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In the United States, California is the only state to implement sweeping privacy legislation with the CCPA. However, this is set to change as other states begin to propose privacy regulations. If your business retains personal data, be it clients or employees, it is crucial that you hire counsel who is well versed and up to date with privacy laws. Failure to mitigate on this front could result in significant fines. On the other hand, if the privacy laws do not apply to your business, it may benefit you to create a privacy policy and handle privacy issues on the front end instead of waiting for the law to change.

Federal Regulations

Although the U.S. does not yet have sweeping federal data privacy legislation, we believe it is only a matter of time. Even so, there are other pieces of legislation, such as the Gramm-Leach-Bliley Act, FERPA, TCPA, and COPPA that already encompass privacy issues and could affect your business.

State Privacy Laws

Many states are beginning to introduce and pass privacy legislation. California is at the forefront of this effort with the CCPA and CPRA. Other states, such as Texas and Illinois, have implemented laws regarding the use and storage of biometric data. Depending on where you do business, the privacy laws of each state could affect your business dealings and expose you to penalties if risk is not properly handled.

Privacy Policies

While privacy policies may be required by law in many jurisdictions, the private companies, namely Apple and Google, also require privacy policies as part of their terms of service. Additionally, privacy is a hot button topic and having a well thought out privacy policy signals to users and clients that you are transparent about the use of their personal data and you wish to protect it to the best of your ability. Do not rely on free templates that are largely legal boilerplate that most people cannot understand. Our attorneys will craft a privacy policy suited to your needs and goals.

International Laws

If you do business outside of the United States, you could be subject to international privacy laws such as the GDPR. The GDPR is a sweeping piece of data privacy legislation that protects the data of citizens who live in the European Union. Even if you are a U.S. business that does not have a base of operation in the EU, you may be subjected to the GDPR if you process the personal data of EU citizens.

Contact Us

When it comes to data privacy, it is better to be proactive instead of reactive as it could be costly to make changes later in order to comply with changing laws. Contact the attorneys at our Nashville office to discuss your data privacy concerns.