses. Lost opportunities. Maybe even jail time, depending on how crooked your path becomes.
 
Looking to get ahead but don’t know where to begin? I’m glad you’re here. Keep reading or bookmark this for later when you’ve got more time to spare. You’ve got this.
 
Just because you can, doesn’t mean you should. 
 
Can you get still get away with it? Maybe. But if your customer expects xyz and you give them x followed by p and q just because it makes your life easier, they’re going to start raising eyebrows. Wouldn’t you?
 
Rather than trying to sneak something by, take time to brainstorm another way to get it done. This is where brilliant deviations are born. These are kind of ideas that will set you apart and become practices you’re proud to share with your clients and your following, rather than praying they never pay enough attention to see how well you’ve really got it together.
 
Make it a core value of your brand.
 
Think about what kind of data you’ll be collecting and who you’re targeting. That’s not so hard, right? Now take this information and put it into a Privacy Impact Assessment which will ensure that you’ve got all your i’s dotted and t’s crossed.
 
If you work privacy into the foundation of what you’re offering, when you have something new to launch, you’ll have all the pieces in place to be able to do so right away. And if you don’t? Think mad dash to bring your marketing, privacy policy, and staff training in line at the last minute, and delays which could give your competitor time to take the lead.
  
Be Transparent. 
 
Once you clean up any messes going on behind the scenes, give your copy a makeover as well to reflect the changes you’ve made. Don’t hide behind vague words like the shy kid who doesn’t want to be called on in class. You aren’t that kid anymore. You’ve got something to say and a reason to be loud about it.
 
Be bold. Raise your hand. Use a larger font. Your clients are going to love the chance to get to know you better, especially when it shows just how much you value them and what you’ve gone through to prove it.
 
Wondering how solid your privacy program really is? Need some solid tips to figure out how to create one?
Get yourself a complimentary evaluation. It’s privacy’s equivalent of several deep breaths. No matter where you’re at, it’s not as hard as you think it is to get to where you need to be. We’ll do it together.

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California Consumer Privacy Act (CCPA) is top of mind for so many companies small to enterprise. We’re still in the early stages of getting ready for CCPA and I was fortunate to be featured on the National Technology Security Coalition (NTSC) blog.

Curious what you should do now to get on your CCPA journey? Check out the original blog post here!

In 2018, the General Data Protection Regulation (GDPR) in Europe became one of cybersecurity’s hottest buzzwords and made top headlines everywhere. If you are ready for a new privacy buzzword in 2019, the California Consumer Privacy Act (CCPA) will be your topic du jour. Passed in June 2018 with an effective date of January 1, 2020, the CCPA is the most comprehensive general data privacy bill of its kind to pass in the United States at a state level. CCPA increases the transparency of the collection and selling of physical and digital data. Under CCPA, California residents will now have more choices and control over what happens to their personal information that companies collect.

While the California State Legislature may amend CCPA prior to its effective date, steps exist that companies should take now to comply and prepare for January 2020. In this article, we’ll lay out the CCPA fundamentals and a 10-step plan companies should follow.

CCPA Fundamentals

Unlike GDPR, CCPA contains minimum thresholds businesses need to meet for the law to apply. CCPA covers for-profit organizations doing business in California that collect consumers’ personal information and that meet one of the following criteria annually:

1. Exceed $25 million in gross revenue.

2. Buy or receive the personal information of 50,000 or more consumers, devices, or households (such as website traffic).

3. Derive 50% or more of their annual revenue from selling consumers’ personal information.

Fines

Companies can be assessed civil penalties of up to $2,500 per violation, or up to $7,500 for intentional violations. An often overlooked section of CCPA is that statutory damages can consist of the actual damages or fall between $100 and $750 per California resident per incident, whichever is greater in the event of a data breach where the “nonencrypted or nonredacted first name or initial with last name plus other data such as an account number is subject to unauthorized access and exfiltration, theft, or disclosure as a result of the company failing to implement reasonable security measures.”

Coverage and Personal Information

CCPA covers consumers and, as currently written, also includes employees. Like GDPR, CCPA expands the common definition of personal information used in state data breach statutesCCPAdefines personal information as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

Examples of personal information (CCPA excludes deidentified or aggregate consumer information) include the following:

  • Geolocation data and inferences extracted from data: Using someone’s precise location data without permission expressly granted or using an IP address to track users.
  • Unique personal identifiers such as cookie numbers or a company devised number.
  • Browser or search history.
  • Biometric data such as fingerprints or an eye retina scan.
  • Professional or employment-related Information such as salary, title, or certifications.
  • Psychometric data such as information gathered from aptitude or personality tests.
  • Audio and visual data such as data from audio or video files.
  • IP addresses: If an IP can identify a household, it may be considered personal data.

A few central themes emerge with CCPA including providing notice to customers about data processing, honoring individual rights, and ensuring companies take data protection seriously. Below, we will break out these main focal areas and explain what it means for companies:

  • Privacy Notices: Companies will need to update privacy notices to specifically state what data is collected, categorize the data collected, explain the purpose for the data’s use, identify third parties with which that data is shared, and communicate the rights available to an individual.
  • Individual Rights: One big difference between GDPR and CCPA is that CCPA gives consumers the specific option to opt out of their data being sold. If a consumer opts out, companies cannot penalize or discriminate against them by charging a higher price or servicing them differently unless a company can prove that the difference in charging a certain price or offering a specific service is reasonably related to the value provided by the data sold. For example, if the service offered to the customer is $10 and the customer opts out of the sale of their data, the company cannot charge $20 unless the customer receives $10 of additional value. This piece of the regulation is one of the areas where privacy professionals and businesses are asking for more clarity from the California Attorney General during their current open comment sessions.
  • Consent, Children, and Sale of Data: Companies that collect data and sell it to third parties, and especially those that sell children’s data, will have to make specific changes. If data on children is collected and sold, additional requirements exist. Data collected on children under the age of 13 requires opt in with parental consent. Data collected on children between 13-16 requires opt in consent from that child. A company must also include a link on the homepage (or another option such as a toll-free phone number) where a user can opt out of the sale of data. Once received, companies must manage the opt out request within 45 days. Companies will need to create a process that addresses removing this individual for purposes of data sales from its databases, spreadsheets, and any associated third parties.
  • Security: The CCPA also requires businesses to maintain reasonable security procedures. As noted above in the fines section, civil damages and a private right of action can occur in the event of a data breach if the company is found to have not employed reasonable security measures.

Next Steps for Companies to Comply with CCPA

To get started on your CCPA compliance journey, follow these 10 steps as a guide.

1. Start now to plan a CCPA compliance strategy.

The CCPA will take effect in11 months. Remember the massive panic in companies scrambling last April and May to get ready for GDPR? Don’t wait until the end of the year when the busy holiday season means employees focused on wrapping up year-end activities. Create a plan now that considers company meetings, holidays, and big initiatives.

2. Identify a lead sponsor and cross-functional team.

Complying with CCPA will require input initially and on an ongoing basis with departments such as marketing, product, IT, HR, finance, customer support, security, privacy, and legal.

3. Determine needed resources.

Begin to determine what resources (such as software tools, attorneys, and consultants) will be required to help with compliance.

4. Start the data mapping process.

Understand what data you collect that qualifies as personal information, where it is located (including with any third parties), and for what purpose it is used. For any company that did a data inventory to comply with GDPR, companies need to ensure those processes reflect the United States processing activities and see if any changes are needed. The data mapping exercise is really important, especially to determine if data collected from children is currently sold. If so, obtaining the appropriate consents will be required and can take time.

5. Understand how to handle individual rights requests.

To effectively honor individual rights requests, businesses will have to know where the data resides and create a strong process to funnel the request through various departments. Much like incident response plans are tested, individual rights plans will also need to be simulated. Determine what the company will do if a request comes in from someone who is not a California resident. Will the company honor all requests only if the individual is a California resident? If so, what will the response to that individual say? Many companies are finding that it will be operationally easier to apply the CCPA as a denominator and honor all individual requests in compliance with CCPA. If a company created individual rights processes for GDPR, they will need updating to reflect the ability to opt out of the sale of information. It is highly encouraged that companies test these processes just like practicing an incident response plan.

6. Draft privacy notices.

A privacy notice tells the company’s story about what data is collected, how it is used, who it is shared with, and what choices an individual has about their data such as the right to access or delete personal data. An accurate privacy notice can be completed only after performing the data inventory work. Specifically, CCPA requires a privacy notice be provided at or before the point of collection that informs consumers as to:

  • “The categories of personal information it has collected about that consumer.”
  • “The categories of sources from which the personal information is collected.”
  • “The business or commercial purpose for collecting or selling personal information.”
  • “The categories of third parties with whom the business shares personal information.”
  • “The specific pieces of personal information it has collected about that consumer.”

In the privacy notice, the company needs to list all individual rights available to the consumer and the steps they can take to request these rights. If the company sells data, the company will need to update its website by including a “Do Not Sell” link on the homepage and include in its privacy notice all the methods available to an individual to opt out of the sale of data.

It is important to remember that if a business collects data for one purpose, it is prohibited for using the data in a manner not disclosed by that purpose. Businesses may need to make other disclosures that the privacy and legal teams will need to consider based on the business’s data processing activities.

7. Strengthen security measures.

CCPA requires “reasonable” security measures. Teams need to perform a comprehensive review of their security program and determine what changes are needed appropriate to the type of data collected and stored. Updates could include additional proactive monitoring software, hardware, headcount, encrypting or redacting of data, or even personnel changes.

Security teams will need to understand the full lifecycle of a data record, which may include service providers or third parties such as SaaS tools where data is entered and stored. Performing a thorough privacy and security assessment for each service provider will help mitigate any mishandling of personal data.

Companies also need to review data breach plans to identify necessary changes. It’s critical that companies practice their response to a data breach plan. A data breach simulation brings together all the key decision makers in the event of a data breach and ensures that the plan works. Pilots practice in flight simulators. Schools and workplaces practice fire drills. Similarly, companies need to practice responding to incidents such as a data breach to help identify missing components during a scenario when no pressure exists.

8. Review training programs.

Review existing training programs and determine if there are any needed enhancements. As employees often move between roles, it will be imperative to train employees and create an accurate standard operating procedure (updated as the business process changes) for honoring individual rights. This is a great opportunity to extend annual training modules to also include quarterly security and privacy reminders.

9. Create or update privacy programs.

Create or update the company’sprivacy program so data inventories, the privacy notice, and any process changes affecting the ability to honor individual rights always accurately reflect the business’s activities.

10. Prepare for future privacy laws and regulations.

Get ready for the next privacy regulation such as the State of New York evaluating a law similar to CCPA, a federal privacy law such as the American Data Dissemination Act introduced in January 2019 by Sen. Marco Rubio (R-FL), the Data Care Act introduced by more than 15 Senators in December 2018, model legislation introduced by Intel in November 2018, and Brazil’s General Personal Data Protection Act (Lei Geral de Proteção de Dados or LGPD) taking effect in August 2020.

As you can see, more privacy regulation is on the way beyond the CCPA. Getting started now to understand how you collect, use, and share data, identify policy gaps, and create sustainable processes will make compliance less cumbersome and provide you an opportunity to create stronger privacy and security programs.

If you have a thought on what you want to hear about privacy, reach out to jodi@redcloveradvisors.com. Jodi Daniels is Founder of Red Clover Advisors, a data privacy consultancy that assists companies with GDPR compliance, operationalizing privacy, digital governance and online data strategy. www.redcloveradvisors.com or Jodi@redcloveradvisors.com

I had the privilege of writing a piece for ITSP Magazine on Privacy Day 2019 and what companies should be doing the other 364 days it isn’t Privacy Day. Check it out here!