In response to the COVID-19 pandemic, businesses around the globe have made a major pivot to online or virtual operations, hitting fast forward on digital transformations that usually take time and careful planning. Everything from university classes to corporate board meetings to wine tasting at your local bar have jumped online, opening a whole new world of possibilities—and potential data security and privacy risks that should not be overlooked. With privacy and data security concerns more important than ever before, it is important to remember that even emergency digital transformations must use a “measure twice cut once” strategy that factors in Privacy by Design at the outset.
In the rush to move business online, it may seem like a necessity to gloss over privacy risks and deal with them later. However this approach is inefficient at best and can be disastrous if there’s a security breach. Digital transformation has to start without an intentional focus on data protection and a solid understanding of the regulatory landscape.
This understanding is becoming increasingly important as privacy laws like the GDPR and CCPA, along with a host of new regulations on the horizon, highlight Privacy by Design principles in their consumer privacy guidelines. That means in many cases, putting consumer privacy first isn’t just good business—it’s a legal requirement. In fact, article 25 of the GDPR demands that organizations practice “privacy by design and by default,” meaning organizations must integrate data protection up front in any design or business practice and maintain those protections throughout the data lifecycle.
A good digital transformation strategy will define goals, identify appropriate technologies, establish leadership and educate staff on the new technologies and protocols. But each of those steps should be driven by data privacy and security considerations.
Therefore even if the digital transformation needs to happen quickly, it’s critical to make sure privacy is the cornerstone of the plan. At Beckage our experienced team of attorneys can work with you to assess potential privacy pitfalls and blind spots, especially in this ever-shifting legal landscape. Beckage attorneys provide on-site and around-the-clock counsel to clients on data protection and information security practices required under state or federal law, for example, or advise on security risks and responsibilities. Taking the time to employ Privacy by Design is an upfront investment that will help ensure your digital transformation strategy is built on solid ground.
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