Confronting Privacy Fears: Practical Approaches to Challenges in the US and EU

Halloween is upon us, and it is a new and scary world from a privacy and data security perspective. Gone are the early days of the Internet, when data changed hands without so much as a second thought. Today’s data-driven businesses find themselves in highly-regulated industries made up of a patchwork of rules and regulations at the state, federal and international levels. And, today, as frightening as it may be, EVERY BUSINESS IS A DATA-DRIVEN BUSINESS.

Not only are there various and sundry regulatory schemes, but the privacy and data security landscape is in constant flux — with relevant laws proliferating in real time.  And, these laws have a substantial impact on the ability to conduct business, attract customers, and build trust in the market. Compliance can be spooky, but the risks of non-compliance can be downright terrifying, including hefty fines and complete halt of operations. Add to this, that individuals in many jurisdictions now have private rights of action for privacy harms – and that the ghostly (insofar as it is undefined) “creep factor” may lead to privacy liability, and petrification might ensue.

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