==================================================================================================== URL: https://trustarc.com/ TITLE: Data Privacy Management Software & Solutions | TrustArc TYPE: page --- The easiest way to automate compliance Unlock the ROI of modern privacy management The ROI Report breaks down the business impact of privacy automation, helping teams reduce manual effort, streamline compliance, lower risk, and drive cost savings. See the data behind smarter privacy investments. Privacy pros face constant pressure — shifting laws, scarce resources, and rising complexity. But now there’s a better way. Experience Arc, the AI-powered platform designed around A modern approach to privacy Meet the next generation of the TrustArc platform, powered by Arc Intelligence. A modern privacy management platform that thinks and works like you do. Get trusted, cited answers and guided steps that help your team work faster, reduce complexity, and save time. Built around you: TrustArc’s next phase of growth We’re growing to serve you better. With new investment and global reach, TrustArc is accelerating innovation and deepening our commitment to customer success worldwide. The easiest way to automate compliance Privacy pros face constant pressure — shifting laws, scarce resources, and rising complexity. But now there’s a better way. Experience Arc, the AI-powered platform designed around A modern approach to privacy Meet the next generation of the TrustArc platform, powered by Arc Intelligence. A modern privacy management platform that thinks and works like you do. Get trusted, cited answers and guided steps that help your team work faster, reduce complexity, and save time. A new era for privacy professionals Privacy has never been more complex or more vital. In his open letter, CEO Jason Wesbecher shares why privacy professionals deserve better, and how Arc was built for them. Built around you: TrustArc’s next phase of growth We’re growing to serve you better. With new investment and global reach, TrustArc is accelerating innovation and deepening our commitment to customer success worldwide. The easiest way to automate compliance Privacy pros face constant pressure — shifting laws, scarce resources, and rising complexity. But now there’s a better way. Experience Arc, the AI-powered platform designed around A modern approach to privacy Meet the next generation of the TrustArc platform, powered by Arc Intelligence. A modern privacy management platform that thinks and works like you do. Get trusted, cited answers and guided steps that help your team work faster, reduce complexity, and save time. A new era for privacy professionals Privacy has never been more complex or more vital. In his open letter, CEO Jason Wesbecher shares why privacy professionals deserve better, and how Arc was built for them. Shape the Global Benchmark Join thousands of privacy leaders across industries to shape the 2026 Global Privacy Benchmarks Survey — and see how your experience compares. Built around you: TrustArc’s next phase of growth We’re growing to serve you better. With new investment and global reach, TrustArc is accelerating innovation and deepening our commitment to customer success worldwide. The easiest way to automate compliance Privacy pros face constant pressure — shifting laws, scarce resources, and rising complexity. But now there’s a better way. Experience Arc, the AI-powered platform designed around A modern approach to privacy Meet the next generation of the TrustArc platform, powered by Arc Intelligence. A modern privacy management platform that thinks and works like you do. Get trusted, cited answers and guided steps that help your team work faster, reduce complexity, and save time. A new era for privacy professionals Privacy has never been more complex or more vital. In his open letter, CEO Jason Wesbecher shares why privacy professionals deserve better, and how Arc was built for them. Introducing Arc: the AI-powered privacy platform that redefines how organizations manage compliance, automate workflows, and empower teams to do more with less. Built around you: TrustArc’s next phase of growth We’re growing to serve you better. With new investment and global reach, TrustArc is accelerating innovation and deepening our commitment to customer success worldwide. Privacy & Data Governance Navigate, automate, and certify your compliance Built around you: TrustArc’s next phase of growth We’re growing to serve you better. With new investment and global reach, TrustArc is accelerating innovation and deepening our commitment to customer success worldwide. What top privacy leaders are doing differently in 2025 Discover how 1,775 global privacy pros are navigating AI, rising risk, and regulatory pressure. This 6th annual report unveils the new blueprint for building smarter, stronger privacy programs. Achieve privacy excellence with automation Elevate trust across customers, vendors, and regulators with best-in-class, automated privacy solutions. Experience unmatched expertise and seamless compliance on a single platform. Lead the future of AI: Get certified Get ahead in the AI revolution with TrustArc’s Responsible AI Certification. Prepare for the EU-AI Act, stand out with responsible AI, and win trust. Let’s lead the future responsibly together. Is your company managing AI responsibly? Take the AI Readiness Assessment quiz to find out how mature your organization is when it comes to managing AI risk. The easiest way to automate compliance Privacy pros face constant pressure — shifting laws, scarce resources, and rising complexity. But now there’s a better way. Experience Arc, the AI-powered platform designed around Join us to rethink privacy Be among the first to see Arc in action. Join TrustArc’s leaders for an exclusive launch event unveiling a next-generation AI-powered platform built to simplify privacy management. A New Era for Privacy Professionals Privacy has never been more complex or more vital. In his open letter, CEO Jason Wesbecher shares why privacy professionals deserve better, and how Arc was built for them. Introducing Arc: the AI-powered privacy platform that redefines how organizations manage compliance, automate workflows, and empower teams to do more with less. Built Around You: TrustArc’s Next Phase of Growth We’re growing to serve you better. With new investment and global reach, TrustArc is accelerating innovation and deepening our commitment to customer success worldwide. Trusted globally by 1500 companies and counting The numbers don't lie, create real ROI 35% decrease in total cost of proving compliance 5 week decrease in time to compliance $654k reduced cost of complying with privacy laws 80% decrease in privacy incidents when using TrustArc products Privacy compliance, custom-crafted for your business Forge a global privacy program that elevates compliance through automation and strengthens customer trust. Navigate the future of privacy confidently TrustArc provides elite compliance solutions, trust-building certifications, and data governance. Streamline your operations and make privacy your differentiator. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Get your go-to guide for mastering Accountable AI in privacy. Dive into the world of AI and privacy regulations while discovering a practical roadmap to align your organizational needs with individual rights. Why our customers love us We’ve been using TrustArc daily, and it’s been a fantastic experience from the start. It’s incredibly easy to use and was super simple to integrate into our existing systems. The customer service is outstanding—truly the best I’ve ever had from any software vendor. This is, without a doubt, one of the best-in-class privacy and data management solutions available. The AI capabilities are particularly impressive and feel like they’re ahead of the curve in the industry. -Kevin Alvero, Integral Ad Science, Chief Compliance Officer We switched to TrustArc from OneTrust because of poor support and an inability to get their cookie tool working on our site. Working with TrustArc has, quite literally, been exactly as we hoped. Our Technical Account Manager has been a big part of our success. – Sean McInnis, Data Protection Officer, NEJM Group Implementation was a breeze. The team has guided us through the process. In addition, and probably more importantly, the support team has been available at the beginning and for follow-up throughout the year. TrustArc is essential in helping my company navigate the complex landscape of data privacy. – Gunhan P., Sr. Legal Counsel, Forte Labs TrustArc has been extremely helpful in getting us set up to be compliant with a number of privacy and other applicable laws. Further, the customer team we are working with who provide implementation support are incredible and we couldn’t ask for a better team. – Jacob G., Associate General Counsel, Redis ==================================================================================================== URL: https://trustarc.com/free-trial/ TITLE: Free Trial: Parent | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/solutions/by-function/publishers-advertisers/ TITLE: Ad Privacy Compliance & Tools Solution | TrustArc TYPE: solution --- Privacy compliance for publishers & advertisers Simplify global regulations and industry frameworks requirements. Confidently protect consumer data and minimize risk A rising tide of regulations and industry standards on data privacy rights have given consumers more control over their personal data. It is more important than ever for website publishers and advertisers to have privacy solutions that enable them to comply with these regulations and standards, while delivering a seamless user experience and optimizing monetization goals. Deliver data transparency and control Ensure compliance with global regulations and industry frameworks Comply with IAB TCF 2.2, IAB CCPA, GDPR, and ePrivacy in a single implementation. Optimize consent engagement and customize the consent approach to deliver a seamless user experience. Give your audience control over ad preferences Meet DAA/EDAA/DAAC requirements by augmenting ad targeting enabling consumers to make informed decisions on their ad preferences through data transparency and control. Website Monitoring Manager Understand your website’s tracking behavior Know what trackers are on your website and identify compliance risk, conduct cookie audits, and manage trackers for consent. Leverage these insights to deliver a secure and faster digital user experience. TRUSTe Enterprise Privacy Certification Demonstrate privacy compliance for EDAA requirements Minimize risks and built trust with EDAA Privacy Certification. TRUSTe Data Collection Certification Companies that collect data such as personal identifiable information (PII) and sensitive data face additional compliance requirements. Reduce privacy risks for companies that act as third-party collectors. Individual Rights Manager Simplify and automate data subject requests fulfillment to meet the various response timeframes. Collaborate with your team and dynamically assess requests to deliver accurate, secure, and on-brand responses to your consumers. Privacy Solutions By Function Learn how TrustArc can simplify your advertising compliance ==================================================================================================== URL: https://trustarc.com/solutions/by-function/risk-compliance/ TITLE: Data Risk Management Software Solutions | TrustArc TYPE: solution --- Automatically identify risk under laws and regulations relevant to your business, systems, processes, data transfers, and third party vendors. Holistic management of privacy risk across your enterprise Take control with a complete, dynamically updated view of enterprise-wide privacy risks, IT system-level risks, third party risks, vendor risks, and international data transfer risks. Simplify high-risk processing Continuous risk analysis with mitigation Automated risk detection and calculation across 130+ global laws ensuring data protection, privacy, and security requirements are met. Streamline PIAs, DPIAs, and other risk assessments Intelligent assessment automation delivers the compliance, risk, and maturity insights you need while minimizing inefficiencies in assessment processes. Create a detailed and comprehensive inventory of IT systems, third parties, vendors, and company affiliates relevant to personal data flows and potential risks across your organization. Demonstrate accountability and compliance Demonstrate accountability and compliance to the board and regulations with executive reporting, on-demand audits, and benchmarking. Learn how TrustArc can simplify your compliance today ==================================================================================================== URL: https://trustarc.com/company/partner-program/ TITLE: Strategic Privacy Partner Program | TrustArc TYPE: page --- Designed for businesses that wish to augment their capabilities and provide comprehensive privacy management to their clients, TrustArc offers a dual-faceted partnership that empowers an ecosystem designed to help customers navigate the challenges to privacy, security, and governance in a rapidly changing world. Accelerate Your Growth with TrustArc Join pioneers in the privacy compliance market by partnering with TrustArc. Whether you are an MSSP, systems integrator, law firm, consulting firm, legal tech company, or digital marketing agency, our program is tailored to elevate your business and provide unparalleled value to your clients. Leverage the privacy era to your advantage by offering the TrustArc privacy platform — a comprehensive solution that enables companies to achieve and maintain compliance and mitigate risk. Unlock new revenue streams in a rapidly growing market with significant financial incentives Benefit from recurring software sales revenues and ongoing lucrative service opportunities TrustArc equips your team with expert knowledge stemming from over 20 years in the privacy industry Our dedicated team ensures you have everything you need for success, from onboarding to winning your first deal Technology Partner Advantages Forge the Future of Privacy Tech Innovation Collaborate with TrustArc and stand at the forefront of privacy technology integration. Perfect for companies specializing in infosecurity, data discovery, GRC solutions, and more. Our program allows you to incorporate your offerings with the prominent TrustArc platform, creating a winning combination for all customers. Whether expanding your solution's reach or empowering your customers with robust privacy and compliance tools, integrating with the TrustArc Platform is where your solutions resonate with the needs of modern businesses. Align with an established platform with a track record of fostering global privacy programs Gain the edge of over 20 years of TrustArc’s industry-leading experience Enjoy comprehensive support aimed at a seamless start and enduring partnership success Join forces with TrustArc, a venerable name synonymous with success in the privacy sector Become a TrustArc partner today! Take a decisive step towards business growth and join a community of partners shaping the future of privacy compliance. TrustArc is committed to forging relationships that thrive on mutual success—because when our partners succeed, we all move forward. ==================================================================================================== URL: https://trustarc.com/products/privacy-data-governance/risk-profile/ TITLE: Automated Data Mapping & ROPA Solution | TrustArc TYPE: product --- Uses AI-assisted record creation, bulk record creation, Record Exchange, business process forms, and integrations to create and update records for systems, vendors, affiliates, and business processes. Reduces manual setup and makes it easier to build a living inventory instead of maintaining static spreadsheets. Generates interactive data flow maps, transfer maps, and relationship views across business processes, systems, vendors, and entities. Gives privacy teams a clearer picture of how personal data moves, where it is shared, and where obligations or risk may sit. Discovery-to-inventory workflows Ingests inputs from website-based third-party discovery, integrations, and third-party discovery tools into inventory and risk workflows. TrustArc also supports AI-assisted record creation and Record Exchange to accelerate inventory population. Discovery data becomes useful only when it is linked to processing context, ownership, and privacy obligations. Automatically calculates data processing, data transfer, and AI risk across records based on factors such as data sensitivity, processing purpose, geography, and AI usage. Helps teams identify which activities need deeper review instead of treating all records as equal. Recommends assessments based on calculated risk and supports linked assessments so control effectiveness can inform residual risk. Assessment execution happens in Assessment Manager. Connects risk identification to follow-up action without pretending the inventory itself is the full remediation workflow. Produces configurable GDPR Article 30 reports, including controller and processor outputs, with data flow and map options. Turns inventory and mapping work into regulator-ready documentation when teams need to demonstrate compliance. Vendor and third-party context Tracks third parties, links them to business processes and systems, supports role management, and surfaces third-party risk in context. Gives a more useful privacy view than a flat vendor list because risk depends on what data is involved and how it is processed. Supports revalidation schedules, notifications, audit trails, configurable exports, filtering, and record updates through integrations. Helps teams keep records current as systems, vendors, and processing activities change. ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/truste-edaa-privacy/ TITLE: EDAA Online Advertising Certifications | TrustArc TYPE: product --- Assurance & Certifications TRUSTe EDAA Privacy Certification Navigating online advertising requirements is essential. Ensure your advertising streams are optimized and in compliance with regulated markets. Maximize brand trust and business opportunities, while avoiding fines and litigation. Distinguished recognition by regulators, partners, and consumers European Interactive Digital Advertising Alliance (EDAA) certified TRUSTe is an EDAA-approved certification provider. Utilize TRUSTe’s all-in-one solution to meet the standards and technology set out in the Online Behavioural Advertising (OBA) standards in the EU market. Industry recognized credibility Leverage a trusted seal and standard to demonstrate compliance with privacy best practices in the EU for data collection and use. The certification process identifies risk and provides detailed recommendations from a global privacy expert to close gaps and reduce risk. Remove compliance risk by aligning your practices with EU self-regulatory criteria and best practices for data-driven advertising. Accelerate sales cycle with new customers and partners, while deepening the trust with your existing business relationships. Demonstrate privacy compliance, reduce risk, and build trust with an independent review powered by technology and delivered by privacy experts. An experienced Global Privacy Solutions team member guides you through the assessment process, utilizing our proven methodology and powerful technology. Our team works with your organization to efficiently guide the discovery of necessary information, including relevant data flows, and evaluating your privacy policies and practices against required standards. Rely on us to help you remediate gaps in your privacy program and leverage complementary access to relevant and curated operational templates to simplify your certification process. Use TrustArc’s platform to access a complete audit trail, including assessment tasks and supporting documentation. Streamline inquiry responses and maintain audit compliance. A TRUSTe certified Letter of Attestation and EDAA seal are provided for your digital properties to demonstrate certification to regulators, customers, and partners. TrustArc will continue to provide ongoing compliance after the certification period on your policies and privacy program. ==================================================================================================== URL: https://trustarc.com/products/managed-services/ TITLE: Privacy Managed Services | TrustArc TYPE: product --- Privacy expertise for hire Lack of bandwidth stifles even the most experienced teams. Jumpstart or expand your team’s capacity and capabilities overnight with our innovative Privacy as a Service package. Data privacy management consulting services Not every risk is created equal Are you accurately prioritizing privacy actions based on risk? Having clarity of which activity impacts your organization the most requires expertise. No practical experience is a trap There’s a big difference between working with consultants who can give you regulatory advice and former privacy officers who can provide tactical advantages. Is the strategic and foresight work being pushed so you can get the day-to-day done? Leverage privacy experts as an extension of your team to get both done. Your special ops privacy team If a lack of resources is slowing you down and getting in the way of you reaching the organization’s goals, it’s time to meet TrustArc’s team. We can help you interpret a privacy law, plan how to best operationalize it, identify risk, and make an action plan for compliance. Organizations need to be self sufficient when it comes to privacy. Our approach is to empower organizations of all sizes with the knowledge, process, and technology to create sustainable privacy programs that can handle the ever-evolving regulatory landscape. Easy bundles and packages Privacy is complicated enough – we designed our service packages based on 20+ years of experience helping companies operationalize all aspects of the privacy office. We have over 1600 projects under our belt, which means we get it. Our process has been proven successful, and we know how to help accelerate your initiatives, create competency and support business continuity. ISO 27001 Pre-Audit Assessment Business process readiness Privacy Office and General Privacy Operations Support (managed services) Privacy and Data Governance Committee Development Data Inventory and Mapping Privacy by Design Integration Data subject and Consumer rights Marketing and Website Consent Vendor and Third Party Data Management Onward Data Transfer Procedures Data Breach and Incident Response Planning Internal Privacy Policies and Standards Employee Privacy Training and Workshops Universal Privacy Program Development Nymity Framework Training Our confidence in the TrustArc partnership is beyond words. Our teams have excellent working relationships, and we love and respect the TrustArc brand and reputation. – Publishing & Entertainment Industry We understand that bringing in support for your organization can feel like a challenging process. Learn about easy packages to get you started. ==================================================================================================== URL: https://trustarc.com/solutions/regulatory-guidance/ TITLE: Data Privacy Regulatory Research Database | TrustArc TYPE: solution --- Keeping up with ever-evolving data privacy laws? The velocity of privacy laws and regulations is unprecedented. By 2024, 75% of the global population will have its personal data covered under privacy regulations (Gartner). Navigate the widly dynamic privacy regulatory environment (100+ global laws) without fear. Instant insights and in-depth expertise Understanding the regulatory landscape is vital to your privacy program operations. Reduce legal counsel costs with lightweight access to privacy legal resources and reduce your law research time so you can proactively maintain compliance. Work smarter with Nymity Research content powered by trusted privacy and legal experts across 25+ years. Learn the law faster and easier – with confidence – using NymityAI. Comprehensive regulatory database built by experts Power your teams with premier regulatory insights, legal summaries, operational templates, and law comparisons. Nymity Research covers 244+ jursidictions globally, saving you legal research time and effort. Stay ahead with daily alerts Never miss a beat in the privacy world. Our daily alerts deliver critical regulatory updates directly to you, streamlining your compliance process and saving you valuable research time. NymityAI, privacy’s leading AI chatbot, answers your questions instantly, simplifies complex privacy challenges, and accelerates your workflow. Understand complex privacy topics with ease. From AI regulations to consent laws, our detailed breakdowns provide clear insights, helping you make informed decisions faster. Comprehensive Privacy Library Access the ultimate privacy knowledge base. With over 45,000 expert references at your fingertips, empower your strategies and elevate your work with the most up-to-date information available. ==================================================================================================== URL: https://trustarc.com/future/ TITLE: Join TrustArc at IAPP Global Privacy Summit 2025 TYPE: page --- IAPP Global Privacy Summit 2025 | Washington, D.C. Your all-access privacy pass in Washington, D.C. for a standout experience at IAPP Global Privacy Summit 2025. Visit for live demos, exclusive swag, and a chance to win an Apple iPad Air. Don’t miss our Women Leading Privacy networking event and the Privacy Unplugged cocktail party! Privacy Unplugged: Cocktails, Connections & Confidential Conversations! After a full day of thought-provoking sessions at IAPP Global Privacy Summit, it’s time to switch from compliance mode to cocktail mode! Join TrustArc, CohnReznick, and Serious Privacy for an exclusive night of networking, noshing, and next-level conversations — all just a short walk from the conference venue. 1020 7th St NW, Washington, D.C. (2-minute walk from the Convention Center) Women powering privacy. Together. Join other women privacy leaders for this casual networking event that will feature great company and giveaways. April 23rd | 10:15 – 11 a.m. Room 103AB, Level 100 in Convention Center End-to-end privacy starts here Visit our booth to learn more about our solutions to manage end-to-end privacy — and a chance to win daily prizes. Exhibit Floor | Booth #1 – 2 April 22nd: 4:30 – 8 p.m. April 23rd: 8 a.m. – 6:30 p.m. April 24th: 8 a.m. – 2 p.m. Kick Off GPS with us at the FPF Spring Social on April 22! ==================================================================================================== URL: https://trustarc.com/more-trust/ TITLE: Trust Center Campaign LP | TrustArc TYPE: page --- Introducing Trust Center by TrustArc Ready for a new way to manage scattered privacy, security, legal, and product information? The unified online hub for trust Trust Center by TrustArc is a unified, no-code online hub for trust information. It brings together your company’s scattered privacy, security, legal, and availability information in a single place — with a seamless, intuitive interface. With Trust Center, you can reduce time to compliance, sales time and work, and legal and regulatory risk — while putting trust front and center. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Trust Center enables teams to publish policies, terms, overviews, and disclosures themselves, delivering speed and efficiency for internal stakeholders. Eliminates in-house and external marketing agency development and dependencies for security, compliance, legal, and privacy updates, saving time and money. Eliminates in-house and external marketing agency development and dependencies for security, compliance, legal, and privacy updates, saving time and money. Trust Center meets the needs of privacy/legal experts, IT/product managers, sales, marketing, and web development teams in one-comprehensive solution. Unified Trust Center for Privacy, Security, Compliance, and Legal Teams Join this webinar to learn how to move beyond fragmented solutions for managing trust and safety information and understand how unified trust centers can improve privacy programs, streamline sales cycles, ensure regulatory compliance, and reduce operational bottlenecks. Get more transparency and efficiency with Trust Center TrustArc Trust Center provides a one stop solution for privacy, legal, security, compliance, and product availability. Easily manage policies, terms, overviews, and disclosures while facilitating public and private document sharing, end user consents, and data requests — in a few clicks with no coding required. Save time. Reduce risk. Earn trust quickly in real-time. See how easy it is to customize your company’s Trust Center—schedule a demo today! ==================================================================================================== URL: https://trustarc.com/consumer-information/privacy-feedback-button/ TITLE: Privacy Dispute Resolution Services | TrustArc TYPE: page --- What the TRUSTe Privacy Feedback button means: Companies whose web sites or applications display the TRUSTe Privacy Feedback button have demonstrated their commitment to privacy by utilizing TRUSTe to collect privacy feedback and complaints. The Privacy Feedback button is not a certification seal. All companies that display the button are solely responsible for their own privacy practices. TRUSTe is responsible only for the privacy practices applicable to it as expressly described in the for the TrustArc group of companies and is not responsible for the privacy practices of any other company. If you have an unresolved privacy concern or request not resolved by direct contact with the site involved, check to report the issue via the online privacy feedback form. ==================================================================================================== URL: https://trustarc.com/products/consent-consumer-rights/trust-center/drive-your-own-demo/ TITLE: Trust Center Drive Your Own Demo | TrustArc TYPE: product --- Build trust, save time, and get compliant. Discover Trust Center by TrustArc Leverage a no-code solution that lets you unify, showcase, and streamline trust and safety information. You can create your own in days versus taking months to build one and make updates instantly. Take a tour of some of the features to see how easy it is and how you can create a modern unified Trust Center! This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Customize your Trust Center Easy to upload your logo and colors to reflect your brand and create a more seamless user experience. Our templates are purpose-built for legal, security, compliance, and availability information. Draft, publish, and preview updates Our interface makes it easy to update information with just a few clicks. Subprocessor disclosure template Make it easy to add or update sub-processors and the required information for users to see it. Control document visibility A simple on or off click gives you control over what documents are visible internally or externally — in an unlimited amount. Show off your privacy and security certifications, as well as any program standards met. Enable email subscriptions Easily manage and see versions of policies and documents. Preview and share updates When updating content, easily preview or even share with team members. Link all privacy requests Link consents, preferences and data subject forms in a single place, across TrustArc products and beyond. Book a live demo or find out more ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/responsible-ai/ TITLE: Responsible AI Certification | TrustArc TYPE: product --- Assurance & Certifications Responsible AI Certification Demonstrate your organization’s commitment to data protection and governance. Publicly show that your AI data governance is accountable, fair in practice, and transparently used. Boost brand trust with AI Demonstrate accountability with a trusted AI certification. Our certification standard incorporates principles from leading industry standards such as and OECD, as well as AI regulations like the Navigate the wave of AI privacy regulations without fear, and with a robust AI governance in place. Show consumers, customers, and partners that your products, services, or operations have implemented AI with data protection and privacy in mind. Demonstrate responsible AI This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Leverage an official Letter of Attestation for transparent regulatory compliance, bolster stakeholder communication with an impactful third-party assurance, and enhance your organization’s AI governance. TRUSTe certified privacy seal With 10,000+ certifications, the TRUSTe seal signifies unwavering commitment to AI governance and responsible data practices, enhancing your credibility, trust, and brand image. An experienced Global Privacy Solutions team member guides you through the assessment process, utilizing our proven methodology and powerful technology. Get a report with gap analysis and actionable recommendations for compliance. Enhance your privacy and security posture with essential steps. We leverage years of experience to provide you with remediation insights to complement the gap analysis provided. Complementary access to relevant and curated operational templates can simplify your certification process. Use TrustArc’s platform to access a complete audit trail, including assessment tasks and supporting documentation. Streamline inquiry responses and maintain audit compliance. Once you become certified, you will receive your TRUSTe Seal and Letter of Attestation. Continuous guidance and dispute resolution services TRUSTe will provide ongoing guidance during the certification period including an annual review. Utilize our third party dispute resolution service to mediate privacy issues. ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/digitial-advertising-alliance/ TITLE: DAA Validation for Advertising Privacy | TrustArc TYPE: product --- Assurance & Certifications TrustArc is the only certification provider of the Digital Advertising Alliance certification. Complying with DAA AMI demonstrates industry guidelines and provides consumer tools designed for better privacy safeguards. Participate in the DAA’s program Internationally recognized standard The DAA (Digital Advertising Alliance) is an independent non-profit organization led by leading advertising and marketing trade associations globally. The DAA was first launched in the United States and is both recognized and adapted by other markets, spanning 27 countries including Canada, Argentina, the United Kingdom, European Union, Switzerland, India. Trust with DAA’s YourAdChoices Program Addressable Media Identifier (AMI) providers are required to certify compliance with the framework. Utilizing AMIs, you’ll be able to ensure relevant advertising, optimized outcomes, and critical analytics functionality while safeguarding consumer data privacy. While also providing consumers with real-time disclosures on data use and prohibited data uses across desktop or mobile environments. Ensure digital advertising streams across platforms Protect and align your advertising activities with industry standards and best practices. Be that desktop, mobile, connected TV, addressable audio, or smart devices – our team of experts are here to help efficiently guide your organization through the certification process and validate your compliance annually. Demonstrate privacy compliance, reduce risk, and build trust with an independent review powered by technology and delivered by privacy experts An experienced Global Privacy Solutions team member guides you through the assessment process, utilizing our proven methodology and powerful technology. Rely on a trusted expert to review your policies, procedures, and technology to review. A gap analysis, risk summary, and remediation recommendations are outlined to help you achieve compliance confidently in your self-certification. Use TrustArc’s platform to access a complete audit trail, including assessment tasks and supporting documentation. Streamline inquiry responses and maintain audit compliance. Digital Advertising Alliance Validation letter After completing the required changes to meet the standards, we authorize your use of the TRUSTe Validation Letter on your organization’s privacy notice or corporate website. ==================================================================================================== URL: https://trustarc.com/products/consent-consumer-rights/mobile-app-consent/ TITLE: Mobile App Privacy Consent Solutions | TrustArc TYPE: product --- Consent & Consumer Rights Manage user consent and provide transparency on user data for better mobile experiences TrustArc Mobile App Consent is designed to manage user consent for mobile apps and provide transparency into the third-party technologies responsible for collecting and sharing user data. Our solution simplifies mobile compliance efforts with the integration of an SDK. Know your app’s tracking activity and collect valid consent Identify and understand the third-parties collecting data from the mobile app. Supports global privacy regulations including GDPR and CCPA. Simply select Android or iOS and integrate the TrustArc SDK with the mobile app – including support for React Native and Flutter. Display the consent notice within the app, enabling end-users to easily adjust and update their preferences. Customizable preference center Align the consent notice with your company’s brand identity to deliver a seamless digital experience. Collect valid consent and display the relevant consent experience based on the end-user’s location and language settings. Learn how TrustArc can help you support mobile app compliance ==================================================================================================== URL: https://trustarc.com/future-privacy/ TITLE: Join TrustArc at IAPP Global Privacy Summit 2025 TYPE: page --- IAPP Global Privacy Summit 2025 | Washington, D.C. Your all-access privacy pass in Washington, D.C. for a standout experience at IAPP Global Privacy Summit 2025. Visit for live demos, exclusive swag, and a chance to win an Apple iPad Air. Don’t miss our Women Leading Privacy networking event and the Privacy Unplugged cocktail party! Privacy Unplugged: Cocktails, Connections & Confidential Conversations! After a full day of thought-provoking sessions at IAPP Global Privacy Summit, it’s time to switch from compliance mode to cocktail mode! Join TrustArc, CohnReznick, and Serious Privacy for an exclusive night of networking, noshing, and next-level conversations — all just a short walk from the conference venue. 1020 7th St NW, Washington, D.C. (2-minute walk from the Convention Center) Women powering privacy. Together. Join other women privacy leaders for this casual networking event that will feature great company and giveaways. April 23rd | 10:15 – 11 a.m. Room 103AB, Level 100 in Convention Center End-to-end privacy starts here Visit our booth to learn more about our solutions to manage end-to-end privacy — and a chance to win daily prizes. Exhibit Floor | Booth #1 – 2 April 22nd: 4:30 – 8 p.m. April 23rd: 8 a.m. – 6:30 p.m. April 24th: 8 a.m. – 2 p.m. Kick Off GPS with us at the FPF Spring Social on April 22! ==================================================================================================== URL: https://trustarc.com/solutions/migrate/ TITLE: Feeling Trapped? Switch to TrustArc! TYPE: solution --- Receive world-class customer success and support Choose a vendor who actually responds, listens, and answers. From a dedicated customer success manager and 24/7 platform support team to consulting and technical account management, our holistic portfolio of services can cover all your needs now or in the future! Let our team do the heavy lifting When it comes to migrating all of your data, even if it’s in the millions of records, we can easily migrate all of it! It’s effortless and easy with our turnkey replacement solutions, so your team is free to focus on more strategic aspects of your program. Get real long-term success Your privacy program journey and tech is important for long-term success and costs. Get real returns on your investments to ensure your compliance and avoid fines. Staying with privacy vendors with non-transparent pricing renewals and incomplete solutions can be a waste of time! ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/ccpa-cpra/ TITLE: CCPA Compliance Verification | TrustArc TYPE: product --- Assurance & Certifications The California Consumer Privacy Act (CCPA) remains one of the leading privacy regulations that business partners, customers, and regulators look at for compliance. Get validated by an independent third party that attests your privacy and data protection practices. Save time with trusted experts and technology Demonstrate privacy compliance, reduce risk, and build trust with an independent review powered by technology and delivered by privacy experts. Demonstrate compliance and build brand trust Share your Letter of Validation on your website, Trust Center, or directly from your Privacy Policy. Your CCPA Validation provides evidence when completing vendor assessment while saving you time and resources. Achieve privacy program ROI User our regulation-aligned templates built and continuously updated by our team of experts to augment your current policies and procedures. An experienced Global Privacy Solutions team member guides you through the assessment process, utilizing our proven methodology and powerful technology. Our team works with your organization to efficiently guide the discovery of necessary information and evaluates your privacy policies and practices against CCPA compliance. Rely on us to help you remediate gaps in your privacy program and leverage complementary access to relevant and curated operational templates to support your organization towards compliance. Use TrustArc’s platform to access a complete audit trail, including assessment tasks and supporting documentation. Streamline inquiry responses and maintain audit compliance. A TRUSTe certified Letter of Validation is provided to show regulators, partners, and customers validation against CCPA requirements. TrustArc will continue to provide ongoing guidance on your policies and privacy program. With these validations, we’ve further reinforced our commitment to data privacy, transparency, and compliance. – Senior Director, Privacy and Public Policy, ZoomInfo ==================================================================================================== URL: https://trustarc.com/products/consent-consumer-rights/trust-center/ TITLE: Unified Trust Center | TrustArc TYPE: product --- Speed up sales, mitigate risk Centralize all your essential external-facing privacy, legal, security, and compliance information — from subprocessor disclosures to SOC2 reports — for your buyers and customers to accelerate decisions and close deals faster. Save time and avoid delays: Make updates in real-time to empower your customers and buyers. No more 2-6 week waiting period per routine update. Reduce legal and regulatory risks: Outdated policies, disclosures, and notices aren’t just inconvenient — they can be liabilities. Reduce non-compliance, build trust, and avoid hefty fines. Support for WCAG 2.2 – Level AA and ADA guidelines to create accessible experiences for all users. ==================================================================================================== URL: https://trustarc.com/demo-request/ai-risk/ TITLE: Request an AI Governance Demo | TrustArc TYPE: page --- Elevate your AI governance with confidence Experience the power of robust, transparent AI governance Implementing AI governance is crucial for organizations navigating evolving regulation, ethical expectations, and reputational risk. TrustArc’s comprehensive AI governance solutions simplify and strengthen your governance of AI systems, helping you meet global mandates, demonstrate accountability, and embed responsible practices throughout your AI lifecycle. Our solution is designed to help you reduce risk, build trust, and scale responsibly, without adding complexity. Centralize AI governance controls Automate assessment, scoring, and mitigation of AI risks Align AI models to multiple global laws, standards & guidelines Generate evidence and reporting to support audits Enable stakeholder transparency and responsible use Scale governance as your AI ecosystem grows ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/gdpr-validation/ TITLE: Comprehensive GDPR Certification Process | TrustArc TYPE: product --- Assurance & Certifications The EU’s General Data Protection Regulation (GDPR) is one of the leading privacy regulations that business partners, customers, and regulators look at for compliance. Get validated by an independent third party that attests your privacy and data protection practices. Independent validation, proof of compliance Save time with trusted experts and technology Demonstrate privacy compliance, reduce risk, and build trust with an independent review powered by technology and delivered by privacy experts. We’ll work with you to efficiently kick-off validation to demonstrate compliance. Demonstrate compliance and build brand trust Share your Letter of Validation on your website, Trust Center, or directly from your Privacy Policy. Your GDPR Validation provides evidence when completing vendor assessment while saving you time and resources. Achieve privacy program ROI User our regulation-aligned templates built and continuously updated by our team of experts to augment your current policies and procedures. Flexible GDPR Validations We offer two complementary Validations. The GDPR Practice Validation is designed for organizations interested in validating a single business practice or department and includes a Privacy Notice review. Alternatively, a company-wide approach in our GDPR Program Validation covers an entire privacy program. An experienced Global Privacy Solutions team member guides you through the assessment process, utilizing our proven methodology and powerful technology. Our team works with your organization to efficiently guide the discovery of necessary information, including relevant data flows, and evaluating your privacy policies and practices against GDPR requirements. Rely on us to help you remediate gaps in your privacy program and leverage complementary access to relevant and curated operational templates to support your organization towards compliance. Use TrustArc’s platform to access a complete audit trail, including assessment tasks and supporting documentation. Streamline inquiry responses and maintain audit compliance. A TRUSTe certified Letter of Validation is provided to show regulators, partners, and customers validation against GDPR requirements. TrustArc will continue to provide ongoing guidance on your policies and privacy program. The GDPR Validation shows that our privacy program has been reviewed and validated by a leading authority on data privacy so our customers can rest easy knowing their information is safe. – Feyzi Celik, CEO, OnePIN With these validations [GDPR and CCPA], we’ve further reinforced our commitment to data privacy, transparency, and compliance. – Senior Director, Privacy and Public Policy, ZoomInfo ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/data-privacy-framework/ TITLE: EU-U.S. Data Privacy Framework | TrustArc TYPE: product --- Privacy-compliant data flows DPF-verified companies are able to ensure compliant data mechanisms from the EU and UK to the US. This means no delay in business operations across your markets. DPF ensures you have structured your privacy program to comply with international data transfer commitments to future-proof yourself and most importantly operationalizes the requirements of SCCs, GDPR, and other global privacy laws (including in the U.S.). Increased privacy maturity Adhering to DPF ensures that your organization has a mature and well implemented privacy program, a program with principles that adhere to privacy principles that are interoperable with other domestic and international privacy regulations ==================================================================================================== URL: https://trustarc.com/consumer-information/dispute-resolution-faqs/ TITLE: Privacy Dispute Resolution FAQs | TrustArc TYPE: page --- Dispute Resolution Process Who can file a complaint? Who are the parties in a complaint? What constitutes an eligible complaint? What constitutes an ineligible complaint? Is TRUSTe obliged to consider all filed complaints? What remedies are available to me as a Complainant? How do I file a complaint? What happens during the Dispute Resolution process? When does TRUSTe close a complaint? Dispute Resolution — Appeals Process How do I appeal the decision on a complaint? What happens after I file an appeal? Who can file a complaint? Any individual may file a complaint against a TRUSTe Client through the Dispute Resolution program. Who are the parties in a complaint? : The individual complaining about either a Client’s misuse of personally identifiable information ( ) or a violation of its privacy statement : The company about which the Complainant is complaining What constitutes an eligible complaint? In order for a complaint to be considered eligible in the program, all of the following must be true: The complaint is about a company that holds an authentic TRUSTe seal or has contracted for TRUSTe Dispute Resolution services The Complainant has already made a good-faith attempt to resolve the problem directly with the Client The complaint raises an online privacy issue that affects the personally identifiable information of either the Complainant or that of an individual for whom the Complainant is parent or legal guardian. The privacy complaint alleges that the Client collected, used or disclosed the personally identifiable information in a manner inconsistent with its published online privacy statement The privacy complaint is in English or the Client has secured appropriate translation services The privacy complaint is lodged with TRUSTe via the Dispute Resolution form on the TRUSTe website What constitutes an ineligible complaint? A complaint that either doesn’t satisfy the criteria for an eligible complaint OR has any of the following characteristics is ineligible to be considered in the TRUSTe Dispute Resolution program: The privacy complaint seeks only monetary damages The privacy complaint alleges fraud or other violations of statutory or regulatory law The privacy complaint has been resolved under a previous court action, arbitration, or other form of dispute resolution Is TRUSTe obliged to consider all filed complaints? TRUSTe reviews all complaints properly filed via our Dispute Resolution mechanism; however, TRUSTe is obligated to pursue any complaint that it deems frivolous or that constitutes harassment of either TRUSTe or a TRUSTe client. TRUSTe defines a frivolous complaint as one that either has no factual basis, or that does not relate to any obligations imposed by the TRUSTe License Agreement. Harassing complaints include successive complaints based on allegations that TRUSTe has previously addressed, or complaints filed with TRUSTe employees other than those designated by TRUSTe to receive complaints. What remedies are available to me as a Complainant? Based upon the facts of a particular complaint, TRUSTe may do any or all of the following: Require the Client to either correct or modify personally identifiable information, or change user preferences Require the Client to change its privacy statement or privacy practices Require the Client to submit to a third-party audit of its privacy practices to ensure both the validity of its privacy statement and that it has implemented the corrective action that TRUSTe required TRUSTe cannot require a client either to pay monetary damages or to take steps that would require the client to violate legal requirements imposed on it. How do I file a complaint? To register a complaint with TRUSTe, you must complete the online Dispute Resolution form . Please do NOT include sensitive personal information, such as credit card numbers, passwords, government-issued identification protected health information or other sensitive information. Dispute Resolution complaints cannot be opened by e-mail or phone. In certain situations, TRUSTe accepts Dispute Resolution complaints about the offline privacy practices of a Client via postal mail or fax–the Client site or application will include instructions in its privacy notice in that case. After you file your Dispute Resolution complaint on TRUSTe’s website, the TRUSTe Dispute Resolution and Appeal processes are carried out by email. TRUSTe’s system will assign your complaint a unique complaint number and notify you of it. Please be sure to include the complaint number in the subject line of all emails you send to TRUSTe thereafter. What happens during the Dispute Resolution process? TRUSTe attempts to mediate and resolve eligible privacy concerns that arise from a consumer’s use of a TRUSTe client’s website or other enrolled services. Before you can begin the following process, you must first attempt to resolve your problem by addressing your complaint directly with the TRUSTe client and allow them time to respond. You file a complaint with TRUSTe If you are dissatisfied with the Client’s handling of your complaint after allowing them time to respond, you can file a complaint – the first step in the TRUSTe Dispute Resolution process. TRUSTe will review the information you submitted through the online Dispute Resolution form and determine whether your complaint is eligible for action. Information you submit as the Complainant must include a description of your interaction with the client about your problem. This information must be sufficiently complete to permit TRUSTe and, if required, the Client to evaluate the complaint adequately. As a Complainant, you must clarify whether you want TRUSTe to share the specifics of your complaint – including your name – with the Client. If you do not want this information to be shared with the Client, TRUSTe’s ability to rectify the situation may be hindered. TRUSTe determines whether the complaint is eligible TRUSTe will inform you within 10 business days whether your complaint meets the eligibility requirements, or whether TRUSTe needs further information to make such a determination (See What is an eligible complaint? ). If TRUSTe determines that your complaint is ineligible, you will be emailed a written explanation. TRUSTe collects and examines information on the dispute TRUSTe will be the sole judge of whether the information you provided as a Complainant is sufficient to open an investigation. TRUSTe may contact you for additional information that would assist us in addressing your complaint. You would have 14 calendar days from our contacting you to provide this additional information. If you do not provide this information, TRUSTe will close the complaint. NOTE: A Client or Complainant may ask to submit information to TRUSTe with a request that the information not be made available to the other party. Please contact us to request special instructions for submitting such information; your request for instructions must be prominently marked with “Request for Instructions to Submit Confidential Information” and must confirm that the information you seek to submit is not publicly available. TRUSTe will protect confidential information obtained through the Dispute Resolution program in the same way that it protects its own confidential information. D. The Dispute Resolution process goes forward For Dispute Resolution complaints where TRUSTe indicates that it is notifying the Client, TRUSTe will request response from the client within 14 calendar days. TRUSTe will review the nature of the site’s response and update the ticket about next steps or TRUSTe’s determination. If TRUSTe considers the Client’s response to be insufficient, it may request additional information from the Client. TRUSTe may, in its sole discretion, extend any of the time periods discussed above. TRUSTe is not obligated to consider information it receives after any specified deadline or extension of time. Once TRUSTe, in its sole judgment, has made a final determination about the complaint, it will update the ticket, copying the Complainant and, if the Client was copied, also the Client. Once TRUSTe sends notice of its determination and indicates that it has closed a Dispute Resolution complaint, the Complainant or the Client have 14 calendar days to file an appeal as discussed below. If Client fails to answer a complaint If a Client fails to answer a complaint with a timely response, TRUSTe will send the Client a second notice and attempt phone notification. If the issue remains unresolved, TRUSTe may: Withdraw or suspend the Client’s certification Refer the matter to the appropriate government agency depending on the nature of the complaint; and/or Take other action as appropriate When does TRUSTe close a complaint? TRUSTe will close a complaint when it has issued its final determination. How do I appeal the decision on a complaint? Appeals must be submitted within 14 calendar days of receiving TRUSTe’s e-mail notice that TRUSTe is closing the complaint. The email address to use for filing an appeal with TRUSTe is and must include the complaint number in the subject line of the appeal request. The party filing the appeal must explain, in a statement not to exceed 1000 words, why TRUSTe’s final determination of the complaint should be overturned. (“Appeal Statement”). Note: TRUSTe’s determination about whether an issue falls within the scope of its privacy programs is final, and is not subject to appeal via the Appeals Process. What happens after I file an appeal? Upon receiving an appeal, TRUSTe’s Compliance Director will review the complaint and determine within 10 business days whether the complaint is eligible to be reopened for further investigation. For example, TRUSTe may reopen an investigation if the consumer reports substantive new information that a resolution a client indicated was applied has ceased having effect. After TRUSTe’s Compliance Director completes TRUSTe’s review, TRUSTe may direct the other party to respond by e-mail within 10 business days thereafter, explaining in a statement not to exceed 1000 words why TRUSTe’s final determination should be sustained, or supplying responses to specific questions from TRUSTe. The party filing the original appeal will be notified if TRUSTe is seeking information from the other party. If TRUSTe’s Compliance Director determines that the original complaint disposition was proper according to TRUSTe processes, and introduces no substantive new information that could not have been raised earlier, or finds no other basis for appeal, the Compliance Director will request review by a senior member of the TRUSTe Management Team of the issue appealed, and TRUSTe will respond with its final appeals determination within 10 business days. ==================================================================================================== URL: https://trustarc.com/products/privacy-data-governance/assessment-manager/ TITLE: Customizable Data Privacy Assessment Software | TrustArc TYPE: product --- Simplify and accelerate privacy risk & vendor assessments Your privacy program is shaped by unique regulatory obligations, business processes, vendors, and internal workflows. TrustArc’s Assessment Manager streamlines these privacy and vendor assessments with configurable, automated tools—built specifically to match your organization’s processes and scale your program effectively. Fully customizable assessments tailored to your privacy program Assessment Manager makes it easy to configure assessment templates, customize question types, and dynamically adjust response flows. Quickly identify privacy gaps, assign remediation tasks, and manage completion status—all within one intuitive solution. Easily track your assessment progress, document tasks for audits, and produce structured reports (e.g., DPIAs, PIAs) aligned to regulatory requirements and your internal privacy goals. Clearly highlight and address potential privacy risks Assessment Manager streamlines your assessment workflow by surfacing high-risk responses and automatically assigning follow-up tasks to the right teams. Track progress, update assessment statuses, and keep risks from slipping through the cracks. When used with TrustArc’s , tasks and risk updates feed into a near real-time view of your overall privacy risk posture. Easily assess privacy risk Pre-built expert templates Save time with 10+ ready-to-use privacy assessments—including DPIAs, PIAs, vendor risk, transfer impact assessments, AI risk reviews, and more—continuously updated by TrustArc’s in-house privacy experts as regulations evolve. Streamline your assessment processes with automated conditional logic and task triggers. Dynamically surface relevant questions based on responses, simplify follow-up actions, and eliminate manual spreadsheet tracking. Structured assessment reporting Quickly generate clear reports (including Executive Summaries, Assessment Status Reports, and Detailed Assessments) to measure operational KPIs, manage remediation tasks, and demonstrate assessment compliance internally and externally. With TrustArc, the ability to manage data subject requests in combination with data inventory and risk assessments is key. Director of Privacy and Cybersecurity TrustArc’s robust risk assessment and mitigation features are exceptional. TrustArc assessments are helpful in gathering and analyzing data from multiple sources, allowing us to gain greater insight into our business operations and make smarter decisions about long-term strategies. Assessment Manager allows us to better streamline the PIA process so that no new processes slip through the cracks. It has made it significantly easier to manage PIAs between all of the people who need to access and review it, from submission to completion. Honestly, It is a time and cost-saving platform for data privacy management, security assessment, and workflow management. Its user-friendly interface makes it easy to use and navigate without the need for any additional documentation. Take the pain out of risk assessments Say goodbye to slow manual processes, homemade privacy assessments using survey tools, or error-ridden spreadsheets for tracking. Start using specialized privacy-first assessment management software designed to automate and streamline your workflow to make life easier. ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/truste-enterprise-privacy/ TITLE: Enterprise Privacy Certification | TrustArc TYPE: product --- Secure data privacy compliance The certification process uncovers privacy compliance risks and provides detailed recommendations from a global privacy expert to close gaps and reduce risk. Our privacy experts work with you to find the operational solutions that fit your organization, along with supplying relevant curated operational templates (e.g., sample privacy notice language). While also providing continuous compliance guidance and annual reviews. Industry recognized credibility Our established, industry-standard TRUSTe seal is one of the most recognized ways of demonstrating privacy compliance. Once certified, implement the seal easily on your digital properties (e.g., your website). Our seal has had 10s of billions of impressions and our team has completed over 10,000 certifications for global organizations. ==================================================================================================== URL: https://trustarc.com/company/careers/ TITLE: Data Privacy Careers | TrustArc TYPE: page --- We are looking for talented and motivated people who want to help us shape the future of privacy, and who are committed to delighting our clients. If you’re looking for a great place to work that celebrates innovation, leadership and creativity, please contact us. TrustArc is headquartered in California and backed by a global team across the Americas, Europe, and Asia. Leading provider of privacy management solutions with thousands of clients worldwide. Talented and proven executive team who know how to build profitable businesses and funding by leading venture firms Accel, Icon Ventures, and Bregal Sagemount. A competitive pay and benefits package that includes base pay, and variable pay (bonus or commission). Dedicated employee team who plan fun events, employee-nominated awards with cash prizes. Unlimited paid time off, so you can rest and enjoy well-deserved vacation time. Fantastic cafeteria-style benefits plan that includes health, dental, vision, life insurance, and Healthcare Savings Account matching (US only). Work alongside the brightest in privacy. From Engineering to Services and everything in between. ==================================================================================================== URL: https://trustarc.com/iapp-global-privacy-summit-2025/ TITLE: Join TrustArc at IAPP Global Privacy Summit 2025 TYPE: page --- IAPP Global Privacy Summit 2025 | Washington, D.C. Your all-access privacy pass in Washington, D.C. for a standout experience at IAPP Global Privacy Summit 2025. Visit for live demos, exclusive swag, and a chance to win an Apple iPad Air. Don’t miss our Women Leading Privacy networking event and the Privacy Unplugged cocktail party! Privacy Unplugged: Cocktails, Connections & Confidential Conversations! After a full day of thought-provoking sessions at IAPP Global Privacy Summit, it’s time to switch from compliance mode to cocktail mode! Join TrustArc, CohnReznick, and Serious Privacy for an exclusive night of networking, noshing, and next-level conversations — all just a short walk from the conference venue. 1020 7th St NW, Washington, D.C. (2-minute walk from the Convention Center) Women powering privacy. Together. Join other women privacy leaders for this casual networking event that will feature great company and giveaways. April 23rd | 10:15 – 11 a.m. Room 103AB, Level 100 in Convention Center End-to-end privacy starts here Visit our booth to learn more about our solutions to manage end-to-end privacy — and a chance to win daily prizes. Exhibit Floor | Booth #1 – 2 April 22nd: 4:30 – 8 p.m. April 23rd: 8 a.m. – 6:30 p.m. April 24th: 8 a.m. – 2 p.m. Kick Off GPS with us at the FPF Spring Social on April 22! ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/ TITLE: Privacy Certifications & Assurance Programs | TrustArc TYPE: product --- Leverage an official letter of Attestation for transparent regulatory compliance, bolstered stakeholder communication, and impactful third-party assurance, enhancing your organization’s competitive edge. TRUSTe Certified Privacy Seal Authorized use of the TRUSTe Certified Privacy seal of display on approved privacy notices and digital properties linking to that notice. The seal is hosted and linked to a TRUSTe Validation Page to provide real-time verification along with an easily understood consumer notice on your certification. Use our Dispute Resolution Service to handle privacy issues with your users. Our TRUSTe program manages thousands of requests globally each year. Embed the TRUSTe Privacy Feedback Button to enable instant consumer interaction. ==================================================================================================== URL: https://trustarc.com/free-trial/nymity-research/ TITLE: Free Trial: Nymity Research | TrustArc TYPE: page --- Nymity Research – reduce your legal and regulatory research Premier regulatory database and insights Save time and costs with digestible legal summaries covering 244+ global jurisdictions, along with 800+ operational templates. Access daily updates and actionable insights written by trusted in-house privacy and legal experts with 400+ years of combined trusted expertise. During your trial unlock: Daily regulatory and privacy email alerts Morrison & Foerster legal summaries Expert breakdown of all privacy related topics Multi-Jurisdiction analysis and law comparisons 50,000+ references and case laws Visual compliance mapping Customizable dashboards and email alerts Detailed compliance reports Regulatory enforcement tracker 800+ ready-to-use operational templates “TrustArc’s strength for me has always been the supreme quality of their research tools. The templates and depth of legal analysis just can’t be found at competitors (and I’ve tried them).” – Verified G2 user, IT and Services “Fantastic depth, diversity of content, detail, and organization. For data-related compliance knowledge. I haven’t seen anything that even comes close.” – Business Project Manager, Non-Profit Company ==================================================================================================== URL: https://trustarc.com/nymityai/ TITLE: Nymity Research: Free Account Request | TrustArc TYPE: page --- NymityAI: Your Premier Privacy Research Co-Pilot Welcome to the future of privacy, legal, and data compliance navigation with NymityAI, an award winning AI-copilot in Nymity Research. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. AI-powered co-pilot by the industry’s best-in-class advanced AI technology Get expert privacy and legal answers instantly – drastically reducing your research time 50,000+ references built over 28 years by trusted privacy experts offering extensive knowledge and insights on privacy laws Intuitively retrieve the answers to your privacy and legal questions. Reference citations and past chats anywhere in the TrustArc platform NymityAI has become my go-to for fast, reliable privacy research. Whether I’m clarifying regulatory requirements, exploring best practices, or supporting internal questions, it gives me instant access to the information I need – saving hours and boosting confidence in fast-paced decisions. – Privacy Manager, Public Agency Unlock the power of NymityAI and transform your privacy legal research Meet your new best friend with NymityAI No more waiting. It’s time to experience the future of privacy management. As your personalized legal research navigator, NymityAI revolutionizes how you conduct privacy research. Leveraging advanced AI, you can now get expert answers in seconds—streamlining your process, saving time, and cutting through the complexity of the evolving privacy landscape. Built on privacy’s largest research database, NymityAI puts 28+ years of trusted expertise and 50,000+ continuously updated references at your fingertips. Make smarter, faster decisions with the assurance that you’re always up to date. Start using NymityAI today. ==================================================================================================== URL: https://trustarc.com/products/managed-services/privacy-consulting-team/ TITLE: Expert Data Privacy Consulting & Strategy Team | TrustArc TYPE: product --- TrustArc's Expert Consultants 1,000+ successful engagements, 200+ years of wisdom With over 200 years of collective privacy experience at globally recognized companies, our team of data privacy experts have a wealth of practice and hand-ons experience. Our team has completed 1,000+ successful engagements for global companies at all levels of maturity in the U.S., Canada, Europe, and Asia-Pacific. Our team members have CIPP and security certifications, including prestigious Fellow of Information Privacy (FIP) standing. TrustArc’s unique offering of both an award-winning technology platform AND practical consulting expertise creates an opportunity for us to partner with any size business, from start-ups to multinational corporations, and deliver a practical approach to establishing and maintaining a privacy compliance program. Our approach is centered around four core benefits: Every TrustArc data privacy consultant has experience working as a privacy practitioner, most with a decade or more of direct experience inside some of the world’s largest companies and most respected brands across a wide range of industries. Every one of our data privacy consultants is a true subject matter expert with direct personal experience solving the most challenging data privacy issues. Consulting flexibility, fixed budget Our consulting services flex to meet your business needs as your privacy program matures, priorities shift, and internal resources change. At the same time, most of our engagements are delivered on a no-surprises, fixed-price basis. Reliable engagement management Over the course of more than 1000 consulting engagements, TrustArc has built a time-tested set of project-based consulting offerings with defined levels of effort and realistic delivery timelines that help ensure projects come in on-time and on-budget. Consulting plus technology Our unique mix of technology-based solutions and tailored consulting services help companies identify best-of-breed solutions that are right-sized for today and scalable for your future privacy program needs. Beth has two decades of experience as a privacy and compliance professional working in various leadership roles focusing on data privacy, data security and risk. She is a Fellow of Information Privacy (FIP) with the IAPP and also holds their Privacy Professional and Certified Information Privacy Manager credentials and was one of the original members of TrustArc’s Privacy Consulting team. Data privacy experts for North America Senior Privacy Consultant CIPM, CISSP, Security+ & Network+ Senior Privacy Consultant Senior Privacy Consultant Senior Privacy Consultant HCISPP, CISSP, CCSP, CISM, CISA Europe, Middle East, and Africa Senior Privacy Consultant CIPM, CIPT, CIPP/E, BSi LA, CISMP (Dis), FIP Senior Privacy Consultant ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/truste-data-collection/ TITLE: Data Collection Privacy Certifications | TrustArc TYPE: product --- Assurance & Certification TRUSTe Data Collection Certification Designed for advertising companies to provide a direct relationship with end users and their preferences, while demonstrating compliant data collection from websites, mobile applications, and online channels. Digital advertising compliance globally Robust multi-framework standard Based on self-regulatory principles for Online Behavioral Advertising and applicable to mobile devices, cross-app data, and mult-site data, this framework ensures organizations in the ad tech industry proactively adhere to industry standards. Industry recognized credibility Our established, industry-standard TRUSTe seal is one of the most recognized ways of demonstrating privacy compliance. Once certified, implement the seal easily on your digital properties (e.g., your website). Our seal has had 10s of billions of impressions and our team has completed over 10,000 certifications for global organizations. Expert guidance and assistance Our privacy experts work with you to uncover privacy compliance to find the operational solutions that fit your organization. Demonstrate privacy compliance, reduce risk, and build trust with an independent review powered by technology and delivered by privacy experts. An experienced Global Privacy Solutions team member guides you through the assessment process, utilizing our proven methodology and powerful technology. We leverage our years of experience to provide you with remediation insights to complement the gap analysis provided. Complementary access to relevant and curated operational templates can simplify your certification process. We then validate your company’s privacy notices to ensure accurate reflection of your updated privacy practices and meet required standards. Ongoing guidance and dispute resolution services TRUSTe will conduct ongoing compliance monitoring during the certification period, including an annual review. Utilize our third party dispute resolution service to mediate privacy issues. Get a report with gap analysis and actionable recommendations for compliance. Enhance your privacy posture with essential steps. Use TrustArc’s platform to access a complete audit trail, combining assessment tasks and supporting documentation. Streamline inquiry responses and maintain audit compliance. Leverage an official letter of Attestation for transparent regulatory compliance, bolstered stakeholder communication, and impactful third-party assurance, enhancing your organization’s competitive edge. TRUSTe certified privacy seal Authorized use of the TRUSTe Certified Privacy seal of display on approved privacy notices and digital properties. The seal is hosted and linked to a TRUSTe Validation Page to provide real-time verification along with an easily understood consumer notice on your certification. Use our Dispute Resolution Service to resolve privacy issues with your users. Our TRUSTe program manages thousands of requests globally each year. Embed the TRUSTe Privacy Feedback Button to enable instant consumer interaction. ==================================================================================================== URL: https://trustarc.com/consumer-information/data-privacy-framework/ TITLE: What is the EU-U.S. and Swiss-U.S. Data Privacy Framework | TrustArc TYPE: page --- What are the EU-U.S. DPF, UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF? “The United States, the European Union (EU), the United Kingdom (UK), and Switzerland share a commitment to enhancing privacy protection, the rule of law, and a recognition of the importance of transatlantic data flows to our respective citizens, economies, and societies, but take different approaches to doing so. Given those differences, the Department of Commerce (DOC) developed the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. Data Privacy Framework (UK Extension to the EU-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) in consultation with the European Commission, the UK Government, the Swiss Federal Administration, industry, and other stakeholders. These arrangements were respectively developed to provide U.S. organizations reliable mechanisms for personal data transfers to the United States from the European Union, the United Kingdom, and Switzerland while ensuring data protection that is consistent with EU, UK, and Swiss law.” (U.S. Department of Commerce). Organizations that only wish to self-certify their compliance pursuant to the EU-U.S. DPF and/or the Swiss-U.S. DPF may do so; however, organizations that wish to participate in the UK Extension to the EU-U.S. DPF must participate in the EU-U.S. DPF. Understanding the TRUSTe Role TRUSTe provides dispute resolution services to participating companies under the EU-U.S. DPF, UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF. For more information about dispute resolution and enforcement under the Data Privacy Framework (DPF) Program, please To file a Data Privacy-related complaint, please To learn more about the timeframe in which complaints are processed, a description of potential remedies, and other FAQs please For more information about EU-U.S. DPF, UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF, please To view our Annual Independent Recourse Mechanism Annual Report ==================================================================================================== URL: https://trustarc.com/solutions/privacy-program-management/ TITLE: Automate & Maintain Your Privacy Program | TrustArc TYPE: solution --- Privacy Program Management Complying with multiple regulations? When complying with the many (ever-changing) data privacy laws and regulations, the manual effort and costs for compliance can be huge. It’s no surprise that it costs a company an average of $15-60k or more to comply with each new data privacy law in the U.S alone. Move away from manual tracking using specialized privacy and governance software to quickly achieve compliance and maximize auditing efficacy. Streamline your privacy program Get on-demand actionable KPIs and reporting mechanisms so your compliance gaps are evaluated and resolved quickly and efficiently with the help of automation. A combination of privacy automation, intelligence, and reporting view unlocks new possibilities for your privacy program to scale for years to come. Automate up to 80% of your compliance efforts PrivacyCentral’s auto-law identification helps you understand relevant privacy and security regulations and standards. Easily audit yourself and demonstrate accountability with attestations against 20k privacy and security controls. Controls-based frameworks The controls-based frameworks automatically identify commonalities among multiple privacy laws, regulations, frameworks, and standards — eliminating potentially 30% or more of duplicate work. Streamline tracking, evidence gathering, and compliance. Utilize relevant Operational Templates to operationalize quickly including sample policies, checklists, to incident response plans. Leverage on-demand benchmarking and executive reporting to demonstrate accountability. Measure and choose your organizational baseline when it comes to compliance standard readiness. Nymity Research: Understand your obligations Save time and costs with digestible legal summaries covering 244+ global jurisdictions, along with 800+ operational templates. Connect your privacy program across 300 systems Automate privacy workflows between TrustArc and tools like Salesforce, ServiceNow, Power BI, and Microsoft Dynamics. Sync consents, trigger tasks, and keep your systems aligned without writing code. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. ==================================================================================================== URL: https://trustarc.com/solutions/consumer-preference-management/ TITLE: How to Manage Customers’ Data Privacy At Scale | TrustArc TYPE: solution --- Consumer Preference Management Can you manage customers’ privacy preferences at scale? Consumers demand more data privacy protection and transparency than ever – when you deliver, you set your brand apart. Differentiate with brand trust Consumer attitudes around privacy are evolving and driving decision-making and purchases more than ever. It’s important for businesses to evolve in order to meet customer preferences by decreasing reliance on third-party data and leaning into building first-party data sources. This means building out your marketing ecosystem to collect opt-outs and opt-in across all of your channels (email, mobile app, and other third-party systems), maintaining advertising compliance with targeted ads and profiling, and creating compliant HR data systems to acknowledge employee consent for HRIS and financial systems. of consumers have changed providers due to data & privacy policies of consumers question if companies take accountability for data misuse of consumers show loyalty to brands they trust with their data Protect customer privacy at every touchpoint Brands who provide compliant, transparent, and positive consent experiences for online users have a competitive advantage over those who don’t. Conversely, confusing or opaque preference management creates a bad user experience that can increase opt-outs and be a drag on your brand. Personalizing consent prompts, data privacy intake forms, and a universal trust center improves consumer experiences. Data collection visibility and providing customers with control on data preferences shows transparency and builds brand trust. Automate preference management across your entire marketing ecosystem of third party vendors for efficiency. Localization of compliant intake forms in accordance to regulations (e.g., CCPA, EU GDPR, LGPD, PIPEDA, ePrivacy, and more). Streamline customer consents & preferences TrustArc’s Consent and Preference Manager is a privacy-first preference center that enables real-time syncing of your users’ consent and first-party data across your marketing and vendor ecosystem with Rapid API. Empower your consumers with a single location to view their consents and update their preferences for greater transparency. Provide a tailored brand experience while easily tracking consent history against customer profiles, creating audit trails and reducing your effort to manage consumer preferences, improving consumer experience and increasing compliance. Sync consumer preferences across your business Connect TrustArc with Salesforce, Adobe, Microsoft Dynamics, and hundreds of other systems. Keep preferences up to date everywhere, automate consent syncs, and simplify compliance without writing code. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Cookies, consent, and compliance ==================================================================================================== URL: https://trustarc.com/solutions/data-subject-request-automation/ TITLE: Automate Data Subject Request (DSR) | TrustArc TYPE: solution --- Protect against fines, litigation, and non-compliance Managing DSR requests is time-consuming and complex, and failure to comply with data privacy regulations can lead to litigation and fines is real — to date, one of the biggest fines levied in the EU ($10.2 million) was against the Austrian Postal Service for failure to fulfill data subject rights properly. Across 24+ jurisdictions with data privacy laws that require DSRs, there are also a wide range of stipulated time frames that companies must comply with and request types: TrustArc helps you fully comply with global privacy regulations such as GDPR, CCPA, and others by automating DSR fulfillment in a secure, efficient, and scalable manner. ==================================================================================================== URL: https://trustarc.com/iapp-ai-governance-global/ TITLE: TrustArc at IAPP AI Governance Global 2025 – AI & Privacy Experts TYPE: page --- IAPP AI Governance Global | Boston, MA Bringing New Intelligence to AI Governance & Privacy Join TrustArc at IAPP AI Governance Global 2025 in Boston as we showcase how to manage AI governance with confidence, leverage the power of AI for intelligent privacy operations, and demonstrate your commitment to responsible AI. Stop by Booth #19 for hands-on demos, daily prizes, and fresh insights into the future of AI and privacy. Cocktails, Conversation & Connections After a full day of deep dives into AI and governance, it’s time to refresh, relax, and recharge. Join TrustArc and Mintz for an exclusive evening of cocktails, conversations, and casual networking just minutes from the conference. Whether you’re in town for AIGG or a Boston local, this is your chance to unwind in good company. The Sporting Club Restaurant and Bar 450 Summer St, Boston, MA 02210 (Short walk from the conference venue) September 18th | 6:30 p.m. Celebrating Women Leading in Privacy & AI Governance Join us for a special Women in Privacy gathering at AIGG 2025, where we’ll celebrate and spotlight the leaders shaping the future of AI and privacy. Connect, share insights, and be inspired by the voices driving innovation and ethical practices in our field. Sept. 18th | 10:45 – 11:30 a.m. Location: Lewis Ballroom, Harbor Level Where AI Governance Gets Real (and Rewarding) Stop by the Booth 19 to explore how we’re bringing new intelligence to AI governance and privacy. Get hands-on with live AI demos, grab some great swag, and enter for a chance to win our daily prizes — all while learning how to manage AI risk with confidence. Exhibit Floor Booth | #19 Sept. 18th: 8:00 a.m. – 6:30 p.m. Sept. 19th: 8:00 a.m. – 3:45 p.m. The Westin Boston Seaport District 425 Summer Street Boston, MA 02110 ==================================================================================================== URL: https://trustarc.com/powerup-giveaway-rules/ TITLE: PowerUp Giveaway Rules | TrustArc TYPE: page --- NO PURCHASE NECESSARY TO ENTER OR WIN. This giveaway is open to individuals who are 18 years or older at the time of entry and legal residents of the United States, Canada (excluding Quebec), and the European Union. Employees of TrustArc, its affiliates, subsidiaries, advertising and promotion agencies, and immediate family members or those living in the same household are not eligible to participate. Void where prohibited by law. The giveaway is sponsored by TrustArc Inc., located at 2121 N. California Blvd., Suite 290, Walnut Creek, CA 94596. Agreement to Official Rules: By participating, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the giveaway. Monday, September 30, 2025, at 12:00 am Pacific Time Sunday, November 16, 2025, at 11:59 pm Pacific Time (the “Promotion Period”). The promotion consists of Weekly Entry Periods, beginning Monday at 12:00 am PT and ending the following Sunday at 11:59 pm PT. Entries submitted before or after the Weekly Entry Period will not be eligible for that week’s drawing. During each Weekly Entry Period, participants may earn up to one (1) entry per person: Watch the short video provided in the campaign email series and/or and complete the accompanying Q&A form. Maximum of one (1) entry per person per Weekly Entry Period (one from the Q&A). Any attempt to obtain additional entries by using multiple/different email addresses, identities, or other methods will void all of that participant’s entries. One (1) winner will be selected each week to receive a (Approximate Retail Value: $25 USD). Total number of prizes corresponds to the number of Weekly Entry Periods during the Promotion. The winner agrees to allow the Sponsor to use their name, likeness, and entry for promotional purposes in any media without further compensation, unless prohibited by law. Release and Limitations of Liability: By participating, entrants agree to release and hold harmless TrustArc Inc., its affiliates, employees, and agents from any liability, injury, or damage arising out of participation in the giveaway or acceptance, use, or misuse of the prize. This giveaway is governed by the laws of the State of California, without regard to conflict of law principles. Any disputes will be resolved exclusively in the courts of California. Information collected from entrants is subject to the Sponsor’s privacy policy, available at https://trustarc.com/privacy-policy/ Sponsor reserves the right to cancel, suspend, or modify the giveaway if fraud, technical failures, or any other factor beyond Sponsor’s control impairs the integrity of the giveaway. For questions or a copy of these Official Rules, please contact ==================================================================================================== URL: https://trustarc.com/products/adchoices/ TITLE: AdChoices Privacy Program | TrustArc TYPE: product --- What is AdChoices and the blue icon? Many websites contain advertising which the website publisher uses to help cover the costs of operating the site and services they offer. The website allows other companies to advertise their products and services. Some ads are selected based on your past browsing activity – and are often called online behavioral ads or interest based ads. TrustArc does not control the ads or content you see on any websites (other than www.trustarc.com), but does help power the AdChoices service which enables you to control the type of ads you see online. When you see an ad online, and there is a blue triangle in the upper right corner, it means the ad is an online behavioral ad (OBA). A sample ad is shown below. If you click on the icon, a new window will open with some additional information on how the ad was selected for you. A sample informational notice is shown below. If you want to control the use of OBA on the website you are visiting, you can click on “Set Your Ad Preferences” and a new window will open which provides several options to control the types of ads you see. Please keep in mind that AdChoices provides control over whether you will see ads based on your past browsing activity – if you opt out of OBA you will continue to see ads on the site, but they will not be based on your browsing activity. Questions about ads on a website? If you have questions or concerns about the ads you see on a website, contact the operator of the website you are visiting. TrustArc does not have any control over the type of advertising displayed on the websites you visit. Questions about the AdChoices program? If you have additional questions on the AdChoices program, visit https://youradchoices.com/ ==================================================================================================== URL: https://trustarc.com/consumer-information/privacy-certification-standards/ TITLE: Data Privacy Certification Standards | TrustArc TYPE: page --- TRUSTe Data Privacy Certification Standards Our Data Privacy Certification and Assurance programs help organizations demonstrate compliance with privacy regulations while developing strong data protection practices. Creating consistency with the TrustArc Framework TrustArc offers a set of privacy and data protection certification and assurance programs that enable organizations that collect or process personal data to demonstrate responsible data protection practices consistent with regulatory expectations and standards for privacy accountability. The privacy certification programs are developed using both the TrustArc Privacy & Data Governance Accountability Framework standards and the jurisdictional laws and regulations requirements. The Framework is based upon globally recognized international security standards and data privacy laws, such as: EU General Data Protection Regulation (GDPR) U.S. Health Insurance Portability and Accountability Act (HIPAA) See how a framework-based certification can amplify your privacy protection operations and demonstrate legal compliance. Privacy certification standards Global Cross-Border Privacy Rules (Global CBPR) Our program is designed to support the trusted, accountable and secure flow of data across borders under the Global CBPR Forum, which has evolved from the APEC CBPR system. It enables data Controllers to demonstrate compliance with internationally recognized standards for data protection and cross-border transfers. Learn more about our program Global Privacy Recognition for Processors (Global PRP) This program is intended for Processors seeking to demonstrate their capacity to implement robust privacy safeguards and support data Controllers in meeting their Global CBPR obligations. It helps Controllers identify trusted, accountable Processors in line with global expectations. Learn more about our program APEC Cross Border Privacy Rules (CBPR)* Our program is designed to ensure the continued free flow of personal data across Asia-Pacific Economic Cooperation member country borders, while establishing meaningful protection for the privacy and protection of sensitive data – this is a certification for data Controllers. Learn more about our program APEC Privacy Recognition for Processors (PRP)** This program is designed for Processors to demonstrate their ability to support data Controllers in compliance with the APEC CBPR and help Controllers identify qualified and accountable Processors. Learn more about our program This program is designed based on the TrustArc Privacy & Data Governance Framework, which aligns with major global privacy standards and laws, such as the OECD Privacy Guidelines, the APEC Privacy Framework, the EU General Data Protection Regulation (GDPR), the U.S. Health Insurance Portability and Accountability Act (HIPAA), and ISO 27001. Learn more about our program This program is designed to help companies conducting digital advertising practices in the EU certify their practices and display the European Interactive Digital Advertising Alliance (EDAA) trust seal. Learn more about our program This program applies to companies that help optimize or serve online advertisements. It provides ad companies who lack a direct relationship with an individual a way to demonstrate they use personal data collected from websites, mobile app, or other sources in a manner that respects an individual’s preference. Learn more about our program Our program is designed to showcase your brand’s responsible AI. Stand out by committing to fairness and transparency by incorporating principles from leading standards such as NIST AI RMF, OECID AI Principles, ISO/IEC 42001, as well as AI regulations like the EU AI Act. Learn more about our program Privacy verification standards TRUSTe Data Privacy Framework Verification This program allows participating organizations to demonstrate compliance with internationally recognized benchmarks and to leverage those practices to align their privacy program with existing and emerging international frameworks. The requirements for this program are based on the principles laid out in the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework. Learn more about the program *TRUSTe’s APEC CBPR Accountability Agent participation documents are available for review by downloading the following: **TRUSTe APEC PRP accountability agent participation documents are available for review by downloading the following: We’re with you at every stage of your certification Get up and running quickly with our team of privacy experts. They’ll work with you to identify a certification or assurance solution that addresses your needs As you begin to assess your data privacy practices TrustArc can help you identify and remediate your activities, as you close your compliance requirement gaps As your company continues to grow and transform, we stay in step with your business operations— to provide continued evidence of privacy protection activities, ensuring your TRUSTe seal is maintained. What you get when you certify with us Our people support your people Our team effectively combines broad industry expertise with deep regulatory knowledge to help you demonstrate a differentiated privacy program. Get up and running quickly We’ll work with you to efficiently kick-off a certification that will begin demonstrating compliance commitments. Improve your existing documentation We use regulation-aligned templates, built by our team of experts to augment your existing policies and procedures. Evidence of your privacy efforts Displaying the trusted privacy seal on your website demonstrates your industry leadership and dedication to data privacy and data security. ==================================================================================================== URL: https://trustarc.com/solutions/google-consent-mode/ TITLE: Google Consent Mode V2 | TrustArc TYPE: solution --- Why Google Consent Mode V2? Since March 2024, Google requires European and UK businesses to use Consent Mode V2. Without it, your ads and analytics lose critical audience and measurement capabilities. TrustArc makes compliance simple, so you can focus on performance, not penalties! Google CMP Partner Benefits When consent signals are accurately captured and transmitted, your performance thrives. Our certified Consent Management Platform (CMP), , ensures valid consent data is seamlessly passed to Google Ads and Analytics. This guarantees that conversions, audience targeting, and reporting remain precise and uninterrupted, even in a dynamic privacy landscape. Achieve compliance with ease through our out-of-the-box consent banner . Designed to meet Google Consent Mode V2 requirements, our solution allows you to deploy and activate your campaigns smoothly from day one. Get continuous and compliant operation without delays. As a Google-certified CMP partner, TrustArc provides for Google Consent Mode and certification-related inquiries. Easily extend Google Consent Mode V2 to your mobile apps and ensure consent signals are passed accurately for both web and app environments. TrustArc integrates with Firebase and leading App Attribution Partners (AAPs) including AirBridge, AppsFlyer and Singular. One of the standout improvements I’ve noticed recently is the increased flexibility in consent banner options. I’ve also seen better support for day-to-day consent management tasks — from configuring granular preferences to staying aligned with the latest regulatory changes. As a data analyst, its easy integration with Google Tag Manager allows me to block the tags from firing easily if the consent is rejected by the user. TrustArc was supportive when DMA was passed. Provided all the support for Google consent mode integration.” — Sachin S, Product Data Analyst ==================================================================================================== URL: https://trustarc.com/solutions/ai-governance-original/ TITLE: AI Governance & Risk Solutions | TrustArc TYPE: solution --- Is your AI governance program ready for global scrutiny? AI governance is no longer optional. It’s a regulatory and ethical imperative. As new AI laws and data protection regulations emerge across jurisdictions, managing AI use responsibly has become a key part of enterprise risk and compliance strategy. TrustArc helps organizations operationalize AI governance with a centralized, scalable solution that unites privacy, risk, and regulatory workflows, so you can move fast, stay compliant, and build trust. AI governance, streamlined by TrustArc This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. organizations whose goal is to comply with AI-specific laws Regulatory compliance for Related Operational Templates for each law/standard comprehensive AI risk management and regulatory AI compliance Regulatory compliance for Related Operational Templates for each law/standard Privacy & AI Risk Calculation Privacy & AI Risk Assessments Dispute Resolution Services (for AI, third party, privacy) and overall privacy and security compliance governance Regulatory compliance for Related Operational Templates for each law/standard Privacy & AI Risk Calculation Privacy & AI Risk Assessments Dispute Resolution Services TrustArc, through its Privacy Central platform, is helping us to identify gaps in our privacy and AI governance programs where we can better document policies, procedures, and notifications to align with requirements around the world. – Information Technology and Services Customer, G2 TrustArc is the foundation of our Privacy Management Program. – Casja W., Associate General Counsel EMEA and APAC & DPO, G2 TrustArc has significantly strengthened our data protection strategy by ensuring compliance with privacy regulations worldwide. This not only reduces the risk of legal complications but also safeguards our reputation and builds trust among our customers, ultimately enhancing our brand perception. – Kimberly P., Associate Client Partner, Tech/Media/Telecom, G2 Improve your AI governance program and reduce AI risk today ==================================================================================================== URL: https://trustarc.com/events/iapp-privacy-security-risk/ TITLE: Join TrustArc at IAPP Global Privacy Summit 2025 TYPE: page --- The next era of privacy starts here The world of privacy is changing fast. Join us at IAPP PSR 2025 as we show you how TrustArc is building a better way forward. Find us at Booth 318 for demos, prizes, and fresh perspectives that will prepare you for what’s next, including an exclusive sneak peek at our new AI-powered platform, The Privacy Potion Cocktail Hour: A Spooktacular Evening After a full day at PSR, join TrustArc, DAA, and CohnReznick for a bewitching evening of cocktails, bites, and conversation on the waterfront. With Halloween just a night away, this gathering blends privacy, networking, and a dash of spooky charm. 1 Market Pl, San Diego, CA October 30, 2025 | 6 – 9 p.m. Connection, inclusion, impact Join fellow women and the allies advocating for their advancement in privacy at the Women Leading Privacy meetup. This meetup is the perfect opportunity to meet women in the fields of privacy, AI governance, and digital responsibility to enhance your perspectives and recalibrate your approach to inclusion and support of gender equality. October 30 | 1:45 – 2:15 p.m. Your hub for hands-on privacy innovation Exhibit Floor | Booth #318 October 30th from 8:00 a.m. – 4:30 p.m. October 31st from 8:00 a.m. – 3:00 p.m. Marriott Marquis San Diego Marina 333 W Harbor Drive San Diego, CA 92101 Always On: Building Privacy Programs for a World of Constant Risk Today’s privacy leaders must move beyond checklists to become strategic risk managers. In this session, experts from tech, advertising, and law share practical strategies to embed privacy into operations, strengthen cross-functional collaboration, and stay ahead of shifting enforcement and emerging threats. Mark your conference calendar and be sure to join this dynamic group of thought leaders and practitioners. This is one session you can’t miss! Beatrice Botti, DoubleVerify Thursday, October 30 | 3.45 – 4:45 p.m. ==================================================================================================== URL: https://trustarc.com/events/iapp-europe-data-protection-congress/ TITLE: TrustArc at IAPP Europe Data Protection Congress 2025 TYPE: page --- Privacy Rocks! The Hottest Party at DPC 2025 Get ready to turn up the volume on your DPC experience! Join TrustArc and Filerskeepers for at the Hard Rock, an unforgettable evening of networking, music, and fun at Brussels’ iconic Hard Rock Cafe. Mingle with fellow privacy professionals, enjoy delicious food, and sip on signature cocktails crafted just for the night. Whether you’re in it for the conversations or the cocktails, this is the place to connect, unwind, and celebrate all things privacy. This is the can’t-miss party of IAPP DPC because privacy doesn’t just protect, it rocks. Grand Place 12A, 1000 Bruxelles, Belgium November 19, 2025 from 18:30 – 21:30 ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/apec-cbpr-prp/ TITLE: APEC Privacy Framework Certifications | TrustArc TYPE: product --- Assurance & Certifications APEC CBPR and PRP Privacy Certifications The Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) has evolved into the Global CBPR and PRP as of June 2, 2025. Certification provides a robust international method for data transfer recognized with participating economies including USA, Canada, Japan, Korea, Singapore, Mexico, Philippines, Taipei, and Australia. Participate in Global CBPR and PRP Certifications Global CBPR and PRP certifications are now available, adhering to the same requirements and processes as APEC certifications. Both systems will run in parallel with program updates being provided as they become available. Find out more about the transition. Part of CBPR verification overlaps with vendor management requirements across jurisdictions. CBPR implementation can help streamline the vendor onboarding process based on CBPR principles. Cross border data transfer risk CBPR verification includes understanding processing purposes of business records for data transfer risk and third party risk management. Our Accountability Agent oversight helps provide best practices on privacy complaints. Benefits of certification A trusted trade partner that meets international standards for data protection Certification demonstrates a commitment to data protection (reduce trade friction) and ensures protection across your entire supply chain (vendors). Demonstrating due diligence and reducing risk within your organization and your trade partners. Organizational agility and business advantage This certification meets the minimum requirements necessary to transfer data in participating economies, meaning you can save time and operational costs to enter any of the participating markets. Streamline privacy and legal compliance efforts CBPR certification requirements overlap with other key privacy regulations like and US State privacy laws. Demonstrate data governance and risk mitigation Show investors, board members, trade partners, vendors, regulators, suppliers, and customers with a certification that demonstrates good governance and risk mitigation around data privacy. Long term value creation and sustainability for your business Easily adapt to industry, regulatory, and market shifts with this internationally recognized standard. Together, we work with you to conduct a privacy analysis to understand your data policies and practices. Purpose-built software guides you through the requirements to ensure you’re complying with the framework principles. TrustArc team provides an Action Plan for how to meet CBPR and PRP principles. Action Plan includes a gap analysis, written guidance on compliance posture, and remediation recommendations to achieve compliance. Remediation & verification Collect, compile, or generate documents or processes to demonstrate compliance. Approved privacy notice & seal issuance A TRUSTe-reviewed Privacy Notice, a Letter of Attestation, and seals for public posting. All assessment work and supporting documentation for an audit trail is available along with ongoing compliance monitoring. As your Accountability Agent, TRUSTe provides continued oversight including privacy protocol recommendations, guidance on implementation, and third party assurance for privacy complaints. Certification and participation in the CBPR system includes dispute resolution. Internationally recognized The CBPR system is one of the few privacy frameworks and certification processes recognized internationally. The intergovernmental forum that oversees CBPR is one of the largest to date meant to help promote free trade internationally and has enforcement requirements across its participating jurisdictions, making it a powerful means of demonstrating dedication to protecting customers’ data. Robust certification & accountability CBPR compliance standards include security safeguards, data protection access, and ethics. Additionally, it is the only framework with independent accountability oversight elements – meaning it requires a third party Accountability Agent (AA) to certify/verify and requires AA oversight as part of maintaining certification. Leading accountability agent We are proud to have been the first Accountability Agent (AA) in the U.S., and in the world. TRUSTe remains one of the few AA’s who have performed over hundreds of CBPR certifications, working in coordination with the Federal Trade Commission (FTC) and other governments. Frequently asked questions What is an “Accountability Agent”? In the realm of data protection, an Accountability Agent, such as TRUSTe, plays a vital role within the APEC CBPR & PRP systems. Acting as a trustworthy certifier, TRUSTe ensures that companies align with the stringent program requirements of PRP and/or CBPR. This third-party certification not only bolsters credibility but also guarantees an unbiased evaluation, fostering consistency among participants globally. Is APEC CBPR & PRP enforceable? Yes. Once your organization gets certified under the CBPR or PRP program by a trusted Accountability Agent like TRUSTe, it becomes legally binding. The Privacy Enforcement Authority (PEA) in the respective economy where you’re certified can enforce it. For countries to join, they need to align with APEC’s principles, have local privacy regulations, a participating enforcement agent, and an Accountability Agent. CBPR enforcement is ensured by APEC-based PEAs in the Cross-Border Privacy Enforcement Arrangement (CPEA), expanding globally with the upcoming Global CBPR. How does APEC CBPR & PRP interact with domestic privacy laws? CBPR and PRP work alongside, not in place of, domestic privacy laws. Certified organizations, in addition to meeting CBPR and PRP Program Requirements, must adhere to their country’s privacy laws. CBPR and PRP compliance is reinforced under the domestic laws of participating economies. Could there be interoperability between the CBPR and EU mechanisms like Binding Corporate Rules (BCR) and DPF? Organizations participating in either the or the APEC CBPR and PRP systems can leverage the work they’ve already done to demonstrate compliance in one system with another. While there isn’t a one-to-one match of requirements many of the principles within each framework overlap. At TrustArc, our technology maps the requirements to save you time and effort across both schemes. Participating in both can cover a wide area of data transfer obligations in Europe, the APAC region, and internationally. ==================================================================================================== URL: https://trustarc.com/solutions/international-data-transfers/ TITLE: Protected International Data Transfers | TrustArc TYPE: solution --- Demonstrate compliance with different laws across the globe Data transfers out of Europe require essentially equivalent protection to that provided under the (or DPF for short) is an approved method for transferring data from the EU to the US via certification with the framework principles in compliance with GDPR. In response to the need for a global data transfer mechanism to cover the rest of the world, participating economies in the APEC Cross-Border Privacy Rules system established the Global CBPR Forum. The UK, Bermuda, Mauritius, and Nigeria are associate members, while the Dubai International Financial Centre (DIFC) is now a full member. This further expands the certification as a mechanism for data transfer beyond the Asia Pacific region. To meet the demands of international data transfer rules across the globe, it’s important to map your data, know your risk, and demonstrate your privacy compliance. ==================================================================================================== URL: https://trustarc.com/demo-request/ai-governance/ TITLE: Request an AI Governance Demo | TrustArc TYPE: page --- Elevate your AI governance with confidence Experience the power of robust, transparent AI governance Implementing AI governance is crucial for organizations navigating evolving regulation, ethical expectations, and reputational risk. TrustArc’s comprehensive AI governance solutions simplify and strengthen your governance of AI systems, helping you meet global mandates, demonstrate accountability, and embed responsible practices throughout your AI lifecycle. Our solution is designed to help you reduce risk, build trust, and scale responsibly, without adding complexity. Centralize AI governance controls Automate assessment, scoring, and mitigation of AI risks Align AI models to multiple global laws, standards & guidelines Generate evidence and reporting to support audits Enable stakeholder transparency and responsible use Scale governance as your AI ecosystem grows ==================================================================================================== URL: https://trustarc.com/solutions/ai-governance/ TITLE: AI Governance Solutions to Manage Risk & Compliance | TrustArc TYPE: solution --- Is your AI governance program ready for global scrutiny? AI governance is no longer optional. It’s a regulatory and ethical imperative. As new AI laws and data protection regulations emerge across jurisdictions, managing AI use responsibly has become a key part of enterprise risk and compliance strategy. TrustArc’s AI governance solution helps organizations operationalize AI governance with a centralized, scalable solution that unites privacy, risk, and regulatory workflows, so you can move fast, stay compliant, and build trust. AI governance solutions, streamlined by TrustArc This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. organizations whose goal is to comply with AI-specific laws Regulatory compliance for Related Operational Templates for each law/standard comprehensive AI risk management, AI governance, and regulatory compliance Regulatory compliance for Related Operational Templates for each law/standard Privacy & AI Risk Calculation Privacy & AI Risk Assessments Dispute Resolution Services complete risk management (for AI, third party, privacy), enterprise AI governance, and overall privacy and security compliance governance Regulatory compliance for Related Operational Templates for each law/standard Privacy & AI Risk Calculation Privacy & AI Risk Assessments Dispute Resolution Services TrustArc, through its PrivacyCentral platform, is helping us to identify gaps in our privacy and AI governance programs where we can better document policies, procedures, and notifications to align with requirements around the world. – Information Technology and Services Customer, G2 TrustArc is the foundation of our Privacy Management Program. – Casja W., Associate General Counsel EMEA and APAC & DPO, G2 TrustArc has significantly strengthened our data protection strategy by ensuring compliance with privacy regulations worldwide. This not only reduces the risk of legal complications but also safeguards our reputation and builds trust among our customers, ultimately enhancing our brand perception. – Kimberly P., Associate Client Partner, Tech/Media/Telecom, G2 Improve your AI governance program and reduce AI risk today Frequently Asked Questions About AI Governance AI governance refers to the framework, policies, and processes organizations use to ensure artificial intelligence (AI) systems are developed, deployed, and managed responsibly. Effective AI governance solutions help maintain data integrity, reduce risk, and ensure compliance with evolving regulations such as the EU AI Act. Why is AI governance important? AI governance is essential to manage the ethical, regulatory, and operational risks of using AI technologies. A strong AI governance program enables organizations to ensure transparency, maintain trustworthy AI, and comply with global regulatory requirements while driving safe AI innovation. How does an AI governance platform help organizations manage risk? An AI governance platform centralizes the tracking of AI models, risks, and compliance requirements across the entire AI lifecycle. It supports legal, compliance, and data teams in identifying and mitigating risks, improving oversight, and ensuring that AI initiatives align with ethical governance and business objectives. What are the key components of an effective AI governance framework? An effective AI governance framework includes risk management, data quality controls, accountability structures, compliance monitoring, and clear ethical standards. These components help organizations govern AI responsibly, ensuring that AI systems are accurate, fair, and compliant. How does AI governance relate to the EU AI Act and other AI regulations? The EU AI Act and similar regulations worldwide set guidelines for responsible AI practices. A robust AI governance solution helps organizations interpret and operationalize these laws across jurisdictions, streamlining compliance and reducing manual effort through automated governance processes. How can businesses implement responsible AI governance practices? Businesses can implement responsible AI governance by adopting a structured governance platform that connects legal and compliance teams, data scientists, and business leaders. This cross-functional approach ensures oversight throughout AI development and deployment, promoting ethical AI and regulatory compliance. How does AI governance improve data quality and integrity? Through defined governance frameworks and structured oversight, AI governance enforces standards for data quality, accuracy, and transparency. This ensures that AI models are built on diverse, reliable data, supporting both compliance and responsible AI outcomes. What role does AI governance play in accelerating AI adoption? By establishing clear governance processes and compliance controls, AI governance solutions help organizations adopt AI faster and more safely. This reduces compliance risks and encourages business leaders to scale AI initiatives with confidence. How does TrustArc’s AI governance solution support regulatory compliance? TrustArc’s AI governance solution simplifies compliance with AI regulations by providing prebuilt templates, automated assessments, and real-time visibility across all AI activities. It enables teams to mitigate risk, manage AI inventories, and demonstrate responsible AI use across global markets. What are the business benefits of adopting an AI governance platform? Organizations that invest in a mature AI governance platform gain improved risk management, reduced compliance costs, and greater trust from stakeholders. It helps align AI development with business objectives, ensuring ethical, transparent, and compliant AI programs. ==================================================================================================== URL: https://trustarc.com/solutions/responsible-ai/ TITLE: Responsible AI Solutions & Certification | TrustArc TYPE: solution --- Is your organization built for responsible AI? Responsible AI goes beyond compliance. It’s about building systems that are transparent and aligned with human values. As regulations and public expectations grow, organizations need a structured approach to managing AI accountability. TrustArc’s Responsible AI solutions help you assess risk, document safeguards, and demonstrate governance across the AI lifecycle, so you can innovate with confidence and integrity. Upholding privacy frameworks with responsible AI AI technologies promise benefits like increased efficiency, cost savings, and productivity boosts. Yet, they also introduce potential privacy and security risks due to their use of personal or sensitive data. To manage these risks and uphold data governance and privacy compliance, stay ahead of regulations like the with effective operational templates, compliance automation, and a Responsible AI certification Your partner in responsible AI usage TrustArc is your one-stop solution for responsible AI usage and compliance. Our AI privacy governance tools are industry-leading, designed to help organizations manage privacy compliance effortlessly. Streamline your processes, mitigate risks, and stay ahead with TrustArc’s Responsible AI solutions. Effortless privacy program compliance PrivacyCentral consolidates all your privacy compliance activities to maintain compliance with regulations (e.g., EU AI Act, Colorado AI Act) and standards (e.g., NIST AI Risk Management Framework , OECD AI Principles, Singapore AI Framework, and Nymity Privacy Management Accountability Framework™). With TrustArc’s responsible AI solutions, gain real-time insights, plan effectively, and make informed decisions with ease. Data privacy operations simplified Data Mapping & Risk Manager , and Assessment Manager offer a comprehensive understanding of your data risks and compliance. Utilize AI to identify potential risks and preemptively address them, including TrustArc’s pre-built AI Risk Assessment template. Certify your AI systems for lasting trust Our Responsible AI Certification empowers organizations to lead in accountable AI use and transparent data practices. Certify your AI practices with the TRUSTe seal, signaling your dedication to responsible AI practices and demonstrating transparency and data privacy protection to partners, investors, consumers, and regulators. AI and Privacy: A Practical Guide Explore how TrustArc empowers privacy professionals to navigate the intersection of responsible AI and privacy, ensuring compliance and building trust through proven solutions. As an early adopter of TrustArc’s Responsible AI Certification, Integral Ad Science is able to demonstrate to our customers and the broader advertising marketplace that our current and future uses of AI are tethered to a commitment of transparency, security, and fairness in the development and deployment of our AI systems. – Kevin Alvero, Chief Compliance Officer, Integral Ad Science TrustArc is a valuable partne­r that helps our company meet privacy re­gulations. Their suite of tools efficie­ntly assesses potential risks, saving us time­. Using TrustArc’s services also builds trust with our customers, showing our de­dication to upholding privacy standards. – Steve H., Associate Vice President, Research Partnerships, G2 Sailing through the choppy waters of data privacy rules is smooth sailing with TrustArc. – Tim C., VP Chief Content Officer, G2 Demonstrate your commitment to responsible AI practices Frequently Asked Questions About Responsible AI Responsible AI refers to developing and deploying AI systems that are transparent, ethical, and aligned with human values. It ensures fairness, accountability, and trust throughout the AI lifecycle, helping organizations minimize bias and comply with AI governance and regulatory frameworks. Why are responsible AI practices important? Responsible AI practices are critical to ensure that AI applications operate fairly, securely, and transparently. They help organizations reduce ethical risks, maintain compliance, and build long-term trust in AI by promoting accountability and responsible decision-making. Who is responsible for AI within an organization? Responsibility for AI governance typically spans business leaders, compliance teams, and data scientists who oversee AI development and deployment. These teams ensure adherence to responsible AI principles and maintain ethical and legal accountability across all AI models. How can companies implement responsible AI effectively? Organizations can implement responsible AI solutions by embedding ethical guidelines into their AI strategy, ensuring transparency, and regularly auditing their AI models for bias. TrustArc helps companies integrate responsible AI practices through automated assessments, governance frameworks, and risk management tools. What are the key principles of responsible AI? The core responsible AI principles include fairness, transparency, accountability, data privacy, and human oversight. These principles guide AI development and AI services, ensuring AI systems remain ethical, compliant, and beneficial for both organizations and society. How does responsible AI impact business decisions? By embedding responsible AI practices, organizations make more ethical, data-driven decisions that align with brand values and regulatory requirements. It enhances trust in AI, strengthens governance, and supports responsible innovation while managing risk effectively. What role does responsible AI play in managing risk? Responsible AI solutions help organizations identify, assess, and mitigate potential risks associated with AI systems and generative AI applications. Through proactive risk management and certification, companies can ensure AI outputs remain transparent, accurate, and aligned with compliance standards. How does responsible AI help manage risks in generative AI systems? Responsible AI provides the governance and compliance framework needed to manage risks in generative AI applications. With TrustArc’s responsible AI solutions, organizations can assess risk, document safeguards, and ensure accountability across AI models and third party vendors. How can organizations achieve responsible AI certification? Organizations can achieve Responsible AI certification by demonstrating accountability, transparency, and adherence to ethical and regulatory standards. TrustArc’s certification seal validates compliance and signals a company’s commitment to responsible AI practices and governance excellence. How can responsible AI build trust and drive innovation? Implementing responsible AI solutions enables organizations to balance innovation with accountability. By ensuring ethical AI development, fairness, and transparency, businesses can build trust, enhance compliance, and accelerate sustainable AI adoption across industries. ==================================================================================================== URL: https://trustarc.com/serious-privacy/ TITLE: Resources for Serious Privacy | TrustArc TYPE: page --- It’s Time to Rethink Privacy Management Privacy teams today are stretched thin; juggling evolving regulations, nonstop AI headlines, rising breach risks, internal demands, customer expectations, and limited resources. It’s a lot. And it’s why the old way of managing privacy no longer works. We’ve long helped organizations navigate complex programs end-to-end, but modern privacy needs something smarter. Point solutions alone can’t keep up. Privacy professionals deserve an intelligent, intuitive, and unified approach that brings every part of the program together in one place. Backed by decades of leadership and an in-house team with over 400 years of combined expertise, we built Arc: a new, intelligent way to manage privacy. Arc uses contextual and expert knowledge to automate, unify, and simplify your entire program—so it thinks like you and works like you. With Arc, you get better outcomes with less effort. Built for privacy pros at every level, it finally lets you operationalize privacy the way you’ve always wanted to. ==================================================================================================== URL: https://trustarc.com/serious-privacy-podcast/ TITLE: Serious Privacy Podcast | TrustArc TYPE: page --- Privacy is hot, especially in the technology world. Whether you are a professional who wants to learn more about privacy and data protection or someone who just finds this area fascinating, we have you covered with in-depth information on serious privacy topics. These podcasts, hosted by Dr. K Royal, Paul Breitbarth, and Ralph O’Brien, feature open, unscripted discussions with global privacy professionals (those kitchen tables or back porch conversations) where you get to hear from those on the front lines tackling the newest issues and leading the pack. Get real and current information — because the world needs serious privacy. Follow us on BlueSky at @seriousprivacy.eu or K Royal is a nurse turned attorney who also has a PhD in public affairs. This, in combination with her background, provides her a unique foundation from which to approach global privacy and cybersecurity law. Having been in privacy for years before it became a recognized career field – she has a wealth of experience and a rich professional perspective. Paul Breitbarth is a data protection lawyer from the Netherlands. He currently works as Data Protection Lead for Catawiki, Europe’s leading online platform for special objects. In addition, Paul is Senior Visiting Fellow at Maastricht University’s European Centre on Privacy and Cybersecurity, and serves as Member of the Data Protection Board of the European Patent Office. Ralph has over 25 years of experience helping organizations to prevent data harms. Founder of REINBO Consulting Ltd. He remains at the forefront of the privacy sector, having built a career around making the intricacies of Data Protection, Privacy & Security management understandable. He is a consultant and trainer, and moved into Policy work, enjoying passing on his passion for privacy, by translating often complicated legal concepts, into sustainable business processes. Ralph has contributed to British, international and global standards on Data Protection, Information security and Data Protection by Design. Go deeper on Serious Privacy Explore the TrustArc resources and references mentioned on the podcast. ==================================================================================================== URL: https://trustarc.com/products/privacy-data-governance/nymity-research/ TITLE: Nymity Research regulatory database and alerts | TrustArc TYPE: product --- Analysis of multiple-jurisdiction requirements Quickly identify changes covering 1,000+ global privacy laws, regulations, and standards, and access comparative information and analysis for multiple-jurisdiction reporting. Access to 800+ operational templates provide analysis and guidance to easily operationalize your privacy operations. Our Data Breach index outlines requirements and steps globally as well as sample regulator breach reports as templates, as well as sample breach response plan and procedures. Legal summaries and comparisons, including from Morrison Foerster, cover a range of topics: AI governance, records of processing, security, database registration, data transfer risk, cross border transfers, breach response, legal grounds for processing, and more. ==================================================================================================== URL: https://trustarc.com/privacyhero-giveaway-rules/ TITLE: Privacy Hero Giveaway Rules | TrustArc TYPE: page --- The Privacy Heroes Giveaway (“Giveaway”) is open to individuals who are at the time of entry and who are legal residents of the United States, Canada (excluding Quebec), and the European Union , where permitted by law. Employees, officers, and directors of , its affiliates, subsidiaries, advertising or promotion agencies, and immediate family members (spouse, parent, child, sibling) or individuals living in the same household are not eligible to participate. Void where prohibited by law. The Giveaway is sponsored by , 2121 N. California Blvd., Suite 290, Walnut Creek, CA 94596 (“Sponsor”). 3. Agreement to Official Rules By participating in the Giveaway, entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all matters relating to the Giveaway. at 12:00 a.m., 2026 Pacific Time February 8th, 2026 at 11:59 p.m. Pacific Time (the “Promotion Period”). Entries submitted before or after the Promotion Period will not be eligible. To enter, participants must complete the Privacy Heroes nomination form during the Promotion Period by: Nominating themselves or another individual by submitting a short written story describing an example of privacy leadership or impact during the Promotion Period. Duplicate entries or attempts to enter using multiple identities, email addresses, or methods may result in disqualification. NO PURCHASE NECESSARY TO ENTER OR WIN. One (1) winner will receive a (Approximate Retail Value: $1,000 USD). The prize is non-transferable and no substitution will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable. Odds of winning depend on the number of eligible entries received. Winner is solely responsible for all federal, state, provincial, local, and other taxes, if any, associated with receipt or use of the prize. 7. Winner Selection and Notification The winner will be selected in a from all eligible entries received during the Promotion Period. Submissions will not be judged, and the content of the submission will not affect the odds of winning. The drawing will take place within a reasonable time following the close of the Giveaway. The selected winner will be notified via the email address provided at entry. If a selected winner cannot be contacted, is ineligible, or fails to respond within a reasonable time, an alternate winner may be selected. 8. Use of Submissions and Publicity Release By submitting an entry, entrants grant TrustArc a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, edit, publish, display, and distribute the submitted story, name, job title, and organization (if provided) for marketing, promotional, and informational purposes , including but not limited to email, website content, social media, and event materials, without additional compensation, unless prohibited by law. Entrants represent that their submission does not infringe on the rights of any third party and does not contain confidential or proprietary information. 9. Release and Limitation of Liability By participating, entrants agree to release and hold harmless TrustArc Inc., its affiliates, officers, employees, and agents from any liability, loss, or damage arising out of participation in the Giveaway or acceptance, use, or misuse of any prize. Information collected in connection with this Giveaway is subject to Sponsor’s Privacy Policy, available at: https://trustarc.com/privacy-policy/ Sponsor reserves the right to cancel, suspend, or modify the Giveaway if fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Giveaway, as determined by Sponsor in its sole discretion. The Giveaway is governed by the laws of the , without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in California. For questions or a copy of these Official Rules, contact: ==================================================================================================== URL: https://trustarc.com/arc/ TITLE: User-centric Privacy Management, Powered by AI | TrustArc TYPE: page --- Why privacy teams choose TrustArc Proven expertise that elevates your program Benefit from nearly three decades of hands-on privacy leadership. Our in-house experts combine regulatory, operational, and technical knowledge (built directly into our platform), elevating your privacy program. Intelligence that drives stronger outcomes Arc Intelligence is purpose-built for privacy teams. It enhances your workflows with intelligent analysis, contextual recommendations and smart automation. Work faster, reduce risk, and focus on what matters most. Assurance that builds lasting trust Reinforce customer and partner confidence with industry-recognized certifications. Our expert-led TRUSTe Assurance Services make it simpler to demonstrate compliance and sustain trust over time. ==================================================================================================== URL: https://trustarc.com/events/ TITLE: TrustArc Events | Meet us in person TYPE: page --- Meet TrustArc at Industry Events Worldwide Connect with TrustArc at top privacy, data protection, and compliance events worldwide. Gain practical insights, discover strategies to simplify compliance, and exchange ideas with experts and peers who understand your challenges. Explore our upcoming schedule and discover how meeting us in person can help advance your privacy program and initiatives. IAPP Privacy. Security. Risk. 2025 Join TrustArc in San Diego as we bring the next era of privacy to life. Visit Booth #318 for hands-on demos, daily prizes, and fresh perspectives. Network at the meetup, raise a glass at our Privacy Potion Cocktail Hour , and don’t miss our breakout panel “ Always On: Building Privacy Programs for a World of Constant Risk. ” From insights to experiences, TrustArc is your hub for innovation, connection, and impact. October 30 – 31 | San Diego, CA IAPP Europe Data Protection Congress 2025 Join TrustArc in Brussels as we bring the next era of privacy to life at IAPP DPC. Visit our booth for live looks at , our newest innovation transforming how privacy programs operate, and meet the faces behind TrustArc’s expert team. Enjoy daily iPad giveaways, fun swag, and fresh insights designed to elevate your privacy strategy. Connect with fellow leaders at our Women in Privacy Networking Session Privacy Rocks! at the Hard Rock , the hottest party of DPC co-hosted with Filerskeepers. From innovation to connection, TrustArc is your destination for what’s next in privacy. November 19 – 20 | Brussels, Belguim Privacy After Hours with TrustArc and Mintz After a full day of privacy learning at to socialize, unwind, and connect with friends! We’ll be hosting just steps from the action at Flight Club Washington, DC – right across the street from the convention centre! Flight Club Washington, DC 641 New York Ave NW, Washington, DC Consero Chief Privacy Officer Forum Join us at Consero’s CPO Forum to gain practical insights from our experts and connect with peers tackling today’s toughest privacy challenges. Four Seasons Hotel, Westlake Village (CA) Webinar: Assessing AI Risk with Confidence Artificial Intelligence is transforming how organizations use data, while introducing new layers of privacy risk and regulatory scrutiny. Join experts from TrustArc and Golfdale Consulting to learn how to adapt PIAs and risk evaluations for AI, align privacy and data teams, and ensure compliance without slowing innovation. Gain practical strategies to assess AI systems with confidence. ==================================================================================================== URL: https://trustarc.com/data-privacy-day/ TITLE: Data Privacy Day | TrustArc TYPE: page --- Celebrating privacy office wins In honor of Data Privacy Day 2026 on January 28, we celebrated the everyday heroes who keep privacy programs strong. Our 2026 Privacy Hero has been announced. In our latest article, we spotlight this year’s winner and explore what sets today’s privacy leaders apart, from driving strategic impact to transforming compliance into competitive advantage. Discover how modern privacy professionals are redefining leadership in 2026. Watch the Data Privacy Day Webinar From Zero to Privacy Hero Put AI Governance into Practice: Privacy Hero Starter Kit Quick Guides for Privacy and AI Have the building blocks for privacy management and AI governance at your fingertips. Print your at-a-glance guide now! Explore our past Data Privacy Day content From crucial skills to collaboration techniques to AI forecasts, experts share their candid counsel on privacy careers in an exclusive fireside chat: the Privacy Perspectives. What will really happen to cookies? How can we better manage international data transfer? What’s the future of AI governance. Our experts answer customers’ burning questions for 2024! We lay out what we expect for 2023, including the five new U.S. privacy laws, the personal dimensions of privacy in life and work, and the importance of building a culture of privacy. ==================================================================================================== URL: https://trustarc.com/gs26/ TITLE: TrustArc at IAPP Global Summit 2026: Privacy | AI governance | Cybersecurity law TYPE: page --- IAPP Global Summit | Washington, DC The future of privacy begins now The world of privacy is changing fast. Join us at the IAPP Global Summit to see how TrustArc is building a better way forward. Find us on the show floor for demos, prizes, and fresh perspectives that will prepare you for what’s next. Skip the line, and set-up a meeting in advance! TrustArc will be at booth #117 – stop by, get a demo and be entered for a chance to win some great prizes! March 30th from 7:30 a.m. – 7:00 p.m. March 31st from 8:00 a.m. – 1:30 p.m. Privacy After Hours with TrustArc and Mintz After a full day of privacy learning at to socialize, unwind, and connect with friends! We’ll be hosting just steps from the action at Flight Club Washington, DC – right across the street from the convention centre! Flight Club Washington, DC 641 New York Ave NW, Washington, DC Connection, inclusion, impact Join fellow women and the allies advocating for their advancement at the Women Leading Section Meetup. Take a moment to share experiences and insights with women leading the charge in data protection, AI governance and cybersecurity. Location: Marriott Marquis – Salon 6 Your hub for hands-on privacy innovation Privacy is moving at a rapid pace – and so are we. Meet us at the IAPP Global Summit to explore how TrustArc is driving what’s next. Stop by our booth for interactive demos, exclusive swag, and actionable insights designed to keep you ahead of the curve. March 30th from 7:30 a.m. – 7:00 p.m. March 31st from 8:00 a.m. – 1:30 p.m. Walter E. Washington Convention Center 801 Allen Y. Lew Place NW Connect With Us at FPF’s 2026 Spring Social As a Gold Sponsor of this year’s event, we’re pleased to be attending FPF’s Annual Spring Social on Monday, March 30th, 2026, from 6:30 pm – 9:00 pm Held alongside the IAPP Global Summit, this invite-only gathering brings together visiting DPAs, VIPs, and privacy leaders for an evening of engaging conversation and networking. We look forward to connecting over complimentary hors d’oeuvres, drinks, and a vibrant celebration of the privacy and data protection community. ==================================================================================================== URL: https://trustarc.com/consumer-information/trusted-directory/ TITLE: Directory of Trusted Privacy Services | TrustArc TYPE: page --- TRUSTe Privacy Program participants and Services Directory Identify companies participating in TRUSTe Privacy Programs and Services Companies that use TRUSTe for Privacy Certification and Dispute Resolution are listed in this database. To learn more about the Certification Standards that these companies have been certified against For a list of Asia Pacific Economic Cooperation (APEC) Certified companies, please click Type in the company name in the field below to begin your search.* Below are the closest matches based on your input. Please continue typing to refine your result until you get the result you are looking for. Sorry, we did not find any result(s) that matched your search criteria. There are search guidelines above that may be helpful. Please check your spelling, try entering a different name, or enter a minimum of 3 letters and try again. *This certification lookup list is provided solely to facilitate confirmation of a specific organization’s participation in a TRUSTe program. TrustArc reserves the right to disable or block access that, in its discretion, involves excessive participant lookup or otherwise is inconsistent with the purpose for which this resource is provided. You need to enter at least three characters to initiate a search. When you search by company name, use the name listed at the top of the TRUSTe validation page that appears after clicking the TRUSTe seal. Below is an example of a validation page for reference. Otherwise, you can try using the company name listed in the privacy policy. Please note that companies that are commonly known by acronyms may be listed under their full name. Step 2: Verify the company name matches the company in question APEC CBPR Certified Companies Bitsight Technologies, Inc. Crowley Webb & Associates, Inc. The Dun and Bradstreet Corporation GE HealthCare Technologies Inc. Hewlett Packard Enterprise Company iRhythm Technologies, Inc. International Business Machines Corporation (IBM) Mastercard International, Inc. Salesforce, Inc. and its Affiliates Seismic Software Holdings, Inc. Sutherland Global Services, Inc. APEC PRP Certified Companies Axis Medical Technologies, LLC dba Movemedical Bitsight Technologies, Inc. GE HealthCare Technologies Inc. Mastercard International, Inc. Salesforce, Inc. and its Affiliates TELUS International Holding (U.S.A.) Corp. If you have an unresolved privacy-related concern/request not resolved by direct contact with the site involved, you can file a complaint at no-cost through TRUSTe’s Feedback and Resolution System. File a website related certification complaint Report a Trademark Violation To verify if a site is TRUSTe Certified, click on the TRUSTe Seal to ensure it links to an active TRUSTe Validation Page hosted on truste.com. You can also search the Trusted Directory on this page to determine if the site is TRUSTe Certified. If you locate a site displaying the TRUSTe Seal which does not link to an active TRUSTe Validation Page, or the site is not listed in our Trusted Directory, this is a potential trademark violation and should be reported to TRUSTe immediately. Report a trademark violation ==================================================================================================== URL: https://trustarc.com/events/global-summit26/ TITLE: TrustArc at IAPP Global Summit 2026: Privacy | AI governance | Cybersecurity law TYPE: page --- IAPP Global Summit | Washington, DC The future of privacy begins now The world of privacy is changing fast. Join us at the IAPP Global Summit to see how TrustArc is building a better way forward. Find us on the show floor for demos, prizes, and fresh perspectives that will prepare you for what’s next. Skip the line, and set-up a meeting in advance! TrustArc will be at booth #117 – stop by, get a demo and be entered for a chance to win some great prizes! March 30th from 7:30 a.m. – 7:00 p.m. March 31st from 8:00 a.m. – 1:30 p.m. Privacy After Hours with TrustArc and Mintz After a full day of privacy learning at to socialize, unwind, and connect with friends! We’ll be hosting just steps from the action at Flight Club Washington, DC – right across the street from the convention centre! Flight Club Washington, DC 641 New York Ave NW, Washington, DC Connection, inclusion, impact Join fellow women and the allies advocating for their advancement at the Women Leading Section Meetup. Take a moment to share experiences and insights with women leading the charge in data protection, AI governance and cybersecurity. Location: Marriott Marquis – Salon 6 Your hub for hands-on privacy innovation Privacy is moving at a rapid pace – and so are we. Meet us at the IAPP Global Summit to explore how TrustArc is driving what’s next. Stop by our booth for interactive demos, exclusive swag, and actionable insights designed to keep you ahead of the curve. March 30th from 7:30 a.m. – 7:00 p.m. March 31st from 8:00 a.m. – 1:30 p.m. Walter E. Washington Convention Center 801 Allen Y. Lew Place NW Connect With Us at FPF’s 2026 Spring Social As a Gold Sponsor of this year’s event, we’re pleased to be attending FPF’s Annual Spring Social on Monday, March 30th, 2026, from 6:30 pm – 9:00 pm Held alongside the IAPP Global Summit, this invite-only gathering brings together visiting DPAs, VIPs, and privacy leaders for an evening of engaging conversation and networking. We look forward to connecting over complimentary hors d’oeuvres, drinks, and a vibrant celebration of the privacy and data protection community. ==================================================================================================== URL: https://trustarc.com/demo-request/consent-consumer-rights-review/ TITLE: Cookie Consent Compliance Review | TrustArc TYPE: page --- Ensure your consent management setup aligns with evolving regulatory expectations. Many organizations assume that having a cookie banner means they’re compliant. In reality, regulators are increasingly focusing on how consent is implemented, including misconfigured tools, broken opt-outs, dark patterns, and failure to honor browser privacy signals such as Global Privacy Control. to help privacy teams identify potential risks and strengthen their consent management approach. A TrustArc privacy expert will evaluate key aspects of your consent implementation, including: Cookie banner configuration and consent flows Opt-out mechanisms and user choice controls Recognition of browser-based signals such as Global Privacy Control Potential consent UX risks, including dark patterns Following the review, you’ll receive high-level feedback and practical recommendations to help strengthen your consent compliance program. *Requests are subject to approval to ensure our experts can provide meaningful guidance. ==================================================================================================== URL: https://trustarc.com/products/privacy-data-governance/privacycentral/ TITLE: Automated Data Privacy Compliance Management TYPE: product --- Automate privacy compliance Meet global regulatory obligations efficiently – minimizing manual effort, redundant work, and compliance costs. With over 20,000+ pre-defined controls mapped across 125+ privacy and security laws and standards, move from manual management to intelligent automation. With the growing number of global privacy regulations, staying compliant requires hours of manual work or expensive legal support. PrivacyCentral reduces those costs and accelerates your time to compliance by automating the evaluation, interpretation, and application of privacy laws. Skip the tedious work of tracking new rules, reviewing evidence manually, or duplicating compliance efforts. Leverage expert-defined controls and AI-powered tools to identify and close compliance gaps quickly. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Given the number of existing and emerging privacy regulations today, you can end up spending hours on manual efforts to keep up (or spend huge amounts in legal fees). PrivacyCentral significantly reduces those costs by automating the assessment, interpretation, and application of laws. Stay compliant without crawling through online resources on new or updated laws, spending hours assessing submitted evidence, or duplicating compliance efforts. Leverage expert-built operational templates and expertise-enabled AI tools to close your compliance gaps quickly. Accelerate time to compliance Maintained and continuously updated by TrustArc’s team of privacy experts, PrivacyCentral uses a controls-based framework and AI-powered functionality to make it easy to identify compliance gaps, assess and score evidence quality, track compliance progress, and prioritize tasks. Eliminate the need to answer the same questions for every new regulation or standard – or update. With 1200+ common controls, your team spends less time on redundant work, and more time solving what’s unique. PrivacyCentral's library includes over 125 global privacy and security laws and standards – continuously updated by a team of privacy and legal experts. NIST Cybersecurity Framework New Zealand’s Privacy Act CCPA (California Consumer Privacy Act) CPA (Colorado Privacy Act) VCDPA (Virginia Consumer Data Protection Act) MPSA (Massachusetts Data Privacy Law) CTDPA (Connecticut Data Privacy Act) Texas DPSA (Data Privacy and Security Act) Oregon CDPA (Consumer PData Protection Act) Canada PIPEDA (Personal Information Protection and Electronic Documents Act) Florida Digital Bill of Rights Go from manual to automated compliance management Reduce fatigue with common controls With a controls-based model, PrivacyCentral identifies shared requirements across multiple frameworks. Complete once, and apply everywhere—cutting down up to 30% of redundant actions. Built-in AI for smarter compliance Leverage AI to do the manual work for you, including monitoring regulatory changes, autofilling responses across laws, auto-categorizing evidence, analyzing evidence, and making recommendations to close compliance gaps. Organizational configurability Upload your organizational hierarchy maps to customize workflows, assign responsibility, and create focused accountability across teams and business units. On-demand attestation & reporting Track KPIs with drag-and-drop dashboards, customize reports, and align privacy status with business priorities. Centralize evidence, compliance metrics, and task management in one view. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Meet AI Evidence Analyzer – save time with intelligent automation Instantly assess the quality and relevance of your evidence. Get actionable recommendations for improvement. Save hours of manual review time – so you can focus on what matters most. TrustArc, through its PrivacyCentral platform, is helping us to identify gaps in our privacy and AI governance programs where we can better document policies, procedures, and notifications to align with requirements around the world.” -Information Technology and Services Customer, G2 PrivacyCentral played a valuable role in helping DoubleVerify create a scalable privacy program that offers business continuity now, and for years to come.” – Beatrice Botti, VP, Global Data & Privacy Officer We have found it very helpful for streamlining privacy management without any time spent on understanding the new laws or how to interpret them. Its AI technology helps to analyze the company profile against all laws/policies and implement suitable policies. I also like the TrustArc support team which are technically strong and professionally resolved issues on time. Overall, It is easy to use and a very helpful platform for our organization.” – Harish, Senior Software Analyst PrivacyCentral is a great planning tool which helps us plan out the year and helps us understand and prioritize risk.” – Mobile Engagement Software Customer Using AI Evidence Analyzer, we can quickly identify areas that need attention without having to dive deep into each assessment manually.” – Emerson Pang, Compliance Analyst, QAD Eliminate compliance redundancy If you’re still relying on manual efforts to track changes in privacy and security laws, it won’t be long before it becomes impossible to keep up, much less get ahead. PrivacyCentral reduces your costs and time-to-compliance with AI-powered automation. ==================================================================================================== URL: https://trustarc.com/products/consent-consumer-rights/ TITLE: Consent & Consumer Rights Solutions | TrustArc TYPE: product --- Be a trustworthy brand with privacy-first digital experiences. Easily orchestrate consents, preferences, opt-ins/outs, and empower your customers. Follow legal requirements, honor user expectations By 2024, 75% of the global population will have its personal data covered under privacy regulations. Achieve global consent compliance and provide delightfully simple experiences for users to exercise their data privacy rights and consent preferences while reducing your risk, complexity, and costs. Capture and manage real-time customer consent activity, opt-ins, and opt-outs across brands and channels Scan and manage third party cookies and third party trackers for your auditing purposes and accuracy of privacy notices Customize a dynamic and compliant preference center for consumers and employees to exercise their data privacy rights and choose their preferences Fulfill data subject request workflows compliantly and efficiently TrustArc’s Privacy Studio Apps Easily meet the ever-changing global cookie compliance requirements with minimal effort and build your brand’s trust along the way. Consent & Preference Manager Build trust with a privacy-first, personalized consent experience across your entire marketing and vendor ecosystem with a centralized repository. Individual Rights Manager Streamline users’ privacy rights requests around their data with automation, saving you time and reducing your risk. Unify all trust-related information. Provide real-time updates, accelerate sales, support one-click privacy rights, and turn compliance into a revenue-driving advantage. Recent G2 Software Awards #1 Data Privacy Management #1 Consent Management Platform Forrester TEI ROI of Privacy Report Forrester’s Total Economic Impact Study (TEI) finds a customer ROI of 126% with a total benefit of $2.08M when using the TrustArc Platform. TrustArc commissioned a Forrester study to analyze the potential benefits of using our platform and the Forrester team found ROI linked to efficiency, compliance and decreased cost in data breaches. ==================================================================================================== URL: https://trustarc.com/products/privacy-data-governance/ TITLE: Privacy & Data Governance | TrustArc TYPE: product --- Modernize your operations Protect your company and data with privacy-driven compliance software. Streamline data governance with deep automation that cuts your time to compliance — including automated data mapping, risk assessment, and automated workflows. Automate up to 80% of your privacy compliance and data risk management Utilize data compliance technology to accelerate planning, prioritization, and action. Continuously understand and address all laws, regulations, and frameworks. Ensure transparent measurement and reporting to foster deep trust with customers, investors, and trade partners. Always know your risk with automated data mapping, auto-risk analysis, and auto-generated remediation actions. TrustArc Benchmarks Report Maximize privacy program and auditing efficacy Specialized data privacy management software instills the highest level of confidence in privacy practices according to our Privacy Index — surpassing GRC — and greatly exceeding internally developed and free privacy tools. TrustArc’s Governance Suite Apps Use automation and privacy expertise to understand your compliance requirements, build and manage your privacy program — and stay ahead. Data Mapping & Risk Manager Efficiently and accurately know where and why personal data is being collected in your organization, who is collecting it, what they’re doing with it — and the risks associated with that data collection. Streamline and customize privacy assessments, including performing and automatically scoring PIAs, DPIAs, TIAs, Vendor Assessments, Assessment, and more with automated workflow tracking. Stay informed in real time about your data privacy compliance requirements with expert-written and timely updates on privacy laws globally. Recent G2 Software Awards #1 Data Privacy Management #1 Consent Management Platform Forrester TEI ROI of Privacy Report ==================================================================================================== URL: https://trustarc.com/alternative/trustarc-vs-onetrust/ TITLE: Compare OneTrust vs TrustArc [2026] TYPE: page --- TrustArc vs OneTrust: Which privacy platform is right for you? Choose a privacy pioneer with a user-friendly platform, predictable pricing, reliable support, end-to-end functionality, in-house expertise, and organizational certifications. TrustArc is purpose-built for privacy teams. Why do people switch from OneTrust to TrustArc Privacy focus. Customer focus. Productivity focus. Privacy first, privacy focused Get faster onboarding, easier compliance, unified workflows, and intuitive, AI-driven workflows with a platform that thinks and works like privacy and compliance professionals. Safe, AI-powered automation Manage privacy with Arc Intelligence, an AI layer that simplifies your day-to-day workflows based on program context and in-house privacy knowledge. Your data is never used to train AI models . No more fragmented case-to-case AI assistance agents. Assurance and certifications Get third-party assurance, privacy-specialized support, and government-recognized certifications (including , etc.) under one roof. This includes services like and cross-border data transfer mechanisms. Accelerate compliance with embedded, platform-wide privacy expertise with , operational templates, and , grounded in 28+ years of privacy expertise World-class services and support Avoid tiered support packages, business-hours only customer service, and more. Get dedicated Customer Success, 24/7 support, extensive self-support resources, managed services, and Technical Account Managers. Get the enterprise privacy management software that’s rated higher for ease of use, implementation, and customer support than OneTrust. (313 reviews!) Don't settle for complication, frustration, fragmentation, and rigidity. Choose 28+ years of embedded experience, intelligence, end-to-end functionality, and unwavering with TrustArc. Built for privacy professionals by privacy professionals. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Thousands of companies worldwide rely on TrustArc. We switched to TrustArc from OneTrust because of poor support and an inability to get their cookie tool working on our site. Working with TrustArc has, quite literally, been exactly as we hoped. Our Technical Account Manager has been a big part of our success. Sean McInnis, Data Protection Officer, New England Journal of Medicine Even after just a short time with Arc, it is evident that this will be a really useful tool in helping to get new team members up to speed faster and making onboarding smoother…From speeding up vendor onboarding to quickly surfacing what matters most, Arc will help my team and me work smarter. JaNeen Allen, Senior Manager Privacy/Cybersecurity Compliance at Post Holdings [OneTrust] Customer support is non-existent – you’re on your own. Implementation was tricky. Plus, you’re required to view 4 hour-long videos just to get started, which is quite overwhelming. Verified User in Computer Software, G2 Review Arc offers a glimpse into the future of compliance — thoughtful, efficient, and built for the way privacy teams operate. Beatrice Botti, SVP, Chief Privacy Officer at DoubleVerify Want to Switch from OneTrust? Migrate in days, not weeks. With our 28+ years of privacy experience and a dedicated implementation team to handle all the heavy lifting. Skip the long implementation times, hours of training videos and focus on what matters most. How does the migration process work? The migration from OneTrust is a six-step process that we can complete in a few weeks to complete. The process is designed to seamlessly move your data and modernize your existing privacy program. For more information, check out our Migration to TrustArc webinar Arc is the next generation of the TrustArc platform, powered by Arc Intelligence. To see Arc in action, How does Arc Intelligence handle my data? How much does TrustArc cost? TrustArc offers predictable pricing with modest and consistent renewals, helping avoid the unexpected cost increases common with . To learn about TrustArc pricing, . We will get back to you. What are the strengths of TrustArc vs OneTrust? TrustArc is the #1 leader on G2, rated higher for ease of setup, support quality, and reporting compared to OneTrust. We offer an end-to-end privacy platform and third-party TRUSTe Assurance Services. We are also known for more granular data mapping and risk analysis, assessment automation, cookie/tracker capabilities, and deeper privacy regulatory knowledge and content. ==================================================================================================== URL: https://trustarc.com/company/customers/ TITLE: Awards & Recognition in Privacy Excellence | TrustArc TYPE: page --- Our customers include organizations of all sizes and privacy program maturity. We work with companies of all sizes, from Fortune 100 global enterprises to venture-funded start-ups. So no matter how big or small your business is, we make it our priority to be customer-obsessed. Thanks to all of our customers for making TrustArc a leader across so many G2 categories. Your ongoing support for our products, services and strong commitment to privacy allow us to continue to innovate and provide solutions that help address some of the most pressing issues facing organizations today. Top-rated by those who matter most The grid powered by real users The G2 Grid ranks software based on thousands of verified user reviews and data signals. It’s not analyst hype. It’s what your peers are saying. A spotlight on customer experience TrustArc has earned the top Satisfaction Score in the G2 Data Privacy Management Grid — 12 quarters in a row! It’s feedback from real users that drives this recognition. Independent. Transparent. Reliable. Unlike paid awards or vague rankings, the G2 Grid reflects authentic feedback from people who use TrustArc every day to manage their privacy programs. TrustArc has been extremely helpful in getting us set up to be compliant with a number of privacy and other applicable laws. Further, the customer team we are working with who provide implementation support are incredible and we couldn’t ask for a better team – Jacob G., Information Technology Implementation was a breeze. The team has guided us through the process. In addition, and probably more importantly, the support team has been available at the beginning and for follow-up throughout the year. Our account manager, Daisy, could not have been any more helpful in getting set up and operating. It feels great to have a partner helping us to get running and ensuring our compliance with the regulations, and providing customers a good experience. Some of our customers include Forrester TEI ROI of Privacy Report TrustArc commissioned a Forrester study to analyze the potential benefits of using our platform and the Forrester team found ROI linked to efficiency, compliance and decreased cost in data breaches. ==================================================================================================== URL: https://trustarc.com/products/assurance-certifications/dispute-resolution/ TITLE: Global Privacy Dispute Resolution Expertise | TrustArc TYPE: product --- Assurance & Certifications TRUSTe Dispute Resolution Service Unresolved conflict and ineffective consumer or business partner disputes can be reputationally and financially costly. Reduce risk and let a trusted third party resolve it. Modernize your privacy program Address complaints from consumers, business partners, or end-users to help minimize risk of escalation to an enforcement agency or media. Our TRUSTe Dispute Resolution program manages 3,000-9,000 requests annually. Our company has been helping clients with privacy-related dispute resolution for over two decades across industries and business models. Achieve positive outcomes Leverage a highly experienced third-party mediator to analyze and recommend a resolution. Disputes are kept confidential by TrustArc, outside of media or public records. TrustArc's Dispute Resolution Service is a cost-effective option to help reduce risk and meet needs under regulatory frameworks. It satisfies the Independent Recourse Mechanism requirement for the EU-US Data Privacy Framework, which includes coverage for both Swiss-US and UK Extension. Similarly, it satisfies the dispute resolution requirement for the APEC CBPR and PRP Systems. The consumer utilizes the TRUSTe feedback button or form to file a complaint. TRUSTe analysis to determine whether issue is in scope and whether response by the Client is required. TRUSTe facilitates dialogue and may suggest approaches to help resolve the situation. TRUSTe provides its determination, closing the issue and evaluating any appeal. Internationally recognized privacy experts Global team of privacy expertise with 20+ years of refined subject matter knowledge. Our team members have hands-on experience across a wide range of industries and jurisdictions, and our organization has completed over 10,000 client engagements. Recognized Accountability Agent As an Accountability Agent for APEC CBPR System, as well as our long history of providing verification and dispute resolution services under other EU-US regulatory frameworks such as Safe Harbor/Data Protection Framework, we are experienced in helping resolve disputes including cross-border consumer complaints. Exceptional dispute resolution service Resolve privacy complaints with trusted mediators ==================================================================================================== URL: https://trustarc.com/solutions/ TITLE: Privacy Solutions for Modern Organizations | TrustArc TYPE: solution --- Is the platform privacy-first, with current, traceable regulatory intelligence built in, or is privacy just another workflow layered onto a broader system. If the guidance is not authoritative, teams end up second-guessing it. Does privacy work stay unified across the program, with intelligence embedded directly into everyday tasks, or do teams have to translate legal expectations into operational steps on their own. Translation is where time, confidence, and budget leak out. Can you demonstrate accountability with evidence and third-party validation when required, and do you have access to real privacy expertise as the program evolves. TrustArc is built by privacy professionals and pairs end-to-end privacy software with world-class customer support and assurance experience, so teams are supported when judgment matters. Be wary of platforms that look broad but slow adoption, fragment work, and quietly push cost back onto your team through complexity and outside counsel. ==================================================================================================== URL: https://trustarc.com/solutions/geo-specific-cookie-banner/ TITLE: Why Do You Need A Cookie Consent Banner? | TrustArc TYPE: solution --- Is your cookie banner compliant? : Do Not Sell/Share opt-outs Cookie Notice / Privacy Policy Advertising standards via IAB TCF (Google Certified CMP Provider) Are your cookie banners compliant with changing laws (CCPA/CPRA, GDPR, Required opt-ins and opt-outs Are you providing opt-outs for tracking and cookie usage (i.e. Do Not Sell/Share under CCPA)? Compliant tracker identification Are you identifying online trackers such as website tags, trackers, cookies, pixels, abeacons) through regular scans for CCPA and CPA compliance? Are you meeting the increasingly rigorous requirements for disclosure with respect to your use of third-party tracking technologies under important US regulator standards like HIPAA, FTC, CCPA, VCDPA, CTDPA, or CPA? Nymity Research: Understand your obligations Save time, effort, and costs with timely and digestible legal summaries on 244+ global jurisdictions and their cookie obligations and consent laws. Easily meet the requirements of multiple data privacy laws and regulations from across 100+ global jurisdictions, and manage multiple international domains and over 70 languages. Utilize extensive privacy functionality and framework support (e.g. GPC, Do Not Sell or Share, Do Not Track, IAB GPP, IAB TCF 2.2, etc.) as a Google-certified CMP. Automated tracker management Take advantage of deep scanning to find online cookies and trackers you didn’t even know existed on your websites. Don’t waste your time manually categorizing your trackers. Watch as we automate categorization of those trackers as Required, Functional, or Advertising. Easy installation and configuration Deploy customized cookie banners in four easy steps, with one script for all your websites and one for your mobile apps. Our on-demand metrics (device type, opt-ins/opt-outs, bounce rates) offer flexible filtering and integrations for complete visibility. ==================================================================================================== URL: https://trustarc.com/solutions/by-function/digital-marketing/ TITLE: Privacy Solutions for Data-Driven Marketing | TrustArc TYPE: solution --- Simplified approach to managing user privacy in data-driven marketing. Provide radical transparency and an unparalleled privacy user experience Delivering a branded and secure digital experience is essential in doing business in the digital age. As marketers, it’s important that your organization is continuously demonstrating and prioritizing your consumers’ data privacy rights. TrustArc solutions enable organizations to simplify and meet consumer rights requirements, including GDPR and CCPA, while delivering radical transparency and a robust privacy user experience. Integrated solutions for optimal digital compliance Consent & Preference Manager Provide transparency to your consumers Gain a comprehensive understanding of your website’s tracking activity and identify compliance risk, conduct cookie audits, and manage trackers for consent. Leverage these insights to deliver a secure and faster digital user experience. Deliver compliant consent experiences Meet the ever-changing global consumer requirements, including , and configure the consent approach to display the applicable consent banner based on the user’s location. Optimize consumer engagement and customize the full consent experience that aligns with your company’s brand. Individual Rights Manager Simplify and automate data subject requests fulfillment to meet various response timeframes. Collaborate with your team and dynamically assess requests to deliver accurate, secure, and on-brand responses to your consumers. Obtain mobile consent and preferences Simplify mobile compliance requirements with the integration of an SDK. Properly manage user consent and provide transparency into the third-party technologies responsible for collecting and sharing user data. Privacy Solutions By Function Learn how TrustArc can enhance your marketing ==================================================================================================== URL: https://trustarc.com/products/consent-consumer-rights/consent-preference-manager/ TITLE: Customer Consent & Preference Management Platform | TrustArc TYPE: product --- Consent & Preference Manager Capture consent and preferences across all channels Put your customers first with flexible privacy experiences that work across your entire marketing, vendor, and app ecosystem. To get a deeper understanding of the foundational principles of consent and preference management, check out what consent and preference management is and how it works. Cross-channel consent and preference management is challenging Managing customer privacy preferences across brands, apps, websites, and marketing tools can quickly become overwhelming. One mistake can break customer trust, increase opt-outs, harm your reputation, and cost you business. Streamline with a centralized consent and preference management system Make it easy with a central hub to track customer preferences across your brands, tools, and digital channels. Give customers a clear, easy-to-use center to manage their choices for marketing, mobile, products, ads, and profiling. Build customer trust with seamless orchestration Collect, sync, and process customer privacy choices and first party data across your marketing channels. Allow customers to view their entire consent history and modify their preferences anytime – building trust for the long term. For enhanced accessibility, all public-facing web elements of Consent and Preference Manager meet WCAG 2.2 Level AA and ADA standards, providing ‘’privacy for all”. Achieve global compliance with real-time consent management Adhere to evolving privacy laws by clearly documenting user consent for data collection, use, and disclosure, reducing the likelihood of legal issues and fines. Ensure user preferences are logged, stored, and updated in a secure and compliance manner to reduce the likelihood of data breaches and ensure data processing practices align with user expectations and legal requirements. Secure consent storage and real-time syncing ensure your data privacy compliance is always up-to-date. Seamless real-time integration with third-party applications. Easily sync preference data with downstream systems using seamless integrations. Leverage a centralized consent and preference management repository to run compliant marketing campaigns that respect customer choices. Cross-platform compatibility (web and mobile) Support all digital experiences, from web to mobile, with a consistent customer experience across every touchpoint. Customer experience meets privacy compliance Compliant processing of user choices Use dynamic intake forms and consent prompts to stay compliant with global privacy laws (e.g. CCPA, GDPR, LGPD, PIPEDA, UK DPA, ePrivacy, GPC, and more). Rely on role-based access and data anonymization/pseudo-anonymization to keep consent data secure. Responsive customer experience Personalize forms and prompts to increase opt-ins and build loyalty — experiment with different form options to discover what works best and then follow through with full transparency, including customer access to consent histories. Easily set up and brand with drag-and-drop tools, templates, or your own custom CSS—all with a quick, turnkey implementation. Regulatory compliance and audit trails Easily export and share reports, including audit trails for compliance. Track history of consent preferences and overall consent trends in a central location, allowing you to demonstrate ongoing data privacy compliance with regulations. Personalized data subject values Use magic links to personalize consent and preference forms for each user and data type, so they don’t need to re-enter their details and can’t submit consents for others. Multilingual and geolocation-based consent and preference management solutions Support over 60 languages with geolocation-based dynamic consent management banners. Tailor the consent collection process based on user location, ensuring compliance with international data protection laws. They are experts in privacy and compliance and keep us ahead of the things we don’t have dedicated resources for. TrustArc has a solid platform with strong customer account management, making it easy to manage multiple international domains. TrustArc provides hands-on customer support and frequently solicits feedback from its clients. I appreciate being able to reach someone quickly when I have a question. I know that with TrustArc, my company will meet legal and regulatory compliance requirements. It is very simple and turn-key to set up. Why putting customers first pays off with the right consent management platform Honoring customer choices and personalizing your digital and marketing experiences can improve customer trust and build brand loyalty. Improve your customer experience with TrustArc Consent & Preference Manager. Consent & Preference Management FAQs Do I need a Consent & Preference Management platform? If your website handles personal data from areas with existing privacy laws, like Europe (e.g., GDPR) or California (e.g., CCPA), you want a Consent Management Platform. It helps you follow the rules and lets users manage their consent safely. What are the benefits of a Consent & Preference Management platform? A Consent & Preference Management Platform helps you automate the data privacy compliance process, streamline the consent management system, enhance user trust, and avoid legal issues. It also simplifies the collection of explicit consent and helps you manage customer data more effectively. What is the Consent & Preference Management process? The Consent & Preference Management process involves collecting, storing, and managing explicit consent from users regarding the use of their personal data. It includes ensuring compliance with relevant data privacy laws like GDPR, providing transparency to users, and offering them the ability to modify their preferences at any time. How does a Consent & Preference Management Privacy Management platform improve user trust? A consent & preference management platform builds trust by giving users clear consent choices and showing that their data is handled securely and legally. This openness helps keep users engaged, knowing their privacy is protected and respected. ==================================================================================================== URL: https://trustarc.com/products/consent-consumer-rights/cookie-consent-manager/ TITLE: Cookie Consent Management Software & Tool | TrustArc TYPE: product --- Global cookie and tracker consent management With increasing regulations and enforcement actions on cookies, tracking technologies, and ad tech, it’s important to ensure your digital marketing and advertising remain compliant. TrustArc privacy expertise and automation help you meet global consent requirements with minimal effort while helping you maximize opt-ins and fuel customer trust. Top-rated by those who matter most The grid powered by real users The G2 Grid ranks software based on thousands of verified user reviews and data signals. It’s not analyst hype. It’s what your peers are saying. A spotlight on customer experience TrustArc has earned the top Satisfaction Score in the G2 Enterprise Consent Management Platform Grid — 8 quarters in a row! It’s feedback from real users that drives this recognition. Independent. Transparent. Reliable. Unlike paid awards or vague rankings, the G2 Grid reflects authentic feedback from people who use TrustArc every day to manage their privacy programs. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Manage compliance with ease Your digital presence puts you in front of consumers everywhere. Each jurisdiction can have constantly evolving and unique requirements when it comes to cookies and online tracker management (e.g. , Montana’s MCPA, Texas’ TDPSA, Oregon’s OCPA, , Quebec’s Law 25, and more). Non-compliance with the latest requirements invites costly legal consequences and erodes customer trust in your ability to protect privacy. Consent automation with compliance expertise Save time with easy setup, automated tracker scans, and quick installation on your websites. Automate key activities like tracker categorization, cookie blocking, and more in accordance to laws and standards globally. Global compliance and accessibility Easily meet the requirements of multiple privacy laws and regulations from across 100+ global jurisdictions, and manage multiple international domains and languages. WCAG 2.2 – Level AA and ADA guidelines supported ensuring accessibility for all users. Privacy-first capabilities Optimize your digital experiences to support GPC browser signals, opt in/opt outs like Do Not Sell or Share, Do Not Track signals, IAB TCF 2.2, IAB CCPA, IAB GPP, Google Consent Mode, AdChoices, etc. Amplify your advertising compliance Control sharing or selling of personal data to advertisers using IAB frameworks and our technologies to comply with regulations such as CCPA or GDPR. Enable seamless consent experiences Provide the best customer experiences with consistent consent choices across multiple devices or browsers. Reduce bounce rates and improve website conversions without constant cookie or tracker banners popping up. Transparent compliant disclosures Promote transparency and trust with online tracker disclosures (fulfilling requirements under CCPA, CDPA, UCPA, CTDPA, and CPA) – avoiding fines/lawsuits and damaging brand trust while ensuring optimal participation in customer loyalty, referral, and discount programs. CMP Supported by Google, Microsoft, and Twilio Enjoy seamless compatibility with Google Consent Mode (as a Google-certified CMP partner with a Gold status for web and mobile), Microsoft UET Mode, and Twilio’s ad products. Easy installation and configuration Deploy customized cookie banners in four easy steps, with one script for all your websites and for your mobile apps. Configurable consent banners Multiple configuration options with geographic IP detection to meet both your jurisdiction-specific compliance requirements and your brand requirements. Real-time executive dashboards Enjoy on-demand metrics (device type, opt-ins/opt-outs, bounce rates) with flexible filtering and integrations for complete visibility. Extend consent management to mobile apps with Firebase and leading App Attribution Partners (AirBridge, AppsFlyer, Singular) to ensure compliant consent signals across app environments. Plug into platforms that power your business Easily integrate with leading Content Management Systems and Tag Management Systems – Shopify, WordPress, Drupal, Joomla, Segment, Tealium, Adobe, Webflow, and more! Automated cookie discovery and tracker management Automated website scanning Perform unlimited and frequent scans of online trackers on your website to identify suspicious trackers and meet compliance requirements (e.g. CCPA, CPA). Includes advanced scanning capabilities for vendor management (e.g. scan behind logins or HTML forms). Automatically bucket cookies and trackers into required, functional, and advertising categories – no manual intervention needed, simply review. Enable auto-block functionality to support different consent use cases, including “zero-cookie load”. TrustArc solves multiple issues across our enterprise for ensuring we meet regulatory requirements for data privacy. TrustArc’s solutions help us track cookies, perform user preference management and perform internal privacy impact assessments to understand and assess maturity across all of our affiliated companies. TrustArc has a solid platform with strong customer account management, making it easy to manage multiple international domains. It feels great to have a partner helping us to get running and ensuring our compliance with the regulations, and providing customers a good experience. Our Technical Account Manager, Gerard, has been instrumental in supporting TELUS International since 2018, enabling our analytics and privacy teams with a thorough understanding of tools and data governing bylaws. His leadership and commitment have significantly expedited our cookie banner implementation, reducing privacy risk. I’m extremely pleased to work with TrustArc and highly recommend their services. Daniel Ang, Web Analytics Manager, TELUS International Maximize brand trust with customer privacy G2 Enterprise CMP Ranking #1 for 8 consecutive quarters Technical Account Manager (TAM) Dedicated TAM included in Advanced supports technical configuration, compliance, audit reviews and more. Auto-detects 1st-party, 3rd-party, and piggybacking trackers Surface-level scanning only of 1st and known 3rd-party trackers only Deep scanning behind login, dynamically loaded content, daisy-chains Shallow or page-limited scans, often log-in pages excluded Scan frequency and alerts Continuous scans with change alerts Manual or periodic, triggered by user Real-time classification into functional, performance, marketing, etc. categories Manual mapping or third-party plug-ins required Proprietary Tracker Risk Database Risk ratings on every third-party tracker Not available or manual vendor profiling Full privacy governance suite Risk assessments (e.g., PIAs), DSRs, data mapping, governance, and third party validation Most privacy laws require cookie/tracker consent. These laws aims to give users meaningful control over their data. GDPR through proactive consent and CCPA through transparency and the right to opt out. What are third-party cookies and trackers? ==================================================================================================== URL: https://trustarc.com/products/privacy-data-governance/data-mapping-risk-manager/ TITLE: Automated Data Mapping & ROPA Solution | TrustArc TYPE: product --- Uses AI-assisted record creation, bulk record creation, Record Exchange, business process forms, and integrations to create and update records for systems, vendors, affiliates, and business processes. Reduces manual setup and makes it easier to build a living inventory instead of maintaining static spreadsheets. Generates interactive data flow maps, transfer maps, and relationship views across business processes, systems, vendors, and entities. Gives privacy teams a clearer picture of how personal data moves, where it is shared, and where obligations or risk may sit. Discovery-to-inventory workflows Ingests inputs from website-based third-party discovery, integrations, and third-party discovery tools into inventory and risk workflows. TrustArc also supports AI-assisted record creation and Record Exchange to accelerate inventory population. Discovery data becomes useful only when it is linked to processing context, ownership, and privacy obligations. Automatically calculates data processing, data transfer, and AI risk across records based on factors such as data sensitivity, processing purpose, geography, and AI usage. Helps teams identify which activities need deeper review instead of treating all records as equal. Recommends assessments based on calculated risk and supports linked assessments so control effectiveness can inform residual risk. Assessment execution happens in Assessment Manager. Connects risk identification to follow-up action without pretending the inventory itself is the full remediation workflow. Produces configurable GDPR Article 30 reports, including controller and processor outputs, with data flow and map options. Turns inventory and mapping work into regulator-ready documentation when teams need to demonstrate compliance. Vendor and third-party context Tracks third parties, links them to business processes and systems, supports role management, and surfaces third-party risk in context. Gives a more useful privacy view than a flat vendor list because risk depends on what data is involved and how it is processed. Supports revalidation schedules, notifications, audit trails, configurable exports, filtering, and record updates through integrations. Helps teams keep records current as systems, vendors, and processing activities change. ==================================================================================================== URL: https://trustarc.com/products/consent-consumer-rights/individual-rights-manager/ TITLE: Individual Rights Manager: Automatic DSR Software | TrustArc TYPE: product --- Individual Rights Manager Keep up with data subject requests effortlessly Automate and scale your DSR fulfillment with confidence and ease across different jurisdiction-specific requirements. Save time with DSR workflow automation and integrate with 300+ systems without code. Reduce risk with built-in privacy compliance features. Don’t let manual processes slow you down There’s an ever-growing number of data privacy laws that grant consumers and employees data privacy rights across 183+ jurisdictions (e.g., GDPR, California’s CCPA, LGPD, Canada’s PIPEDA, etc.) along with stipulated timeframes. Most organizations are processing between 51 and 100 subject rights requests (SRRs) per month, with processing of a single access request costing more than $1,500 (Gartner). Automate to accelerate DSR processes Manual processes for DSAR tracking and fulfillment are too slow to keep up with increasing volume of DSRs and too inflexible to easily accommodate multiple global regulations. TrustArc’s Individual Rights Manager automates the entire request fulfillment process to rapidly scale across mobile, web, and app environments according to jurisdictional requirements — allowing you to avoid regulatory fines and lawsuits. Be responsible and responsive Data continues to increase in complexity and volume. Your DSR solution should scale and make this easier for you in terms of searching for data and completing DSR fulfillment. Easily automate your workflow with TrustArc’s Individual Rights Manager. Scale with DSR automation Compliantly intake data subject requests Dynamically intake requests related to data subject rights, regardless of digital channel — mobile, web, or app — and automatically fulfill and act on data subject requests across systems with TrustArc’s Rapid API. Our logic-based intake templates are based on local regulations and browser language detection, and support for WCAG 2.2 AA and ADA guidelines for accessibility. Streamlined data request processing Auto-assign tasks to data owners based on the type of request, relevant jurisdiction, and brand, to streamline processing of a variety of requests. Automate communications to notify individual stakeholders bi-directionally across the rest of your tech stack. Automated privacy controls Implement privacy controls for requests by type of user (partner, customer, employee) and specific jurisdiction — no manual effort or privacy expertise required. Data subject lifecycle management Use identity verification and role-based access to anonymize fields for security, and get one-click, on-demand reporting to meet auditing requirements. TrustArc allows my company to seamlessly track and respond to consumer requests for different privacy laws. It also allows for user-friendly templates to be assembled to improve customer experience. The ability to manage data subject requests in combination with data inventory and risk assessments is key. TrustArc provides hands-on customer support and frequently solicits feedback from its clients. I appreciate being able to reach someone quickly when I have a question. TrustArc fills the role of the third party where data subjects can go to report any issues with our practices and also keeps us apprised of changes to regulations. Faster responses, fewer risks With TrustArc Individual Rights Manager, what used to be a long, arduous, manual effort to respond to DSRs is a straightforward, automated process—no special expertise or training needed. What DSR Automation Handles What DSR automation helps automate Branded intake forms across web, mobile, and app experiences, with logic-based fields, browser language detection, and configurable notices. Gives Data Subjects a clearer way to submit requests and gives your team cleaner inputs. Email-based verification and integrated identity checks to confirm requester identity during intake. Ensures the requester is authorized before personal data is disclosed, modified, or deleted, reducing risk and supporting regulatory compliance. Automatic task creation, task hierarchies, routing to the right privacy team member or system owner, and automatic notifications. Cuts handoff time and reduces the follow-up work that slows teams down. Jurisdiction-based due dates, extensions, reminders, and status visibility. Helps teams stay on top of legal timelines across Jurisdictions. Fulfillment across systems Through 300+ integrations, teams can locate data, create tickets, and trigger downstream actions such as opt-out, delete, correct, or update workflows in connected systems. Moves the work closer to the systems where data actually lives. Automatically logged requests, activity history, dashboards, and metrics such as aging and median completion time. Gives privacy teams the record they need for audits, appeals, and regulator questions. Full or partial anonymization rules, role-based access, and options to protect request data. Helps reduce unnecessary exposure of request-related personal data. DSR automation is software that streamlines how organizations manage data subject requests from intake through resolution. It automates and standardizes steps such as request intake, identity verification, task routing, deadline tracking, requester communication, and audit-ready documentation. What are data subject requests (DSRs)? Data subject requests (DSRs) are how individuals exercise their privacy rights under global laws. Common types include the right to access personal data, correct inaccuracies, delete or restrict processing, port data, object to processing, or opt out of certain uses. DSR automation software ensures these requests are captured and processed in line with applicable regulations. How does data subject request software work? Data subject request software gives privacy teams a structured workflow to: Receive and centralize requests Verify the requester’s identity Assign tasks to the right teams or system owners Coordinate actions across integrated systems Communicate with the requester Maintain a complete, auditable record of the process Why is DSR automation important for privacy compliance? Compliance requires more than just receiving requests. Organizations must verify the requester, respond within legal deadlines, coordinate cross-team actions, and document every step. DSR automation software reduces the risk of missed deadlines or incomplete responses, helping teams meet GDPR, CCPA, and other global privacy requirements. What is an individual rights request? An individual rights request is another term for a data subject request. It represents a person exercising their privacy rights, whether it’s accessing, correcting, deleting, or restricting their personal data. Using a centralized solution for these requests ensures consistency across jurisdictions and request types. How does DSR automation reduce risk? Automation reduces the operational risk from fragmented workflows, human error, missed deadlines, and insecure handling of sensitive information. It ensures every action is logged, creating a strong audit trail and reducing compliance exposure. What role does identity verification play in DSR fulfillment? Identity verification confirms the requester is authorized to access, modify, or delete personal data. Modern DSR automation software supports multiple verification methods such as email-based and integrated verification checks, so organizations can validate identities while maintaining secure, auditable processes. Can DSR automation integrate with multiple systems? Yes, and the depth of integration matters. The most effective solutions connect with hundreds of business systems to automate data lookups, ticket creation, consent updates, deadline alerts, and reporting workflows. The broader and deeper the integration library, the less manual work falls back on your team. How does DSR automation improve privacy operations? By centralizing intake, standardizing workflows, clarifying ownership, and automating communications, DSR automation creates a repeatable operating model. Teams gain consistent processes, actionable visibility, and a complete record of all request activity, making privacy operations more reliable and auditable. How does DSR automation help organizations scale? Automation enables organizations to handle increasing volumes of requests without adding proportional staff. Workflow automation, intelligent routing, automated notifications, and integrated system actions allow privacy teams to scale efficiently while maintaining regulatory compliance and process integrity. ==================================================================================================== URL: https://trustarc.com/resource/continued-evolution-and-success/ TITLE: TrustArc’s Continued Evolution and Success | TrustArc TYPE: resource --- For 13 years, I (Chris) have had the pleasure of leading TrustArc as CEO. When I joined in 2009, we were the certification company TRUSTe and “privacy management” meant having a well-written and accurate privacy policy on your website. Wow, how the world has changed. Over the past decade we have seen amazing growth in the quantity and value of data, thereby creating a tremendous need for privacy technology to help companies manage and use data safely and legally. From initially building SaaS technology to manage consent for tracking in ads and on websites, TrustArc evolved to build a unique SaaS platform to help companies scale and manage their privacy programs amid the incredible complexity caused by GDPR/CCPA/PIPL and a plethora of other laws and regulations. It has been an amazing experience to work with clients to solve these challenges alongside TrustArc’s brilliant employees! Time has come for another evolution of TrustArc, which is my transition from CEO to a board member and advisor to the company. Along with the investors and board of TrustArc, I’m excited to share that Jason Wesbecher will be TrustArc’s new CEO. Serving on the team as chief revenue officer for more than two years, Jason has led our go-to-market strategy and worked closely with customers to overcome their challenges. He has done an incredible job, and I look forward to working with Jason as he takes on this new role. Advisor and Board Member, TrustArc First and foremost, I want to thank Chris for not just building a great company but also creating an entire category around Data Privacy Management. It’s rare in the software industry to accomplish one of those feats, let alone two. I am excited to continue to partner with Chris in his capacity as an advisor and board member as we enter the next phase of TrustArc’s journey. So, what does that phase look like? In the near term, it means we redouble our efforts to provide our customers with reliable, easy-to-use applications supported by world-class privacy experts. We also aspire to serve our customers as a trusted business partner committed to delivering projects on time and with full visibility into their three-year total cost of ownership. We know you don’t like surprises, and frankly, neither do we. With this keen focus, there is no doubt we will continue to see our growth accelerate and continue to beat our profitability goals and plans. When Chris hired me two years ago, I was eager for the challenge ahead of all of us in this ecosystem. Companies must navigate a perplexing tsunami of global and statewide regulations — frequently using manual tools not purpose-built for the job. And it’s not letting up. Today, my commitment couldn’t be stronger as we work to enable all of us in the community to deliver on the promise that “privacy is a human right.” ==================================================================================================== URL: https://trustarc.com/resource/online-behavioral-advertising-icon-awareness-eu/ TITLE: Potential Business Benefits from Increasing OBA Icon Awareness in Europe | TrustArc TYPE: resource --- Online Behavioral Advertising Icon Awareness Increases in Europe Europeans are growing more aware of their opt-out choices when it comes to online advertising, a new survey shows. The survey conducted by Ipsos MORI on behalf of TRUSTe and the EDAA measured awareness, engagement, and impact of the European Self-Regulatory Programme for Online Behavioural Advertising (OBA). The findings showed increased awareness of the OBA Icon across the 13 European countries surveyed. In 10 of the 13 countries surveyed, at least 1 in 4 consumers are aware of the OBA Icon and say they have clicked on it. The survey also found that the European Self-Regulatory Programme can positively affect consumer attitudes towards the concept of OBA and brand trust by providing transparency regarding the information being collected and allowing consumers to control their privacy preferences. More Transparency, Privacy Preferences, and Choices are Key to Consumer Trust Gaining consumer trust by providing choice and transparency is key for businesses that want to be successful. In early 2015, TRUSTe conducted another survey gauging U.K. consumers’ trust in companies that collect personal information. Compared to previous years, an increasing number of consumers said they were concerned about their online privacy , which resulted in the majority of consumers saying they avoid doing business with companies that don’t protect their personal information. Consumers said the best way for businesses to help lower their concerns was to provide more transparency about how their information is collected and used. “This research shows the importance and effectiveness of programs that enable consumers to exercise meaningful choice with regard to online behavioral advertising, as opposed to turning off ads altogether,” said Chris Babel, TrustArc CEO. ==================================================================================================== URL: https://trustarc.com/resource/women-in-privacy-leadership-roles-interview-with-joanne-mcnabb/ TITLE: Women in Privacy Leadership Roles: Interview with Joanne McNabb | TrustArc TYPE: resource --- What few realize, though, is how many women are leading the way when it comes to protecting and promoting privacy rights. From Ireland’s data regulator Helen Dixon to newly appointed White House CTO Megan Smith, women hold high offices when it comes to championing privacy. Add to this list California Attorney General Kamala Harris and her director of Privacy Education and Policy, Joanne McNabb. Joanne was kind enough to answer some questions via email. What is your role at the California Attorney General’s office? I’m part of the Privacy Enforcement and Protection Unit that AG Kamala Harris created 2-1/2 years ago. I develop educational programs and materials directed to both businesses and consumers. I also advise the AG on emerging privacy issues and pending privacy legislation – and there’s been a lot of that in the California Legislature over the past decade or so. In the two-year session that just ended, we were keeping an eye on about a dozen bills. We don’t take official positions on many of them, but we do provide technical information to the Legislature based on our knowledge of privacy issues, laws, and practices. In 2013 we sponsored a bill – on DNT (“do not track”) disclosures – that was ultimately signed into law. I don’t think that a new law can resolve every privacy problem, but in an area that is evolving rapidly with technological developments, it’s important to have standards that preserve important societal values. Sometimes such standards can take the form of best practice guidance, sometimes “co-regulatory” codes like those the has been working on, and sometimes laws. Laws that require transparency , like the breach notice law and CalOPPA (which AB 370 amended), can push organizations towards better privacy practices. How does the AG’s Privacy Enforcement and Protection unit work with businesses (in terms of providing education & resources)? Much of our educational work is done for and with businesses. In 2-1/2 years, the Privacy Unit has produced four best practice guides: on mobile with a focus on app developers; on medical identity theft for health care providers, payers, and policymakers; on cybersecurity for small-to-medium businesses; and on developing meaningful privacy policies. For each of these, we consulted with stakeholders representing a broad range of interests, always including privacy and consumer advocates. I really enjoy working on these projects and getting the perspectives – and the help – of many people. On one of them, we had a meeting with 15 people in the room and 76 on the phone. After a cacophonous beginning, I realized we could not all introduce ourselves, so we just plunged into the work. It takes time, and it isn’t always easy, but I think the end products are generally viewed as helpful. I certainly hope so. Our aim is to help set standards for data practices that are respectful of individuals’ privacy interests, even when not clearly required by law. We make the documents available on our website and take them on the road. We held two workshops for app developers, where we shared information on the legal framework and our best practice recommendations. Most of the workshop, however, was not spent on the rules but featured other developers explaining how they’d approached building privacy into their apps. I think the audience was more interested in hearing from their peers than from panels of lawyers. I take our best practice messages to many seminars and conferences every year. I find that this is not only a good way to spread the word we want to spread, but it’s also a good way to keep learning about current business practices and how companies and their attorneys are thinking about privacy. I enjoy the company of my fellow privacy professionals. I find it a very collaborative profession, likely because we all have to keep learning all the time. Can you speak about the tension between innovation and privacy compliance? Does there need to be one? I think there’s a tendency to exaggerate the tension between technological innovation and . There are always limits facing any innovator. Creativity lies in using or overcoming the restraints you are faced with. Think of how Twitter forces us to communicate concisely and how the limitations of poetic forms like the sonnet or haiku result in great beauty. It’s the grain of sand that irritates the oyster into creating a pearl. privacy is a human concern and a user issue – innovators ignore it at their peril. I think that privacy is also an ethical issue, and how we address it has implications for society as a whole, as well as for individuals. How to understand and tackle privacy concerns (including mere compliance) is part of the reason to innovate. ==================================================================================================== URL: https://trustarc.com/resource/top-10-most-common-privacy-assessments/ TITLE: The Top 10 Most Common Privacy Assessments | TrustArc TYPE: resource --- The Top 10 Most Common Privacy Assessments Companies face a wide range of regulatory and business requirements which create privacy compliance risk. To mitigate risk and avoid penalties and fines, businesses must address various legal requirements and best practices to build an action plan that identifies data privacy gaps and manages remediation activities. Understand the most commonly used privacy assessments Know which assessments are specific to regulations The role of assessments in global privacy management Prepare for the compliance challenges of privacy and security laws Privacy assessments can be used to keep up with new laws, amendments to laws, and new frameworks. Find the assessments that make the most sense for your business. ==================================================================================================== URL: https://trustarc.com/resource/privacy-tech-buyers-guide/ TITLE: The Privacy Tech Buyer’s Guide | TrustArc TYPE: resource --- The Privacy Technology Buyer’s Guide What to look for when purchasing privacy software As consumers continue to take control of their personal data, businesses need transparent privacy technology solutions to meet their expectations. But how do you know which privacy tech will best meet your business needs? Discover how to select the right privacy tech for your organization. Tips for increasing your privacy technology budget What to do before you start searching for privacy tech vendors Vendor red flags to avoid The type of privacy tech you adopt matters While GRC soware, spreadsheets, and free or open source privacy software options are available, research shows they fall short compared to privacy focused technologies. Companies using Privacy Management solutions scored on average 8 percentage points above the global norm on the TrustArc Global Privacy Index and by contrast, those using free/open source solutions were ~5 points lower, a full 13-point gap. ==================================================================================================== URL: https://trustarc.com/resource/dpias-three-keys-to-capturing-data-properly/ TITLE: DPIAs: Three Keys to Capturing Data Properly | TrustArc TYPE: resource --- DPIAs: Three Keys to Capturing Data Properly Constantly Evolving Internal and Third-Party Risks Create New Privacy Challenges Prior to the EU General Data Protection Regulation (GDPR), some organizations conducted Privacy Impact Assessments (PIA) voluntarily. But did you know that since May 25th, 2018, conducting Data Protection Impact Assessments (DPIA) became a requirement under the GDPR? Today’s organizations collect data from a variety of sources and departments. Employees from software engineers to marketers use data to accelerate their work – and it’s even transferred to vendors and third-party partners. However, this increase in data processes and transfers also increases the risk for your organization. How do you know which business activities result in the highest risk? Understand the differences between Data Protection Impact Assessments (DPIA) and Privacy Impact Assessments (PIA) and when each assessment is necessary Start identifying the controls needed to address and reduce risk Review how to conduct a DPIA and 3 best practices ==================================================================================================== URL: https://trustarc.com/resource/guide-to-nevadas-privacy-law/ TITLE: Guide to Nevada’s Privacy Law | TrustArc TYPE: resource --- Guide to Nevada’s Privacy Law SB 220: Nevada Privacy Law The new Nevada privacy law was the first law in the U.S. to grant rights to consumers regarding the sale of their information. Senate Bill 220 (SB 220) took effect in October 2019, amending the state’s existing law for owners and operators of websites or online commercial providers. With some exceptions, SB 220 applies to website operators that collect information about consumers in the state of Nevada, no matter where the business is located. In addition, SB 220 requires that companies respond to consumer requests on a specific timeline or face penalties. Nevada SB 220 compliance requirements for businesses Understand differences between Nevada and California’s Privacy Laws Learn step-by-step suggestions to ensure compliance with SB 220 “If an operator (business) directly or indirectly violates SB 220 provisions, the Nevada Attorney General may seek a temporary or permanent injunction or impose a civil penalty of up to $5,000 for each violation.” ==================================================================================================== URL: https://trustarc.com/resource/seven-global-keys-to-privacy/ TITLE: Seven Global Keys to Privacy | TrustArc TYPE: resource --- Seven Global Keys to Privacy The challenge of managing an evolving global privacy regulatory landscape grows more complex each year. Coping with new regulations, implementing cross-border data transfer mechanisms, and maintaining a patchwork of separate local compliance requirements are the three most significant challenges enterprises face. Using our Global Privacy Benchmark Survey data, we’ve analyzed what sets an organization’s privacy program effectiveness apart. Our statistical modeling resulted in 12 items that are key to measuring privacy among professionals at all levels within enterprises across the globe. Organizations that establish Privacy KPIs exceed the Privacy Index score averages by up to 18 percentage points How your privacy program is managed matters Findings show that as the desire for a comprehensive data privacy management software solution increases, there is a correlated, dramatic rise in Privacy Index scores. Those “very likely” to buy an overall privacy management solution had Privacy Scores 8x higher than those “very unlikely.” ==================================================================================================== URL: https://trustarc.com/resource/a-marketers-life-beyond-third-party-cookies/ TITLE: A Marketer's Life Beyond Third-Party Cookies | TrustArc TYPE: resource --- A Marketer's Life Beyond Third-Party Cookies 8 Strategies for Marketers in a Consumer First Privacy Landscape Tracking and targeting have become mainstays in the digital playbook. But they will soon get much more difficult. As the end of third-party cookies nears and more consumers demand to know how their data is used, foundational marketing tactics will make a comeback. While some marketers are dreading the day, you can be ready with strategies that balance using data with respecting consumer privacy. Why is the absence of third-party cookies a good thing for both marketers and consumers? How can you effectively use the data you collect with consent? What tactics can marketers use to create personalized campaigns and meaningful relationships with consumers? Data collection or targeted marketing practices that lack clarity and transparency are often a red flag for consumers. The end of third-party cookies doesn’t mean the end of personalization Giving consumers more control over their data results in a relevant customer experience and a more personalized brand-to-customer relationship. Organizations should see privacy less as a barrier and more as an upside for its trust-earning potential. ==================================================================================================== URL: https://trustarc.com/resource/to-penalties-and-beyond-looking-ahead-by-looking-back-on-enforcement-actions/ TITLE: To Penalties and Beyond: Looking Ahead by Looking Back on Enforcement Actions | TrustArc TYPE: resource --- Looking Ahead by Looking Back on Enforcement Actions Navigating global data protection regulations is a massive challenge without the added pressure of enforcement and fines. Yet, privacy professionals should view global regulators as more than enforcers. They are partners that exist to help privacy teams uphold and improve their organization’s data protection strategy. Discover the best practices straight from the regulators themselves! How privacy enforcement authorities can inform internal operations Methods for managing the growing complexity of data uses Trends in cross-border data transfers “Accountability is absolutely necessary because the way data is used within organizations is getting so complex.” – Yeong Zee Kin, Deputy Commissioner, Personal Data Protection Commission of Singapore Enforcement Agents Aren’t Your Enemy Data protection officers can learn from regulators’ past enforcement actions by examining both the subject matter itself, and the regulatory agency’s reasoning or approach. Use them as a resource when building your business’s data privacy processes. ==================================================================================================== URL: https://trustarc.com/resource/a-new-era-of-privacy-perspective-from-privacy-practitioners/ TITLE: A New Era of Privacy: Perspective from Privacy Practitioners | TrustArc TYPE: resource --- Perspective from Privacy Practitioners Since 2018 the privacy landscape has shifted dramatically. From new hurdles including international data transfers to five new U.S. state privacy laws, privacy professionals have a range of unprecedented new challenges to address. How the global pandemic changed privacy Trends in privacy risk management to have on your radar Why technology can help you address new privacy challenges Did you know, there are over 1,000 global laws that affect privacy and data? Enabling Business through Data Privacy Management The role of privacy professionals has changed. It’s not enough to stay abreast of the latest laws and regulations. You also need to examine how different departments are utilizing data, assessing how vendors and other stakeholders are managing and protecting data, and ensure the entire process is thoroughly documented and recorded for future audits. How can you balance the business strategy with privacy processes that empower innovation? ==================================================================================================== URL: https://trustarc.com/resource/procurement-guide-for-ai-systems/ TITLE: Procurement Guide for AI Systems | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/checklist-of-key-considerations-for-data-stewardship/ TITLE: Checklist of Key Considerations for Data Stewardship | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-privacy-and-data-governance-controls-framework/ TITLE: TrustArc Privacy and Data Governance Controls Framework | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/responsible-ai-certification-assessment-criteria/ TITLE: Responsible AI Certification Assessment Criteria | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/nymity-privacy-management-accountability-framework/ TITLE: Nymity Privacy Management Accountability Framework | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/webinar-how-to-build-consumer-trust-through-data-privacy/ TITLE: How to Build Consumer Trust Through Data Privacy | TrustArc TYPE: resource --- How to Build Consumer Trust Through Data Privacy Want to win over both existing and potential customers? Show them you value their privacy rights. And make opting in or out of targeted services and marketing a breeze. Businesses build trust by giving consumers control over their personal information. When you prioritize privacy, everyone wins! How to accelerate the setup and management of complex cookie activities while ensuring compliance with privacy laws in all countries you operate in? How to use consumer trust as a competitive advantage? In this webinar, you will learn: How to solve the challenge of identifying customers and respecting their choices across devices and browsers How to ensure a frictionless consent choice experience for your customers How to manage different and evolving cookie requirements and always stay compliant with data privacy laws What is Trustworthy AI and why it is important Principal Technical Account Manager, TrustArc Director of Privacy, Otter Products Privacy Knowledge Lead, Law Library, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-managing-online-tracking-technology-vendors-a-checklist-for-compliance/ TITLE: Managing Online Tracking Technology Vendors: A Checklist for Compliance | TrustArc TYPE: resource --- Managing Online Tracking Technology Vendors: A Checklist for Compliance Unlock the definitive guide to managing your online tracking technology vendors effectively. This webinar delves into a comprehensive and actionable set of best practices that every organization needs. From meticulous website scans to in-depth contract reviews, from precise consent categorization to harmonizing diverse frameworks, our checklist ensures you cover all the crucial touchpoints. Equip yourself with this essential framework and confidently navigate the complex landscape of online tracking compliance, using our step-by-step roadmap as your trusted reference. Join our panel of experts in the webinar as they equip you with the knowledge and strategies for navigating vendor relationships under CPRA. This webinar will review: Insights into key US and EU laws affecting tracking technology practices Best practices for managing tracker risk, including website scans, banner behavior, consent categorization, and tag manager alignment Implementing internal processes for cross-collaboration How contract requirements affect tracker categorization Privacy Counsel, TrustArc Product Manager, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-2024-data-privacy-trends-talk/ TITLE: Data Privacy Trends 2025: Mid-Year Insights & Program Strategies TYPE: resource --- Data Privacy Trends 2025: Mid-Year Insights & Program Strategies The privacy landscape continues to evolve at a relentless pace in 2025. With new regulations taking effect, enforcement actions intensifying, and emerging technologies like generative AI introducing fresh layers of complexity, privacy leaders are under more pressure than ever to adapt—and fast. Join privacy experts from for a strategic mid-year update that explores the biggest developments from the first half of 2025. This session will highlight where the regulatory winds are blowing, how organizations are responding, and what you can do now to strengthen your privacy posture for the remainder of the year. Whether you’re recalibrating your privacy roadmap or responding to new compliance demands, this briefing will give you the clarity and direction you need to stay ahead in 2025. This webinar will review: Major privacy regulatory updates and enforcement trends in 2025 Emerging data governance themes and risk areas (including AI and third-party management) Actionable recommendations to elevate your privacy program for the rest of the year This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc Chief Assurance Officer, TrustArc VP, Chief Privacy Officer, DoubleVerify Member / Co-Chair, Privacy & Cybersecurity Practice, Mintz ==================================================================================================== URL: https://trustarc.com/resource/webinar-everything-you-need-to-know-about-eu-us-dpf-but-are-afraid-to-ask/ TITLE: Everything you need to know about EU-US DPF but are afraid to ask | TrustArc TYPE: resource --- Everything you need to know about EU-US DPF but are afraid to ask Hooray! The long-awaited EU-U.S. and Swiss-U.S. Data Privacy Frameworks are officially adequate! Now what? Well, now the real work begins for companies who want to join (or re-join!) into one of the premier international privacy standards. As the White House shared, transatlantic data flows are critical to enabling the $7.1 trillion EU-U.S. economic relationship. With the EU-US Data Privacy Framework in effect, businesses will have the ability to transfer personal data from the EU to the U.S. in compliance with GDPR and EU law. Join our panel of experts for an interactive discussion about all things DPF. Be sure to bring your questions to the session because we will be ready to answer them! During the webinar, we'll answer these questions and more: Why is the EU-US DPF important to the international community and businesses? What are the benefits of DPF verification? How do I get started with DPF? How can I get verified or certified quickly? Chief Assurance Officer, TrustArc VP, Chief Privacy Officer, Workday ==================================================================================================== URL: https://trustarc.com/resource/webinar-the-california-age-appropriate-design-code-navigating-the-new-requirements-for-child-privacy/ TITLE: The California Age-Appropriate Design Code: Navigating the New Requirements for Child Privacy | TrustArc TYPE: resource --- The California Age-Appropriate Design Code: Navigating the New Requirements for Child Privacy The California Age-Appropriate Design Code Act (CAADCA) was signed into law by Governor Gavin Newsom in September 2022. Starting on July 1, 2024, the bill will mandate businesses providing online services or features that are “likely to be accessed by children” take certain measures, such as conducting a data protection impact assessment. In this webinar, our experts explore the intersection between CAADCA and existing children’s privacy laws, and provide guidance on how companies, especially those in the gaming and child data handling app industries, can achieve compliance well in advance of the effective date. This webinar will review: A summary of the bill and the timelines of its implementation. Default privacy settings suitable for each age group, along with information on privacy, terms of service, policies, and community standards. Mandates for conducting Data Protection Impact Assessments (DPIAs). Responsibilities assigned to the Children’s Data Protection Working Group. VP, Knowledge & Global DPO, TrustArc Senior Policy Counsel, Surveillance, Privacy, Technology, ACLU Senior Lead Counsel, Roblox ==================================================================================================== URL: https://trustarc.com/resource/webinar-privacy-enhancing-technologies-exploring-the-benefits-and-recommendations/ TITLE: Privacy Enhancing Technologies: Exploring the Benefits and Recommendations | TrustArc TYPE: resource --- Privacy Enhancing Technologies: Exploring the Benefits and Recommendations Privacy Enhancing Technologies (PETs) comprise a range of tools that mitigate the risks associated with the collection of data. These technologies offer various functionalities, which help uphold data governance choices, foster data collaboration, and enhance accountability. As privacy regulations continue to evolve, organizations are increasingly turning to Privacy Enhancing Technologies (PETs) to protect personal data while enabling data-driven business decisions. In this webinar, we will explore the benefits of PETs, how they are used, and why they are critical for enhancing privacy. Join our privacy experts as they discuss PETs as: An Overview of Privacy Enhancing Technologies The benefits of PETs for privacy protection and data-driven business decisions How PETs can help organizations comply with privacy regulations such as GDPR, CCPA, LGPD, PIPA, Etc. TrustArc’s recommendations for PETs and how they can help your organization achieve its privacy goals Senior Privacy Consultant Senior Privacy Consultant ==================================================================================================== URL: https://trustarc.com/resource/webinar-artificial-intelligence-bill-of-rights-impacts-on-ai-governance/ TITLE: Artificial Intelligence Bill of Rights: Impacts on AI Governance | TrustArc TYPE: resource --- Artificial Intelligence Bill of Rights: Impacts on AI Governance Artificial Intelligence (AI) is increasingly being used to make decisions that impact individuals and society as a whole. As the use of AI continues to grow, there is a need to establish guidelines and regulations to ensure that it is being used responsibly and ethically. In October 2022, the White House Office of Science and Technology Policy (OSTP) published a Blueprint for an AI Bill of Rights (“Blueprint”), which shared a nonbinding roadmap for the responsible use of artificial intelligence (AI). In this webinar, we will examine the key principles that underpin the bill, such as transparency, accountability, and fairness, and discuss how they can help ensure that the use of AI aligns with the values and rights of individuals. Join our experts as they explore the guidelines for AI being discussed at the US Federal level and the concept of the AI Bill of Rights and its impacts on AI governance. An overview of the AI landscape Opportunities and challenges being brought on by AI solutions The impact AI has on innovation, data privacy and ethical decision-making Privacy Knowledge Principal, TrustArc Head, Customer Enablement & Principal, Data Privacy, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-the-ultimate-balancing-act-using-consumer-data-and-maintaining-trust/ TITLE: The Ultimate Balancing Act: Using Consumer Data and Maintaining Trust | TrustArc TYPE: resource --- The Ultimate Balancing Act: Using Consumer Data and Maintaining Trust It’s no secret that consumers are more skeptical than ever before of how organizations are using their personal data, thanks in large part of high-profile data breaches and growing awareness of just how much information exists about us online. Over the past few years, we’ve watched privacy regulators attempt to protect consumer rights by creating laws like GDPR, CCPA and LGPD aimed at corraling how organizations deal with customer data. Undoubtedly, most customers are more likely to be loyal to a company they trust. They are also more likely to purchase additional products and services and recommend a company they trust. Join the TrustArc privacy and marketing experts on this webinar as they explore how to build consumer trust and loyalty by delivering a compliant digital experience to meet the ever-evolving regulatory requirements surrounding consumer rights. Key topics that will be covered include: How to address consumer rights to build consumer trust and loyalty How to demonstrate privacy compliance How to provide transparency to your consumers Product Marketing Manager, TrustArc Director of Product Management, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-the-cost-of-privacy-teams-what-your-business-needs-to-know/ TITLE: The Cost of Privacy Teams: What Your Business Needs to Know | TrustArc TYPE: resource --- The Cost of Privacy Teams: What Your Business Needs to Know With a predicted recession looming as we start 2023, companies and employees alike are feeling pains as they face budget cuts and layoffs. And with smaller budgets comes increased scrutiny on cost-center teams not traditionally associated with driving revenue – like the privacy team. But data privacy compliance remains important as new regulations come into enforcement while regulators tighten their grasp on leveraging fines and customers continue to demand more respect and trust from the businesses they buy from. This webinar will review: Why privacy software will emerge as a competitive advantage for businesses The evolution of privacy roles and its impact on the cost of privacy teams How to get your organization prepared to handle privacy with fewer privacy team members Privacy Counsel, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/webinar-the-rise-of-information-technology-how-does-it-impact-privacy/ TITLE: The Rise of Information Technology: How Does it Impact Privacy? | TrustArc TYPE: resource --- The Rise of Information Technology: How Does it Impact Privacy? Recent advances in information technology impact privacy by accentuating the free flow of information and reducing control over personal data. As a result, new ethical and juridical problems emerge. As privacy tends to fall on the shoulders of the IT Department, what can they do to balance the rise of information technology, while striving towards being “privacy first” organization? How can you protect your customers’ privacy in the digital age? This webinar explores how the use of technology threatens the right to privacy and how your IT department can overcome privacy concerns. This webinar will review: The relationship between information technology and privacy How moral debates are affected by IT Solutions to ethical privacy challenges for the IT department Senior Privacy Consultant Senior Privacy Consultant ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-privacy-perspectives-get-answers-to-your-privacy-questions/ TITLE: Data Privacy Perspectives: Get Answers to Your Privacy Questions | TrustArc TYPE: resource --- Data Privacy Perspectives: Get Answers to Your Privacy Questions Running a business in the year 2023 requires having a privacy program in place. Looking at the past few years, organizations that were unable to comply with privacy laws faced huge fines and loss of customers. In light of Data Privacy Day, we at TrustArc feel it’s important to provide support to privacy leaders worldwide. Join us in our upcoming webinar session where our TrustArc experts Andrew Scott and Meaghan McCluskey answer your burning questions about privacy. *This webinar is to answer your questions about privacy and does not constitute as legal advice. Associate General Counsel, Research, TrustArc Privacy Counsel, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-privacy-in-healthcare-ensuring-data-security/ TITLE: Strategies for Future-Proofing Healthcare Privacy TYPE: resource --- Strategies for Future-Proofing Healthcare Privacy With increasing attention to healthcare privacy and enforcement actions proposed with the HIPPA Privacy Rules Changes planned for 2025, healthcare leaders must understand how to grow and maintain privacy programs effectively and have insights into their privacy methods. Indeed, the healthcare industry faces numerous new challenges, including the rapid adoption of virtual health and other digital innovations, consumers’ increasing involvement in care decision-making, and the push for interoperable data and data analytics. How can the industry adapt? Join our panel on this webinar as we explore the privacy risks and challenges the healthcare industry will likely encounter in 2025 and how healthcare organizations can use privacy as a differentiating factor. This webinar will review: Current benchmarks of privacy management maturity in healthcare organizations Upcoming data privacy vulnerabilities and opportunities resulting from healthcare’s digital transformation efforts How healthcare companies can differentiate themselves with their privacy program This webinar is eligible for 1 CPE credit. Privacy Knowledge Lead, Controls Library, TrustArc Head, Customer Enablement & Principal, Data Privacy, TrustArc Senior Privacy Consultant, TrustArc Senior Privacy Program Manager, GE Healthcare ==================================================================================================== URL: https://trustarc.com/resource/webinar-stay-ahead-of-us-state-data-privacy-law-developments/ TITLE: State of State Privacy Laws TYPE: resource --- State of State Privacy Laws The U.S. data privacy landscape is rapidly proliferating, with 20 states enacting comprehensive privacy laws as of November 2024. These laws cover consumer rights, data collection and use including for sensitive data, data security, transparency, and various enforcement mechanisms and penalties for non-compliance. Navigating this patchwork of state-level laws is crucial for businesses to ensure compliance and requires a combination of strategic planning, operational adjustments, and technology to be proactive. Join leading experts from for an insightful webinar exploring the evolution of state data privacy laws and practical strategies to maintain compliance in 2025. This webinar will review: A comprehensive overview of each state’s privacy regulations and the latest updates Practical considerations to help your business achieve regulatory compliance across multiple states Actionable insights to future-proof your business for 2025 This webinar is eligible for 1 CPE credit. Privacy Knowledge Lead, Law Library, TrustArc Global Privacy Manager, TrustArc Director for U.S. Legislation, Future of Privacy Forum Co-Chair, Privacy and Data Security Group, Venable ==================================================================================================== URL: https://trustarc.com/resource/trust-center-advantage-for-privacy-security-and-legal-leaders/ TITLE: The Trust Center Advantage: For Privacy, Security & Legal Leaders | TrustArc TYPE: resource --- The Trust Center Advantage: For Privacy, Security & Legal Leaders In a time when trust is as essential as the quality of services and products provided, this comprehensive guide reveals the crucial role Trust Centers have in contemporary businesses. It explores the complexities of managing digital data, privacy policies, and regulatory compliance, serving as a guide for organizations seeking to build strong trust with their stakeholders. With expert insights, real-world examples, and actionable strategies, the guide illustrates how Trust Centers are not merely necessary but transformative in promoting business growth, improving data protection, and enhancing customer relationships. Understand how trust has transcended from an abstract concept to a pivotal business imperative in today’s digital-first world. Strategizing Trust Management: Learn how to effectively implement and manage Trust Centers to streamline workflows, ensure compliance, and drive revenue growth. Anticipating & Addressing Customer Needs: Gain insights into preempting customer concerns and reinforcing confidence in your brand. Positioning Your Company as a Trust Leader: Explore actionable strategies that will set your organization apart as a bastion of trust in an increasingly scrutinized digital landscape. Providing a positive privacy experience can increase brand preference by 43%. Meaning customers say they would switch from their favorite brand to their second choice if it offered or conveyed a better privacy experience. ( ==================================================================================================== URL: https://trustarc.com/resource/webinar-unlock-the-power-of-code-based-data-discovery-with-trustarc-and-privya/ TITLE: Unlock the Power of Code-based Data Discovery with TrustArc and Privya | TrustArc TYPE: resource --- Unlock the Power of Code-based Data Discovery with TrustArc and Privya Effective discovery is crucial for maintaining compliance and mitigating risks in today’s rapidly evolving privacy landscape. However, traditional manual approaches often struggle to keep pace with the growing volume and complexity of data. Join us for an insightful webinar where industry leaders from TrustArc and Privya will share their expertise on leveraging AI-powered solutions to revolutionize data discovery through code-based scanning, website scanning, and other automated methods that are faster and easier to implement. Quickly and easily help build and maintain an up-to-date data inventory with less effort Harness code scanning insights to gain complete visibility into data flows leveraging the advantages of code scanning over database scanning Simplify compliance by leveraging Privya’s integration with TrustArc Implement proven strategies to mitigate third-party risks Our panel of experts will discuss real-world case studies and share practical strategies for overcoming common discovery challenges. They’ll also explore the latest trends and innovations in AI-driven data management, and how these technologies can help organizations stay ahead of the curve in an ever-changing privacy and compliance landscape. General Counsel & Chief Privacy Officer, TrustArc VP of Product Management, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/responsible-ai-checklist/ TITLE: Responsible Artificial Intelligence Checklist | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/mastering-accountable-ai-and-privacy/ TITLE: Mastering Accountable AI and Privacy | TrustArc TYPE: resource --- Mastering Accountable AI and Privacy: Essentials for Privacy Professionals A new era in AI and privacy The crossing paths of AI and privacy management bring forth many challenges. Are you geared up to tame the digital frontier? As AI is consistently reported as the top privacy risk in our annual privacy benchmarks survey, standards and regulations are quickly emerging, highlighting the need for compliance and preparedness. Understand the top AI privacy management risks, the foundations of ethical AI, and practical considerations for using AI. Get the essentials for privacy professionals managing AI in the workplace. View the infographic to start mastering AI and privacy today. ==================================================================================================== URL: https://trustarc.com/resource/testing-artificial-intelligence-ai-systems/ TITLE: Testing Artificial Intelligence (AI) Systems | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/ai-readiness-assessment/ TITLE: TrustArc - AI Readiness Assessment TYPE: resource --- You've got some work to do. You may have some general processes and procedures that are used on an ad-hoc basis to help you manage your use of AI, but there is room for improvement to apply a more defined and consistent approach. Note: Generally organizations at this stage are doing what they can to get by. They may have some ad-hoc processes/procedures that they use, but they are usually not formal, not fully documented, are not consistently applied, and may not cover all relevant aspects. You've identified and put in place effective controls to help mitigate AI risks. There may still be some areas of improvement to focus on to grow your AI governance program. Organizations at your level generally have it together, or are in the process of having it together. They know what they need to do and have either done it, or are working toward geting it done. You've put in place effective controls to ensure a your organization well positioned to mitigate AI risks, and work proactively to ensure your AI governance program remains relevant and effective. But it's important to continue on that journey. You're in good company — organizations at your level have robust, well-documented, repeatable processes/procedures in place and proactively work to regularly review controls and other elements of their program to ensure continued improvement and full optimization. ==================================================================================================== URL: https://trustarc.com/resource/fortune-100-technology-case-study/ TITLE: Fortune 100 Technology Case Study | TrustArc TYPE: resource --- Revolutionizing privacy management through assessments Discover how a Fortune 100 technology company revolutionized its privacy management with TrustArc Assessment Manager. Faced with the limitations of a manual and hardcoded in-house solution, the company needed an automated, scalable assessment tool. TrustArc provided exactly that, resulting in a 60% increase in users and a 300% boost in privacy assessments annually. The solution now supports over 8,000 users, integrates more than 100 client-specific data privacy mandates, and ensures compliance with GDPR Articles 30 and 35. The client’s Corporate Privacy Program Director highlights TrustArc’s exceptional customer service, support, and frequent updates as key to their success. Learn how TrustArc’s Assessment Manager was instrumental in scaling and transforming manual processes at this company. ==================================================================================================== URL: https://trustarc.com/resource/medium-enterprise-consumer-services-case-study/ TITLE: Medium Enterprise Consumer Services Case Study | TrustArc TYPE: resource --- How to achieve privacy compliance and accelerate business results. A medium-sized consumer services company was facing challenges related to managing a complex ecosystem of global laws, efficiently demonstrating GDPR compliance, and automating DPIA management. They partnered with TrustArc to help transform their privacy program management and adopted Assessment Manager and Data Inventory Hub solutions to help solve their challenges. TrustArc’s tools not only made regulatory reporting easier but also provided the flexibility, customization, and support needed to scale with business changes. With TrustArc solutions, the company could automate 25% of its privacy processes and centralize their data inventory management process. They also were able to cut time-to-compliance by 50% and reduce operating expenses by another 50%. Learn how TrustArc’s innovative privacy products accelerated the business’s compliance program. ==================================================================================================== URL: https://trustarc.com/resource/marylands-online-data-privacy-act/ TITLE: Discovering Maryland’s Online Data Privacy Act’s Novel Approach to Consumer Privacy | TrustArc TYPE: resource --- Maryland’s Online Data Privacy Act (MODPA) is a groundbreaking Consumer Privacy Act that adds new complexities to the constantly evolving privacy landscape. We will explore the key points of the law, highlighting the unique requirements that distinguish it from other state laws. Whether you’re a savvy business owner, a mindful consumer, or a curious observer, our goal is to equip you with the knowledge needed to understand Maryland’s online data privacy laws and help you navigate this digital privacy era. The law will come into effect on October 1, 2025, providing businesses and consumers with a clear timeline to prepare for the changes. The basics of Maryland’s Online Data Privacy Act MODPA applies to businesses operating in the state or offering products or services to residents of the state. It pertains to those that, in the previous year, controlled or processed the personal data of at least 35,000 consumers (excluding pure payment transactions) or at least 10,000 consumers while deriving more than 20% of their gross revenue from the sale of personal data. These thresholds are relatively low compared to Maryland’s population, covering businesses processing personal data from a lower percentage of the population than other states’ Consumer Privacy Acts. This Act has exemptions similar to those in other Consumer Privacy State Acts, including entity-level and data-level exemptions for organizations covered by the GLBA and data covered by HIPAA. Some notable exemptions-related details include: There is no entity level exemption for organizations covered by HIPAA or higher education. The entity-level exception for non-profit organizations only applies to non-profits exclusively helping law enforcement to investigate insurance fraud or assist first responders during major incidents. MODPA exempts personal data collected by a regulated organization in the insurance sector or its affiliate to further the insurance business. MODPA provides various individual rights for consumers in U.S. states with similar data privacy laws. These rights include: Consumers can confirm whether a company is processing their personal data. Consumers have the right to obtain a copy of their personal data. Consumers can request the correction of any inaccurate personal data. Consumers can request the deletion of their personal data unless data retention is required by law. If the data processing is done by automatic means, consumers can obtain their personal data in a commonly used format. Consumers can request a list of the categories of third parties to which the company has disclosed their data. Consumers can opt out of processing for targeted advertising, the sale of personal data, or profiling that involves automated decisions that significantly affect the consumer. MODPA shares a structure similar to other U.S. State Consumer Privacy Acts and includes essential consumer rights, procedures for responding to consumer requests (with a 45-day timeframe, extendable by an additional 45 days), authentication processes, and more. Additionally, MODPA requires organizations to provide consumers with a privacy notice and imposes vendor management requirements. Data minimization and purpose limitation In several states with similar laws, organizations are required to minimize the collection of personal information to what is necessary, relevant, and reasonably needed to accomplish specific collection purposes, as communicated to the consumer. Maryland sets itself apart by mandating that organizations limit the collection and processing of personal information to what is reasonably necessary to provide or maintain a specific product or service requested by the consumer. Additionally, it imposes a stricter requirement for minimizing the collection and processing of sensitive information to only what is strictly necessary to provide or maintain a specific product or service requested by the consumer. This emphasis on protects consumers and ensures responsible handling of their personal information. The principle of purpose limitation under this law is consistent with other US State Consumer Privacy Acts. Organizations are prohibited from processing information for a purpose that is not reasonably necessary or compatible with the processing purposes disclosed to the consumer unless the consumer provides consent. The relationship between data minimization and purpose limitation principles can be confusing because collecting is considered part of processing, which could imply that consumers can consent to less stringent data minimization standards. Consumer Health Data under MODPA refers to personal data that controllers use to identify a consumer’s physical or mental health status, including gender-affirming treatment, reproductive, or sexual healthcare. This type of data is considered sensitive under MODPA , which means it has enhanced protections and specific processing requirements. The Act prohibits the sale of Sensitive Data, including Consumer Health Data, without any exceptions such as opt-in consent. Additionally, there are specific prohibitions related to Consumer Health Data, some of which have exceptions. These prohibitions include: Providing access to Consumer Health Data to an employee or contractor unless there is a contractual or statutory duty of confidentiality, or confidentiality is required as a condition of employment. Providing access to a processor (vendor) without complying with vendor management requirements under MODPA, such as contract requirements. Using geofencing within 1,750 feet of any mental health facility or reproductive or sexual health facility to identify, track, collect data, or send notifications to a consumer regarding their health data. Sensitive and children information As stated earlier, under MODPA, the sale of sensitive data is strictly prohibited in all circumstances and without exceptions. The law also imposes a strict requirement to minimize the collection and processing of sensitive information to only what is absolutely necessary to provide or maintain a specific product or service requested by the consumer. Sensitive information, as defined by the Act, includes children’s data, and the processing of this type of data is further restricted under MODPA. The Act generally prohibits the sale of personal data and the processing of personal data for targeted advertising purposes for consumers who are known or should have been known to be under 18, with no exceptions. Notice of inconsistent data MODPA includes new requirements for third parties that use or share consumers’ personal data in a way that doesn’t align with the promises made to the consumers when their personal information is collected. Before implementing, third parties must inform affected consumers about any new or changed practices. This notice should be provided within a reasonable timeframe to allow consumers to exercise their rights if they choose to do so. Data Protection Assessments Under the requirement to perform Data Protection Assessments (DPAs), MODPA includes an exhaustive list of the activities that present a heightened risk of harm to consumers. These activities are the sale of personal data, the processing of sensitive data, the processing of personal data for targeted advertisement, and the use of profiling when it presents the reasonably foreseeable risks listed in the Act. This differs from the approach taken by the U.S. state Consumer Privacy Acts enacted so far with DPA requirements, which include non-exhaustive lists encompassing these activities. In line with the data minimization principle, controllers must weigh the necessity and proportionality of processing in relation to its purpose. Additionally, the Act requires performing and documenting, on a regular basis, a DPA for each algorithm used during processing activities that pose a heightened risk of harm to consumers. The Act incorporates several additional details that strengthen the consumer protections established by laws in other US states. These details include: Maryland is the only state with an established deadline (30 days) for organizations to stop processing personal information after a consumer has withdrawn consent. Prohibition to collect, process, or transfer publicly available data to unlawfully discriminate unavailable the equal enjoyment of goods or services based on discriminatory biases, unless exceptions apply. Additionally, the Act does not include private rights of action. However, it states that consumers can pursue any other remedy provided by law. Adapting to MODPA: Key considerations for businesses and consumers in the evolving privacy landscape The Maryland Online Data Privacy Act represents a significant advancement in safeguarding consumer privacy in today’s rapidly changing digital landscape. Its unique requirements enable businesses to proactively adapt to evolving privacy laws. By gaining an understanding and grasping the key elements of MODPA, all stakeholders can effectively navigate the complexities of online data privacy, thereby promoting a more secure and empowered digital environment for all. One crucial consideration when preparing for MODPA is to determine whether your organization processes personal data with specific requirements or processing limitations under this Act , such as consumer health data, children’s information, or other sensitive data. This will help ascertain if your organization needs to cease processing activities prohibited by this act or if it must limit them. Lastly, data minimization will be a significant issue in this state with its innovative and restrictive approach, as well as in other states like California, where regulators have already emphasized the importance of complying with this principle. Get detailed insights, tools, and templates to help you manage the MODPA and other regulations. Easily orchestrate consents, preferences, opt-ins/outs, and empower your customers. ==================================================================================================== URL: https://trustarc.com/resource/webinar-how-to-live-in-a-post-third-party-cookie-world/ TITLE: How to live in a post third-party cookie world | TrustArc TYPE: resource --- How to live in a post third-party cookie world Google announced it will phase out the use of third-party cookies on Chrome in 2024. Since Chrome has a market share of 65% of browser users, this practice will affect most businesses and cookie marketing. As a marketer, how can you adapt to this significant change? How will you need to change your practices in the way you do business online in order to reach your target audience and drive revenue success? In this webinar, you will learn how to prepare your organization for Google’s third-party phase-out and ensure marketing success. This webinar will review: What to keep in mind about the latest cookie phase-out and what is coming What you need to know about the laws and regulations around cookies How to explore new privacy-friendly approaches to engage with your audience Senior Global Privacy Manager, TrustArc Lead Web Analytics Developer, GoTo VP, Knowledge & Global DPO, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/cookie-tracking-privacy-controls-ny-ag-guide/ TITLE: Why Every Business Should Care About Cookie Tracking and Privacy Controls | TrustArc TYPE: resource --- Dissecting the New York Attorney General’s guide on safeguarding against unwanted online tracking The hidden risks of cookie tracking Ever noticed those pop-ups asking you to accept cookies when you visit a website? Saying ‘accept’ to these little text files might seem harmless, but they play a powerful role in how businesses interact with you online. Cookies keep you logged in, remember your shopping cart, and personalize your browsing experience. However, they also raise significant privacy concerns. With the growing emphasis on data privacy in an increasingly digital world, understanding and managing cookie tracking has never been more critical for businesses. Because here’s the catch: not all businesses are getting it right. Some are making serious mistakes that could not only erode customer trust but also land them in legal hot water. In this blog, we’ll dive into the common pitfalls businesses face with cookie tracking, the impact of New York’s consumer protection laws, and how you can ensure your website stays compliant while maintaining customer trust. Why cookie tracking matters to your business Cookies are more than just bits of data; they’re essential to your website’s functionality and your business’s success. They enhance user experience, drive marketing strategies, and help you understand customer behavior. However, if mismanaged, cookies can also be a liability. recent scrutiny from the New York Attorney General’s Office (OAG) highlights just how crucial it is to get your cookie tracking and privacy controls right. The OAG’s investigation revealed that many businesses, even high-traffic ones, fail to implement proper privacy controls. They found that on some websites, visitors were still tracked even after opting out, leading to broken trust and potential legal consequences. This is where businesses need to step up their game. What you need to know: common cookie tracking mistakes Uncategorized or miscategorized tags and cookies One of the most common issues is the mismanagement of cookie categories. Websites often use that allow users to enable or disable certain types of cookies. But if these cookies aren’t properly categorized or tagged , they won’t respond to user preferences, leading to unauthorized tracking. Misconfigured tools and hardcoded tags Another frequent error is the misconfiguration of tools. Many businesses use both consent-management (which allows users to control what data they share and manage their consent preferences) and tag-management (which controls the deployment of tags that collect data on websites) tools. But these need to be perfectly synced to work correctly. If not, cookies may remain active even when a user opts out. Additionally, some tags are hardcoded into the website, bypassing privacy controls entirely. Over-reliance on tag settings Businesses often rely on tag settings from third-party providers like Google or Meta, assuming these settings (which control how and what data is collected and used by tags on their websites) will automatically protect them from legal risks. However, these settings may not be effective in certain states with strict privacy laws. In New York, this reliance can lead to unintended data collection and potential violations. Dos and don’ts for privacy-related disclosures and controls According to the OAG, these are the Dos and Don’ts for providing effective disclosures and avoiding dark patterns that complicate easy-to-understand controls: Use plain, clear language Use large blocks of text that consumers are unlikely to read Label buttons to clearly convey what they do Use ambiguous buttons (e.g., clicking “X” in the corner of a cookie banner) Make the interface accessible (e.g., allowing users to tab to privacy controls with a keyboard) Use complicated language, including legal or technical jargon Give equivalent options equal weight (e.g., “Accept” and “Decline” buttons of equal size, color, and emphasis) De-emphasize options to decline tracking Make it more difficult to decline tracking than to allow it (e.g., requiring more steps to opt out) How to do it right: best practices for cookie tracking Designate and train responsible individuals Start by designating a qualified individual or team to manage your website’s tracking technologies. Ensure they are well-trained and knowledgeable about your business’s privacy policies and the technologies you use. Investigate and understand your tags Before deploying any new tags or tools, investigate what data they collect and how it’s used. Don’t hesitate to ask developers for information that might not be publicly available. This will help you avoid surprises and ensure compliance. Proper configuration and regular testing Once your tools are set up, configure them correctly and test them regularly. Automated scanning tools can help identify issues, but manual checks are essential to ensure everything works as intended. Review and adjust regularly Technology and privacy laws are constantly evolving. Regularly review your tags and tools to ensure they are properly categorized and in sync with your consent-management tools. This proactive approach will help you stay compliant and maintain customer trust. The bottom line: complying with New York’s consumer protection laws In New York, your business’s privacy controls and disclosures must be truthful and not misleading. Ensure that your website’s privacy statements are accurate, and that your controls work as described. Avoid using confusing language or designing interfaces that mislead users about their privacy choices. Protect your business and your customers Privacy isn’t just a legal requirement; it’s a cornerstone of customer trust. Don’t let mismanaged cookies and broken privacy controls undermine your business. Audit your tracking technologies, refine your privacy controls, and ensure your website complies with all applicable laws today. Your customers—and your bottom line—will thank you. Find more detailed insights and tools to help you navigate online tracking. Third-Party Cookie Trackers Understand and manage online trackers effectively while maintaining trust. ==================================================================================================== URL: https://trustarc.com/resource/google-cancels-phase-out-third-party-cookies/ TITLE: Google Cancels Phase-Out of Third-Party Cookies: What It Means for Your Business | TrustArc TYPE: resource --- In a significant shift from previously communicated plans and strategy, on July 22nd, 2024, no longer be phasing out support for third-party cookies in its Chrome browser. Instead, Google plans to maintain third-party cookie support while continuing to develop (currently unannounced) additional privacy-preserving functionality. The impact on your business This update means that third-party cookies, such as those used for purposes including online advertising and tracking, should continue to operate as intended. While this may provide short-term continuity, it also underscores the ongoing complexities of managing user data and preferences in an ever-evolving privacy-conscious world. While other major browsers like Firefox and Safari have already phased out certain cookie support (e.g., third-party cookies), this change and the evolving nature of the tracking technology space and regulation thereof further necessitate that organizations have clear understanding of their tracking technology ecosystem and utilization. Current regulatory landscape and tools A number of regulations, frameworks, and tools are unaffected by this decision and remain at status quo, including: EU Digital Markets Act (DMA) – No changes. Still requires Google and the other six “gatekeepers” to commit to an open and fairer digital economy. IAB TCF v.2.2 for EU GDPR & ePrivacy Directive – No change at this time. TCF remains as the technical standards that help publishers and advertisers comply with the ePrivacy Directive and the General Data Protection Regulation (GDPR) in the EU. Google Consent Mode (CoMo) V2 Google’s recent decisions have elicited responses from regulatory bodies emphasizing the importance of transparency and user control in data practices. The UK Competition and Markets Authority (CMA) Information Commissioner’s Office (ICO) have expressed public opinions on the matter, highlighting competition and privacy considerations. Network Advertising Initiative (NAI) has reiterated its commitment to promoting responsible data practices and developing privacy-preserving technologies. And finally, the Interactive Advertising Bureau (IAB) Europe is assessing the changes and the impact on their ecosystems. Despite continued support of third-party cookies on Chrome, public awareness and regulatory focus on ethical and responsible use of tracking remains high. This is why the use or adoption of a suitable tracker consent management tool such as remains (and is increasingly) crucial. TrustArc’s CCM solution helps businesses manage user preferences and comply with global privacy regulations, ensuring they can adapt to any changes in the privacy landscape. Comprehensive Compliance: Supports requirements imposed by regional, state, federal, and other requirements, such as those prescribed by GDPR, CCPA, and others. Makes it easy for users to manage their consent preferences. Tailored to fit the unique needs of your business. Works smoothly with your existing digital infrastructure. Support for Mobile App Consent: Extends consent management capabilities to mobile apps, ensuring compliance across all digital platforms. Support for Mobile App Consent Discover how Consent Management Platforms (CMPs) help mobile apps comply with privacy regulations. Explore expertise and automation help you meet global consent requirements with minimal effort. While Google’s decision may delay some immediate changes, the trajectory forward and broad focus on increased privacy and user control over data remains clear. Advertisers and publishers can continue to rely on third-party cookies in Chrome, for now, Google has expressed its commitment to enhancing privacy through its ongoing Privacy Sandbox initiative. Organizations should continue to pay attention to emerging changes designed to protect user’s from tracking and personal data collection practices in this space. ==================================================================================================== URL: https://trustarc.com/resource/rhode-island-data-transparency-and-privacy-protection-act/ TITLE: Unveiling the Rhode Island Data Transparency and Privacy Protection Act | TrustArc TYPE: resource --- Why data privacy matters more than ever In an era where data breaches and privacy concerns dominate the headlines, protecting customer information has never been more critical. Enter the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) , set to take effect January 1, 2026. Delve into the RIDTPPA’s key aspects, explaining why it matters, what it means for your business, and how you can turn compliance into a competitive advantage. What the Rhode Island Data Privacy Act means for your business Understanding the scope and applicability of the RIDTPPA The RIDTPPA applies to for-profit entities that conduct business in Rhode Island or offer products or services to state residents. Specifically, it targets businesses that control or process personal data of at least 35,000 customers (excluding payment transaction data) or 10,000 customers if over 20% of their gross revenue comes from selling personal data. If your business falls into these categories, it’s time to start preparing for compliance. Additionally, the RIDTPPA applies to commercial websites or Internet service providers that collect, store, and sell customers’ personally identifiable information (PII). These entities must designate a data controller and identify all categories of personal data collected and third parties to whom the PII has been or may be sold. Compliance with these requirements ensures transparency and protects consumer privacy. Exemptions and special cases The RIDTPPA exempts specific types of information, such as protected health information under data regulated by the Fair Credit Reporting Act, and employment-related data used solely for benefits administration. The exemptions structure is unique to Rhode Island which are divided into two primary categories: Commercial Websites and Internet Service Providers (ISPs) that collect, store, and sell customers’ PII hav obligations, such as designating a data controller; identifying collected personal data categories; disclosing third-party data sales; and providing an active email or online contact for customers. Exemptions from these obligations include higher education institutions, nonprofit organizations, National Security Agency (NSA), government bodies, financial institutions, and covered entities. For-profit businesses that meet specific thresholds must comply with obligations, including conducting a DPIA, documenting data protection policies, and ensuring transparency in data processing and consumer rights. Exemptions from these broader obligations, include financial institutions and government contractors or agents in their government roles. Key provisions of the RIDTPPA: A closer look Empowering consumers: A new era of data rights The RIDTPPA grants Rhode Island residents several rights regarding their personal data. These include the right to: Confirm if their data is being processed. Access and obtain copies of their data. Correct inaccuracies and delete their data. Opt-out of data processing for targeted advertising, data sales, or profiling. Businesses must respond to these requests within 45 days, with a possible extension of an additional 45 days if necessary, ensuring a swift and transparent process. The power of consent: Handling sensitive data One of the significant aspects of the RIDTPPA is its emphasis on obtaining explicit consent for processing sensitive data , which includes racial or ethnic origin, religious beliefs, health data, and more. Unique to the RIDTPPA, businesses are required to stop processing consumers’ data within 15 days of receiving a request to revoke consent. This rapid response is designed to ensure that consumer preferences are respected promptly, further strengthening data privacy protections. For children’s data, businesses must comply with the Children’s Online Privacy Protection Act (COPPA) and obtain parental consent. This measure is crucial for safeguarding vulnerable populations. Implementing the RIDTPPA: Steps for success Conducting Data Protection Impact Assessments (DPIAs) for processing activities that pose a high risk to customer privacy. This includes processing sensitive data or data for targeted advertising. DPIAs help identify and mitigate potential privacy risks, ensuring that businesses comply with the RIDTPPA’s requirements. Ensuring non-discrimination and transparency Under the RIDTPPA, businesses cannot discriminate against customers who exercise their privacy rights. This means not denying goods or services or charging different prices based on a customer’s decision to opt out of data processing. Clear communication and accessible mechanisms for customers to exercise their rights are critical for compliance. Building robust security practices The RIDTPPA mandates that businesses implement robust security measures to protect personal data. This includes reasonable administrative, technical, and physical safeguards. Businesses must also ensure that data processors adhere to these standards, with contractual agreements outlining the responsibilities of both parties. Establishing a website notice Commercial websites and internet service providers that collect, store, and sell customers’ PII must post a clear and conspicuous notice on their websites. This notice should identify all categories of personal data collected, the third parties to whom the data may be sold, and provide an active email address or online contact mechanism for customers. What’s missing from the RIDTPPA? The RIDTPPA has notable omissions compared to other state privacy laws. It lacks explicit data minimization requirements, which means businesses are not mandated to collect only the data necessary for specific purposes. The Act also does not address secondary purposes, allowing businesses to use collected data for different purposes without obtaining new consent. Additionally, RIDTPPA does not provide enhanced protections for adolescents, unlike other states that offer specific rights and safeguards for teenagers. Navigating the challenges and opportunities Preparing for the RIDTPPA’s enforcement The RIDTPPA will be enforced by the Rhode Island Attorney General, with no private right of action allowed under the law. Violations can result in penalties of up to $10,000 per violation; higher than most states that impose penalties of up to $7,500 for each violation, making it crucial for businesses to prepare adequately. This preparation includes updating privacy policies, training staff, and conducting regular audits to ensure compliance. Leveraging the RIDTPPA for competitive advantage Beyond legal compliance, adhering to the RIDTPPA can enhance a business’s reputation and build consumer trust. By demonstrating a commitment to data privacy, companies can differentiate their brand in a crowded market. It’s not just about following the law—it’s about creating a positive customer experience. Moving forward with confidence As the digital landscape evolves, so too does the importance of data privacy. The RIDTPPA represents a significant step in protecting consumers’ personal data and ensuring businesses adhere to high standards of data security. By understanding and implementing the RIDTPPA’s requirements, businesses can not only avoid legal repercussions, but also gain a competitive edge in today’s data-driven world. Get detailed insights and tools to help you navigate the RIDTPPA and other privacy regulations. Maintain continuous compliance on global regulations, laws, and standards on data privacy and security globally. ==================================================================================================== URL: https://trustarc.com/resource/unlocking-the-secrets-of-the-minnesota-consumer-data-privacy-act/ TITLE: Unlocking the Secrets of the Minnesota Consumer Data Privacy Act | TrustArc TYPE: resource --- Your ultimate guide to making privacy your superpower! Discover what’s new in data privacy In the digital age, understanding data privacy laws is like having a superpower. The Minnesota Consumer Data Privacy Act (CDPA) , recently signed into law, is set to reshape how businesses handle consumer information. But why should this matter to you? Because as this law comes into effect on July 31, 2025, protecting your data isn’t just a legal necessity—it’s a trust-building superpower that can set your business apart. Even if the CDPA may not apply to your business, it is likely that future states will follow Minnesota’s lead in some novel requirements added by this Act. Understanding the Minnesota Consumer Data Privacy Act With data breaches and misuse becoming more common, consumers are demanding greater control over their personal information. The Minnesota Consumer Data Privacy Act provides a framework that not only protects consumer rights but also sets a standard for businesses to follow. Compliance is not just a legal obligation but also a trust-building exercise that can enhance your reputation and customer loyalty. The Act applies to entities conducting business in Minnesota or targeting Minnesota residents and meets specific data processing thresholds. This includes processing the personal data of 100,000 consumers or more, or deriving over 25% of gross revenue from the sale of personal data involving 25,000 consumers or more. Key elements of the Minnesota Consumer Data Privacy Act The Act provides consumers with several rights, including: : Consumers can request information about the personal data being processed. Organizations must disclose whether they have collected specific information about them but must not disclose the information itself. : Consumers can request corrections to inaccurate data. : Consumers can ask for their data to be deleted. : The right to receive personal data in a usable format. : Consumers can opt out of data processing for targeted advertising, data sales, and profiling. : Consumers can question decisions made from profiling their data if these decisions have legal or significant effects on them. Obtain list of third parties : Consumers have the right to know which specific third parties have received their personal data from the controller. If the controller cannot provide this information, they can provide a list of all third parties that have received any consumers’ personal data. Compliance isn’t optional. From handling data rights requests within 45 days to getting explicit consent for processing sensitive data, businesses must be proactive. The stakes? A hefty $7,500 fine per violation. Ouch! 2. Transparency and privacy policies The Act mandates that businesses provide a clear, accessible privacy policy detailing how data is collected, used, and shared. These policies must be understandable to all consumers, including those with disabilities and children. Businesses should regularly review and update their privacy policies to comply with new requirements and ensure they are easily accessible on their website and other communication channels. Data security is crucial to avoid significant financial and reputational damage from breaches. The Act mandates that businesses adopt reasonable administrative, technical, and physical measures to protect personal data from unauthorized access, use, or disclosure. This includes conducting regular security audits, updating protocols, and training employees on best practices such as encryption and access controls. Additionally, under the Minnesota Consumer Data Privacy Act, businesses must inventory their data to identify and manage personal data more effectively, ensuring all security measures are adequately applied. 4. Data minimization and purpose limitation The Act requires businesses to collect only the data necessary for its intended purpose and to avoid retaining data longer than needed. Businesses should review their data collection practices, implement data retention schedules, and promptly delete data that is no longer required. 5. Accountability and governance The Act requires businesses to document their data protection policies, conduct data protection impact assessments (DPIAs) for high-risk processing activities, and manage data that cannot be identified or linked to individuals. Businesses should establish a comprehensive data governance framework, appoint a data protection officer, document all compliance and processing activities, and perform regular privacy audits. Additionally, DPIAs must be thorough, considering all potential risks and mitigation strategies for processing activities that could significantly affect data subjects. Audit your data practices: Know what data you collect, how it’s used, and who it’s shared with. This is your baseline. Revamp your privacy policies: Make them clear, accessible, and compliant with the new law. Transparency is key. Give your customers control. Make opting out simple and straightforward. Ensure everyone understands the importance of data privacy and how to handle consumer requests. The law is ever-evolving. Keep an eye on changes and be ready to adapt. For more detailed insights and tools to help you navigate these changes, Taking action and moving forward The Minnesota Consumer Data Privacy Act is more than just another regulation—it’s a signal that the future of business is privacy-first. By embracing these changes now, you’re not just avoiding fines; you’re investing in customer trust and loyalty. So, gear up, stay informed, and make privacy your superpower! Get detailed insights, tools, and templates to help you manage the CDPA and other regulations. Maintain continuous compliance on global regulations, laws, and standards on data privacy and security globally. ==================================================================================================== URL: https://trustarc.com/resource/guide-third-party-cookie-trackers/ TITLE: Guide to Third-Party Cookie Trackers | TrustArc TYPE: resource --- What are online trackers? Online trackers, in simplest terms, are technologies used by websites and apps to collect data about user interactions. These trackers remember and recognize users by recording, processing, or logging details such as browsing habits, time spent on a webpage, clicked links, and more. This data may serve multiple purposes, from personalizing content and targeted ads to improving website functionality, analytics, or authenticating users for web experiences. Some common organizational or business purposes for using online trackers include: Understanding how users interact with websites or which features they use help businesses improve their user experience and marketing strategies. Tracking technologies allow advertisers to show personalized ads based on your interests and browsing behavior. Fraud detection and security: Tracking can be used to identify and prevent suspicious activity, such as credit card fraud or online hacking. Companies use tracking data to learn about consumer behavior and preferences. Some websites, advertising, and social media platforms use tracking to personalize your experience by remembering your preferences and settings. Cookies, a type of tracker, are small pieces of data stored on a user’s device by websites a user visits. Cookies are used to remember user preferences, login information, auto-fill information, shopping cart information, and other information that help enhance a user’s experience. First-party and third-party data: What’s the difference? Online trackers (including first-party and third-party cookies) have the ability to collect two different kinds of data: first-party data and third-party data. What is the difference between the two? provides valuable specific information to your organization as it is collected directly from your audience (e.g., consumers, data subjects, or website users) and the lawful basis (e.g., consent, legitimate interest, etc.) will vary depending on the purpose and use of the data. In other words, first party data utilizes in-house or internally developed cookies or trackers set directly by your organization on your own web pages or web properties. is information collected by other organizations that do not have a direct relationship or interaction with the user. This type of data is typically what is collected by online trackers that are provided by third-party providers (e.g., a third-party analytics or advertising provider) on a website. In other words, third-party data utilizes cookies that may be set by your organization, but are created by third-party service providers or partners, and placed in your web pages or web properties. can be accessed by external parties in a manner that results in less user control or understanding of data processed, collected, or tracking – including without the knowledge of the website owner. Since the result of third-party cookies is a physical file/data being placed on a users’ device, some browser providers believe there is elevated privacy risk and have decided to block third-party trackers/cookies, including Firefox and Safari, with Chrome following suit in early 2025 (expected). Different types of online trackers Online trackers can, depending on their use case and implementation, share personal or sensitive information with third-party entities, such as advertisers, to help with tailoring and personalizing advertising. This is done for a variety of reasons, including to make ads more relevant to recipients and also to manage ad spend. Trackers come in several forms, each serving distinct purposes and collecting different types of data. Below are some common examples of trackers: These are small files stored on your device that track your website activities. Third-party cookies have been the primary method of storing client-side data for over two decades. Also known as web beacons, these are tiny, invisible images embedded in web pages or emails, used to track user interaction. These are popularly used for advertising as well, but have numerous purposes. A more advanced method that gathers data about your device (like screen resolution, installed fonts, or browser type) to create a unique profile for tracking, even without cookies. Code snippets that track user behavior within a website. These scripts create most trackers and are responsible for reading and storing data Embedded images that track when a page is loaded. Generally speaking and historically, cookies have been one of the most common and popular forms of tracking technologies. Cookies can serve many purposes, including remembering preferences (language, login credentials), tracking website usage (clicks, pages visited), securing a page/preventing fraud, and aiding in personalized content, user experiences, and ads. Session cookies: Temporary, deleted when you close your browser. Persistent cookies: Remain on your device for a set period or until manually deleted. First-party cookies: Placed by the website you’re visiting or by embedded scripts loaded on your site. Third-party cookies: Placed by a different website (e.g., advertising network). They are usually created as a hidden frame and exchange information with a third-party domain. Session cookie remembering your login on a website. Persistent cookie saving your language preference on a news site. Third-party cookie tracking your browsing across different websites to show targeted ads. As noted above, cookies are a specific type of tracker, while trackers are a broader category. Cookies in particular primarily collect website browsing data, while trackers can gather a wider range of information. Third-party cookies and trackers are at the center of recent privacy concerns due to their ability to collect, aggregate, and store information across sites without user consent. They are able to mass data harvesting, profiling, and real-time bidding for marketing advertising and analytics as well as gather extensive personal data, including IP addresses, search and browsing history, and private details like health and religious beliefs. Meet global consent requirements with minimal effort while maximizing opt-ins and fueling customer trust. Website Monitoring Manager Identify and monitor cookies, trackers, and website behavior to deliver a secure digital user experience. Current and future state of third-party cookies in browsers Cookies, first introduced in the 1990s as a way for websites to remember information about the user or their visits and at a time, called “HTTP cookies.” Cookies were designed to fill the gap created by the stateless nature of the web, where websites could not inherently remember previous interactions. In some circumstances, third-party cookies can be used to track users around the web and build a detailed profile based on browser history and hence are referred to also as tracking cookies. This type of profiling and targeting that is not aggregated has become an essential tool for online advertisers, who use them to track individual user behavior across multiple websites to deliver personalized ads. General Data Privacy Regulation (GDPR) Digital Markets Act (DMA) in the European Union and the California Consumer Privacy Act (CCPA) have strong data privacy components around third-party cookie tracking. Combined with strong consumer demand for greater privacy, the combination of regulation and consumer demand has led web browsers and major publishers or media houses like the New York Times to react to these concerns by blocking or depreciating third-party cookies. While Google first pledged depreciation in 2022, there have been a number of delays over the last few years. On January 4th, 2024, Chrome began restricting third-party cookies for 1% of users, or approximately 30 million users, under , with intention to restrict 100% of users in 2024. Google has now reversed it’s decision to phase out third-party cookies , and plans to maintain third-party cookie support while continuing to develop additional privacy-preserving functionality. , is the main vehicle which Google uses to test and development proposals for the replacement of third-party cookies with a collection of emerging technologies aimed at protecting users’ online privacy while also providing tools to provide relevant advertising and targeting. The sandbox is designed to allow users to still see relevant ads based on interests, with the intent to keep personal information from being tracked or stored by websites. The effectiveness of these new approaches is novel and therefore, is yet unproven, and many details are still being worked out. Regulators such as the CMA (Competition & Markets Authority) and ICO (Information Commissioner’s Office) still have questions about these approaches. Google’s Privacy Sandbox proposal Some of the new mechanisms within Google’s Privacy Sandbox include a type of contextual targeting, which uses categories of topics of interest, without relevant additional information about the user’s browsing history. Other types of contextual targeting include keyword and semantic versus behavioral targeting. Some critics have had concerns that this may introduce discriminatory practices. Google has also introduced other mechanisms such as where advertisers can collect hashed first party conversion data from a website to Google in a privacy safe way. Essentially, matching the data against Google’s logged-in data for identification. (Cookies Having Independent Partitioned State) is another method introduced by Google that allows developers to opt a cookie into partitioned storage, with a separate cookie jar per top-level site. This allows cookies to be set by third-party services, but only read within the context of the top-level site where they were initially set. This blocks cross-site tracking while still enabling non-tracking uses of cookies for different persisting use cases such as persisting chat widgets across different sites, persisting configuration information for CDN load balancing, or headless CMS providers. FLoC (Federated Learning of Cohorts) is a new way for advertisers to show relevant ads by grouping users into cohorts with similar recent browsing history without being individually identified, providing a level of anonymity, while still allowing advertisers to deliver targeted ads. Google continues to solicit feedback on its Privacy Sandbox proposal. Mozilla’s Firefox has already phased out third-party cookies and implemented Enhanced Tracking Protection (ETP) by default, blocking third-party cookies and limiting the data advertisers can collect. Firefox has yet to initiate alternative solutions, however it is possible to allow for usage of third-party cookies on a case-by-case basis in Firefox via browser settings. Apple has also already blocked third-party cookies by default and implemented Intelligent Tracking Prevention (ITP) to protect user privacy. Apple has also taken a stringent approach towards cookies, where allowing access to third-party cookies per frame can only be done at the code level, via the Storage Access API. Similarly, Apple’s iOS updates (e.g., AppTrackingTransparency framework also known as ATT ) has given users more control over their data, requiring apps to ask for permission to track user activities. Emerging advertising technologies across platforms With the demise of third-party cookies, advertisers are also turning to other emerging tech and advertising options such as universal IDs (e.g., TradeDesk Unified 2.0 solution), data clean rooms, device IDs, “on device” and client-side processing (e.g., Privacy Sandbox Solutions), contextual targeting, and server-side tags or customer data platforms. Techniques like fingerprinting and CNAME cloaking are also being considered. Time will tell what privacy initiatives will be popular with consumers and marketers. While these new approaches and emerging tech are being tested for effectiveness, advertisers may need to further rely on first-party data instead. Future of tracker vendor management The challenge in the future as alternative tracking technologies arise will be two-fold. First, effective management of online trackers in compliance with privacy regulations will be increasingly important. Second, advertisers and publishers will need to obtain consent to process user data. Organizations can future-proof their business by effectively managing cookies and online tracking technologies as well as obtaining end-user tracker consent with TrustArc’s compliance solutions: Obtain tracker consents and manage trackers. Easily support server-side tag management integrations and zero-load best practices. Set up automated tracker scans (of pixel tags, beacons, HTML 5 local storage, HTTPS/JavaScript cookies, etc.) regularly and receive on-demand tracker reports for compliance (e.g., CCPA report). Amplify your advertising compliance and recognize enhanced privacy requirements and signals such as Global Privacy Controls (GPC), IAB TCF and GPP frameworks support, and Google Consent Mode as Google certified CMP. Website Monitoring Manager: Enrich tracker scanning, auditing, and reporting across your websites. This product includes on-demand compliance risk reports, regular automated tracker vendor scanning, and simplified compliance review to ensure adherence to regulations such as GDPR, CCPA, and guidelines by the FTC. Consent & Preference Manager: Leverage a universal preference center that captures all first-party data consents from your customers and sync preferences across all your third-party systems. With a universal repository, Tag Manager technologies can manage tracker technologies based on recorded consents and within an ad ecosystem, Ad Publishers can retrieve the consent status for a particular user in real-time from the Consent & Preferences Manager at the time of serving ads. Demonstrate your online advertising privacy compliance when using data collected through addressable media identifiers to safeguard consumer privacy. TRUSTe helps validate your practices in a cost-effective way assuring your partners and customers that your interest-based advertising practices align with industry standards and best practices. As privacy regulations tighten and user awareness increases, it’s more crucial than ever for businesses to understand and manage online trackers effectively while maintaining transparency and trust. ==================================================================================================== URL: https://trustarc.com/resource/kentucky-consumer-data-protection-act-kcdpa-key-highlights-and-compliance-tips/ TITLE: Kentucky Consumer Data Protection Act (KCDPA): Key Highlights and Compliance Tips | TrustArc TYPE: resource --- Kentucky Consumer Data Protection Act (KCDPA) was passed, making Kentucky the third U.S. state in 2024 to enact a comprehensive privacy law, following New Jersey and New Hampshire. It’s the 15th state overall to do so. Passing such laws is at an all-time high, with several other states – including New York, Pennsylvania, North Carolina, and Ohio – also currently considering similar comprehensive privacy legislation. The surge in data privacy laws at the state level in the U.S. stems from various factors, mirroring the dynamic evolution of technology and escalating apprehensions regarding data privacy and security. Several other key drivers underpin the enactment of these laws across numerous states, including the absence of comprehensive federal legislation and the alignment with global standards. General Data Protection Regulation (GDPR) implemented in Europe, the recent legislation in Kentucky aims to bolster transparency and accountability concerning the gathering, utilizing, and disseminating of personal data. Many of its stipulations resemble those introduced in various other U.S. states over recent years. Notably, the Kentucky Consumer Data Protection Act closely mirrors the framework of Virginia’s legislation, along with similar laws in states like Tennessee and Indiana. Unlike some state privacy laws that may have limited scope or focus, Kentucky’s legislation covers a wide range of data protection measures. It addresses key areas such as data processing, consumer rights, and enforcement mechanisms, ensuring a holistic approach to privacy regulation. What is the Kentucky Consumer Data Protection Act? The Kentucky Consumer Data Protection Act encompasses several pivotal components, rendering it a substantial legislative measure. It mandates that businesses secure explicit consent from consumers before gathering or processing sensitive personal data, and before selling consumers’ personal information. The KCDPA also affords consumers the right to access, delete, and rectify their personal data. is defined as any information that is linked or reasonably linkable to an identified or identifiable natural person. Personal data does not include de-identified data or publicly available information. Additionally, federal regulations impose stringent mandates on businesses engaged in the collection and processing of personal information, including obligatory data protection assessments and protocols for notifying individuals in the event of data breaches. The ramifications of the KCDPA are extensive and will profoundly affect businesses operating within Kentucky. Entities entrusted with personal data must scrutinize their data management procedures and adhere to the dictates of the new legislation. Failure to do so may incur substantial fines and legal repercussions. Who does the Kentucky Consumer Data Protection Act apply to? The KCDPA applies to any person who conducts business in Kentucky or who produces products or services that target residents of the state, and during a calendar year controls or processes data of at least: 25,000 consumers and derives over 50 per cent of gross revenue from the sale of personal data. Similar to preceding data privacy statutes, the KCDPA extends its jurisdiction to both controllers – entities that define the purpose and methods of data processing – and processors: entities engaged in processing personal data on behalf of controllers, such as third-party vendors tasked with data analysis. This distinction between controllers and processors serves to definitively allocate duties for data governance among the entities involved in the acquisition and handling of consumer data. Who is exempt from the KCDPA? To mitigate potential conflicts with existing regulations across various sectors, the KCDPA includes exemptions for specific organizations and categories of data. These exemptions primarily apply to entities and data already subject to regulation under federal laws. The organizational exemptions outlined in Kentucky’s privacy legislation encompass: Municipalities, state agencies, or governmental subdivisions. Financial institutions, their affiliates, or data governed by the Entities covered by HIPAA privacy regulations, including covered entities and business associates. Non-profit organizations. Institutions of higher education. Entities involved in the collection, processing, utilization, or sharing of data exclusively for the identification or investigation of insurance fraud or in support of first responders. Small-scale telephone utilities, Tier III CMRS providers, or municipal utilities that do not engage in the sale or dissemination of personal data. When considering exemptions at the data level, health data emerges as the most substantial category affected. This encompasses data regulated under the Health Insurance Portability and Accountability Act (HIPAA), health records, patient identifiers, data from human subjects research, and information utilized for quality improvement and patient safety initiatives. Furthermore, personal data utilized in specific contexts and governed by statutes such as the Fair Credit Reporting Act, FERPA, the Driver’s Privacy Protection Act, and the Farm Credit Act are also exempted. Moreover, data collected for law enforcement, public health, emergency response, and compliance with the Combat Methamphetamine Epidemic Act fall under exemptions from Kentucky’s data privacy legislation. Additionally, the law acknowledges that entities already in compliance with parental consent requisites as outlined in the Children’s Online Privacy Protection Act (COPPA) are automatically deemed compliant with obligations regarding parental consent. Compliance with the Kentucky Consumer Data Protection Act Kentucky’s privacy legislation delineates a comprehensive set of obligations for controllers concerning data handling, encompassing security measures, consent protocols, privacy policies, and procedures for addressing consumer rights requests. Aligned with privacy laws in other states, the KCDPA mandates controllers to: Restrict the collection of personal data to what is deemed adequate, relevant, and reasonably necessary. Refrain from processing personal data for undisclosed purposes without obtaining consent. Establish, implement, and uphold reasonable administrative, technical, and physical measures to safeguard personal data. Adhere to anti-discrimination statutes when handling personal data and refrain from discriminatory practices against consumers who exercise their rights. Obtain consent before processing sensitive data and comply with the Children’s Online Privacy Protection Act (COPPA) when dealing with children’s data. Furnish a comprehensive privacy notice encompassing categories of processed personal data, purposes of processing, avenues for consumers to exercise their rights, categories of personal data shared with third parties, and the categories of third parties with whom personal data is shared. What are Data Protection Impact Assessments (DPIAs)? Data Protection Impact Assessments (DPIAs) serve as crucial instruments for assessing and mitigating potential risks linked to the processing of personal data. According to Kentucky’s privacy legislation, data controllers are obligated to conduct DPIAs for activities that pose elevated risks to individuals’ privacy rights. These assessments entail identifying and evaluating potential risks, scrutinizing the necessity and proportionality of data processing, and instituting measures to alleviate identified risks. , the KCDPA mandates controllers to conduct and meticulously document a Data Protection Assessment (DPA) for various processing activities involving personal data. These encompass processing personal data for: Profiling, particularly if it carries a risk of unfair or deceptive treatment, potential harm to consumers, or intrusion into their privacy. Managing personal data that poses an elevated risk of harm to consumers. A single DPIA may cover a comparable range of processing operations if they entail similar activities. Penalties for non-compliance with KCDPA Violating the KCDPA carries a penalty of up to $7,500 for each infringement, with the fines collected directed into a fund at the disposal of the Office of the Attorney General for the enforcement of the KCDPA. Additionally, the enacted legislation establishes a consumer privacy fund, highlighting the state’s dedication to safeguarding consumers’ rights and offering recourse in instances of privacy breaches. Noteworthy is the absence of a private right of action within the KCDPA, with enforcement exclusively under the purview of Kentucky’s Attorney General. The law also incorporates a 30-day cure period, during which controllers and processors, if utilized, must furnish a written declaration confirming the rectification of alleged violations and the commitment to refrain from future infractions. This cure provision remains in effect indefinitely. What are key Kentucky Consumer Data Protection Act dates? The Kentucky Consumer Data Protection Act was passed on March 27, 2024. Businesses will become subject to the law as of January 1, 2026. TrustArc U.S. state data privacy resources TrustArc is committed to helping organizations understand and manage their compliance obligations for all existing and emerging U.S. state privacy laws. Manage essential processes to achieve cookie compliance with state and international privacy laws. Stay up to date on hundreds of global privacy laws, regulations, and standards. ==================================================================================================== URL: https://trustarc.com/resource/new-jersey-consumer-privacy-act-background-brief/ TITLE: Background Brief: New Jersey Consumer Privacy Act | TrustArc TYPE: resource --- New Jersey became the 13th U.S. state to give its consumers a set of comprehensive data privacy protections when was signed into law by state Governor Phil Murphy on January 16, 2024. The state’s data privacy legislation addresses consumers’ concerns about businesses collecting, disclosing and selling their personal data by requiring owners of business websites to transparently disclose these activities and honor opt-out requests. The New Jersey Consumer Privacy Act is enforceable from January 15, 2025 and covered entities have six months to mid-July 2025 to ensure they honor opt-out requests signaled via universal opt-out mechanisms. Key dates: New Jersey Consumer Data Privacy Act January 11, 2022 – New Jersey Senators Troy Singleton, Richard Cody, Raj Mukherji, Daniel Benson and Paul Moriarty introduce Senate Bill 332: “An Act concerning online services, consumers and personal data ”, which “requires commercial Internet websites and online services to notify consumers of collection and disclosure of personally identifiable information and allows consumers to opt out.” The Bill is referred to the Senate Commerce Committee; August 8, 2022 – New Jersey Senate adopts an amendment to SB332 proposed by Senator Troy Singleton: “This floor amendment provides that nothing in the bill is subject to, or to be construed as providing the basis for, a private right of action for a violation of the bill or any other law”; November 21, 2022 – Amendments to SB332 are reviewed by New Jersey senators, such as changing the definition of “consumer” to include individuals acting within a job-seeking context, clarifying methods for consumer rights requests and including third parties that track or collect information about consumers’ use of commercial websites in the definition of “operator”; December 19, 2022 – New Jersey Senate adopts several amendments to the text of SB332, most of which remove the amendments proposed in November 2022; February 2, 2023 – New Jersey senators pass Senate Bill 332 with a vote of 27–11; December 21, 2023 – New Jersey Senate adopts floor amendments in the equivalent Assembly Bill 1971 proposed by Assemblyman Raj Mukherji, which revise some definitions and clarify several requirements, including that “a consumer’s option to opt-out applies to the sale of data or targeted advertising,” and “a controller is not required to authenticate an opt-out request”; January 8, 2024 – New Jersey Assemblymen accept Senate Bill 332 substituting the equivalent Assembly bill (A1971) and pass SB 332 with a vote of 46–27; January 16, 2024 – State Governor Phil Murphy signs into law , New Jersey’s legislation protecting consumer data. In a he says: “In a rapidly growing digital age, our society has become increasingly dependent on the internet to complete day-to-day tasks from shopping and working to deeply personal tasks such as managing finances and medical care. However, far too often consumer privacy is exploited without consumers knowing that their data is being shared and sold. This important legislation will help consumers reclaim control over their own personal data, and allow them the choice to share information that is personal to them”; January 15, 2025 – New Jersey’s comprehensive consumer data privacy legislation goes into effect; Mid-July 2025 – Within six months from the New Jersey Consumer Privacy Act being effective, covered entities must honor consumers’ right to signal their opt-out rights (via universal opt-out mechanisms) to prevent their personal data from being sold or used for targeted advertising. New Jersey Consumer Data Privacy Act: Consumer rights A ‘consumer’ is defined in the New Jersey Consumer Privacy Act as “an identified person who is a resident of this state acting only in an individual or household context”. “a person acting in a commercial or employment context.” The Act focuses on ‘personally identifiable information’ to set out consumers’ privacy rights. It defines ‘personal data’ as “any information that is linked or reasonably linkable to an identified or identifiable person” and excludes de-identified or publicly available information about a citizen of New Jersey in the definition. Personally identifiable information New Jersey’s citizens now have the following consumer privacy rights: Right to confirm / right to know whether a controller processes their personal data, and gains access to it, with a caveat that controllers are not required to “provide the data to the consumer in a manner that would reveal the controller’s trade secret”; Right to correct inaccuracies in their personal data held by a controller, “taking into account the nature of the information and the purposes of the processing of the information”; Note: this right also covers personal information the controller has lawfully obtained from a third-party, other than the consumer. In these cases, the controller must delete the consumer’s personal data when requested by them, keep a record of the consumer’s deletion request including the minimum data needed to ensure the consumer’s data from the controller’s records and ensure the consumer’s personal information is not used for any other purpose. Right to data portability / obtain a copy of their personal data held by a controller in a “readily usable format that allows the consumer to transmit the data to another entity without hindrance.” Again, this right includes the caveat about controllers not being required to “provide the data to the consumer in a manner that would reveal the controller’s trade secrets”; of the processing of their personal data for the purposes of targeted advertising, sale or profiling (when that profiling is “in furtherance of decisions that produce legal or similarly significant effects concerning the consumer”); Right to designate an authorized agent to exercise opt-out requests on the consumer’s behalf, including via a user-selected universal opt-out mechanism (such as ) designed to signal opt-out preferences; Right not to have sensitive personal data processed by a controller, without first providing consent to the controller. In the case of a known child, controllers must process personal data in compliance with the Children’s Online Privacy Protection Act 1998 (COPPA) Sensitive data under New Jersey Privacy Law The New Jersey Consumer Privacy Act defines ‘sensitive data’ as personal data revealing: Mental or physical health condition, treatment or diagnosis Financial information – which includes “a consumer’s account number, account log-in, financial account, or credit or debit card number, in combination with any required security code, access code, or password that would permit access to a consumer’s financial account” Sex life or sexual orientation Citizenship or immigration status Status as transgender or non-binary Genetic or biometric data that may be processed for the purpose of uniquely identifying an individual Personal data collected from a known child Precise geolocation data within 1750 feet (Note: this definition excludes communications and other data generated by or connected to “advanced utility metering infrastructure systems or equipment for use by a utility”). Covered entities under New Jersey consumer privacy law New Jersey’s consumer data privacy legislation applies to any controller who: Conducts business in New Jersey Produces products or services that are targeted to residents of New Jersey. During a calendar year either: Control or process the personal data of at least 100,000 consumers, excluding personal data processed solely for the purpose of completing a payment transaction Control or process the personal data of at least 25,000 consumers and the controller derives revenue, or receives a discount on the price of any goods or services, from the sale of personal data. The Act defines ‘sale’ as “the exchange of personally identifiable information for monetary consideration by the operator to a third party for purposes of licensing or selling personally identifiable information at the third party’s discretion to additional third parties.” As the New Jersey Consumer Privacy Act does not mention a revenue threshold, it applies to any small business or nonprofit organization which processes the personal data of enough consumers to pass the above thresholds. Unlike several other U.S. states’ data privacy and protection laws, New Jersey’s privacy law does not exempt institutions of higher education or data subject to the federal Family Educational Rights and Privacy Act Exempted entities and data under New Jersey Consumer Privacy Act The requirements of New Jersey’s data privacy law do not apply to: Protected health information collected by a covered entity or business associate subject to the privacy, security and breach notification rules under Health Insurance Portability and Accountability Act (HIPAA) Health Information Technology for Economic and Clinical Health Act (HITECH) Financial institutions or their affiliates subject to Title V of the federal ; and secondary market institutions identified in the privacy subchapters of the Gramm Leach-Bliley Act as well as regulations under 12 C.F.R. s.1016 (Privacy of Consumer Financial Information Regulation) Insurance institutions subject to New Jersey legislation on information sharing related to insurance fraud including P.L.1985, c.179 ( The sale of a consumer’s personally identifiable information by the New Jersey Motor Vehicle Commission permitted by the federal Driver’s Privacy Protection Act Personally identifiable information collected, processed, sold or disclosed by a consumer reporting agency subject to the federal Fair Credit Reporting Act Any New Jersey State agency (“any political subdivision, and any division, board, bureau, office, commission, or other instrumentality created by a political subdivision”) or Personal data that is collected, processed or disclosed as part of research conducted in accordance with the Federal Policy for the protection of human subjects pursuant to 45 C.F.R. Part 46 or the protection of human subjects pursuant to New Jersey SB332 privacy law compliance Under the New Jersey Consumer Privacy Act controllers must meet the following requirements: Specify the express purposes for processing personal data (see New Jersey Privacy Notice Requirements below); Limit the collection of personal data to what is adequate, relevant and reasonably necessary to the purposes disclosed to the consumer; and if a controller wants to process data for any other purpose, they must first get consent from the consumer; Take reasonable measures to establish, implement and maintain administrative, technical and physical data security practices “to protect the confidentiality, integrity and accessibility of personal data and to secure personal data during both storage and use from unauthorized acquisition. The data security practices shall be appropriate to the volume and nature of the personal data at issue”; Not process sensitive personal information of a consumer without first obtaining the consumer’s consent, or in the case of personal data concerning a child, without processing the personal data in accordance with COPPA; Not process the personal information of a consumer aged 13–17 without their consent for the purposes of targeted advertising, sale or profiling – such processing is prohibited without consent if the controller has “actual knowledge, or willfully disregards, that the consumer is at least 13 years of age but younger than 17 years of age”; Not process personal data in violation of New Jersey state laws and federal laws that prohibit unlawful discrimination against consumers; Provide an effective mechanism for consumers to revoke their consent, and when consent is revoked by a consumer, stop processing their personal data as soon as practicable within 15 days of receiving the request – the mechanism for consumers to revoke their consent must be at least as easy to use as the mechanism they used to give consent in the first place; and Conduct and document a data protection assessment for processes that present a heightened risk of harm to the consumer – these assessments must be compliant with a controller’s duties under the New Jersey Consumer Privacy Act and other laws, and be made available to the Division of Consumer Affairs in the Department of Law and Public Safety upon request. Any processor engaged by a controller must enter a binding contract with the controller, adhere to the controller’s instructions and meet compliance obligations under the New Jersey Privacy Act, such as security and confidentiality requirements. New Jersey privacy notice requirements Controllers must provide consumers in New Jersey a reasonably accessible, clear and meaningful privacy notice that includes: Categories of personal data the controller processes; Purpose for processing personal data; Categories of all third parties which may have personal data disclosed to them by the controller; Categories of personal data the controller shares with third parties (if any); Information on how consumers may exercise their consumer rights under New Jersey’s privacy law, including contact information for the controller and instructions on how consumers may appeal the controller’s decision on their consumer rights requests; Process for notifying consumers of material changes to the privacy notice, along with effective date; Method consumers can use to contact the controller, such as an active email address or other online mechanism; Conspicuous disclosure if the controller sells personal data to third parties or processes personal data for the purposes of targeted advertising, sale or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; and Conspicuous instructions on how a consumer can exercise their right to opt-out from the sale or processing of their personal data. Responding to New Jersey consumer rights requests Controllers have 45 days to respond to an authenticated consumer privacy rights request with a decision. Controllers may extend this deadline by 45 days, provided they notify the consumer in the first 45 days about their reasons for needing the extra time. If a controller cannot authenticate a consumer rights request, they must notify the consumer that they cannot initiate action until they receive additional information from the consumer needed to authenticate the consumer and the rights request. Controllers do not need to authenticate opt-out requests but may deny them “if the controller has a good faith, reasonable and documented belief that such request is fraudulent,” though they must notify the consumer of their decision and provide an explanation. Consumers can make one rights request in any 12 month period and not be charged by a controller. If a controller decides a consumer rights request is unfounded or excessive, the controller can either decline to act on the request or charge a reasonable fee to the consumer to cover related administration costs of complying with the request. In both scenarios, the controller must prove the request is unfounded or excessive. When refusing to act on a consumer request the controller must: Notify the consumer within 45 days from receipt of the request Explain the reason for inaction, and Provide instructions on how the consumer may appeal the decision. Controllers cannot discriminate against New Jersey consumers for exercising their privacy rights under the Act. New Jersey privacy law enforcement The state Attorney General has exclusive authority to enforce violations of the New Jersey Consumer Privacy Act. Consumers do not have a private right of action. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety has the authority to make rules and regulations pursuant to the Administrative Procedure Act necessary to effect the purposes of the privacy law. In the first 18 months of the Privacy Act being in effect, controllers alleged to be in violation if a cure is deemed possible must be issued a notice by the Division of Consumer Affairs, which gives the controller 30 days to cure a violation before an enforcement action can be brought against them. After this sunset period enforcement action can begin immediately. The scale of penalties is not mentioned in the text of the New Jersey Consumer Privacy Act. Stay up to date on hundreds of global privacy laws, regulations, and standards. Automate your compliance program Use PrivacyCentral to streamline privacy compliance across all relevant jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/uk-privacy-law-update-uk-gdpr/ TITLE: UK privacy law update: Proposed changes to UK GDPR / Data Protection Act  | TrustArc TYPE: resource --- Four years after Brexit, the UK’s data protection laws are being reviewed by the UK Government again – mostly to ensure it can govern data rights in the country under UK law, rather than deferring to EU law. Organizations operating in multiple jurisdictions must comply with all applicable data protection laws for each territory. TrustArc’s Regulatory Guidance helps organizations stay abreast of ever-evolving privacy laws across multiple jurisdictions. There is some urgency among UK lawmakers to drive these changes since the Retained EU Law (Revocation and Reform) Act 2023 became law on January 1, 2024, removing some post-Brexit obligations under European Union law as applied to the UK GDPR and UK Data Protection Act. The UK Department for Science, Innovation and Technology (DSIT) highlighted this change in its draft Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 , published on September 11, 2023. In its explanatory note accompanying the draft, DSIT stated the regulations will: “revoke and replace Article 4(28) of the UK General Data Protection Regulation and section 205(1A) of the Data Protection Act 2018 which relate to the meaning of references to fundamental rights and fundamental freedoms in data protection legislation”; and “insert new definitions of fundamental rights and fundamental freedoms into the UK GDPR and DPA 2018 so that after the end of 2023 … [these references] … will be references to rights under the European Convention on Human Rights within the meaning of the Human Rights Act 1998.” UK Data Protection laws in the 21st century The UK Government has enforced data privacy and protection under three main sets of laws this century: Privacy and Electronic Communications Regulations 2003 , which came into force on December 11, 2003, and focus on data confidentially and the consequences of data breaches. UK General Data Protection Regulation (UK GDPR) , which became law on April 27, 2016, a few months after the introduction of the EU General Data Protection Regulation (EU GDPR) and became applicable on January 1, 2021. The UK GDPR mostly reflects fundamental personal data rights covered in the EU GDPR, though narrows their application to UK-based organizations and organizations outside the UK that process UK citizens’ personal data. UK Data Protection Act 2018 (DPA) , which replaced the UK’s original DPA (passed in 1988, updated in 1998) and augments UK citizens’ privacy rights under GDPR with stronger rules around specific categories of personal information such as ethnic background, political opinions and health. Amendments to data protection laws in the UK are being reviewed by Parliament under a proposed bill titled Data Protection and Digital Information Bill (No.2) Bill to amend UK GDPR intends to ‘cut paperwork’ The UK Parliament’s Data Protection and Digital Information Bill (No.2) is the second recent attempt in the UK Parliament to bring data rights under UK law, rather than EU law. The original version of the Data Protection and Digital Information Bill was introduced in the House of Commons on July 18, 2022, and stalled for several months. That proposed Bill was then withdrawn so the updated version could be introduced on March 8, 2023. Later that day, the UK Information Commissioner Office issued a press release about the Data Protection and Digital Information Bill (No.2) headlined “British Businesses to Save Billions Under New UK Version of GDPR” , with the subheading promising “New data laws to cut down pointless paperwork for businesses and reduce annoying cookie pop-ups”. UK Information Commissioner John Edwards said he welcomed the reintroduction of the Bill and supported its ambition “to enable organizations to grow and innovate whilst maintaining high standards of data protection rights” “data protection law needs to give people confidence to share their information to use the products and services that power our economy and society”. On the later aim – to give people the confidence to share their information – the Bill contains a commitment to establish a digital verification service framework so individuals can more easily and safely prove their identity digitally, and thus speed up their interactions with organizations. Further amendments to the Data Protection and Digital Information Bill (No.2) were proposed in November and December 2023. Edwards released new commentary on the Bill He continues to seek changes to the text such as: improving several definitions, particularly for activities considered ‘high-risk processing’; greater independence for the ICO ( “namely removing the Secretary of State approval over statutory ICO codes” updating rules about the ICO’s activities to allow the Office to serve information, enforcement and penalty notices electronically; extending the reporting period for personal data breaches under Privacy and Electronic Communications Regulations from 24 to 72 hours (aligned with UK GDPR); tightening rules around processing data when used for government audits or investigations of individuals, especially related to tax and social security – Edwards notes stronger safeguards are needed to protect individuals against arbitrary interference with their rights; and clarifying rules for businesses responding to subject access requests to reduce ‘vexatious’ requests and organizations only need to run ‘reasonable and proportionate searches’. Overview of key proposed amendments to UK GDPR The UK Information Commissioner’s Office media releases state the Data Protection and Digital Information Bill’s proposed amendments to UK data protection laws will “introduce a simple, clear and business-friendly framework that will not be difficult or costly to implement”. The intents and claims for these amendments are summarized below. 1. Simpler UK GDPR compliance Proponents of the amendments claim they will ‘cut pointless paperwork’ in current UK data protection laws by giving organizations more flexibility over how they meet compliance requirements. The changes especially target reporting requirements under UK GDPR, which the Information Commissioner’s Officer noted were based on the existing “highly prescriptive, top-down approach to data protection regulation which can limit organizations’ flexibility to manage risks and places disproportionate burdens on small businesses.” However, there is a caveat: organizations will need to appoint a member of senior management as ‘Senior Person Responsible’, a role which effectively replaces the previously required role of Data Protection Officer. organizations will only need to maintain records of processing activities for personal data if those processing activities “pose high risks to individuals’ rights and freedoms”. 2. Continued compliance for international data transfers The ICO states the reforms are also intended to ensure the UK maintains data adequacy with the EU and build international confidence in the UK’s data protection standards to support “the free flow of personal data between like-minded countries”. businesses operating in the UK that are already compliant with existing UK data laws will be allowed to continue using their existing international data transfer mechanisms to share personal data overseas. The ICO says “This will ensure British businesses do not need to pay more costs or complete new checks to show they’re compliant with the updated rules”. UK-US Data Bridge: International Data Transfer Adequacy 3. Permitted processing of personal data without consent Organizations have always had to weigh their interests in collecting personal data against individuals’ privacy rights; the amendments provide some leeway for the collection of personal data if the insights from that data are in the public interest. organizations may collect personal data without needing consent where they can prove collection and sharing of that data is necessary to “prevent crime, safeguard national security or protect vulnerable individuals” 4. Broader definition of scientific research “current data laws are unclear on how scientists can process personal data for research purposes, which holds them back from completing vital research that can improve the lives of people across the country”. The new Bill proposes an updated definition giving commercial organizations similar freedoms as academics to collect and use/reuse data for scientific research. the Bill proposes reducing paperwork and legal costs for researchers, which the ICO claims will “encourage more scientific research in the commercial sector”. The new Bill contains a non-exhaustive definition of scientific research which remains any processing that “could reasonably be described as scientific and could include activities such as innovative research into technological development”. 5. Safeguards applied to AI The ICO notes the current data protection laws in the UK are “complex and lack clarity for solely automated decision-making and profiling which makes it difficult for organizations to responsibly use these types of technologies”. The new Bill clarifies rules for businesses using automated decision-making. It includes requirements for businesses to make people aware they may be subject to automated decisions, explain the reason/s for processing, and notify them of their rights, including rights to “challenge and seek human review when those decisions may be inaccurate or harmful”. the ICO says these updated rules will “Increase public and business confidence in AI technologies”, while giving businesses, AI developers, and individuals “greater clarity about when these important safeguards for solely automated decision-making must apply”. Amendments focused on national security A UK Government press release published on November 23, 2023, claimed a handful of proposed changes to the Bill “will safeguard the public, prevent fraud, and unlock post-Brexit opportunities”. The main changes sought by the Government are: Access to targeted individuals’ financial activities data – giving government agencies new powers to require data from third parties (such as banks and other financial institutions), which could be used to help identify fraud; and Retention of targeted individuals’ biometrics data – allowing national security agencies (such as Counter Terrorism Police) to keep for longer the biometric data of individuals identified by an agency as ‘posing a potential threat to national security’. This update brings retention of biometric data such as fingerprints in line with INTERPOL’s data retention rules. Although the UK GDPR isn’t being revoked by the Retained EU Law Act, it will be more tightly interpreted through UK case law, rather than EU case law. In the EU, while each member state can pass legislation permitting some exemptions to personal data rights in cases of national security, the EU GDPR contains stronger safeguards for individual rights versus government organizations’ interests. The proposed changes to UK data privacy and protection law generally keep many of the UK GDPR’s data protection principles that apply to all organizations processing personal data in the UK. When the UK GDPR came into effect it carved out greater national security exemptions from some data protection rules around the collection, processing, and use of personal information than those allowed under the EU GDPR. These carveouts for intelligence services, immigration control, and national security effectively limit personal data rights for citizens when government organizations choose to apply them. UK-US Data Bridge: International data transfer adequacy UK extension to the EU-US Data Privacy Framework came into force on October 12, 2023, which allows certified organizations in the US to transfer the personal data of UK citizens more readily. It replaces previous requirements for safeguards such as international data transfer agreements or contract clauses. The UK-US Data Bridge was established on September 21, 2023, by the UK Secretary of State for Science, Innovation, and Technology, the Rt Hon Michelle Donelan MP. The Secretary for State also laid adequacy regulations in Parliament, supported by the US Attorney General’s decision on September 18, 2023, to designate the UK as a ‘qualifying state’. To use the UK-US Data Bridge organizations must prove compliance with UK GDPR rules on the protection of UK citizens’ personal data and gain certification to the Data Privacy Framework (DPF) list. International Data Transfers Map your data and demonstrate compliance with applicable laws in each territory you operate. Data Privacy Framework Verification for EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. DPF Demonstrating DPF verification is critical for your global compliance and data transfer mechanisms and includes: Privacy-compliant data flows Operationalizing data mechanisms for accountability, such as strong privacy notices Verified seal to show the organization has met compliance requirements and is committed to protecting personal data and privacy. To participate in the UK Extension to the EU-U.S. DPF an organization must also participate in the EU-U.S. DPF, whereas it is possible to participate exclusively in either the EU-U.S. DPF or the Swiss-U.S. DPF. ==================================================================================================== URL: https://trustarc.com/resource/essential-guide-gdpr/ TITLE: Essential Guide to GDPR | TrustArc TYPE: resource --- Essential Guide to the GDPR Practical Steps to Manage the EU General Data Protection Regulation Years after its implementation, enforcement of the General Data Protection Regulation (GDPR) is in full swing and fines are commonly reaching into the millions and billions. To avoid suffering significant losses, small, medium, and large businesses need a plan for GDPR compliance, fast! Using the Essential Guide to the GDPR, you can decipher over 200 pages of GDPR legal text into practical implementation steps that minimize risk, ensure compliance, build trust, and protect your brand. A five phase GDPR compliance roadmap for implementation Comprehensible steps for ongoing GDPR Compliance Messaging to get the compliance program investment your team needs The GDPR Has Worldwide Application If your business offers goods or services, has employees, physical buildings, or a website accessible by data subjects in the 27 EU Member States, it’s most likely subject to GDPR. Because the GDPR protects the personal data of individuals, which includes anyone physically residing in the EU, even if they are not EU citizens, its applicability is extremely broad. Don’t get caught off guard, get GDPR compliant. “As of October 2022, Data Protection Authorities have issued over 1,300 fines totaling over $2 billion dollars for GDPR non-compliance.” – CMS Enforcement Tracker ==================================================================================================== URL: https://trustarc.com/resource/webinar-unified-trust-center-for-privacy-security-compliance-legal/ TITLE: Unified Trust Center for Privacy, Security, Compliance, and Legal | TrustArc TYPE: resource --- Unified Trust Center for Privacy, Security, Compliance, and Legal In today’s digital world, trust is key to customer relationships, but keeping it is a huge challenge. Customers are well-informed and empowered, quick to change brands if their trust is broken, even if it costs them more. This puts a lot of pressure on organizations to handle trust and safety issues with great care and transparency. The challenge, however, is real. Fragmented solutions have left privacy, legal, and security teams in a perpetual cycle of catch-up, struggling to update privacy notices, manage customer data rights, and answer lengthy security questionnaires—all while trying to prove ROI to the business. It’s a thankless job, filled with repetition, tedious tasks, and constant interdepartmental coordination. Combine this with fast regulatory changes and the quick evolution of AI, and it becomes overwhelming. Join this webinar to learn more about TrustArc’s new innovative solution , the only unified, no-code online hub for trust and safety information built for privacy, security, compliance, and legal teams. Trust Center streamlines your path to compliance, shortens the pre-sales cycle, and reduces both legal and regulatory risks, saving time, effort, and cost. This webinar will review: Why companies are building unified Trust Centers for a robust privacy program. How unified Trust Centers streamline sales cycles, ensure regulatory compliance, and reduce operational bottlenecks. How compliance, legal, security, GRC, and privacy teams benefit from a unified Trust Center in terms of needs, pains, and outcomes. How TrustArc Trust Center saves time and work while reducing legal, reputational, and compliance risk by effectively managing policies, notices, terms, and disclosures, and providing real-time updates on subprocessors. Deputy General Counsel, TrustArc Chief Product Officer, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-ai-governance-managing-ai-risk/ TITLE: AI Governance: Managing AI Risk TYPE: resource --- AI Governance: Managing AI Risk New regulations, such as the EU AI Act (enforced on August 1, 2024), require organizations to demonstrate responsible AI use. Understanding key obligations and means to comply with these new AI laws and regulations can not only be confusing, but is crucial for global organizations to avoid steep penalties and establish/maintain customer trust. Join our panel of experts during this webinar as they discuss topics such as what AI privacy management risks should organizations be aware of, strategies to comply with AI and privacy regulations, modeling trust and transparency while working with third-party vendors, operationalizing and deploying AI governance best practices within an organization, as well as how TrustArc’s innovative solutions can help with each. This webinar will review: Top AI privacy management risks and how to manage them effectively Concrete steps to take to comply with AI and privacy regulations How to identify, assess, and mitigate risk of third-party AI vendors or business processes using AI Solutions, tools, and techniques to help achieve speed, scale, and savings while managing AI responsibly and building trust VP, Knowledge & Global DPO, TrustArc VP of Product Management, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/webinar-how-to-build-a-vendor-risk-management-program/ TITLE: How to Build a Vendor Risk Management Program TYPE: resource --- How to Build a Vendor Risk Management Program Developing a robust vendor risk management program is critical for safeguarding your organization against potential threats arising from third-party relationships. In an era where businesses increasingly rely on external vendors to deliver essential services, understanding and managing the associated risks have never been more important. This webinar will explore the essentials of creating a comprehensive framework to identify, assess, and mitigate risks linked to your vendors. Our panel of experts will guide you through the indispensable steps to establish an effective vendor risk management strategy. They’ll address key questions such as: What are the primary risks associated with third-party vendors? How can you evaluate and monitor vendor performance to ensure compliance and security? What practices should be implemented to maintain ongoing risk assessments and resilience? This webinar will review: The critical components of a successful vendor risk management program Practical steps to evaluate and manage vendor risks effectively Strategies for continuous monitoring and performance assessment of third-party vendors How to integrate vendor risk management into your overall risk strategy and business operations Join us for an in-depth exploration of vendor risk management and learn how TrustArc can support your journey toward improved third-party risk oversight. Deputy General Counsel, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-innovating-with-truste-responsible-ai-certification/ TITLE: Innovating with TRUSTe Responsible AI Certification TYPE: resource --- Innovating with TRUSTe Responsible AI Certification In a landmark year marked by significant AI advancements, it’s vital to prioritize transparency, accountability, and respect for privacy rights with your AI innovation. Learn how to navigate the shifting AI landscape with our innovative solution TRUSTe Responsible AI Certification , the first AI certification designed for data protection and privacy. Crafted by a team with 10,000+ privacy certifications issued, this framework integrated industry standards and laws for responsible AI governance. This webinar will review: How compliance can play a role in the development and deployment of AI systems How to model trust and transparency across products and services How to save time and work smarter in understanding regulatory obligations, including AI How to operationalize and deploy AI governance best practices in your organization Chief Assurance Officer, TrustArc Senior Assurance Program Manager, AI & Global Privacy, TrustArc VP of Risk & Compliance, Integral Ad Science ==================================================================================================== URL: https://trustarc.com/resource/webinar-2024-data-privacy-trends-a-mid-year-check-in/ TITLE: Data Privacy Trends 2025: Mid-Year Insights & Program Strategies TYPE: resource --- Data Privacy Trends 2025: Mid-Year Insights & Program Strategies The privacy landscape continues to evolve at a relentless pace in 2025. With new regulations taking effect, enforcement actions intensifying, and emerging technologies like generative AI introducing fresh layers of complexity, privacy leaders are under more pressure than ever to adapt—and fast. Join privacy experts from for a strategic mid-year update that explores the biggest developments from the first half of 2025. This session will highlight where the regulatory winds are blowing, how organizations are responding, and what you can do now to strengthen your privacy posture for the remainder of the year. Whether you’re recalibrating your privacy roadmap or responding to new compliance demands, this briefing will give you the clarity and direction you need to stay ahead in 2025. This webinar will review: Major privacy regulatory updates and enforcement trends in 2025 Emerging data governance themes and risk areas (including AI and third-party management) Actionable recommendations to elevate your privacy program for the rest of the year This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc Chief Assurance Officer, TrustArc VP, Chief Privacy Officer, DoubleVerify Member / Co-Chair, Privacy & Cybersecurity Practice, Mintz ==================================================================================================== URL: https://trustarc.com/resource/webinar-2024-global-privacy-survey/ TITLE: 2025 Global Privacy Benchmarks Survey: Trends and Perspectives TYPE: resource --- 2025 Global Privacy Benchmarks Survey: Trends and Perspectives How does your privacy program compare to your peers? What challenges are privacy teams tackling and prioritizing in 2025? sixth annual Global Privacy Benchmarks Survey , we asked global privacy professionals and business executives to share their perspectives on privacy inside and outside their organizations. The annual report provides a 360-degree view of various industries’ priorities, attitudes, and trends. See how organizational priorities and strategic approaches to data security and privacy are evolving around the globe. This webinar features an expert panel discussion and data-driven insights to help you navigate the shifting privacy landscape. Whether you are a privacy officer, legal professional, compliance specialist, or security expert, this session will provide actionable takeaways to strengthen your privacy strategy. This webinar will review: The emerging trends in data protection, compliance, and risk The top challenges for privacy leaders, practitioners, and organizations in 2025 The impact of evolving regulations and the crossroads with new technology, like AI Predictions for the future of privacy in 2025 and beyond This webinar is eligible for 1 CPE credit. Head, Customer Enablement & Principal, Data Privacy, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/deceptive-patterns-in-consent-and-data-privacy/ TITLE: Deceptive Patterns in Consent and Data Privacy | TrustArc TYPE: resource --- Deceptive Patterns in Consent and Data Privacy What are Deceptive Patterns? The use of manipulative or deceitful design practices to force or trick users into making choices that they wouldn’t otherwise make. It’s common for entities to use multiple deceptive patterns simultaneously to create an irresistible compounding efect. Deceptive patterns are found outside data privacy in various industries and contexts and are prevalent on mobile apps. These can look like free trials that lead to a recurring subscription fee, online advertisements that look like editorial content, or processes that make it hard to change your account or cancel your subscription. ==================================================================================================== URL: https://trustarc.com/resource/global-privacy-control-financial-incentives/ TITLE: Bridging the Gap: Global Privacy Control and Financial Incentives | TrustArc TYPE: resource --- Consumers who want to opt-out of the sale or sharing of their personal information can find it hard to exercise this important privacy right. extensive study by Consumer Reports about compliance issues related to the California Consumer Privacy Act noted: “Consumers struggled to locate the required links to opt-out of the sale of their information. For 42.5% of sites tested, at least one of three testers was unable to find a DNS (Do Not Sell) link. All three testers failed to find a “Do Not Sell” link on 12.6% of sites, and in several other cases, one or two of three testers were unable to locate a link. Global Privacy Control (GPC) was designed to address this issue. GPC gives users a universal privacy control in a web browser extension, allowing them to store their choice to opt-out of having their data collected for sale or sharing before they interact with any business online. GPC was developed by a collective of technologists, researchers, civil rights activists, web publishers and representatives of several technology businesses (ranging from browser vendors and extension developers to software companies). Under the California Consumer Privacy Act (CCPA), California consumers’ privacy right to opt-out was meant to be streamlined by requiring businesses to get consent from California consumers to share and/or sell their personal information. CCPA includes a provision for opt-out to be signaled via Global Privacy Control settings in consumers’ browsers, saving them from having to go through opt-out processes with every business they interact with online. Global Privacy Control: Key dates first draft of a “Do Not Track” (DNT) standard for online privacy, also known as Tracking Preference Expression, is published by the World Wide Web Consortium (W3C), an organization developing open standards and guidelines for the web based on the principles of accessibility, internationalization, privacy, and security. A Tracking Protection Working Group is established to standardize DNT and the DNT header for browsers is supported in major web browsers including Chrome, Firefox, Internet Explorer, Opera and Safari. W3C Tracking Protection Working Group is closed , with a statement from the group noting “since its last publication as a Candidate Recommendation, there has not been sufficient deployment of these extensions (as defined) to justify further advancement, nor have there been indications of planned support among user agents, third parties, and the ecosystem at large.” – Global Privacy Control is introduced. – the GPC organization announces the browser signal is being used by more than 40 million users and honored by major publishers such as The New York Times as “a valid opt-out of sale under the CCPA”. – the Office of the California Attorney General Rob Bonta, announces a CCPA enforcement “part of ongoing efforts by the Attorney General to enforce California’s comprehensive consumer privacy law that allows consumers to tell businesses to stop selling their personal information to third parties, including those signaled by the Global Privacy Control (GPC) … There are no more excuses. Follow the law, do right by consumers, and process opt-out requests made via user-enabled global privacy controls.” Lack of trust motivates opt-outs and GPC signals Most people are now very aware they’re tracked online and are becoming more active in adjusting privacy settings to exercise their personal privacy rights. Arguably the main reasons people opt-out of allowing their personal information to be collected, processed, sold and/or shared are related to a lack of trust. people don’t trust a business to protect their privacy at all. High profile data breaches have made them fearful, so some people lock down privacy settings whenever they’re online, such as using a browser in private mode or connecting via a virtual private network. people don’t trust a business to only use their personal information for relevant and useful purposes – and only then at times that suit the consumer. As a consumer, no doubt you’re frequently targeted with supposedly ‘relevant’ offers or suggestions that miss the mark. Irrelevant intrusions from businesses you’ve previously connected with can be irritating, but they’re especially annoying when they’re from businesses you have no relationship with at all. No one likes nuisance calls, spam, and other unsolicited communications from organizations you never wanted to share your contact information with, let alone allow them to know information that’s more personal. So, it’s not surprising more and more consumers actively seek and select stricter privacy settings – or choose GPC – in their efforts to stop apparently unsolicited and/or irrelevant intrusions from businesses. GPC can mean consumers might inadvertently block themselves from the benefits of loyalty schemes and other financial incentive programs when they’ve previously opted-in. Businesses can build trust by demonstrating the benefits of opt-in 2023 TrustArc Global Privacy Benchmark Report we highlighted how more businesses are now onboard with maintaining brand trust through robust privacy efforts: the link between brand trust and proactive privacy measures rose in importance from 2022 to 2023, up seven points to 62%) Trust can be built by continually demonstrating how consumer information is used for purposes that are relevant and beneficial for your customers. Under privacy regulations such as and General Data Protection Regulation ( ), consumers have a right to know what personal information is collected by a business and how it is used, shared or sold. When you ask customers to consent (via an opt-in mechanism) to having their data used, shared, or sold you must prove to them the relationship is worth maintaining. Financial incentive programs are one way to achieve this – if what you offer is genuinely useful and appealing to your customers. TrustArc’s financial incentive notice service TrustArc can help your business design and implement a Financial Incentive Notice triggered by a customer’s GPC signal that is easy for them to understand and act on. Our aim is to ensure your business complies with privacy regulations such as CCPA at the same time as creating opportunities to keep customers enrolled in loyalty offers and other financial incentive programs. Your Financial Incentive Notice must be simple and offer genuine choice for customers who have previously opted-in to a financial incentive program and now use GPC. When a GPC opt-out signal is detected from the browser of a customer who is enrolled in a financial incentive program (such as a loyalty points program), it should clearly acknowledge both facts The customer now has a GPC opt-out signal from their browser; and The signal conflicts with their existing participation in your business’ financial incentive program, which requires opt-in to tracking technologies. Next, it should explain to the customer they can choose not to be tracked and, therefore, not participate in your incentive program anymore or continue to be tracked so they can receive offers without disruption. TrustArc will then ensure the customer’s choice is immediately actioned in your TrustArc customer consent and preference management solution. ==================================================================================================== URL: https://trustarc.com/resource/selecting-the-best-eu-us-data-transfer-mechanism/ TITLE: Selecting the Best EU-US Data Transfer Mechanism for Your Business | TrustArc TYPE: resource --- The state of EU-US data transfer mechanisms in 2023 Since 2000 regulators have tried to keep an EU-US data transfer mechanism in place. From 2000-2015 it was . From 2016 until 2020 it was . And now through the EU-US Data Privacy Framework, the US is once again deemed as adequate for data transfers by the EU. Despite taking different approaches to data protection in each region, there’s a desire to cooperate from both sides of the Atlantic. That’s because the “European Union and the United States have the largest bilateral trade and investment relationship and enjoy the most integrated economic relationship in the world,” And, “The transatlantic relationship is a key feature of the overall global economy and trade flows. For most countries, either the EU or the US is the largest trade and investment partner.” Businesses in the EU and US have a constant need to transfer data across borders. This includes information about users as well as employees. Trade between these nations directly supports 9.4 million jobs and indirectly 16 million jobs. Additionally, as society becomes more digital, the number of vendors and third party service providers continues to increase. These partnerships often rely on data transfers, or in other words, information sharing, to achieve desired outcomes. Examples of non-obvious data transfers from the EU to the US EU-US data transfers can be tricky due to different regulations and individual protections in each country. Sharing data has become such a normal part of business operations that some may not even realize they’re conducting a cross border data transfer. Below are just a few of the many possible data transfer examples. Storing data in a cloud service provider located in the US, where the personal information of EU individuals is uploaded and stored. Sending emails containing personal data to recipients or email servers located in the US. Allowing employees located in the US to access and process personal data originating from the EU. Using a CRM platform hosted in the US to store and manage customer data originating from the EU. Replicating and storing data backups in servers located in the US. Transferring personal data to social media platforms headquartered in the US when individuals from the EU use these platforms. Utilizing analytics tools or trackers hosted in the US that collect and process data from EU visitors on websites or mobile applications. Employing SaaS solutions hosted in the US that involve processing personal data originating from the EU. Using HR management platforms hosted in the US that handle the personal data of EU employees or job applicants. What data transfer methods from the EU exist? After Privacy Shield was invalidated in 2020, businesses had to use other EU-US data transfer mechanisms. Chapter 5 of the GDPR is dedicated to transfers of personal data to third countries or international organizations and Articles 44 – 50 explain the authorized data transfer methods. EU transfers on the basis of an adequacy decision Adequacy decisions are made by the European Commission about transferring data to a third country, territory, or international organization. Once a country is deemed adequate, the data transfer won’t require any specific authorization or further safeguards. The decision will be reviewed at least once every four years to ensure adequate protection of personal data. The commission takes into account the third party’s rule of law, the existence of a supervisory authority, and the international commitments entered into by the third party. Standard Contractual Clauses Most businesses implemented SCCs as a result of the Schrems II ruling. , SCCs can be applied to data transfers where the recipient’s organization would not be directly subject to the GDPR for the processing operation. If an organization offers goods or services or monitors individuals’ behavior in the European Economic Area, SCCs can’t be used. SCCs are approved by the European Commission and are incorporated into data transfer agreements between the EU data exporter and the US data importer to provide appropriate safeguards for the transferred data. This transfer method allows multinational organizations to implement BCRs for transfers of personal data within their group of companies. The BCR must be approved by relevant data protection authorities and provides legally binding commitments to protect personal data across the organization. GDPR Article 49 permits the transfer of personal data to a third country, including the US, based on the explicit and informed consent of the individual. However, explicit consent should meet the GDPRs stringent requirements and must be freely given, specific, informed, and unambiguous. Comparing EU-US data transfer mechanisms: Which is best? While each has its pros and cons, using the EU-US Data Privacy Framework (an adequacy decision) is the most cost-effective – both in terms of time and money for businesses. It’s the fastest and most scalable option. Businesses must certify for the Data Protection Framework once and verify annually. There are no TIAs or supplementary measures required. The framework ensures that a well implemented privacy program is in place and is a public facing commitment to using personal information fairly, lawfully, and transparently. A DPF verification demonstrates accountability to regulators and the Department of Commerce and provides your business credibility as a vetted trading partner, vendor, and service provider. The problems with using SCCs for EU-US personal data transfers Standard contractual clauses are a tedious process. They must be completed for every vendor, service provider, and client. (A separate SCC is required for each business activity that transfers personally identifiable information to the US.) And SCCs require Transfer Impact Assessments (TIA) for each contract and may also require supplementary measures. New transfers don’t fit into the existing process, and every contract needs to be updated for every new transfer. Using SCCs as your data transfer method can put the business at risk of delay with vendors, providers, service contractors, and clients. Some vendors may even refuse to agree to SCC terms or sign altogether. The difficulties of using BCRs for EU-US personal data transfers Binding Corporate Rules aren’t an option for all companies; they’re often the least used. BCRs need approval from data protection authorities and depending on the entity this could involve several authorities. The main difficulty of BCRs is the sheer amount of internal resources and legal fees spent to evaluate risk, write contracts, and develop BCRs for all areas of personal data across the organization. This process is cumbersome and can take several years. As a transfer mechanism, BCRs aren’t flexible and are very limited in scope. Lastly, Binding Corporate Rules don’t address governance and enforceability. What about using consent for EU-US personal data transfers? The problem with relying on consent for EU-US personal data transfers is its lack of scalability. Consent in this case was designed for infrequent transfers of very few records. Additionally, this opens your company up to upstream and downstream responsibilities concerning how your vendors and service providers meet GDPR requirements with your customer’s data. ==================================================================================================== URL: https://trustarc.com/resource/oregon-consumer-privacy-act-brief/ TITLE: Background Brief: Oregon Consumer Privacy Act | TrustArc TYPE: resource --- After many years of consumer data privacy advocacy campaigns, including by several senators, Oregon joined the growing list of U.S. states to introduce comprehensive consumer data rights and protections when Oregon Governor Tina Kotek signed into law the Oregon Consumer Privacy Act (OCPA) Most of its provisions are like those introduced in other states in recent years, though Oregon has joined California by not broadly exempting all organizations considered financial institutions under the U.S. federal Gramm-Leach-Bliley Act. Oregon Privacy Law effective dates For-profit organizations must comply with OCPA rules by July 1, 2024, while non-profit organizations must comply a year later, on July 1, 2025. All covered entities must also honor consumers’ opt-out preferences signaled via their browsers from January 1, 2026. Key dates: Oregon Consumer Privacy Act June 2019 – Attorney General Rosenblum forms the Oregon Consumer Privacy Task Force “the growing call for legislation that would give consumers more control over their online privacy and require businesses to adhere to basic standards when handling personal information”. The task force includes more than 150 participants, many from privacy and consumer rights advocacy backgrounds. Mid-2020 – in response to concerns about COVID-19 contact tracing, a subcommittee of the Oregon Consumer Privacy Task Force develops rules about the handling of personal health data during the COVID crisis. April 28, 2021 – Oregon House of Representatives passes a contract tracing privacy bill (HB 3284) to protect personal health data related to COVID-19. The bill does not apply to healthcare providers, the Oregon Health Authority, or public health agencies, who are already covered by separate health information privacy laws. November 14, 2022 – AG Rosenblum announces a $391.5 million consumer privacy settlement with Google over its location tracking practices. The settlement was led by AG Rosenblum and Nebraska AG Doug Peterson and involved Attorneys General from 38 other states. January 9, 2023 – Oregon Senate Bill 619 (titled ‘OCPA’) is introduced for a first reading, followed by public hearings in March. June 20, 2023 – Oregon Senate votes 23-2 to pass the text of the Oregon Consumer Privacy Act, referring it to the House of Representatives for a vote. June 22, 2023 – Oregon House of Representatives votes unanimously (54 in favor) to pass OCPA. “Passage of the bill by such wide margins demonstrates broad bipartisan support for greater privacy protections, and sends the bill to the Governor for signing,” AG Rosenblum in a media release “The Oregon Consumer Privacy Act defines personal and biometric data broadly, protects consumer data rights holistically, and holds companies that have access to our data to high standards. This is a huge win for Oregonians and sets a high-water mark for consumer data privacy nationwide.” July 18, 2023 – Oregon Governor Tina Kotek signs the Oregon Consumer Privacy Act into law. July 1, 2024 – for-profit organizations must comply with data privacy rules under OCPA. July 1, 2025 – non-profit organizations must comply with OCPA rules. January 1, 2026 – covered entities must recognize and honor consumers’ opt-out preference signals from their browsers. Consumer rights under Oregon’s Data Privacy Law Oregon Consumer Privacy Act covers any consumer who is “a natural person who resides in this state and acts in any capacity other than in a commercial or employment context”. The Act gives consumers rights over their personal data, which is defined in Section 1(13)(a) as meaning “data, derived data or any unique identifier that is linked to or is reasonably linkable to a consumer or to a device that identifies, is linked to or is reasonably linkable to one or more consumers in a household”. The definition excludes ‘de-identified data’ which “cannot reasonably be used to infer information about or be linked to a consumer” (or their device/s), as well as other data that is legally in the public domain, data available lawfully through government records at all levels, and widely distributed media. the exclusion for deidentified data also includes anonymized patient information subject to the Health Insurance Portability and Accountability Act (HIPPA) and the Federal Policy for the Protection of Human Subjects. Consumers in Oregon now have the following personal data privacy and protection rights: Right of confirmation (Right to know) from a controller confirming whether the controller is processing (or has processed) their personal data, along with the categories of personal data. Consumers can also request (“at the controller’s option”) a list of specific third parties, other than natural persons, that have been given the consumer’s personal data or any personal data. Right to data portability as part of their right to know. When a consumer requests a copy of all their personal data held by a controller for processing the controller must give them a copy of their personal data in a “readily usable format that allows the consumer to transmit the personal data to another person without hindrance”. inaccuracies in records of their personal data held by a controller. The text says this requirement must consider the nature of the personal data and the controller’s purpose for processing the data. their personal data held by a controller, including data the controller was given by the consumer or personal data collected from another source and any derived data (records created by collecting and analyzing existing raw data, such as observational data). from a controller’s processing of their personal data when the purposes of processing are selling the personal data, or using insights for targeted advertising or profiling. The text frames ‘profiling’ as the processing of data “in furtherance of decisions that produce legal effects or effects of similar significance”. Right not to have sensitive personal data processed without consent – or if the controller knows the consumer is a child (under 13 years of age). Children under the age of 13 also have their sensitive personal data protected by the Children’s Online Privacy Protection Act of 1998. Older children between 13 and 15 years of age are protected under OCPA – when the controller knows their age – from having their personal data processed for the purposes of targeted advertising, profiling or sale. is defined in the OCPA text as personal data that “reveals a consumer’s racial or ethnic background, national origin, religious beliefs, mental or physical condition or diagnosis, sexual orientation, status as transgender or nonbinary, status as a victim of crime or citizenship or immigration status”. The definition also covers geolocation data that could be used to accurately identify the present or past location of a consumer or their device within a 1,750 feet radius; or genetic or biometric data. Right not to be discriminated against for exercising OCPA consumer rights. Prohibited discrimination activities listed in the Act include: “denying goods or services, charging different prices or rates for goods or services or providing a different level of quality or selection of goods or services to the consumer”. Coming in 2026: Opt-out preference signals must be honored Consumers who want to exercise these rights will mainly need to submit requests to each controller individually, which can be time consuming. Parents and legal guardians can exercise these rights on behalf of their child/ren under the age of 13. However, from January 1, 2026, the right to opt out will be easier for Oregon consumers, as from that date organizations must recognize and honor opt-out preferences sent via a universal opt-out signal. The Oregon Consumer Privacy Act rules for opt-out signals state: “A consumer may designate another person to serve as the consumer’s authorized agent and act on the consumer ’s behalf to opt out of the processing of the consumer’s personal data.” “The consumer may designate an authorized agent using a technology, including a link to an Internet website, an Internet browser setting or extension, or a global setting on an electronic device, that allows the consumer to indicate the consumer ’s intent to opt out of the processing.” By the time enforcement of this right begins there may be other methods alongside (GPC) for consumers to signal universal opt-out preferences. Global Privacy Control: Technical brief What is GPC? What laws mandate its use? Stay up to date on hundreds of global privacy laws, regulations, and standards. Does the Oregon Consumer Privacy Act apply to your organization? The OCPA applies to any person and organization that: Conducts business in Oregon; or Provides products and/or services to residents of Oregon; During a calendar year controls or processes the personal data of either: 100,000 or more consumers (excluding data controlled or processed solely for payment transactions; or 25,000 or more consumers if the person or organization derives 25% or more of their annual gross revenue from selling personal data. Most nonprofit organizations operating in Oregon or serving Oregon’s citizens must comply with OCPA rules after July 1, 2025, if they meet the thresholds above. There are a few exemptions – see below. Organizations exempt from OCPA provisions Public corporations, including the Oregon Health and Science University and the Oregon State Bar. Some financial institutions – Unlike most other U.S. States that have introduced comprehensive consumer privacy laws – but like California – Oregon has a narrower exemption for financial institutions, which does not cover all organizations considered financial institutions under the U.S. federal Gramm-Leach-Bliley Act. Financial institutions defined in Oregon Revised Statute 706.008 are exempt, which mainly covers insured financial institutions, ‘extranational’ institutions (banks organized under the laws of a country other than the United States) and most types of credit unions. It also covers their affiliates or subsidiaries directly engaged in financial activities. Insurers and insurance consultants. Nonprofit organizations are established to detect and prevent insurance fraud. Non-commercial activity of media organizations – publications in general circulation and FCC-licensed radio and TV stations – and their employees (e.g. editors, publishers, reporters). Data exempted from OCPA rules Protected health information processed or documented by a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), including information used only for public health activities; and data protected under the Federal Policy for the Protection of Human Subjects. Employment and business relationship information about a person, when the personal information is solely processed or maintained for enabling employment or business relationships, such as employment applications, contracts with a business, receipts of benefits from an employer, business ownership or directorship. Credit reporting data covered by the Fair Credit Reporting Act. Data provided to comply with requests from federal, state or local law enforcement and legal authorities. Compliance with Oregon Data Privacy Law The Oregon Consumer Privacy Act requires controllers and processors to meet several shared obligations towards consumers’ personal information, including: Responding within 45 days to consumers’ privacy requests to exercise their rights under OCPA. Protecting consumers’ personal information with appropriate security measures to ensure confidentiality and integrity, and only allow access by authorized people for acceptable purposes. Conducting and documenting data protection assessments for processing activities that present a heightened risk of harm to a consumer, such as processing sensitive data or selling personal data. Documents of these assessments must be kept for at least five years. A processor must enter a contract with a controller to follow the controller’s instructions on the processing of personal information and to assist the controller in meeting its OCPA compliance requirements. Controllers are also required under OCPA to provide a reasonably accessible, clear and easy-to-understand Privacy Notice that describes: Categories of personal information it processes, including sensitive data; Express purposes for which the controller is collecting and processing personal information; Consumers’ privacy rights and how they can exercise those privacy rights, including descriptions of the method/s for submitting requests; Method (via conspicuous link) a consumer can exercise their right to opt-out from having their personal data processed for sale, targeted advertising or profiling; The appeal process if the controller refuses to act on a request; All categories of third parties with which the controller shares personal data, with enough detail that a consumer can understand the type of entity for each third party, and how each third party may process personal data; From July 1, 2026, controllers must also include information in their privacy notices about universal opt-out signal methods, such as a Global Privacy Control signal. Penalties for non-compliance with OCPA The Oregon Attorney General has the exclusive authority to enforce OCPA compliance and can serve investigative demands on people and organizations it determines are in violation of the Act. The AG can begin these investigations for violations up to five years after the date of the last alleged violation. Controllers served with notices of alleged violations will be allowed a 30-day cure period during the first two years of the Act being in effect (from July 1, 2024, if they are for profit; or July 1, 2025, if they are nonprofit). The cure period is due to expire on January 1, 2026. If a controller fails to cure a violation within 30 days, the Attorney General can then bring an action seeking a civil penalty of up to $7,500 per violation. TrustArc U.S. State data privacy resources TrustArc is committed to helping organizations understand and manage their compliance obligations for all existing and emerging U.S. state privacy laws. Evolution of US State Data Privacy Laws Guidance for the changing privacy landscape in the United States. Manage essential processes to achieve cookie compliance with state and international privacy laws. ==================================================================================================== URL: https://trustarc.com/resource/business-eu-us-data-privacy-framework-verification/ TITLE: Why Your Business Needs an EU-US Data Privacy Framework Verification | TrustArc TYPE: resource --- From Safe Harbor to Privacy Shield to what is now known as the EU-US Data Privacy Framework, personal data transfers between the European Union and the United States have been on a decades-long rollercoaster. Transferring personal data from the EU to the US has been more complicated and expensive since . A data transfer agreement to restore personal data flows between these economic regions is critical for healthy commerce, trade, and investment. Privacy professionals have been waiting patiently for an adequacy decision since March 2022, when a new agreement was announced EU-US Data Privacy Framework adequacy decision announced Now that the European Commission has adopted a positive adequacy decision for the EU-US Data Privacy Framework, companies can their participation in the data transfer mechanism as of Monday, July 17, 2023. The EU-US Data Privacy Framework (and UK extension) replaces Privacy Shield and regulates transatlantic data flow starting in July 2023. European entities that participate in the new framework are able to transfer personal data to participating companies in the United States without having to put in place additional data protection safeguards. If your company has been using another data transfer mechanism such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs), there are still benefits to participating in the Data Privacy Framework. Require Transfer Impact Assessments (TIA) May require supplementary measures Have to be negotiated in every contract Have to be updated for every new transfer The Data Privacy Framework will require no TIA or supplementary measures and will only need to be certified/verified/renewed once a year. New transfers will qualify under the existing mechanism. As a data transfer mechanism, the Data Privacy Framework will require fewer internal resources and is more affordable for small and medium businesses when compared to SCCs. How is the EU-US Data Privacy Framework different from Privacy Shield? The Court of Justice of the European Union (CJEU) overturned Privacy Shield due to U.S. government access to data, not because of commercial protection concerns. From a business perspective, the Data Privacy Framework is similar in many ways to the former agreement. But it addresses the surveillance concerns raised in the Schrems II decision as outlined in “Enhancing Safeguards for United States Signals Intelligence Activities.” Additionally, the U.S. has established a Data Protection Review Court (DPRC) to provide European individuals with a proper redress mechanism for qualifying complaints of violations of the United States law in relation to its intelligence activities. Therefore obligations for businesses that were previously Privacy Shield verified will be minimal. The Data Privacy Framework Program FAQ “the EU-U.S. DPF does not create new substantive obligations for participating organizations with regards to protecting EU personal data. The privacy principles and the process to initially self-certify and annually re-certify remain substantively the same.“ The primary action for organizations will be to clarify privacy notices for EU individuals and to confirm notices contain all disclosures required under the Data Privacy Framework notice principle. If your data processing agreements with third parties reference Privacy Shield, these agreements should be updated to instead reference the Data Privacy Framework. aren’t satisfied with the new agreement for EU-US data transfers. “We now had ‘Harbors’, ‘Umbrellas’, ‘Shields’ and ‘Frameworks’ – but no substantial change in US surveillance law. The press statements of today are almost a literal copy of the ones from the past 23 years. Just announcing that something is ‘new’, ‘robust’ or ‘effective’ does not cut it before the Court of Justice. We would need changes in US surveillance law to make this work – and we simply don’t have it.” Schrems also explains there are various options for a challenge to the new framework and expects that it will be back at the Court of Justice “by the beginning of next year.” Yet, when Alex Greenstein, Director of Privacy Shield | Data Privacy Framework at the FTC was asked about another Schrems court challenge , he expressed that the FTC and the European Commission believe they’ve addressed those concerns raised in the Schrems II decision. For now, this current framework restores an important legal basis for transatlantic data flows and participation in the digital economy to expand economic opportunities. And in case the past is any indication, it took four years for the CJEU to examine the Privacy Shield challenge. Experts expect it will take two to three years before an EU-U.S. Data Privacy Framework CJEU examination. Getting a Data Privacy Framework Verification Companies must meet strict requirements to protect Europeans’ personal data under the new framework. Key Requirements for Participating Organizations Inform individuals about data processing Provide free and accessible dispute resolution Cooperate with the U.S. Department of Commerce (DoC) Maintain data integrity and purpose limitation Ensure accountability for data transferred to third parties Transparency related to enforcement actions Ensure commitments are kept as long as data is held For organizations that didn’t withdraw from Privacy Shield, there’s a three month grace period to update company policies to reflect the new Data Privacy Framework. This grace period provides the FTC with continuous coverage to enforce companies’ commitments to Privacy Shield. Your Privacy Shield and Data Privacy Framework certification renewal date won’t change. EU-U.S. and Swiss-U.S. Privacy Framework and UK Extension to the EU-U.S. and/or the Swiss-U.S. Data Privacy Framework Verification Program Assessment Criteria: Swiss-U.S. Data Privacy Framework and The UK Extension Participation in either the EU-U.S. or Swiss-U.S. Data Privacy Frameworks also enables participating organizations to participate in the UK Extension to the EU-U.S. Data Privacy Framework to enable data transfers from the UK to the U.S. While organizations can prepare for the Swiss-U.S. Data Privacy Framework and the UK extension now, data transfer benefits under those frameworks aren’t available until each country presents an adequacy decision for the U.S. TrustArc makes our Privacy Shield compliance process easy and straightforward. Darren D., Chief Information Security Officer Why use TRUSTe vs. self-certification? Data Privacy Framework Verification and seal is the simplest, most reliable, and cost-effective way to ensure EU-U.S. personal data transfer compliance. The verification provides a robust demonstration that you’ve met the obligations of the DoC and European Commission. The public seal shows consumers and trade partners your standard of compliance. Meaning you will not need to implement complicated supplementary measures. Certification is administered by the U.S. DoC, which processes applications for certifications and monitors whether participating companies continue to meet the certification requirements. Compliance with the framework will be enforced by the U.S. FTC. The TRUSTe verification process helps companies prepare for self-certification with the DoC and provides accountability oversight. Your company can self-certify with confidence knowing TRUSTe, as an Accountability Agent, has verified that your organization meets the Data Privacy Framework principles with the appropriate data protection measures in place. Optionally companies can also use TRUSTe services for dispute resolution ( independent redress mechanism The TRUSTe Assurance process Understand your data policies and practices through a privacy analysis. Answer questions aligned with the requirements to ensure compliance with the framework principles. Receive a gap analysis and action plan including written guidance on compliance posture and remediation recommendations to achieve compliance. Remediation and verification: Collect, compile, or generate documents or processes to demonstrate compliance. Privacy notice review and seal assurance: TRUSTe serves as your verification agent for your U.S. Department of Commerce filing, including a TRUSTe-reviewed Privacy Notice, Letter of Attestation, and a seal for public posting. Ongoing monitoring and guidance: Ongoing compliance monitoring and dispute resolution provide privacy expertise for your business. Documentation and an audit trail are available in case it’s needed. ==================================================================================================== URL: https://trustarc.com/resource/china-cross-border-transfer-rules/ TITLE: China Cross-Border Transfer Rules | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/eight-steps-privacy-program-management/ TITLE: Eight Steps to Privacy Program Management | TrustArc TYPE: resource --- Eight Steps to Privacy Program Management Unlock executive buy-in: Eight steps to a winning privacy program Welcome to the Privacy PowerUp Series – designed to help professionals master the privacy essentials. This is infographic number nine of ten in the series. With privacy ranked as a top organizational risk for 93% of companies, this guide outlines a clear path to mitigate risks and secure executive buy-in. Learn how to align privacy initiatives with business goals, identify key evangelists, categorize data processing activities, and present compelling data-driven stories to leadership. Download the infographic to explore actionable steps that will empower your privacy efforts and ensure business continuity. ==================================================================================================== URL: https://trustarc.com/resource/washington-my-health-my-data-act-implications/ TITLE: Washington My Health My Data Act: Implications | TrustArc TYPE: resource --- was signed into law on April 27, 2023, by Governor Jay Inslee. The Act is designed to deliver stronger protections of personal information in health data and close a gap for health data not covered by The effective dates for the Act are based on the size of an organization: March 31, 2024 – large businesses June 30, 2024 – small businesses (see below for more information on the thresholds for organizations to be defined as ‘small businesses’) As the Act includes broad definitions for ‘consumer,’ ‘regulated entity,’ and ‘consumer health data,’ its impact will expand well beyond Washington State. Which organizations are covered by the Washington My Health My Data Act? Some of the definitions in the Act are so broad they could cover a wide range of organizations well beyond the traditional healthcare sector. The text specifically calls out organizations that aren’t already covered entities or business associates under HIPAA in Section 2, noting that while “ Washingtonians expect their health data to be protected by privacy laws such as HIPAA,” the legislature in the State has deemed some personal health information isn’t adequately protected due to of health data and covered entities: “However, HIPAA only covers health data collected by specific health care entities, including most health care providers. Health data collected by noncovered entities, including certain apps and websites, are not afforded the same protections.” Arguably, the Washington My Health My Data Act is effectively a wide-reaching data privacy act in all but name, as the very next section in the text – Section 3(23) – broadly defines a “Regulated entity” as any legal entity that: (a) Conducts business in Washington, or produces or provides products or services that are targeted to consumers in Washington; and (b) Alone or jointly with others, determines the purpose and means of collecting, processing, sharing, or selling of consumer health data. By the definitions above, some small businesses are defined as ‘regulated entities’ if they collect, process, sell or share consumer health data. The thresholds allowing them to be defined as ‘small businesses’ are determined by the number of consumers they deal with: less than 100,000 consumers’ personal health information collected, processed, sold or shared in a calendar year; or less than 25,000 consumers’ personal health information controlled, processed, sold or shared – and the organization derives less than 50 per cent of its gross revenue from collecting, processing, selling or sharing consumer health information. Which organizations are excluded? The exclusions are outlined in Sec 3 (23, b): “Regulated entity” does not mean government agencies, tribal nations, or contracted service providers when processing consumer health data on behalf of the government agency. Although it is clear the intent of Washington’s My Health My Data Act is to target “certain apps and websites” , it is not clear which other kinds of organizations might be in scope further along the data collection chain. The text contains multiple mentions of “affiliates, processors, contractors and third parties with whom the regulated entity or the small business has shared consumer health data” , which suggests organizations processing consumer health data at any stage could be in scope. But this could also cover the Washington presences of cloud hosting providers like Amazon and Microsoft, which deliver online services on behalf of a huge range of health-related websites, apps and devices. It could also cover a big range of other technology vendors with a Washington presence. Therefore, we strongly recommend your organization gets advice on how the Act might apply to your data management activities. Commentary: My Health My Data could trigger waves of litigation TrustArc lawyer Andrew Scott notes Washington’s My Health My Data Act has profound implications for organizations of all sizes, particularly those that have not had to comply with HIPAA: Do not assume the Act does not apply to your organization – “In an effort to protect non-HIPAA-covered consumer health data (such as data from popular apps and wearable devices) and reproductive health care data, the law will impact a very wide range of companies and consumers within and outside Washington State – consumers in any State or even in the EU could have rights under the Act.” The definition of ‘consumer health data’ is very broad – “Consumer health data under the Act is personal information that identifies the consumer’s past, present, or future physical or mental health status – and though it excludes data collected by HIPAA, it includes 13 non-exhaustive categories of health and health-related data, with specific callouts for cookies, IP addresses, device IDs and other types of unique identifiers. It is much more than a health law: it’s arguably more sweeping and prescriptive, which makes it the most consequential State law since CCPA.” Get compliance and legal advice well before the Act takes effect – “A Private Right of Action is provided by Washington’s Consumer Protection Act for any violation of the My Health My Data Act. This makes it scope much broader than CCPA, which only provides a Private Right of Action for individuals after a data breach. The people of Washington see privacy as a fundamental right – and unlike some other State laws, My Health My Data is very plaintiff friendly.” My Health, My Data, My Goodness – The new WA law Read the accompanying article in this series: Washington My Health My Data Act ==================================================================================================== URL: https://trustarc.com/resource/montana-consumer-data-privacy-act-background/ TITLE: Background Brief: Montana Consumer Data Privacy Act | TrustArc TYPE: resource --- Privacy advocates including several politicians (notably ) in Montana have campaigned for many years to introduce a raft of laws designed to shield citizens from intrusive uses of digital technologies [See key dates below]. On May 19, 2023, Montana Governor Greg Gianforte signed the state’s comprehensive data privacy law – the Montana Consumer Data Privacy Act – which is effective from October 1, 2024. Montana’s data privacy law includes a provision requiring covered entities to process consumers’ opt-out preference signals via universal opt-out mechanisms by no later than January 1, 2025. Key dates: Montana data privacy laws May 6, 2013 – Montana becomes the first state with a requiring a government entity (e.g. police) to get a warrant before they can obtain location information of an electronic device, five years before the U.S. Supreme Court passed a similar judgment. April 19, 2019 – Montana citizens gain the right to opt-out from having their (which includes their home address) shared or sold by energy utilities. May 7, 2019 – Montana becomes one of the first two states (the other is Maryland) to revise warrant requirements for DNA search results with a ruling that government entities must get a warrant before searching DNA databases. November 8, 2021 – 82.33% of voting citizens in Montana support an amendment to the state constitution to explicitly include electronic data and communications in search and seizure protections, requiring government entities to obtain a warrant first. February 16, 2023 – Montana Senator Daniel Zolnikov tables (SB 384) with the title “Generally revise consumer privacy laws”, aiming to establish a new consumer data privacy act in the state that builds on his previous privacy policy proposals, many of which appear in this timeline. The Senate conducts its first reading of the bill the next day. March 15, 2023 – Montana’s House of Representatives conducts the first reading of SB 384 and refers it to a hearing by the committee for Energy, Technology and Federal Relations. May 11, 2023 – SB 384 (Montana Consumer Data Privacy Act) is passed in the House and signed by the Speaker. May 19, 2023 – SB 384 is passed by senators and signed by the President of the Senate. May 19, 2023 – Montana Governor Greg Gianforte signs the Montana Consumer Data Privacy Act . Sen Daniel Zolnikov says in an interview published by “We should be in charge of our information, and we should be able to decide who we share it with and who they share it with. And that’s it.” June 7, 2023 – Montana Governor Greg Gianforte signs the state’s Genetic Information Privacy Act , which covers not only DNA but also some forms of self-reported health information, making it the most protective consumer genetic privacy law in the United States. It became effective on October 1, 2023. June 29, 2023 – Montana’s Governor signs into law the Facial Recognition for Government Act , which prohibits continuous facial surveillance or facial identification by state and local government agencies. It becomes effective on the same day. October 1, 2024 – Montana Consumer Data Privacy Act goes into force. January 1, 2025 – effective deadline for entities covered by Montana’s consumer data privacy law to honor consumer’s opt-out preferences transmitted via universal opt-out mechanisms. Montana Data Privacy Law consumer rights Montana Consumer Data Privacy Act “an individual who is a resident of this state” excludes citizens of Montana “individual acting in a commercial or employment context or as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government agency whose communications or transactions with the controller occur solely within the context of that individual’s role” with the above listed categories of organizations. Montana’s privacy law defines ‘personal data’ like most other U.S. state privacy laws as “any information that is linked or reasonably linkable to an identified or identifiable individual” “the term does not include deidentified data or publicly available information”. Under the Act Montana’s citizens gain the following personal data privacy rights: Right to confirm (right to know) when a controller is processing their personal data. However, controllers are allowed to not honor such requests for confirmation or access to personal data records if the activity “would require the controller to reveal a trade secret”. Right to correct inaccuracies in records of personal data. Exercising this right involves “considering the nature of the personal data and the purposes of the processing of the consumer’s personal data”. records of their personal data held by a controller. of their personal data previously given to the controller, which must also honor the consumer’s right to portability of this copy of their data record. Controllers must honor such requests “to the extent technically feasible” , by providing the copy of the record in a “readily usable format that allows the consumer to transmit the personal data to another controller without hindrance when the processing is carried out by automated means, provided the controller is not required to reveal any trade secret”. t from having their personal data processed for sale or for the purposes of targeted advertising or profiling. The right to opt-out from profiling protects consumers from having their data used as part of “solely automated decisions that produce legal or similarly significant effects concerning the consumer”. Right to non-discrimination for exercising personal data privacy rights. Discrimination is defined as “denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services to the consumer”. Right not to have sensitive personal information processed if the consumer has not consented for the controller to do so. In the case of a known child (an individual under 13 years of age) any personal data relating to a child is defined as sensitive data and controllers must abide by the laws in the Children’s Online Privacy Protection Act 1998 (COPPA) Under the Montana Consumer Data Privacy Act sensitive data is defined as information that reveals a person’s: Mental or physical health condition or diagnosis Sexual orientation (as well as information about a person’s sex life) Citizenship or immigration status Genetic or biometric data for the purpose of uniquely identifying an individual “information derived from technology that directly identifies the specific location of an individual with precision and accuracy within a radius of 1750 feet” Consumers can exercise their rights under Montana’s privacy law by submitting a request to a controller through a secure and reliable mechanism which allows the controller to verify their identity. A parent or legal guardian of a known child can exercise the child’s rights under the privacy law on their behalf. No later than January 1, 2025: Global Privacy Controls must be honored Organizations subject to the Montana Consumer Data Privacy Act have until January 1, 2025 – three months from the effective date of the Act (October 1, 2024) – to comply with rules relating to Global Privacy Control (GPC) signals. The Act’s GPC provision allows consumers to designate an authorized agent to act on their behalf and signal opt-outs preventing processing of their personal data for the purposes of targeted advertising, sale or profiling. The rule states designation of opt-outs to an authorized agent can be “by way of a technology, including but not limited to an internet link or a browser setting, browser extension, or global device setting indicating a customer’s intent to opt out of such processing.” Global Privacy Control: Technical brief What is GPC? What laws mandate its use? Manage essential processes to achieve cookie compliance with state and international privacy laws. Which organizations are subject to the Montana Consumer Data Privacy Act? Montana’s data privacy law applies to any person or organization that: Conducts business in Montana; or Produces products or services that are targeted to residents of Montana;and Controls or processes the personal data of: 50,000 or more consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or 25,000 or more consumers and derives more than 25% of gross revenue from the sale of personal data. Unlike several other U.S. states’ data privacy laws, Montana’s consumer data privacy law does not have a revenue threshold for organizations to be subject to its obligations. Organizations exempt from Montana Data Privacy Law obligations Data exempted from Montana Consumer Privacy Law provisions Complying with the Montana Consumer Data Privacy Act Under Montana’s data privacy law, controllers must: Limit the collection of personal data to only what is adequate, relevant and reasonably necessary to carry out the purposes disclosed to consumers; Establish, implement and maintain reasonable security practices to “protect the confidentiality, integrity, and accessibility of personal data appropriate to the volume and nature of the personal data at issue”; Provide an effective mechanism for consumers to revoke their consent that is at least as easy to use as the mechanism they used to give consent – and when a consumer revokes their consent, stop processing their personal data within 45 days of receiving the request; Gain a consumer’s consent (opt-in) before processing: – sensitive personal data; and/or – personal data for the purposes of targeted advertising or sale (including personal data of known young people aged between 13 and 16); Not process sensitive personal information concerning a child (under age 13) – unless in compliance with COPPA; Not discriminate against a consumer for exercising any of their consumer rights; Respond to a consumer’s request to exercise their rights under the Act within 45 days; Publish a privacy notice that is reasonably accessible, clear and meaningful; Conduct and document data protection assessments for processing activities that present heightened risks of harm to consumers. Data processors must follow all instructions from a controller and help them meet their compliance obligations, including: Responding to consumer rights requests; Securing data during processing and if there is a security breach of the processor’s system, complying with rules for notifying such breaches; Entering a binding contract with a controller that governs the processor’s data processing procedures performed on behalf of the controller, (and require any subcontractor to enter a similar contract) including: – instructions for processing data; – nature and purpose of processing; – type of data subject to processing and duration of processing; – rights and obligations of both parties; – ensuring confidentiality of personal data is complied with by each person processing personal data; – at the controller’s direction, deleting or returning all requested personal data at the end of the contract (unless retention of the personal data is required by law); – complying with reasonable requests from the controller to provide all information necessary to demonstrate the processor’s compliance with the Act; and – cooperating with reasonable compliance assessments by the controller (or designated assessor). Privacy notice requirements under Montana Data Privacy Law A controller’s privacy notice must include: List of categories of personal data processed by the controller; List of purpose/s for processing personal data; List of categories of personal data that may be shared by the controller with third parties – and the categories of these third parties; A mechanism for consumers to contact the controller, such as a link to an active email address; Information about how consumers can exercise their rights under Montana’s data privacy law, including details of how consumers can appeal a controller’s decision about such a request; and One or more secure and reliable means for consumers to submit a request to exercise their rights under the Act. Note: any form or other method for submitting a request must be secure and reliable, it must consider the ways consumers normally interact with the controller, and it must allow the controller to verify a consumer’s identity. Enforcement of Montana Consumer Data Privacy Act The Montana Attorney General has exclusive authority to enforce violations of the Montana Consumer Data Privacy Act. Consumers do not have a private right of action but can report alleged violations to the AG’s office. Before beginning any action against a controller alleged to have violated the Act, the AG will issue a notice of violation to a controller detailing the activities/incidents that are not compliant. Until April 1, 2026, a 60-day cure period applies for alleged violations of the Act. If controllers do not correct violations during this timeframe the AG may begin legal action. After this date, the AG may initiate legal actions for alleged violations immediately. Note: unlike other U.S. state data privacy laws, the text of the Montana Consumer Data Privacy Act does not mention the cost of fines, nor other penalties. Stay up to date on hundreds of global privacy laws, regulations, and standards. Automate your compliance program Use PrivacyCentral to streamline privacy compliance across all relevant jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/tennessee-information-protection-act-background-brief/ TITLE: Background Brief: Tennessee Information Protection Act | TrustArc TYPE: resource --- Tennessee legislators gave businesses more than two years to prepare for compliance with the Tennessee Information Protection Act in one of the longest lead times between a comprehensive consumer data privacy law passing and becoming enforceable. Governor Bill Lee signed the Act into law on May 11, 2023, and it is effective from July 1, 2025. The name of the Act offers a clue-by-omission of the word ‘consumer’, indicating this privacy law, compared to other privacy laws in states such as California and Colorado, is more business-friendly. It doesn’t cover fairly common consumer data rights, such as support of universal opt-out mechanisms (e.g. Global Privacy Control) and where it does offer opt-out from sale or targeted advertising the caveats allow companies to continue serving most cookies used for targeted ads. Key dates: Tennessee Data Privacy Law , “Tennessee Information Protection Act”, is introduced to the Tennessee Senate and passed on First Consideration. , a cross-filing of SB73, is introduced in Tennessee’s House of Representatives. It is then assigned to the subcommittee for Banking & Commerce on February 7, 2023. March 10, 2023 – SB73 is sent to the Senate Committee for Commerce and Law. March 21, 2023 – Tennessee’s Senators vote 9-0 to recommend passage of the Information Protection Act. April 10, 2023 – Tennessee’s Representatives unanimously vote 90-0 in favor of the bill. May 5, 2023 – Tennessee’s House of Representatives transmits the bill to the Governor for signing. May 11, 2023 – Governor Bill Lee signs the Tennessee Information Protection Act into law. May 12, 2023 – Consumer Reports, a consumer rights advocacy group headquartered in New York, issues a media release calling on Tennessee to improve the new privacy law for consumers “includes numerous loopholes that undercut its protections”. Matt Schwartz, policy analyst at Consumer Reports, is quoted as saying: “The definitions of sale and targeted advertising, as well as the pseudonymous data exemption and enforcement framework, should all be reworked to provide Tennessee consumers the protections they deserve. Aside from that, privacy legislation, at a minimum, should include an easy way to opt-out of data sales and tracking, such as through a universal opt-out mechanism.” May 2, 2024 – Governor Lee signs the state’s Protecting Children from Social Media Act , which requires social media companies to prohibit children from becoming or continuing as account holders unless they get verified and express consent from their parents. July 1, 2025 – The Tennessee Information Protection Act becomes enforceable. Tennessee consumer rights: Personal data Tennessee Information Protection Act “a natural person who is a resident of this state acting only in a personal context”. Like several other U.S. States’ data privacy laws, the definition excludes “a natural person acting in a commercial or employment context”. Personal information is also similarly defined as it is in other states’ data privacy laws as “information that is linked or reasonably linkable to an identified or identifiable natural person”. The text of the Act notes it “does not cover publicly available information or de-identified or aggregate consumer information”. Tennessee’s data privacy law does not support a universal opt-out mechanism. It also requires consumers to contact each controller individually to exercise their rights. Parents and legal guardians can exercise these rights on behalf of their children. In each case, the person making the request must be authenticated by the controller. The personal information rights of consumers in Tennessee are: Right to confirm (right to know) whether a controller is processing their personal information. the personal information about them held by a controller. Right to correct inaccuracies in their personal information. When processing such requests controllers are required to consider the nature of the personal information and the purposes of the processing of the consumer’s personal information. personal information they have provided or has been obtained about them. The Act states a controller is “not required to delete information that it maintains or uses as aggregate or de-identified data; provided, that such data in the possession of the controller is not linked to a specific consumer”. Right to obtain a copy (portability) of the personal information that the consumer previously provided to the controller. When honoring these requests controllers must provide a copy of the data in a “portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means”. from having their personal information processed by a controller to sell that information to a third party, targeted advertising or “profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer”. From July 1, 2025, when Tennessee’s data privacy law goes into force, controllers must respond to authenticated consumers’ requests within 45 days, although this timeframe can be extended by another 45 days ‘when reasonably necessary’, based on the complexity and number of the consumer’s personal information rights requests. A controller must still inform the consumer of the extension within the initial 45-day period and provide them with a reason for the extension. A consumer can make requests to exercise their personal information rights up to twice each year for each controller and a controller cannot charge them to provide this information on these two occasions each year. However, a controller can charge an administrative fee to process these requests from a consumer, or deny these requests, if the controller can show the requests are “manifestly unfounded, technically infeasible, excessive, or repetitive”. The burden of proof in these cases is on the controller. The Act also prohibits controllers from discriminating against consumers for exercising their personal information rights protected in the law, which means controllers cannot deny goods or services, charge different prices or rates for goods or services, or provide a different level of quality of goods and services to the consumer. However, the Act states it “does not require a controller to provide a product or service that requires the personal information of a consumer that the controller does not collect or maintain, or prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee”. Sensitive personal information Although not directly listed under consumers’ rights in the text of the Act, sensitive personal information is protected under ‘data controller responsibilities’, which restricts controllers from processing “sensitive data concerning a consumer without obtaining the consumer’s consent, or, in the case of the processing of sensitive data concerning a known child, without processing the data in accordance with the federal Children’s Online Privacy Protection Act (COPPA) and its implementing regulations”. The Tennessee Information Protection Act defines as a category of information that includes personal information revealing: Mental or physical health diagnosis Citizenship or immigration status The definition also covers: Processing of genetic or biometric data that is processed for the purpose of uniquely identifying a natural person Personal information collected from a known child Precise geolocation data (defined as “information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 fifty feet and not include the content of communications or data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility”. Does the Tennessee Information Protection Law apply to your organization? The scope of the Tennessee Information Protection Act covers anyone that conducts business in the state by “producing products or services that target residents” Earns more than $25 million in revenue Controls or processes personal information of at least 25,000 consumers and derives more than 50% of gross revenue from the sale of personal information During a calendar year controls or processes personal information of at least 175,000 consumers. Exempted organizations under Tennessee’s Information Protection Act Tennessee’s data protection law does not apply to the following types of organizations: A body, authority, board, bureau, commission, district or agency of Tennessee or a political subdivision of the state; Financial institutions, their affiliates or data subject to the Insurance businesses, including individuals, firms, associations, corporations or other entities licensed in Tennessee under Title 56; Covered entities or business associates governed by the privacy, security and breach notification rules of the federal Health Insurance Portability and Accountability Act (HIPAA) Health Information Technology for Economic and Clinical Health Act (HITECH) Institutions of higher education; Controllers and processors that comply with the verifiable parental consent requirements of the federal Children’s Online Privacy Protection Act 1998 (COPPA) are deemed compliant with an obligation to obtain parental consent. Data exempted from provisions of Tennessee Information Protection Act Tennessee’s data protection law also includes exemptions from its provisions for the following categories of data: Protected health information under HIPAA, including deidentified information; Health records for purposes of title 68; Patient identifying information for purposes of 42 U.S.C. ( Health Care Quality Improvement Act Personal information processed or sold as part of research conducted in accordance with the federal policy for the protection of human subjects ( ; human subjects research conducted in accordance with good clinical practice guidelines issued by The International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use; or research conducted in accordance with the protection of human subjects ( Information and documents created for purposes of the federal Health Care Quality Improvement Act Patient safety work product for purposes of the federal federal Patient Safety and Quality Improvement Act Information collected, maintained, disclosed, sold, communicated or use of personal information under the regulations of the federal Fair Credit Reporting Act Personal information collected, processed, sold or disclosed in compliance with the federal Driver’s Privacy Protection Act Personal information or educational information regulated by the federal Family Educational Rights and Privacy Act Personal information collected, processed, sold or disclosed in compliance with the federal Personal data used in accordance with the federal Children’s Online Privacy Protection Act 1998 (COPPA); Personal data that is processed or maintained within an employment or business content, including emergency contact information and administering their benefits for another person; Information collected as part of public-reviewed or peer-reviewed scientific or statistical research in the public interest; Personal information maintained or used for purposes of compliance with the regulation of listed chemicals under the federal Controlled Substances Act Compliance with Tennessee Data Protection Act Data controllers have the following responsibilities under the Act: – the collection of personal information must be limited to what is “adequate, relevant and reasonably necessary” in relation to the purposes disclosed to the consumer; – personal information cannot be processed for any purpose “beyond what is reasonably necessary to and compatible with the purposes” disclosed to the consumer unless the consumer gives consent to these other purposes; – “establish, implement and maintain reasonable administrative, technical and physical data security practices” to protect the confidentiality, integrity, and accessibility of personal information. These security practices must be appropriate to the volume and nature of the personal information processed. Controllers must also conduct and document data protection assessments for processing activities where personal information is sold, or used for targeted advertising or profiling; Comply with state and federal discrimination laws – personal information cannot be processed in violation of state and federal laws that prohibit unlawful discrimination against consumers (see the Consumer Rights section about non-discrimination above); Sensitive personal information – such information cannot be processed without a consumer’s consent (see the Sensitive Personal Information section above); – the Privacy Notice must be reasonably accessible, clear and meaningful (see below). Privacy notice requirements under Tennessee law Controllers must provide a Privacy Notice that includes the following information: Categories of personal information processed by the controller; Purpose/s for processing personal information; How consumers can exercise their consumer rights, including instructions on submitting a request to exercise these rights via a secure and reliable method that allows the controller to authenticate the identity of the consumer; How a consumer can appeal a controller’s decision to their personal information rights request; Categories of personal information the controller sells to third parties (if any), and the categories of those third parties; Clear disclosure if the controller sells personal information to third parties or processes personal information for targeted advertising, along with instructions on how a consumer can exercise their right to opt out from such processing. Processor responsibilities Controllers and processors must enter binding contracts that include clear instructions for: Processing personal data; Nature and purpose of the processing; Type of data subject to processing; Duration of the processing; and Rights and responsibilities of both parties. Adhere to the controller’s instructions; Assist the controller in meeting its obligations, including responding to consumer rights requests; Ensure each person processing personal data is subject to a duty of confidentiality concerning the data, and engage subcontractors under written contracts that ensure they meet the processor’s obligations concerning personal information; Comply with the controller’s direction to delete or return all personal information to the controller at the end of the provision of services, unless retention of the personal information is required by law; Comply with a reasonable request from the controller to prove compliance with the Act by making available to the controller all necessary information in its possession; Cooperate with reasonable compliance assessments by the controller or a designated assessor, or a qualified and independent assessor arranged by the processor. Tennessee Information Protection Act enforcement The Tennessee Attorney General and reporter have the exclusive authority to enforce the Act. Consumers do not have a private right of action. The AG and reporter can initiate action if a controller or processor is suspected to have violated or is about to violate the Tennessee Information Protection Act, either through the AG and reporter’s own inquiry or based on consumer or public complaints. Before initiating action, the AG must give a controller or processor 60 days’ written notice, which specifies the violation/s. Action will not proceed if the alleged violator cures the noticed violation and provides the AG with a written statement detailing how it is achieved compliance. If the violation isn’t satisfactorily cured after 60 days the AG can bring a court action for preliminary or permanent injunctions to prevent further violation/s and compel compliance, and the AG can seek civil penalties. A court can impose a civil penalty of up to $15,000 for each violation. Stay up to date on hundreds of global privacy laws, regulations, and standards. Automate your compliance program Use PrivacyCentral to streamline privacy compliance across all relevant jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/iowa-consumer-data-protection-act-background/ TITLE: Background Brief: Iowa Consumer Data Protection Act | TrustArc TYPE: resource --- Iowa became the sixth U.S. state to enact a detailed consumer data privacy law when the Iowa Consumer Data Protection Act was signed into law by Governor Kim Reynolds on March 28, 2023. Effective from January 1, 2025, the Act gives the state’s citizens personal data privacy and protection rights as individuals but not in their employment or business contexts. Unlike similar legislation in other states, Iowa’s data protection law does not include a provision requiring data controllers to honor universal opt-out signals, such as Global Privacy Control (GPC) Key dates: Iowa Consumer Data Privacy Law October 2000 – Iowa Governor Thomas Vilsack commissions the Iowa Privacy Task Force to focus on the privacy of Iowans’ health and financial information. The group begins polling citizens about their concerns. Iowa Privacy Task Force publishes its final report , which includes a set of privacy principles for Iowans’ sensitive financial and health information that aim to build on protections granted by federal legislation such as the . Notably, principle 5 states: “Individuals should have a reasonable right to access their personally identifiable health or financial information held by covered entities and the right to request corrections of inaccurate health or financial information”. February 8, 2022 – A subcommittee meeting of the Iowa House Committee on Information Technology introduces : “A bill for an act relating to consumer data protection, providing civil penalties and including effective date provisions”. March 14, 2022 – The Iowa House Committee on Information Technology introduces House File 2506, an update on the consumer data protection bill. It is read for the first time in the House the next day. January 12, 2023 – The Bill now known as House Study Bill 12 is introduced to Iowa’s House and referred to the committee for Economic Growth and Technology. January 23, 2023 – Iowa’s consumer data privacy bill is introduced to the Senate (Senate Study Bill 1071) and referred to the Committee on Technology. February 13, 2023 – The Bill is introduced as Senate File 262 by the Committee on Technology and placed on the calendar. A committee report approving the bill is filed on the same day. March 6, 2023 – Iowa senators all vote in favor (47–0) to pass the consumer data privacy Bill. March 15, 2023 – Iowa’s House of Representatives members vote unanimously (97–0) to pass the Bill, sending it to the Governor for signing. March 28, 2023 – Iowa Governor Kim Reynolds signs the Consumer Data Protection Act into law. “In our digital age, it’s never been more important to state, clearly and unmistakably, that consumers deserve a reasonable level of transparency and control over their personal data,” says Governor Reynolds in a media release on Tuesday March 28, 2023 “That’s exactly what this bill does, making Iowa just the sixth state to provide this kind of comprehensive protection.” January 1, 2025 – Iowa’s Consumer Data Protection Act goes into effect. Consumer rights under the Iowa Consumer Data Protection Act The definition of a consumer under the Iowa Consumer Data Protection Act is “a natural person who is a resident of the state acting only in an individual or household context and excluding a natural person acting in a commercial or employment context”. In this regard, the exclusion of Iowans’ personal data at work or in business follows similar states’ data privacy legislation. Personal data is also defined almost word-for-word the same as it is in other U.S. state privacy laws, with the same caveats: “‘Personal data’ means any information that is linked or reasonably linkable to an identified or identifiable natural person. ‘Personal data’ does not include de-identified or aggregate data or publicly available information.” Consumers in Iowa now have the following data privacy and protection rights, which they can exercise as ‘an authenticated consumer’ (or as an authenticated parent or legal guardian of a child) by sending a request to a controller: Right to confirm / right to know whether their personal data is being processed by a controller and what personal data is held. A caveat for this right is mentioned in Section 7, Limitations: “This chapter shall not require a controller, processor, third party, or consumer to disclose trade secrets”. their personal data they’ve previously provided to the controller. Right to portability / obtain a copy of their personal data they’ve previously provided to the controller in a format that is “to the extent technically practicable”, readily usable and allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means. An exception is when that personal information is subject to security breach protection. Controllers are required to respond within 90 days to consumers’ requests to exercise their rights under the Act. Any information provided by a controller to a consumer under these rights must be provided at no cost to the consumer, up to twice in a year per consumer. Controllers are not required to comply with requests from consumers they cannot reasonably authenticate. Unlike many other states’ data protection regulations, Iowa’s privacy law does not include the consumer right to correct inaccuracies in records of personal data. It also does not require controllers to get opt-in consent from consumers to collect and process sensitive data but they must give consumers an opt-out choice – see below. And it does not include a consumer right to opt-out from profiling. Processing of sensitive data and non-discrimination Although not listed under consumer rights, Section 4 notes controllers are not permitted to collected from a consumer for a non-exempt purpose (see below) without first giving consumers a clear notice and an opt-out mechanism. All personal information collected from a known child is classified as ‘sensitive data’ and it must be processed in compliance with the Children’s Online Privacy Protection Act 1998 (COPPA) The Iowa Consumer Data Protection Act defines ‘sensitive data’ as information about a person’s: Mental or physical health condition or diagnosis Citizenship or immigration status Genetic or biometric data that is processed for the purpose of uniquely identifying a natural person “including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that identifies the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundred fifty feet.” However, the definition of ‘precise geolocation data’ does not include the content of communications or data generated by or connected to utility meters. Section 4 of the Act also states controllers cannot discriminate against consumers for exercising their rights (by “denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer.” Applicability: Businesses subject to Iowa data privacy legislation Iowa’s data privacy legislation applies to a person that: Conducts business in Iowa; or Produces products or services that are targeted to consumers who are residents of Iowa; and During a calendar year does either of the following: Controls or processes personal data of at least 100,000 consumers; Controls or processes personal data of at least 25,000 consumers and derives more than 50% of gross revenue from the sale of personal data. Montana’s Consumer Data Privacy Act there is no minimum revenue threshold for organizations, which means even very small businesses and sole traders are subject to Iowa’s data protection law if they meet other applicability criteria. Exemptions under the Iowa Consumer Data Protection Act The requirements of Iowa’s data protection law do not apply to: The state of Iowa or any political subdivisions of the state; Financial institutions, their affiliates or data subject to the People who are subjects to and must comply with two federal health Acts: Health Insurance Portability and Accountability Act (HIPAA) Information Technology for Economic and Clinical Health Act (HITECH); Nonprofit organizations; and Institutions of higher education. Information and data also exempt from the requirements of the Act includes: Controller compliance requirements under the Iowa Consumer Data Protection Act Under Iowa’s data protection legislation, controllers must: Comply with authenticated consumer requests to exercise their personal data rights within 90 days; Adopt and implement reasonable data security practices to protect the confidentiality, integrity and accessibility of personal data. These practices must be appropriate to the volume and nature of the personal data; Provide consumers with a clear notice and an opportunity to opt-out of the collection of their sensitive data (unless the data is exempt, as outlined above); Not process personal data in violation of state and federal laws that prohibit unlawful discrimination against a consumer; and Publish a reasonably accessible, clear and meaningful privacy notice. Iowa Data Privacy Law privacy notice requirements A privacy notice must include the following information: Categories of personal data processed by the controller; Categories of personal data shared by the controller with third parties, if any; and the categories of any third parties; Purpose for processing personal data; Instructions on how a consumer may exercise their consumer rights via a secure and reliable means that allows the controller to authenticate a consumer; Instructions on how a consumer can appeal a controller’s decision regarding a rights request; and Disclosure if the controller sells a consumer’s personal data to third parties or engages in targeted advertising – this information must be displayed in a clear notice and give consumers a means to opt-out from such activities. Processor compliance under Iowa’s data privacy law Processors must enter contracts with controllers and assist with meeting controller compliance obligations, such as responding to consumer rights requests and notification of data breaches. A contract between a processor and a controller must include: Instructions for processing personal data; Nature and purpose of the processing; Type/s of date subject to processing; Duration of the processing; Requirement for the processor to delete or return all personal data when directed to by the controller at the end of the contract, unless retention of the personal data is required by law; and Rights and responsibilities of both parties; Requirement for the processor to engage any subcontractors or agents with a written contract ensuring they meet the processor’s duties when processing personal data; Requirement for the processor to ensure each person processing personal data complies with data confidentiality and other compliance rules. Enforcement of Iowa data privacy legislation The Iowa Attorney General (AG) has exclusive authority to investigate and enforce violations of the Iowa Consumer Data Protection Act. There is no private right of action available. If the AG plans to initiate an action against a business for an alleged violation of the act, it must first give the business written notice and a 90 day cure period. After this time, the AG can pursue penalties of up to $7,500 per violation, regardless of whether the violation was found to be accidental or intentional. Stay up to date on hundreds of global privacy laws, regulations, and standards. Automate your compliance program Use PrivacyCentral to streamline privacy compliance across all relevant jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/california-age-appropriate-design-code-act/ TITLE: Understanding the California Age-Appropriate Design Code Act (AB-2273) | TrustArc TYPE: resource --- California continues to lead the way in the U.S. with laws designed to protect children’s privacy and safety rights by introducing the California Age-Appropriate Design Code Act (the CA Kids Code). The California Age-Appropriate Design Code Act text (Assembly Bill 2273) was unanimously agreed to and enacted in the Senate on August 30, 2022, and approved by the Governor of California, Gavin Newsom, on September 15, 2022. It will take effect on July 1, 2024 California’s new online privacy and safety law for children under the age of 18 is modeled on the UK Age-Appropriate Design Code, which became enforceable on September 2, 2021. As California is home to some of the world’s biggest technology and social media companies, which have already made changes under the UK code, the CA Kids Code is expected to have global influence. Like the UK code, it is designed to ensure technology companies proactively take a design-by-default approach to protect children’s privacy and safety when creating or updating online services, products, or features that children will likely access. Children’s Online Privacy Protection Act (COPPA) , which provides protections for children aged 13 or under, the CA Kids Code is designed to protect all children under 18 in California. The need to protect children from harm online – Especially on social media Technology companies use sophisticated methods to collect and analyze personal data, then use these insights to keep people engaged longer and influence their behavior. These data-driven activities certainly help big tech companies generate greater profit, but privacy advocates campaigning against big tech’s over-reach have also found that some activities can cause harm. For example, AI-driven activity recommendations can expose children to harmful content and advertising, nudge them into risky behaviors and potentially put them at risk of being contacted and/or located by predators. Groundswell against social media companies’ data management practices A damning report by international children’s digital rights advocacy organization 5Rights Foundation noted several privacy and safety risks for children using social media platforms, including: 75% of the most popular types of social media have been shown to recommend children’s profiles to strangers via AI suggestions One in three teenage girls’ body image issues were made worse by exposure to content on Instagram – and the company knew about it but did not act, according to leaked documents 6% of US teenagers link their suicide ideation directly to Instagram. April 2022 survey of nearly 1000 likely voters in California by Accountable Tech and Data for Progress found most people are very concerned for children’s safety online: 71% of likely California voters believe social media platforms are unsafe for children 84% believe the internet is generally unsafe for children 82% believe big technology companies must do more to protect children online. Act targets online services, products, or features likely to be accessed by children In its definitions of covered businesses, the California Age-Appropriate Design Code Act (AB-2273) extends beyond the reach of COPPA. COPPA focuses on operators of online services that are directed to children or have actual knowledge they are collecting information from children. California’s new Act legislates that businesses should “prioritize the privacy, safety, and wellbeing of children over commercial interests” when designing, developing, and providing online services, products, or features “likely to be accessed by children” under 18. Under the Act, covered businesses include any provider of an online service, product, or feature reasonably expected as likely to be accessed by children because: It is defined as directed to children by COPPA Competent and reliable evidence of its audience age demographics determines it is routinely accessed by a significant number of children Internal company research of its audience age demographics determines children represent a significant part of the audience It is substantially similar to or the same as an existing online service, product, or feature that children routinely access It displays ads marketed to children It has design elements that appeal to children, such as images of cartoon characters or celebrities, games, and music. The Act’s definition of online service, product, or feature does not mean a broadband internet access service or telecommunications service, nor the delivery or use of a physical product. Compliance obligations include data protection impact assessments The Act ultimately aims to ensure businesses mitigate and eliminate privacy and safety risks for children at the design stage of online services, products, or features – before children can access them. Data protection impact assessments are a key protective requirement that businesses must conduct and document for any new online service, product, or feature likely to be accessed by children before it is offered to the public. These assessments must also be maintained as long as the online service, product, or feature is available. In each data protection impact assessment, businesses must identify: The purpose of the service, product, or feature Whether it collects children’s personal information and how it uses this information The risks of harm to children that the data management practices of the business could cause. Under the Act, risks of harm include: Exposure to or subject to exploitation or other harmful conduct Exposure to ads or content that could cause harm, such as promoting activities that are risky or prohibited for children to participate in (such as gambling or consuming alcohol) Any design feature that aims to increase, sustain or extend the use of the online product, service, or feature by children, such as media autoplay features, notifications, or rewards for time spent Any content that could negatively impact children’s wellbeing. California Age-Appropriate Design Code compliance requirements Along with obligations such as data protection impact assessments, all covered businesses that allow an online service, product, or feature to be used by children must meet the following requirements: Estimate the age of child users with a reasonable level of certainty appropriate to the risks that arise from the business’s data management practices, or apply the privacy and data protections afforded to children to all users Automatically configure all default privacy settings for children to the highest level of privacy available unless the business can show a compelling reason that a different setting is in children’s best interests Prominently display privacy information, terms of service, policies, and community standards suited to the identified age group/s of children in the audience – and enforce those terms, policies, and community standards Give children an obvious signal they are being monitored or tracked if the online service, product, or feature allows parents, guardians, or any other consumers to monitor children’s online activity or track their location Help children exercise their privacy rights and report concerns with tools that are easy for them to find, access, and use; if applicable, make these tools available to children’s parents or guardians. Prohibited activities under the California Age-Appropriate Design Code Act Covered businesses are prohibited from taking any of the following actions: Profiling a child by default – there are some exceptions to this, but only when the profiling can be proven to be in the best interests of children and/or is necessary to provide requested online services, products, or features with which the child is actively and knowingly engaged. Using the personal information of any child in a harmful way – this includes any way that the business knows, or has reason to know, is materially detrimental to a child’s physical health, mental health, or wellbeing. Unnecessarily collecting, selling, sharing, or storing any personal information from or about a child – ‘necessary information’ must be proven to be needed to provide the online service, product, or feature. (Note: there are several rules with further restrictions on the collection and use of types of personal information, such as geolocation data.) Using dark patterns to lead or encourage children to forego privacy protections or take harmful action – includes any action that the business knows, or has reason to know, is materially detrimental to the child’s physical health, mental health, or wellbeing. New California Privacy Protection Agency law enforcement powers The California Privacy Protection Agency, formed under the California Consumer Privacy Act (CCPA), will gain extended law enforcement powers to ensure compliance with the California Age-Appropriate Design Code Act. Enforcement will be directed by the California Attorney General (AG), with the power to pursue injunctions and/or civil penalties against violating businesses. When pursuing civil penalties for violations, the AG will consider whether the violation is (failure to properly meet requirements of the Act) or (conducting prohibited activities and/or deliberate non-compliance with requirements). – penalties up to $2500 per affected child – penalties up to $7500 per affected child. Potential 90-day cure period to meet compliance The current text of the California Age-Appropriate Design Code Act also allows the AG to offer a 90-day cure period for some businesses before pursuing civil penalties. This cure period is only available if the AG determines a business is already in substantial compliance with the requirements of the Act (paragraphs 1-4 inclusive of subdivision (a) of Section 1798.99.31). The California Children’s Data Protection working croup The Act also created a working group to advise government and businesses on best practices for prioritizing children’s best interests (privacy and safety) online. This working group will consist of Californians with related expertise in two or more areas (for example, children’s data privacy and mental health) appointed by several government leaders and bodies, including the California Privacy Protection Agency. ==================================================================================================== URL: https://trustarc.com/resource/data-privacy-most-trusted-brands/ TITLE: Data Privacy: What Brands Are Taking It Seriously? | TrustArc TYPE: resource --- This Super Bowl Sunday, among all the multimillion-dollar commercials you’re likely to see a few companies touting their data privacy practices as part of their ad campaign. Why? privacy is important to their customers So who are some of our top privacy contenders? Which companies walk and walk and talk the talk? Which brands are trusted the most? These companies are at the forefront of the privacy movement and consistently stand up for their users’ rights in an increasingly data-driven world. It’s no surprise that two out of the three following companies made the very top two spots on Sagefrog’s 2022 B2B Trusted Brands Report , scoring over 75+ on their index. Process and practices that put privacy first inspire consumer and business trust. And if you’re wondering if you should care about trust, the answer is most certainly yes. People buy from people and brands they trust in B2B and B2C. And as consumers become more aware of how companies use their personal data, a reputation of being a privacy-first company will be critical to maintaining business. Adobe, a software company known for its creative products such as Photoshop and Illustrator, also takes customer privacy seriously. It uses encryption to protect sensitive information and has implemented strict access controls to ensure that only authorized personnel can access customer data. Additionally, the company conducts regular security audits to identify and address any vulnerabilities. , a user-friendly way to view and manage your information in Adobe products. The center allows users to access privacy-related settings and review their Adobe data collection and use choices. Their language is clear, concise, and easy to understand, giving users what they need to stay informed and in control of their data. Under Armour, a leading sports apparel and accessories brand, commits to protecting its customers’ personal information. It’s implemented industry-standard security measures to safeguard customer data, including encryption and firewalls. The website clearly outlines the types of cookies in use: cookies that are required to enable core site functionality, functional cookies that allow UA to analyze site usage so they can measure and improve performance, and advertising cookies used by advertising companies to serve ads that are relevant to the user’s interest. Users have the ability to opt in or out of these cookies at any time by following the instructions given in their browser. Apple* most trusted brand Apple, a technology giant known for its popular iPhone and iPad devices, has long been a champion of user privacy. The organization encrypts all data stored on its devices and has a strict policy against collecting and sharing user data without explicit consent. Apple also provides detailed information about its privacy practices and allows users to control the collected and shared data. Apple is known for numerous ads with one core message: We care about your privacy . The ad comically depicts what digital tracking would look like in everyday life (it’s pretty creepy). It ends with the tagline, “Privacy. That’s iPhone.” Another ad from this series depicts the auction of someone’s personal data , such as emails, purchases, and location information. Even more recently, Apple rolled out a five-minute video, A Day in the Life of an Average Person’s Data, to teach consumers how data companies are trying to collect personal information and how iPhone can help protect people. Apple is not only dedicated to , protection by default, and increasing consumer trust, but it’s also focusing on how to educate consumers about how companies are using their data and what options consumers have for protecting it. Apple demonstrates that they value consumer privacy by giving consumers online resources and 30-minute in-person sessions to learn about its privacy controls. What do the most trusted brands have in common? Each company has implemented robust measures focused on transparency and choice to protect its customers’ personal data and earn itself a reputation as a leader in data privacy. Adobe’s efforts in protecting sensitive customer data have earned multiple certifications and awards. Under Armour’s commitment to data privacy is evident through its partnerships with leading security and privacy experts across the globe. Apple’s strong stance on privacy leads them to invest significantly in advanced security technologies to safeguard customer data. All three demonstrate a deep commitment to data protection and privacy as they provide consumers with the peace of mind that their personal information is safe. And your business can follow their lead. Are you wondering how to use privacy to differentiate your business and inspire consumer trust and loyalty? You might think this will take too much time, effort, and resources. Although establishing yourself as a trusted leader in data protection won’t happen overnight, it is possible to create a robust and efficient privacy program without Apple or Adobe’s massive resources. Start by embedding data protection and privacy into your new products and services strategies. Don’t ask for more information than is absolutely necessary to conduct business. Don’t collect data that you don’t need or that poses a high risk to the data subject if exposed. Make a point to adopt a privacy-by-default approach. Thus, by default, you will not collect, use, or process data unless given consent otherwise. Next, examine your current data use and processing. What data is the company collecting and storing? Where is it stored? Where does it go? Is it shared or sold? How long is the information retained? Once you know and document your current practices, create a realistic plan to improve your company’s data protection posture. Make sure to include creating privacy policies that are transparent and easy to read and understand. Companies have a big opportunity to differentiate themselves and build a strong relationship with their consumers by translating the typical legal language in a privacy policy into something more digestible It’s common for businesses to start their privacy program using spreadsheets. Eventually, many find that managing a privacy program with spreadsheets isn’t efficient and look for a software solution. But before you start searching for the perfect privacy management technology, read The Do’s and Don’ts of Selecting Privacy Automation Software ==================================================================================================== URL: https://trustarc.com/resource/state-privacy-laws-vs-federal-privacy-law/ TITLE: The Future of State-by-State Privacy Laws vs One Federal Privacy Law | TrustArc TYPE: resource --- 2023 data privacy law predictions and trends Will 2023 be the year the United States finally gains an all-encompassing federal law governing data protection and privacy like the European Union’s broad-reaching GDPR? The short answer: it’s hard to tell. While the proposed bill for an American Data Privacy Protection Act (ADPPA) easily passed a congress vote in August 2022, it stalled before the close of federal government business in December. Industry experts predict a federal privacy law may be one or more years away. It is expected to be brought before congress again in 2023. However, businesses in the U.S. already need to adjust their privacy stances further to comply with five new state privacy laws that take effect in 2023: California Privacy Rights Act (an amendment to the California Consumer Privacy Act ) – effective from January 1, 2023, enforceable from July 1, 2023 Virginia Consumer Data Protection Act – effective from January 1, 2023 – effective from July 1, 2023 Connecticut Data Privacy Act – effective from July 1, 2023 Utah Consumer Privacy Act – effective from December 31, 2023. Consumer privacy rights covered by these state privacy laws generally include: The right to opt in or opt out of collection and use of personal data for certain purposes Restrictions on how much personal information can be collected (businesses should only collect data needed to help provide services) Non-discrimination for exercising data privacy rights The right to know what personal data is collected, why it is collected, how it is used and whether a business sells the personal data it collects The right to request access to personal data collected and request it be deleted. In mid-December 2022, TrustArc’s CEO Chris Babel hosted an industry panel discussion about the implications of these new state laws and predictions for data privacy law in 2023. The panel of privacy industry experts included: Caitlin Fennessy, VP & Chief Knowledge Officer, IAPP Michael Lin, Chief Product Officer, TrustArc Hilary Wandall, Chief Ethics and Compliance Officer, Dun & Bradstreet. Below is a summary of the industry experts’ discussion, including insights on current and upcoming compliance challenges for businesses that collect personal data from consumers. Several State privacy law updates expected in 2023 Last year was an incredibly busy time in the state privacy law landscape, with 60 detailed consumer privacy bills considered by lawmakers across 29 states – more than double the 29 consumer privacy bills considered in 2021. Five states considered comprehensive consumer privacy bills for the first time: Georgia, Indiana, Maine, Michigan and Vermont. “We will see several more adopted in 2023 and certainly several more before we see a federal privacy law in the U.S.,” predicts Fennessy. At the same time, she’s hopeful we won’t see 50 different state consumer privacy laws introduced before a federal privacy law is enacted: “I’m less bullish about the ADPPA now than in 2022 because it was a bit crushing to see the law stall, but I absolutely think a federal consumer privacy law will happen.” Laws governing international data transfers On December 13, 2022, the European Commission announced it has started the process to adopt an adequacy decision for the EU–U.S. Data Privacy Framework . Chris Babel notes managing compliance for trans-Atlantic data transfers has been a huge concern for organizations surveyed by TrustArc over the last few years. He says businesses in the U.S. are facing more uncertainty on trans-Atlantic data transfers, because an update on the Schrems decision will go to the European Data Protection Board and the European Parliament in 2023. “It will work its way through to member states and I think it will be adopted,” says Fennessy. “Then the question is: does it stand in the trans-Atlantic space? And I think it has to. “Now there’s the Declaration on Government Access to Personal Data held by Private Sector Entities, adopted on December 14, 2022, which has been years in the making. The whole impetus for the Organization for Economic Co-operation and Development (OECD) was to… rally around a principled, like-minded state, recognizing there are other regimes that don’t follow the rule of law and to address this issue.” There is also debate whether organizations will experience bigger challenges with data transfer compliance outside the trans-Atlantic context (EU–U.S.) in 2023 than within the trans-Atlantic context. Trans-Pacific transfers, for example, will demand more focus, notes Wandall. She predicts tougher security and privacy rules for data transfers into and out of China, in particular. “There’s so much that has been happening in China over the last year and a half,” she says. “We’re experiencing how China’s approach to personal information protection and broader data compliance is driving a lot of the thinking around privacy and broader management of data compliance programs.” Increased scrutiny of technology security in the U.S. There is no doubt among our panellists that the security of data collection technologies used by organizations will be intensely scrutinized in 2023. Indeed, the expectation for organizations to ensure data security was highlighted in the summary of the American Data Privacy and Protection Act when it was introduced on June 21, 2022. It stated: “Companies must implement security practices to protect and secure personal data against unauthorized access, and the Federal Trade Commission (FTC) may issue regulations for complying with this requirement. The bill provides for enforcement of these requirements by the FTC and state attorneys general. Beginning four years after the bill’s enactment, individuals may, subject to certain notification requirements, bring civil actions for violations of the bill.” Wandall says none of this should come as a surprise: existing state and international data privacy laws all contain wording about the need for organizations to “use reasonable safeguards to secure personal data”. As more companies implement increasingly sophisticated data collection technologies, consumers’ privacy concerns will continue to grow. The good news is we can expect to see privacy risks better managed, says Wandall. “The regulation of technology infrastructure and privacy rules are beginning to come together in a much more comprehensive way in 2023.” TrustArc’s Chief Product Officer Michael Lin is also optimistic about improved technology infrastructure security. He reports: “Some of the technology solutions in the market are really starting to hit the mark by helping organizations automate the security and privacy work. I think we’ll see great advancements in the technology space, with more automation to streamline critical processes and deliver better security and more value.” The U.S. needs a strong Federal privacy law The privacy experts are less optimistic about a federal privacy law passing in 2023. They all express frustration with how many businesses and rule makers in the U.S. seem to struggle with the concept of privacy regulation. “I wonder whether the FTC’s rulemaking might cause people to finally recognize we need federal privacy legislation and for the rules to be enforceable in the right way,” says Wandall. “My fear is that if we do not enact something that sets a baseline for protection of privacy and data at the federal level, that it’s just going to continue to cause us challenges in being able to operate effectively in a global economy. “Data is the heart of how everyone gets things done these days and it is so incredibly difficult to move data all over the world.” pointing to concerns raised by European Commissioner Reynders during a press statement on December 15, 2022 , when he gave an update on the EU–U.S. Data Privacy Framework: “While further work is still needed on both sides of the Atlantic, we look forward to the upcoming future when EU and U.S. companies and prosecutors will be able to rely on strong procedural safeguards for their transfers of personal data and electronic evidence across the Atlantic.” Reynders’ statement touches on the data privacy compliance challenges U.S. companies face all over the world now, notes Fennessy. She says U.S. companies and the federal government need to step up commitments to backstop protection for data when it hits U.S. shores. “What this shows is that it’s one thing to create a deal in a bilateral framework with the EU, but that the U.S. – which in the early days of the internet was a policy leader – has clearly relinquished its policy leadership to the EU.” TrustArc CEO Chris Babel acknowledges the frustrations of privacy experts like him, who have waited years for a federal privacy law to be enacted. “I’ve had a slightly jaded view for a while and predicted it will not happen, and so I was surprised how close we got in 2022,” he says. “I came from the security space where, in 2002, California started mandating data breach notifications. Yet, 20 years later, we still don’t have insight on when we will have a federal privacy law. It’s hard for businesses. “I don’t think the federal bodies are motivated to reach consensus. They’re too busy poking at the people on the other side of the aisle. I hope I’m wrong, but I don’t see a federal privacy law in sight in 2023.” ==================================================================================================== URL: https://trustarc.com/resource/digital-services-act/ TITLE: The Digital Services Act: What to Expect | TrustArc TYPE: resource --- What is the Digital Services Act? (DSA) is one of two regulations proposed by the European Commission in 2020 to provide a fairer, safer, and more open playing field in digital spaces across the EU. standards for online accountability when it comes to illegal and harmful content . It also imposes rules around how platforms moderate content, advertise, and use algorithmic processes. In essence, it’s making the internal processes of online platforms more transparent while allowing for more informed business decisions. The DSA is only one piece of the EU’s digital strategy puzzle known as “ A Europe fit for the Digital Age .” In addition, this strategy includes a series of legislations under the Together, they provide clearer and more standardized rules relating to consumer protection in the online environment and regulate how digital businesses comply with these rules. They also provide enhanced opportunities for digital businesses on a more level playing field. The DSA comes in the wake of increased cyberbullying, hate speech, illegal content, and other harms committed online. It places responsibility firmly on digital service providers, big and small, to moderate content across the EU market. Companies must consider content removal and be proactive and transparent in moderation. What does the DSA regulate? The DSA regulates how platforms moderate content, how they remove illegal content – such as counterfeited and hazardous products – quickly, and how they crack down on users who spread misinformation. It also regulates how platforms advertise and how they use algorithms for recommendation systems. The latter may have considerable implications for so-called “gatekeeper” companies. are large online platforms that act as a major gateway between businesses and consumers. Among the platforms that fall into the gatekeeper category are Google, Amazon, Facebook, Apple and Microsoft. will be forced to show how their algorithms work in the EU. a large category of online services, from simple websites to internet infrastructure services and online platforms . This means the legislation applies to all platforms operating within the EU, big and small, and regardless of where the business was established. Some of the types of digital services subject to the DSA legislation include: Content-sharing platforms Intermediary services, such as internet providers and domain registrars Cloud and web hosting services Collaborative economy platforms How does the DSA impact small companies? The legislation applies to all companies operating in the EU, big and small. It’s worth noting, however, that the level of obligations and type of enforcement is tailored to the role, size and impact of the online service provider on the online ecosystem. , there are more than 10,000 platforms operating in the EU, and 90% of these are small and medium enterprises. The commission recognizes that navigating the new rules of the DSA, along with the 27 different sets of national rules , can not only be an intimidating task for small businesses but also cost prohibitive. This is why the DSA aims to ensure small online platforms are not disproportionately affected, but that they remain accountable. What do Companies need to consider when preparing for the DSA? There are a number of factors to keep in mind when preparing for DSA regulations to come into effect, including: The DSA states once a platform has been notified by “ ” that illegal content exists, it must remove this content in a timely manner. There’s no specific timeline for content removal, but the DSA stipulates companies need to be prepared for quick removal . This means platforms need to have the right processes in place to comply. In addition, platforms must inform consumers that content is being removed, while providing precise details on why it is being removed. Consumers can contest the removal of content via dispute resolution mechanisms in their own country. As long as swift action is taken to remove content highlighted by trusted flaggers – as well as any illegal content platforms detect themselves – the DSA states platforms will not be liable for any unlawful behavior or illegal content posted by users. This is to remove disincentives for companies to take voluntary measures to protect their users from illegal content, goods or services. It also aims to encourage platforms to be proactive when notified of flagged content, and to invest in robust content moderation practices. Transparency and due diligence Increased transparency is a theme that runs throughout the DSA. This relates to how to report illegal content, why content is being removed, how algorithms are used in recommending content, how advertising is targeted and much more. When it comes to due diligence, providers of hosting services need to be aware of the requirement to report certain illegal behaviors. Online marketplaces have to do the same regarding the sale of illegal goods. How will the DSA be enforced? The DSA applies across every member state of the EU. Enforcement is split between national regulators and the European Commission. The commission is primarily involved in enforcing obligations for large platforms and gatekeepers. Fines for not adhering to DSA regulations reach up to 6% of the global turnover of a service provider. When does the DSA come into effect? The DSA entered into force on November 16, 2022. The legislation applies fully to all relevant entities 15 months after entering into force: from February 17, 2024. There are additional deadlines prior to this, however. For example, online platforms have been asked to report the number of end users they have by February 17, 2023. The European Commission will use this information to determine which ones should be designated very large online platforms / search engines. DSA obligations for very large online platforms and very large online search engines will apply four months after they have formally received this designation from the commission. The final word on the DSA : it’s never too early to start preparing for the DSA. The adoption of the DSA does not mean you have to go back to the drawing board – it’s designed to work with other in-place regulations around the digital space. Any previous efforts platforms have made to adjust to current data protection regulations or cybersecurity standards will not be in vain. ==================================================================================================== URL: https://trustarc.com/resource/coppa-compliance-made-easy-keep-kids-in-mind/ TITLE: COPPA Compliance Made Easy: Keep Kids In Mind | TrustArc TYPE: resource --- The Children’s Online Privacy Protection Act of 1998 (COPPA) is managed by the U.S. Federal Trade Commission (FTC) and has been in effect since April 2000. COPPA is designed to protect the privacy of children in the U.S. aged 13 or under by giving parents control over their children’s online activities. It sets out rules for how commercial organizations can collect, retain and/or share personal information when children in the U.S. access a website or online service (including apps and internet-enabled devices). TrustArc’s expertise in COPPA compliance and data privacy TrustArc was one of the first organizations to become a COPPA Safe Harbor organization for the FTC in 2001. As a leader in online privacy compliance, TrustArc has always strived to set a bar for certification above the bare minimum required. This philosophy helps smooth regulatory compliance for organizations by ensuring that our services and best-practice recommendations are up-to-date and rigorous. Our recommendations for COPPA compliance include an extra step between two key requirements set out by the FTC. Based on our experience, a detailed privacy assessment is the best way to help organizations get ahead by streamlining their privacy operations. Adding a step to the FTC’s COPPA compliance plan , which explains why COPPA was enacted and will help you determine if your organization needs to comply with COPPA. To help organizations protect children, the FTC outlines a six-step COPPA compliance plan on its website, covering the key requirements. if your company is a website or online service that collects personal information from children aged 13 and under. Step 2: Post a privacy policy that complies with COPPA. directly before collecting personal information from their children. Step 4: Get parents’ verifiable consent before collecting personal information from their children. Step 5: Honor parents’ ongoing rights with respect to personal information collected from their children. Step 6: Implement reasonable procedures to protect the security of children’s personal information. Each requirement is essential to help protect kids and give parents control of their children’s online activities. An extra COPPA compliance step: privacy assessment Businesses should take an extra step (between the FTC’s first and second steps) to ensure COPPA compliance: Conduct a comprehensive privacy assessment to review and update your organization’s privacy practices. This assessment will give you a clear view of all the activities across your website or online service during which children’s’ personal information could potentially be collected, analyzed and/or shared. Identifying all the tools, processes, policy documents and third-party partnerships you have in place for managing the collection of personal information will help you decide which areas you will need to improve to comply with COPPA. How TrustArc Assessment Manager helps address COPPA compliance TrustArc Assessment Manager is a customizable tool that automates the end-to-end assessment of your organization’s privacy practices and risks. It will streamline your privacy assessment, while accounting for all relevant privacy regulations – including COPPA – to help your organization: Identify gaps in privacy practices , including policies and procedures for the collection, analysis and sharing of personal information Record risks for your privacy team , including identifying security risks and risks associated with the types of personal information you collect (or intend to collect). Because some data tools capture more data than is needed or useful, your assessment should also consider which kinds of personal information are necessary for the activities on your site or online service Manage compliance-related tasks , including ensuring privacy policies and notices are compliant with current privacy regulations and providing adequate mechanisms for people to understand and exercise their privacy rights. This includes giving or withdrawing consent to the collection and use of their personal information. Note about COPPA compliance: organizations must get verifiable consent from parents collecting information from or about their children, and parents have rights to review and delete their children’s personal information. (Also see the section below: Is your privacy policy COPPA compliant?) Maintain comprehensive audit trails , including records of the personal information collected, why it is collected, how it is used, where it is shared, who has access to it, all locations where it is stored and the security mechanisms for those locations, when records are updated and how long they are stored, and any records related to requests from people to review and/or delete their personal information Produce compliance reports to meet regulatory requirements. Is your privacy policy COPPA compliant? COPPA lists three key categories of information in Section 312.4(d) that must be disclosed in a privacy policy: A clear description of what personal information is collected. Operators need to explain what kinds of personal information they collect why they collect it, how the information is used and/or shared, how the information is secured, how they manage disclosure practices (including privacy mechanisms), and whether children are able to make some or all of their personal information publicly available. A clear description of parent rights to control their children’s personal information. Operators must explain these rights and how they can be exercised by parents, including notices to obtain verifiable parent consent, and descriptions of the procedures and mechanisms for parents to review and/or delete their children’s personal information, or prevent further collection or use of this information. Contact information of all operators involved. Operators must list all operators involved in collecting and/or managing personal information through the website or online service. They need to either provide contact details for all operators, or provide the name, address, telephone number and email address of an operator who will handle inquiries from parents. Requirements for displaying a privacy policy Your privacy policy must be clear, comprehensive and easily accessible, which means it may need to be displayed in multiple places. Display a clear and prominent link labeled ‘Privacy Policy’ (or similar) on the home page, landing page or screen of the website or online service. Display a clear and prominently labeled link in every area of the site or service where personal information is collected from children. Each link to the privacy policy must be displayed next to any requests for information. If you operate an app, your privacy policy must be displayed on the home page of the app. If your website or online service is aimed at a general audience and has a separate area for children (for example: kids’ activities), then the home page, landing page or screen of the children’s area must also include a prominently labeled link to your notice of information practices for the collection of children’s personal information. Along with your privacy policy, your organization must also provide direct notice to parents about their rights and the requirement for your organization to obtain their verifiable parental consent before collecting personal information online from their children. ==================================================================================================== URL: https://trustarc.com/resource/coppa-protecting-childrens-privacy-online/ TITLE: COPPA FAQ: U.S. Children’s Online Privacy Protection Act | TrustArc TYPE: resource --- Children’s Online Privacy Protection Act of 1998 (COPPA) is a U.S. Federal Act that restricts how organizations collect, manage or share personal data when their websites or online services are accessed by children in the U.S. aged 13 and under. COPPA was introduced to the U.S. Senate in July 1998, signed into law on October 21, 1998, and took effect in April 2000. It is managed by the U.S. Federal Trade Commission (FTC). While COPPA focuses on restricting the collection and/or distribution of children’s personal data, it also sets rules for how organizations must get verifiable parental consent when children use online services. In essence, COPPA protects children’s privacy by giving parents control over their children’s online activities. The Code of Federal Regulations Part 312.1 scope notes: “This part implements the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501), which prohibits unfair or deceptive acts or practices in connection with the collection, use, and/or disclosure of personal information from and about children on the Internet.” The FTC revised COPPA in 2012 to strengthen children’s privacy and give parents more control over the collection of personal information from children. This revision expanded the coverage of COPPA to include apps, plugins, and devices that can connect to online services. How to access the text of the COPPA Unauthorized access and misuses of personal information emerged as a major concern in the 1990s, as the internet became more popular. Commercial websites began to be criticized for the way they targeted children with advertising, as well as for collecting children’s personal data without parental knowledge or consent. In 1996, the Center for Media Education (CME) asked the FTC to investigate some high-profile websites aimed at children, amid claims some sites were using unfair and deceptive practices in their marketing to children. published research showing children did not understand privacy risks and were typically very naïve about the dangers of sharing personal information online. In 1997, following the passing of the Driver’s Privacy Protection Act , the FTC reported that websites aimed at children could be regulated, and operators of these websites were told they need to inform parents about the privacy risks for children sharing personal information online. The FTC’s guidelines for managing parental consent eventually became law with COPPA. How is COPPA designed to protect children’s privacy? Under COPPA, parents must be given control of their children’s online activities by the operators of a commercial website or online service. Parents have the right to be provided with a description of the types of personal information collected from children by the operator. Parents must be informed about the privacy policy. The privacy policy must be posted anywhere the operator intends to collect, retain and/or disclose personal information about children. Operators must get verifiable consent from the parents collecting or using any personal information about their children. Parents have the right to monitor their children’s activities and review any personal information collected from their children. Parents have the right to request deletion of their children’s personal information. Parents have the right to withdraw permission at any time for the collection and/or use of their children’s personal information. Does COPPA apply if children can voluntarily share information? A child is prompted or encouraged to share personal information to use a service or participate in an activity, or A child voluntarily posts personal information publicly. In all cases, verifiable parental consent is required. Does COPPA apply to personal information about children collected from parents? While COPPA only applies to the collection of personal information from children, the FTC noted in its 1999 Statement of Basis and Purpose it also expects all operators to keep confidential any information collected from parents while: Obtaining parental consent Giving the parent access to review a child’s online activities. COPPA applies to U.S. and international operators of commercial websites and online services that target children in the U.S. and collect personal information from them. It also applies to organizations with ‘actual knowledge’ that they collect and/or retain personal information from users of websites or online services directed to children. If the personal information of children in the U.S. can be or is collected by an operator of an online service, then COPPA applies – regardless of where the operator is based. If a commercial organization wants to collect personal information about U.S.-based children, then informed and verifiable parental consent is required. COPPA’s coverage includes: Commercial websites directed to children, including sites promoting and/or selling products or services aimed at children U.S. Federal Government websites and online services, along with any websites or online services operated by federal government contractors Internet-enabled gaming platforms Internet-connected mobile apps and software Internet-enabled devices, such as toys and smart home speakers Any technology that can be used to track location via the internet. In some cases, where it’s clear children are the target audience, COPPA also applies to third-party providers of online services, such as ad networks and plugins that can collect, process and/or retain personal information (again, regardless of where these third parties are located). Which kinds of websites and online services does COPPA not apply to? COPPA does not apply to non-profit organizations operating websites or other online services. They are exempt under Section 5 of the FTC Act – unless they collect and use children’s personal information for any commercial purpose. What are some signs a website or online service is ‘directed to children’? COPPA outlines several factors to determine whether commercial websites or online services (including apps and internet-enabled toys and devices) are directed to (i.e. appeal to) children, including: Subject matter and language (i.e. lower reading-age vocabulary, or using phrases that engage children) Visual content: especially animated characters, young models or celebrities Child-oriented games, activities and incentives Music or audio, such as catchy tunes Advertisements for products or services aimed at children. Additionally, a site or service can be considered as ‘directed to children’ if any competent and reliable empirical evidence shows: Children are the intended audience or a key segment Children regularly visit the website or service because it contains content that appeals to them. What is considered ‘personal information’ of children under COPPA? Personal information is any data, opinion or other information about an individual that could identify them. Under COPPA, children’s personal information is defined as including any information provided by them, their parents or a third party, whether directly or by tracking their actions or participation in activities. COPPA defines children’s personal information to include: Address of a child’s home or other physical location where they spend time, including names of streets, cities or towns Geolocation data sufficient to identify the name of a street and city or town where the child has spent time Online contact information, such as an email address, username or screen name Persistent online identifiers, such as a profile, cookie, IP address, device serial number or other identifier to recognize a user over time and across different online locations, websites or services Any visual record (photo, video) or audio record containing a child’s image and/or voice Any personal information about the child’s parents, family members or friends. Any information about the child or the child’s parents that the operator collects from the child and combines with an identifier. Decades of expertise in COPPA compliance TrustArc has a long history of helping businesses comply with privacy regulations and verify compliance. Our organization was founded in 1997 as a non-profit industry association called TRUSTe. Its mission was to guide businesses on privacy best practice and provide certification to businesses that demonstrated compliance with privacy standards. We have continued to build on this mission in the decades since then. ==================================================================================================== URL: https://trustarc.com/resource/schrems-ii-decision-changed-privacy-law/ TITLE: How the Schrems II Decision Changed Privacy Law | TrustArc TYPE: resource --- Privacy advocates have long argued that organizations with global customers must do more than just comply with the data protection laws in their home countries. At the heart of their argument is the fact internet technologies (and cloud services in particular) support cross-border data transfers into multiple jurisdictions Therefore, they believe the data protection laws in each region should apply. Maximilian Schrems, a high-profile Austrian privacy advocate and lawyer, has brought several cases to EU courts to change rules for cross-border data transfers. And, in some cases, he’s been very successful. In his campaign against Facebook, Schrems successfully argued that because personal data transferred to and/or stored in the U.S. could potentially be accessed by U.S. intelligence agencies, such data activities violated EU privacy laws – including the EU’s General Data Protection Regulation (GDPR). He is best known for a case heard by the Court of Justice of the European Union (CJEU) listed as Data Protection Commissioner v. Facebook Ireland Ltd and Maximilian Schrems , more commonly known as the On July 16, 2020, the CJEU ruled the EU–U.S. Privacy Shield was invalid. While the court upheld the system of standard contractual clauses (SCCs) at the time, which allowed for data transfers from the EU to other countries, the validity of SCCs was still questioned. The impact of the Schrems II decision was essentially global, triggering a major rethink of how organizations manage compliance with data protection laws in multiple jurisdictions. Read on to learn more about how the Schrems II decision came about and how it changed international data transfer frameworks. Timeline of EU data law reviews and the Schrems I decision The Schrems I decision was a significant victory for Maximilian Schrems in his long-running battle with U.S. technology businesses in various European courts, to have EU data privacy laws enforced more strictly. Key dates related to the Schrems I decision include: – the European Parliament passes the Data Protection Directive to encourage the free movement of personal data, while providing protections of individual rights. It contains rules for adequacy of protection when data is transferred outside the EU. – the U.S. Department of Commerce issues its International Safe Harbor Privacy Principles and sends them to the European Commission. – the European Commission issues its adequacy decision on the International Safe Harbor Privacy Principles. – international media begin reporting on documents brought to light by U.S. intelligence whistleblower Edward Snowden about the NSA’s surveillance of electronic communications and extensive data collection activities. These revelations are later confirmed by the U.S. administration. – Maximilian Schrems files several lawsuits against Facebook in courts across Europe, claiming his personal data is not adequately protected. – Schrems lodges a complaint with the Irish Data Protection Commissioner (DPC) because Facebook’s European headquarters are based in Ireland. He wants the Irish DPC to investigate Facebook Ireland Ltd’s data transfers from its EU HQ in Ireland to its servers in the U.S., amid growing concerns about the NSA’s surveillance activities. – the Irish DPC rejects Schrems’ complaint as vexatious. Schrems then files and is granted a judicial review in the Irish High Court. – the Irish High Court decides to adjourn Schrems’ case and refers it to the Court of Justice of the European Union (CJEU) for a preliminary ruling. – the CJEU begins hearing Schrems’ test case against Facebook (now commonly known as Schrems I). – the CJEU rules the Safe Harbor framework is invalid because it does not meet adequacy, not being essentially equivalent to the Data Protection Directive. The short-lived EU–U.S. Privacy Shield Framework Immediately following the CJEU’s decision on Schrems I, the U.S. Department of Commerce and the European Commission and Swiss Administration began co-designing the EU–U.S. Privacy Shield. It was intended to help organizations comply with EU data protection rules when transferring personal data to the U.S. from the EU. On July 12, 2016, the European Commission announced the EU–U.S. Privacy Shield met adequacy requirements under EU law. On January 12, 2017, the Swiss Government also announced the Swiss–U.S. Privacy Shield framework met Swiss privacy requirements when transferring personal data to the U.S. from Switzerland (which is not an EU member). After Schrems I: A test of standard contractual clauses for data transfer The CJEU’s decision that the Safe Harbor Privacy Principles did not guarantee individuals in the EU protections against U.S. surveillance motivated Schrems to resubmit his complaint with the Irish DPC. In his next filing, he raised concerns about standard contractual clauses (SCCs) used by Facebook (and other organizations), which are an alternative legal arrangement to export personal data from the EU. He argued SCCs would have a similar effect to a transfer under the Safe Harbor framework, so no adequate protection would be offered. In his filing, he requested transfer of personal data from Facebook Ireland to Facebook Inc. in the U.S. using SCCs be suspended. Suspension is one of the possibilities under data protection law for enforcement of the SCCs if insufficient safeguards are available. Instead, the Irish DPC decided to file a separate case in court trying to suspend or invalidate the use of SCCs altogether. Timeline of the Schrems II decision Maximilian Schrems’ second big case against Facebook aimed to block it from relying on SCCs to sidestep EU data protection rules when transferring data to the U.S. from the EU. The Irish Data Protection Commissioner then also brought a case against Facebook. Below are some key dates related to what is now known as the Schrems II decision: – Schrems resubmits his complaint against Facebook Ireland Ltd to the Irish DPC, arguing it is relying on SCCs to transfer personal data to the U.S. from its European headquarters in Ireland. He also files similar complaints with data protection authorities in Germany and Belgium, which both claim some jurisdiction over Facebook. – the Irish High Court reviews Schrems’ complaint. – the Irish High Court issues its judgment to refer the case to the CJEU for a preliminary hearing. – the Irish High Court submits an extensive referral of the case to the CJEU, detailing 11 questions for the CJEU to address. – the EU’s General Data Protection Regulation (GDPR) comes into force. Schrems then files additional complaints in Ireland that Facebook’s data transfer activities are not GDPR compliant. – the CJEU begins hearing the case listed as the Data Protection Commissioner v. Facebook Ireland Ltd and Maximilian Schrems. The case is popularly called Schrems II. – the advocate general (AG) of the CJEU, Henrik Saugmandsgaard Øe, publishes his opinion on Schrems II, stating the SCCs are valid. (See below for a summary of the Schrems II AG opinion.) – the CJEU publishes its rulings on Schrems II: the EU–U.S. Privacy Shield is held to be invalid; the SCCs are upheld as valid; however, the CJEU notes the SCCs needed modernizing, in line with the GDPR and other international data protection requirements. Schrems II AG opinion: Key findings The CJEU advocate general’s opinion on the Schrems II case stated SCCs are valid. Henrik Saugmandsgaard Øe AG noted: SCCs provide contractual safeguards to guarantee the appropriate level of protection when personal data is transferred, regardless of the destination country. The purpose of SCCs is to ensure the data exporter and importer compensate for any data protection deficiencies in another country. Whether SCCs are adequate cannot depend on the extent of data protection guaranteed in another country. Under the EU Charter of Rights, if clauses could be breached or impossible to honor, any data transfers covered by SCCs should be suspended or prohibited. The main case brought before the CJEU related to the validity of SCCs, therefore any findings on the validity of the EU–U.S. Privacy Shield must not influence the main case. Schrems II case summary: SCCs The CJEU’s decision on the Schrems II case closely followed the AG’s opinion in its ruling on SCCs: One of the main questions of the Schrems II case was if the use of SCCs to guide international data flows should be possible at all. The CJEU confirmed SCCs can be used – but it has tightened the rules for their use. National security is recognised as a possible necessary limitation to the fundamental right to data protection, including in the SCC decision itself. Therefore, the existence of national surveillance laws in another country should not be problematic, in principle. The afforded level of protection offered by SCCs must be assessed by data exporters and importers. The court referenced GDPR Article 44 (the general principle for transfers), which states the level of protection of natural persons when their personal data is transferred abroad cannot be undermined – regardless of the method used to transfer personal data (e.g. adequacy decisions, contractual safeguards and binding corporate rules). Therefore, the guarantees included in SCCs must be essentially equivalent to the level of protection guaranteed within the EU. Guarantees may need to be supplemented in cases where SCCs are deemed insufficient. This is allowed, as long as the provisions in the SCCs are unchanged. If the protection guaranteed within the EU cannot be ensured when transferring data to another country – because SCCs could be breached or impossible to honor – then supervisory authorities must suspend or prohibit data transfers to the country concerned. SCCs need to be reviewed to provide further safeguards. Schrems II case summary: Privacy Shield Although the main focus of the Schrems II case was always on SCCs – and the case was filed before the GDPR was enforced – the CJEU assessed the validity of the EU–U.S. Privacy Shield adequacy decision made in July 2016 and found fault with it. The court ruled the Privacy Shield was invalid because: The Privacy Shield does not meet the standards of an essentially equivalent level of protection. It does not guarantee the fundamental rights to privacy and data protection of EU citizens when their data is transferred to the U.S. from the EU. The legislation related to U.S. Government surveillance programs is too wide and vague : it does not provide clear and precise rules governing the scope and application of the measure in question. The court decided the risk of bulk collection and/or over-collection of personal data is too large. There are no minimum safeguards to effectively protect personal data against the risk of abuse. Based on EU case law, this is a requirement: especially related to the circumstances and conditions under which surveillance can be used. EU authorities cannot effectively protect personal data transferred to the U.S. because it is outside their jurisdiction. Individuals in Europe must be able to pursue legal remedies to get access to their personal data or ask for their data to be corrected or erased. However, Europeans’ right to redress relies on the ombudsperson (a mechanism created by the European Commission and the U.S. administration) to oversee data originating from the EU processed by the U.S. intelligence and security services. The court ruled the ombudsperson cannot fix the deficiencies of effective redress because it is a political commitment to correct any violation, without an underlying legal obligation. There is no cause of action open to EU citizens following a decision from the ombudsperson. The court also provided important guidelines to assess the national security legislation in other countries. The legislation must be sufficiently clear, detailed and foreseeable for an individual to understand what might happen to their data once it is used for national security purposes (even if that was not the intention of the data transfer). Timeline of EU–U.S. data transfer rules proposed after the Schrems II decision The Schrems II decision triggered several major reviews of the SCCs, aiming to strengthen the data privacy rights of EU citizens and establish a new agreement on data transfer between the U.S. and the EU. Recent key dates include: Stay up to date with evolving international data privacy standards EU-U.S. Data Privacy Framework (DPF) , Swiss-US Data Privacy Framework, and UK extension provide critical and compliant data mechanisms for companies. DPF participation is the simplest, most reliable, and cost-effective EU-U.S personal data transfer option for compliance because the Data Protection Framework (DPF) is an Adequacy Decision. This means personal data can be transferred to that country without further safeguards. The DPF verification provides a robust demonstration that you’ve met the obligations of the Data Privacy Framework, which is an approved transfer method agreed on by both the United States government and the EU Commission. Find out how to get verified ==================================================================================================== URL: https://trustarc.com/resource/essential-guide-marketing-under-the-gdpr/ TITLE: Your Essential Guide to Marketing Under the GDPR | TrustArc TYPE: resource --- Although the GDPR is not new, its effects on business marketing activities continue to puzzle practitioners. Marketing under the GDPR with consumer information is still possible, but you’ll need to understand the regulation thoroughly. Implemented in May 2018, the European Union’s General Data Protection Regulation (GDPR) toughest privacy and security law in the world. And you don’t have to be based in Europe to be impacted by it. As long as your organization targets or collects data related to individuals in the EU, you must abide by the regulations. If you don’t, you can expect penalties reaching into the tens of millions of euros. The GDPR is large and far-reaching and may impact many areas of your company, including your marketing strategies. Consent and marketing under the GDPR Can my company capture consent in exchange for content? For example, can I collect an email address to download a white paper or register for a webinar? Yes, but… to do this, you must be very clear on the specific uses of the information you collect. Businesses must clearly state the purpose at the time information is collected. It’s unlikely any non-disclosed purposes will be consented to if challenged. For example, a company can’t use email addresses obtained solely for contest entry purposes to then market to the individual or, for that matter, share that information with partners. The exception is, of course, if the consumer was asked and specifically and actively agreed to this. Essentially, businesses need to be very specific when it comes to the intended uses of information collected. How should companies manage vendors? What are the key questions a marketer needs to ask email service providers (ESPs) to help them comply with GDPR requirements? If you’re just beginning your business dealings in the EU, you need to ensure your email service provider can comply. In short, ensure your ESP is aware of their obligations under Article 28 (3-f) of the GDPR and that they can help you demonstrate compliance. Setting up a comprehensive vendor assessment is also a good idea and it’s recommended companies put in place a data protection agreement, incorporating standard contractual clauses. Can companies still market to consumers with legitimate interests? Does “soft opt-in” still exist under the GDPR? The term “soft opt-in” is often used to describe how a company can market to existing customers. Provided you have fulfilled certain criteria, under existing regulations you can market to customers without their explicit consent if: You have already sold your goods and services to that individual They gave you their details and did not opt out of marketing messages You are emailing them about goods or services that are the same or similar to previous goods or services The “soft opt-in” rule means you may be able to email or text your own customers. However, it does not apply to prospective customers or new contacts, such as those from bought-in lists. It also does not apply to non-commercial promotions like charity fundraising or political campaigning. Seeking GDPR-compliant consent What is “stale” consent, and how does it impact my business? There’s a lot of buzz around “stale” consent. Stale consent is consent that was previously obtained, but that may not meet the GDPR’s new standards. For any instances that do not satisfy GDPR standards, companies should seek GDPR-compliant consent. Or, they should no longer use the earlier, acquired personal data. Requesting consent from individuals whose previously obtained consent doesn’t meet GDPR standards is known as a “re-permissioning” or “re-engagement” campaign. How does the GDPR impact data sharing between the EU and the U.S.? Are there any legal or other issues with accessing EU databases from the U.S.? In short, yes. The GDPR impacts data sharing between the EU and other parts of the world. As described in , companies in the U.S. and elsewhere outside the EU must have a legal transfer mechanism for receiving or accessing EU personal data. companies must evaluate the methods they use for receiving, transferring and importing EU personal data . They also need to document their transfer basis. Many U.S. companies self-certify to the EU-U.S. Privacy Shield Framework. In fact, has verified thousands of them. GDPR impact on lead generation and business cards How does the GDPR apply to attendee lists, either provided via email or business cards? Will trade show vendors need to change how they share attendee information? Attendee lists and delegate lists such as those provided at conferences and trade shows, webinars, webcasts and workshops can be used if: The entity collecting the data has obtained the consent of the data subject The entity collecting the data has informed subjects how their data will be stored, used and shared. It’s important to remember that personal data does not just relate to email addresses . It’s defined as any information that can be used to directly or indirectly identify someone. That can include their name, email address, photo, or computer IP address, but also information on medical conditions, dietary requirements and social media posts. Does the EU GDPR apply to my organization? The reach of the EU GDPR extends quite broadly and extends outside the EU depending on certain factors. Get validated by an independent third party that attests your privacy and data protection practices. ==================================================================================================== URL: https://trustarc.com/resource/7-privacy-by-design-guidelines/ TITLE: 7 Priceless Privacy by Design Guidelines | TrustArc TYPE: resource --- The concept of privacy by design was first introduced by the Canadian Privacy Commissioner as early as the 1990s. Since then, the importance of privacy by design in business has only increased. Lately, companies of all sizes are in the news because of data privacy violations. As a result, these brands often suffer reputation damage, even if the news got it wrong. Assuming most companies are not intentionally doing things wrong, what is happening? The data privacy landscape is changing A combination of governmental, media, and academic pressure is changing the way privacy is monitored by the community at large. There are now experts that are proactively looking for violations and using the mainstream media to get their message out quickly in a way to evoke change. It is no longer the average consumer you must consider in your risk calculation. So what is needed to achieve privacy by design? TrustArc has been helping companies to do it since 1997. Seven principles to incorporate privacy by design into your product design process Consider privacy at the design stage by examining how much information you are collecting and assessing whether you are collecting more information than what’s necessary to achieve your business goals. Incorporating data privacy at the design stage will reap benefits down the road in terms of earning the trust of your consumers, and potentially keeping your company from incurring the unexpected costs associated with not taking privacy into account. Ringleader was a company with a promising future but didn’t take data privacy into account at the design stage. They were forced to shut down because they didn’t incorporate privacy into their, otherwise very promising, MediaStamp advertising tech. Be clear with consumers about your practices. Explain your information and collection processes in an easy to understand notice. Most companies typically do this through a explaining what information you collect, how it is used, and to what third parties information is disclosed. The privacy policy should be easy to find. Make it accessible where information is requested such as on an order form. And it should be formatted so it’s easy to read on any device. For example, if the consumer is accessing your policy through a mobile app, the policy should be optimized for viewing through a mobile device. Provide consumers mechanisms to express their preferences about how their information is used, and how to access that information to correct, updated, and/or delete it. Examples of some of the types of controls you can provide to consumers: If you collect behavioral data to provide targeted advertising, you should give consumers an easy and effective way to express their preference to recieve targeted ads. personally-identifiable information , your company should provide a way a user to correct his/her profile or remove it. If you distribute software, consumers should have consented to install the software and then uninstall it completely from their systems. There are two types of accountability. Accountability , as well as accountability Posting a privacy policy outlining your privacy practices and giving consumers a mechanism to voice privacy-related concerns are a couple of ways your company can hold itself accountable to consumers. Put in place mechanisms that verifies whether your company is complying with its data controls and policies. Another layer if accountability is having an independent third party review and verify that your actual data privacy practices are consistent and comply with stated practices. A third party seal is a good outward indicator that communicates your company’s commitment to privacy and that your company is willing to hold itself accountable to its privacy promises. Make sure you have the processes in place to not only mange the data you collect but also to comply with your stated privacy promises. : such as customer service representatives, who access collected information in order to perform their job function : how long you need to retain the information you collect. Processes should be in place to periodically purge out-of-date or inactive customer records : what measures are in place to protect collected information. Consider things such as how you will protect systems from vulnerabilities, whether information needs to be stored in an encrypted format, and who requires access based upon job function. Processes should be appropriate for size of your business and the level of sensitivity of the information you collect and store on your systems. If you collect and store sensitive information like credit card numbers, you will need to take more stringent measures to protect that information than a company that collects only email addresses. 6. Partner and vendor risk management Know who you work with. Have a vendor risk management process for reviewing potential partners and vendors your company uses to provide services such as hosting, payment processing, email management, and advertising. These companies should have policies in place that are similar to yours to ensure the information you entrust to them is processed in a responsible manner. Ultimately your company is responsible for the information it collects, and this includes third parties that are processing information on your company’s behalf. Develop criteria and have processes in place to review potential partners and vendors looking at how they process and protect the information that will be provided to these companies. Your consumers are the reason why you have a business. They trust you will process their information for the purposes you stated in your privacy policy and do that in a responsible manner. Trust is built over time but can be lost in an instant. Your consumers might forgive you for one mistake but won’t be so forgiving them next time around. make sure you retain that trust is that you start to earn it from the outset – when you are designing your product or service. Privacy by design is a bigger challenge than it appears Largely this is because your company should think about it and invest into it in advance, before it finds itself in a Wall Street Journal article or in under investigation by a government regulator. Companies should, at minimum, create a privacy policy that accurately describes privacy practices, effective consumer control mechanisms to allow consumers exercise their preferences about their data, and processes to manage and protect the information collected. Furthermore, you should work only with trusted partners who do all the above. ==================================================================================================== URL: https://trustarc.com/resource/future-transatlantic-data-flows/ TITLE: The Future of the Privacy Shield and Transatlantic Data Flows | TrustArc TYPE: resource --- In March 2022, the EU and the U.S. struck an understanding on a revamped Privacy Shield data transfer agreement To allow Europeans’ personal data to flow to the U.S. once again, following the striking of the Privacy Shield agreement in July 2020. At the time, there were fears data was not safe from access by American agencies once transferred across the Atlantic. Approaching the end of 2022, the European Commission is set to spend six months approving a new Privacy Policy. The new transatlantic data agreement is expected to be ready around March 2023. Here’s how we got to this stage. The end of the privacy shield In December 2020, the Commerce Committee of the U.S. Senate held a hearing on the July 2020 decision, impacting the future of U.S.–EU data flows. The committee invited five experts to give evidence and respond to the senators’ questions. Back then, with the invalidation of the Privacy Shield, it was unclear when a new international agreement would come into play. While we now know it will likely be March 2023, the experts’ 2020 insights were revealing. The need for a data flow agreement The Privacy Shield was the most cost-effective and easy-to-use framework for data-related international trade. When the Schrems-II decision ended it in 2020, experts and senators stressed the need for a new data flow agreement – soon. It was particularly urgent to allow small business owners to continue international trade. After all, they make up over 70% of Privacy Shield certified companies and are essential to the U.S. economy. At the hearing, James Sullivan, Deputy Assistant Secretary for Services with the International Trade Administration of the U.S. Department of Commerce, said his team was already working with the European Commission to discuss a replacement Privacy Shield. He noted ongoing all-party talks, including within the OECD, to find common ground on government access restrictions. Meanwhile, FTC Commissioner Noah Phillips explained the increased legal uncertainty and costs for businesses following the Privacy Shield invalidation. The key to re-establishing data flows, he said, was in establishing a transparent exchange between legal frameworks around the world, and particularly between Europe and the U.S. Strong data privacy protections Victoria Espinel, President and Chief Executive Officer of BSA – The Software Alliance, told the committee that data trade often takes place without consumers being aware of it: perhaps when using email, exchanging HR data or shopping online. She said consumers should be able to rely on effective and strong data privacy protections. She noted that some level of signals intelligence by governments might be required. Privacy Shield: An academic view Professors Peter Swire and Neil Richards both spoke at the court proceedings leading to the Schrems-II decision. Swire said he believed the U.S. did offer an equivalent level of protection under the Privacy Shield. Some improvements could be made to individual rights under U.S. surveillance laws, he admitted. He advocated for a short-term, temporary deal to be approved before the end of the Trump Administration. This would buy time for a bigger and broader agreement to be negotiated. That could then involve legislative change in the U.S. and possibly in Europe. Richards encouraged the U.S. to seek an EU adequacy decision, and to initiate both privacy and surveillance law reform. this would be the best solution for U.S. small businesses , creating added value for the economy. The Schrems-II decision should be seen as an opportunity, he said, giving the U.S. the chance to regain leadership in privacy and data protection. During the Q&A, it was apparent that the development of a U.S. federal privacy law was supported. Many members of the committee thought it should be a priority of the Biden Administration. It may not solve all challenges, but adopting a strong federal privacy law would send a positive signal to the EU, increasing trust in the U.S. Richards stressed the current U.S. system of ‘notice and choice’ is no longer adequate. ‘Choice’ is often illusory, he said, and ‘notice’ is often unclear. Surveillance reform for data flow Espinel said the way forward was to create a global group of countries that share the same values, in order to reach agreement on what can and cannot be allowed in terms of government access to personal data. This raised issues of data localization, which some in the EU are for. But senators and experts thought data localization is ineffective in today’s global and digital economy. Plus, it increases the cost of doing business. Among like-minded countries, data localization requirements should not be needed. of the hearing and written evidence of experts is available via the website of the U.S. Senate. Hot Hot Hot – Executive Order – Start your Privacy Engines Listen as Dr. K Royal and co-host, Paul Breitbarth distill the various events that comprise the information on the European Commission site Department of Commerce statement from the Office of the Attorney General on the Data Protection review Board final rule As expected, and TrustArc predicted, those companies who remained in the Privacy Shield will have a transition plan. ==================================================================================================== URL: https://trustarc.com/resource/five-tips-managing-privacy-across-organization/ TITLE: Five Tips for Managing Privacy Across the Organization | TrustArc TYPE: resource --- Five Tips for Managing Privacy Across the Organization Building strong privacy partnerships: Five tips for managing organization-wide success Welcome to the Privacy PowerUp Series – designed to help professionals master the privacy essentials. This is infographic number ten of ten in the series. Learn how building privacy partnerships is key to ensuring data protection is integrated into every department and decision-making process. From fostering a privacy-first culture to setting concrete goals and embracing diverse perspectives, this infographic provides actionable steps to create privacy champions throughout your company. Download the infographic to explore these essential tips and start building a more privacy-conscious organization today. ==================================================================================================== URL: https://trustarc.com/resource/webinar-your-guide-to-understanding-global-privacy-control-preparing-for-ccpa/ TITLE: Your Guide to Understanding Global Privacy Control: Preparing for CCPA | TrustArc TYPE: resource --- Your Guide to Understanding Global Privacy Control: Preparing for CCPA Back in 2020, GPC was introduced in the CCPA as a way to help keep consumer information safe by allowing users to opt-out with a single click rather than manually selecting each opt-out. However, the recent create greater obligations for certain companies, specifically those that can identify known users and those that provide loyalty programs. Being unprepared for the new Global Privacy Control (GPC) obligations under the CPRA can open your company to risk. Prepare your business for compliance with GPC and other browser signals. This webinar will review: What is GPC & why is it important How does GPC impact your business and your customers under the new CCPA regulations? How to operationalize GPC requirements using software for your business Privacy Counsel, TrustArc Product Manager, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/global-privacy-control-known-user-consent/ TITLE: Global Privacy Control and Known User Consent: Technical Brief | TrustArc TYPE: resource --- Businesses can build trust with consumers (whether they’re existing or potential customers) by demonstrating they respect every individual’s privacy rights – and by making it as easy as possible for consumers to choose whether they opt in or opt out of their personal information being used to deliver targeted services and marketing. In California, businesses must get a consumer’s consent to share or sell their personal information – before this data is collected. CCPA/CPRA gives consumers the right to change their mind and withdraw consent (opt out) via forms on websites and apps or when a Global Privacy Control (GPC) Tech explained: What is global privacy control? The GPC was designed to make it easy for individuals to tell businesses, “Do not sell or share my personal information” It works as a universal opt-out mechanism to save consumers from having to click through notices or locate opt-out forms or pop-ups on individual websites they visit. They simply set up an Opt-out signal once in their preferred web browser or extension that supports GPC, such as by the Electronic Frontier Foundation, and the extension helps them automatically exercise their privacy rights. Privacy laws with global privacy control requirements The California Consumer Privacy Act ( ) and its amendments under the California Privacy Rights Act ( ) require businesses to respect consumers’ right to opt out from having their personal information sold or shared by a business to any other business. CCPA regulations (§999.315) “a business shall provide two or more designated methods for submitting requests to opt out, including an interactive form … and user-enabled global privacy controls, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicate or signal the consumer’s choice to opt-out of the sale of their personal information”. Other regulations, such as the and the European Union’s GDPR, are also set to include Global Privacy Control as an enforceable universal opt-out mechanism. The EU’s GDPR, like California’s CCPA/CPRA, already requires businesses to get opt-in consent from consumers. In Colorado, businesses must give consumers easy access to opt-out mechanisms via privacy notices and in other conspicuous locations. From July 1, 2024, under the Colorado Privacy Act consumers will have the right to signal opt out from targeted advertising, profiling, and sale/sharing of their personal data via (the Act’s terminology) a ‘Universal Opt-Out Mechanism’ – such as Global Privacy Control – which will be enforceable in the state. TrustArc technologies with ‘GPC detected’ and ‘known user’ features TrustArc is very focused on helping businesses build and maintain positive customer relationships by providing best practices and compliant privacy consent management technologies. TrustArc Customer Consent Preference Manager We continue to develop new features in TrustArc’s Consent & Preference Manager to help businesses streamline the consent preference experience for customers, while staying abreast of updates to privacy laws such as CCPA/CPRA with our centralized privacy regulation compliance platform. TrustArc Financial Incentive Notice Service “If a global privacy control conflicts with a consumer’s existing business-specific privacy setting or their participation in a business’s financial incentive program, the business shall respect the global privacy control but may notify the consumer of the conflict and give the consumer the choice to confirm the business-specific privacy setting or participation in the financial incentive program.” Configurable by TrustArc account managers, our Financial Incentive Notice gives customers easy-to-understand choices about a financial incentive program that requires opt in to trackers: – and therefore opt out of the financial incentive program and related tracking; or – keeping the customer enrolled in the financial incentive program and therefore allowing the business to track the customer so it can continue to deliver marketing, discounts and/or other customer loyalty benefits. software accelerates the set up and management of complex cookie activities for businesses across all domains while ensuring compliance with privacy laws in all countries they operate in. TrustArc’s Known User Feature addresses the to CCPA that becomes enforceable on March 29, 2024, which requires businesses to record and remember a consumer’s consent preferences across every device and browser they might use to provide a frictionless experience. The California Privacy Agency noted on February 3, 2023, in its Final Statement of Reasons “Subsection (c)(1) has been modified to add language that the opt-out preference signal shall be treated as a valid request to opt out of sale/sharing for any consumer profile, including pseudonymous profiles, that are associated with the browser or device for which the opt-out preference signal is given. “Additional language has also been included to further clarify that, if known, a business is also required to treat the opt-out preference signal as a valid request to opt-out of sale/sharing for the consumer. “This change is necessary to address the realities of how the internet works, i.e., sometimes the business may only know the consumer pseudonymously and other times they may match the online actions with an offline consumer. This modification ensures that the opt-out preference signal applies to both situations.” TrustArc solves the challenge of identifying customers and respecting their choices across devices and browsers with a Known User feature in our proprietary technology, which can be configured by a TrustArc Technical Account Manager on behalf of your business to ensure a frictionless consent choice experience for your customers – and compliance with CCPA amendments under CPRA. Get help from TrustArc For managing GPC signals and known user consent TrustArc’s privacy experts are committed to helping businesses understand and address privacy law updates – such as CCPA/CPRA rules when a GPC signal is detected – with a comprehensive and easy-to-search database of TrustArc Privacy Insights. ==================================================================================================== URL: https://trustarc.com/resource/ccpa-compliance-lessons-ag-enforcement/ TITLE: Critical CCPA Compliance Lessons to Learn from AG Enforcement | TrustArc TYPE: resource --- California AG announces first enforcement actions from the California Consumer Privacy Act (CCPA) Following an investigation into the privacy practices of Sephora surrounding its collection, use, and sale of consumers’ online activities and other personal information, the California Attorney General (AG) and Sephora agreed to a settlement. On August 24, 2022, the California AG announced its first enforcement actions arising from the California Consumer Privacy Act – marking a new dawn for CCPA compliance. In the settlement, Sephora agreed to become compliant with the CCPA in the following ways: Provide notice to consumers that clearly states that it sells their personal information and they have the right to opt-out of all sales To process consumer requests to opt-out signaled via the Global Privacy Control (GPC) To comply with the provisions of the California Privacy Rights Act (CPRA) related to providing notice of sale of consumers’ personal information and their rights to opt-out once the CPRA becomes operative on January 1, 2023 To establish a compliance program that enables businesses to adhere to assessment and reporting requirements to the AG for two years within 180 days To pay a $1.2 million settlement fine To conduct an annual regular review of its website and mobile applications to determine the entities with which it makes available personal information To enter into contracts that meet the requirements laid in CCPA for service providers (§1798.140(v)). Sephora must document this and include it in the annual report The settlement terms add a significant administrative obligation that Sephora must meet. These sanctions carry more than a financial cost in terms of fines; they also add to the executive and overall compliance costs. There’s a fresh spotlight on the immediate need for CCPA compliance with this for violating State laws. Simply put, non-compliance will only result in a long and painful road for businesses. This calls for a scrutinizing look at internal processes – adding time, cost, and other resources for course correction. In this competitive age, brands shouldn’t risk diluting trust with today’s informed and privacy-oriented consumers. The AdTech state of affairs – A very narrow scope Since its inception, the CCPA has granted California consumers the right to opt-out of a sale of their personal information. The CCPA defined sale as: “Selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.” One of the major challenges from this definition has been how to interpret or other valuable consideration. In the Sephora case, the AG and Sephora agreed to what appears to be a new term: Sale Using Online Tracking Technology In interpreting the definition of Sephora’s decision is very narrow and limited with respect to this new definition pertaining to just sales “Using Online Tracking Technology.” Earlier businesses had not been provided insight into what a sale would look like in the context of a company using online tracking technology. Pre-Sephora, businesses had to rely on the statutory definition of sale to interpret whether their activities fell within scope. Accordingly, the Final Judgment’s construing to include (but not limited to) receiving “personal information or other information such as analytics; or free or discounted services” only pertains to those involving the use of online tracking technology. Dissecting the non-compliance issues: 13 enforcement examples, and the Global Privacy Control (GPC) On the same day it released details about the Sephora settlement, the AG bolstered its case that CCPA compliance meant more than evaluating a and processing preference signals through The AG listed 13 new enforcement examples in its revised , making it a whopping 40 total examples that have been provided. While the details of the investigations are not made public, the examples provide insight into what is on the AG’s radar. To start, the AG’s enforcement focus did not zero in on any particular industry: consumer retail, hospitality, home improvement, technology, healthcare, medical devices, and the fitness industry. Some of the issues identified are not new A common theme for the AG continues to be finding non-compliant privacy policies, notice of financial incentives, and notice of collection. The importance of complying with the CCPA’s privacy notice requirements cannot be overstated. The latest examples include new issues not previously identified. For example, failure to honor consumer opt-outs of sales, no request methods; erroneous treatment of requests to know; required consumers to waive/limit CCPA rights; limited number of requests to know; and sale of personal information. The addition of new issues from the 27 previous examples should be a sign that the AG is willing to leave no compliance stone left unturned. Including challenging a covered business’s self-assessment of whether they but also testing those companies’ willingness to recognize signals sent via GPCs. The Global Privacy Control (GPC) Under the CCCPA, a business must configure its website to detect or process user-enabled global privacy control signals, such as using the GPC. (GPC) enable consumers to opt-out of all online sales in one fell swoop by broadcasting a ‘do not sell’ signal across every website they visit. These controls eliminate the need for consumers to click on an opt-out link each time manually. Organizations must treat such GPC opt-out requests the same as requests made by users who have clicked the Do Not Sell My Personal Information The AG’s complaint alleged Sephora was selling its consumers’ personal information. In Sephora’s case, consumers who made requests via the GPC did not have those requests processed. The enforcement action made it clear that brands should make sure consumers can easily opt-out of any of their personal information. Introduced in October 2020, GPC aimed to help consumers universally communicate their privacy preferences with ease on supported browsers. The initiative also received support from California AG back in January 2021. By July 2021, further backing support for GPC. In a fresh round of CCPA enforcement, the California AG office of Rob Bonta issued letters to several organizations for failing to comply with GPC requirements under CCPA. Harmonizing opt-out preference signal requirements between the states: A trend to watch If a website detects a GPC that signals a preference not to sell/ share PI, the website must block the PI from being sold or shared in a way that is consistent with the user’s GPC signal (ignore the signal’s “request to” to opt-out). Colorado and Connecticut have different requirements for whether businesses must recognize opt-out preference signals. Colorado’s Privacy Act (CPA) , the requirements around recognizing an opt-out preference signal are less onerous on controllers (or covered businesses in CA). Connecticut’s privacy law is more aligned with the CCPA, requiring controllers to recognize opt-out preference signals sent via a mechanism or platform In requiring businesses to recognize preference signals, the AG has pushed technology to catch up with the law, encouraging privacy-driven innovation. Allowed participating consumers to opt-out of targeted advertising by the companies in the NAI’s and DAA’s initiatives. The participation was voluntary, so of course the participation was limited. Consumers could opt-out in general, or consumers could opt-out individually. This arrangement didn’t stop the collecting of personal information or identifying the consumer. It prevented targeted advertising and wasn’t really a privacy solution because PI could still be collected. There was a mechanism used to send a consumer preference signal. Companies would adhere to the signal if they received it. So, many companies invested, and some browsers implemented the header. There was even a user interface where the DNT signal could be easily turned on or turned off globally. The downfall, however, was no legislation backed the DNT, which created a false sense of consumer protection. Present enforcement – Consent flows Today, consumer preferences are handled through Notice and Consent via cookie banners and multi-step consent flows. In some cases, cookie banners can be managed by going to opt-out cookie sites, which will require a browser to send signals to all companies that participate in the site, including those with websites we have never even visited. The downfall is that people become very confused and frustrated, creating a bad user experience. This is especially impossible to avoid with mobile browsing. In general, this is just an inconsistent enforcement mechanism. With legislation backing (CCPA, CPA, CTDPA) and an easy user experience, global privacy controls look to be the future of opt-outs. Consumers can either use browsers that have already implemented the GPC (Firefox, Brave, DuckDuckGo) or download a browser extension to send the opt-out preference signal. Beyond the fine – Immediate red flags for organizations For comprehensive CCPA compliance, organizations must perform multiple controls besides honoring GPC and Do Not Track signals. Besides Sephora in retail, businesses in fitness, technology, , and fintech, among other industries, have also been served notices for non-compliant opt-outs. Apart from opt-out issues within retail, organizations across industries have been served notices for numerous CCPA violations. latest round of CCPA investigations targeted businesses’ mobile apps that allegedly failed to comply with consumer opt-out requests or do not offer any mechanism for consumers who want to stop the sale of their data and businesses that are not recognizing authorized agent requests, including those made through the mobile app developed by Consumer Reports). Non-compliant Privacy Policy Notices Limited Number of Requests to Know Missing Do Not Sell/Sale of Personal Information Links Non-Compliant Verification Procedures Non-compliant Service Provider Contracts Untimely Responses to CCPA Requests And organizations have already taken or are undertaking measures to achieve CCPA compliance quickly. Non-compliant privacy policy and no request methods for CCPA compliance. Request Methods implemented Requests to know were incorrectly matched with requests to delete Request response process improved Delayed responses to CCPA requests to know and delete personal information. Outstanding requests addressed Systems updated to avoid delays The office of the AG does not generally release this information to the public about its investigations. With notices of noncompliance, firms have already started executing remedial measures. businesses must fix curable violations within 30 days of notification to avoid consequences! Immediate priorities: Your CCPA compliance checklist Sephora isn’t an isolated example. The AG is focused on the company’s abilities to operationalize CCPA with technical solutions. During the recent mobile app investigations, the AG specifically searched for a mechanism for consumers’ requests to opt out of the sale of their personal information. What primary steps must organizations take to ensure they remain CCPA compliant? Reevaluate whether you are “selling” personal information. If yes, reassess third-party contracts, privacy notices, and opt-out compliance. Assess whether policies are updated to disclose the sale of consumers’ Personal Information (PI). Is sufficient Notice at the Point of PI Collection provided? Review opt-out capabilities. Provide Notice of Financial Incentive (if applicable). Review processes of responding to requests and security considerations. Ensure disclosures to “service providers” meet CCPA’s contractual obligations. Review processes and verifications for accepting requests. Review Access and Individual Rights Management. Don’t forget mobile apps are within the scope of CCPA Even though the amended CCPA is not enforceable until July 1 – the CCPA regulation enacted in 2020 still applies, and enforcement is ongoing. AG Bonta explains that apps can access an array of sensitive information from mobile devices. “I urge the tech industry to innovate for good — including developing and adopting user-enabled global privacy controls for mobile operating systems that allow consumers to stop apps from selling their data.” Consumer trust trumps non-compliance As consumer-obsessed and privacy-driven organizations, brands are better off safeguarding themselves for CCPA compliance rather than taking the ’30-day rectification’ route. While brands are left understanding and researching the rules, authorities have started slapping fines. The time for research is behind; brands need to comply. And fast! A privacy-driven approach will only help fortify consumer trust. , the more stringent version of CCPA, is also expected to tighten the waters for businesses. Non-compliance and imprecise privacy programs will not suffice. Missing a compliance action plan for your organization? The California Attorney General’s enforcement examples serve as a warning and caution to businesses. More enforcement and actions are bound to follow suit, but organizations cannot afford a wait-and-watch approach. While deciphering the technicalities and nitty-gritty of achieving compliance may seem time-consuming and daunting, it doesn’t have to be. TrustArc has solutions to accelerate your path to CCPA Compliance Validation by passing a thorough evaluation of program-level measures and evidences to ensure that you and third-party vendors process personal information in compliance with the CCPA Evaluate tracking technologies on your website with the most mature Website Monitoring Manager Secure digital experiences with improved compliance risk identification and cookie analysis. Privacy-driven frameworks form the foundation for organizations that prioritize consumer preferences. With some insight into how brands should think about compliance, this is the time to act. Proactive businesses will be leading the pack on the road to CCPA compliance. Our privacy experts are ready to help your organization navigate the CCPA as amended by the California Privacy Rights Act. ==================================================================================================== URL: https://trustarc.com/resource/webinar-exclusive-sneak-peek-trustarcs-latest-ai-innovations/ TITLE: Exclusive! Sneak peek - TrustArc's latest AI innovations | TrustArc TYPE: resource --- Exclusive! Sneak peek – TrustArc's latest AI innovations There’s no question the AI wave is here to stay. Regulators, organizations and consumers are all dealing with the acceleration of AI adoption in different ways. Regulators are rushing to create and pass standards and laws like the EU AI Act, NIST AI RMP and OECD AI Principles to guide how organizations can and should adopt transparent, accountable AI practices to protect consumer privacy. For consumers, despite acknowledgement around the increasing value of AI, 60% of consumers say they have lost trust in how AI is used by organizations. Leaving organizations in the middle trying to keep up with upcoming regulations, drive AI adoption in their business process and products, and maintain consumer trust. Introducing two innovative solutions designed to help organizations navigate the shifting AI landscape: TRUSTe Responsible AI Certification – The first AI certification designed for data protection and privacy. Crafted by a team with 10,000+ privacy certifications issued, this framework integrates industry standards and emerging laws for responsible AI governance. NymityAI – Your personalized privacy legal navigator to help you learn the law faster and easier – with confidence. Join TrustArc and DoubleVerify experts on this webinar to learn how to establish responsible AI governance and instill trust in your partners, consumers, and customers around AI use and privacy data protection. How TRUSTe’s Responsible AI Certification will help you demonstrate accountable AI data governance that is fair, transparent, and secure How to save time and work smarter in understanding regulatory obligations, including AI How to operationalize and deploy AI governance best practices in your organization General Counsel & Chief Privacy Officer, TrustArc VP, Chief Privacy Officer, DoubleVerify Chief Assurance Officer, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-unlocking-ai-potential-leveraging-pia-processes-for-comprehensive-impact-assessments-in-ai/ TITLE: Unlocking AI Potential: Leveraging PIA Processes for Comprehensive Impact Assessments in AI | TrustArc TYPE: resource --- Unlocking AI Potential: Leveraging PIA Processes for Comprehensive Impact Assessments in AI Artificial Intelligence (AI) has emerged as a transformative force in various industries, from healthcare to finance and beyond. While AI offers incredible opportunities, it also raises ethical, legal, and social challenges that must be addressed. To navigate this complex landscape in the world of privacy, it is crucial to conduct comprehensive Privacy Impact Assessments (PIAs). Conducting PIAs in this dynamic and evolving world of AI has brought new challenges to the privacy world. With AI increasingly being integrated into different areas of our lives, understanding the intersection between AI and PIAs is essential for any organization to ensure they are privacy forward. Take advantage of this opportunity to gain a comprehensive understanding of AI impact assessments and their role in shaping the future of AI. In this insightful webinar, our experts will explore the power of Privacy Impact Assessments (PIAs) in ensuring development and deployment. Key topics that will be covered include: PIAs demystified (why they are essential in the context of AI) Explore the evolving legal and regulatory landscape governing AI and privacy, including GDPR, CCPA, and other international standards Best practices for conducting effective PIAs in AI projects Future outlooks for AI and PIAs Head, Customer Enablement & Principal, Data Privacy, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/training-awareness-checklist-for-working-with-ai/ TITLE: Training & Awareness Checklist for Working with AI | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/benefits-risks-large-language-models-llm-ai-privacy-compliance/ TITLE: The Benefits and Risks of Using Large Language Models (LLM) in AI for Privacy Compliance | TrustArc TYPE: resource --- Artificial Intelligence (AI) is a top news story for consumers and businesses alike. Generative Pre-Trained (GPT) models and Large Language Models (LLM) such as Microsoft’s ChatGPT and Google’s Bard lead the pack of impressive publicly available software services that have rapidly changed the face of search and recommendations in the digital sphere. They generate text, translate languages, write creative content, and answer questions in a convincing way. We have come a long way in 30 years! One of the first and most popular consumer websites was born in 1993: https://www.allrecipes.com/ , where consumers could search, share, and later rate recipes online. Today, LLMs are changing the game. Rather than finding and searching through a vast and neatly organized list of recipes, then assembling what you need. Consider trying something as simple as this on https://bard.google.com/u/1/ “I’m having a Thanksgiving Day meal with family and friends. What is a reasonably priced, delicious, and unique meal I can serve for eight people? List out the ingredients, the amounts, and instructions I should follow with eight people in mind.” Business benefits of LLMs LLMs can be used to increase the efficiency of AI systems by automating tasks that would otherwise be time-consuming and labor-intensive. This can free up resources that can be used to focus on other aspects of privacy compliance. LLMs can be used to stay on top of privacy issues across various regulatory regimes, generate ideas, and help communicate concepts around privacy that would be traditionally laborious. Generally, in the hands of a domain expert that can readily spot truthful and helpful up to date information, AI can assist compliance with privacy regulations. Generally, AI promises increased efficiency and enhanced creativity. Nonetheless, there are considerable risks associated with using LLMs in AI, including risks to privacy. Our 2023 TrustArc Privacy Benchmarks Survey results revealed that among 18 potential challenges, “artificial intelligence implications in privacy” ranked #1. So why are privacy professionals worried about AI? Data protection and security risks of LLMs LLMs can be used to collect and process large amounts of personal data, to correlate among disparate systems, and to index and track individuals. While targeting with relevant advertising may be laudable from a business perspective, it also leaves wide open the possibilities for intentional or unintentional privacy breaches that consumers have not consented to. Model bias and discrimination: LLMs are trained on large datasets of text and code. These datasets can contain biases, which can be reflected in the output of LLMs. This could lead to LLMs making discriminatory decisions, such as denying loans or jobs to certain groups of people. LLMs are complex systems that are vulnerable to security attacks. If an LLM is hacked, the attacker could gain access to the personal data that it has been trained on. This data could then be used to commit identity theft, fraud, or other crimes, including the unauthorized disclosure of personal data. An attacker could intentionally introduce malicious data into an AI model, which could cause the model to make incorrect and/or harmful decisions. When it is difficult to understand how an AI model makes its decisions, it can be difficult to ensure that the model is making a fair and accurate representation of facts. Incorrect or false results: LLMs regularly generate incorrect or false results, as their actual output is a probabilistic display of information that is programmed to read convincingly. Outputs include regular “hallucinations,” including fabricating false insights, as well as not necessarily having the most recent or up-to-date data. To learn about mitigating the risks of using AI, read: Embracing the AI Revolution Responsibly: Elevating Privacy Impact Assessments (PIAs) to AI Governance Recent developments in proposed AI regulations To counter these concerns, new AI related legislations are rapidly being drawn up. establishes a framework for the development and use of AI systems in the European Union. The regulation would include provisions on privacy and cybersecurity, such as requirements for data protection impact assessments and risk management. The UK AI Act is a proposed law that would regulate the development and use of AI systems in the United Kingdom. The law would include provisions on privacy and cybersecurity, such as requirements for transparency and accountability. Canada Artificial Intelligence and Data Act (AIDA) i s a proposed law that would regulate the development and use of AI systems in Canada. The law would include provisions on privacy and cybersecurity, such as requirements for consent and data protection. NIST AI Risk Management Framework is a set of guidelines developed by the National Institute of Standards and Technology (NIST) that can be used to help organizations manage the risks associated with AI systems. The framework includes guidance on privacy and cybersecurity, such as requirements for data protection and risk assessment. ==================================================================================================== URL: https://trustarc.com/resource/privacy-impact-assessment/ TITLE: Mitigate Risk, Protect Consumer Data With a Privacy Impact Assessment | TrustArc TYPE: resource --- Not too long ago, privacy was an after-thought. Something that most customers and companies weren’t overly concerned about. Now, most consumer concerns around connected devices include privacy breaches and unauthorized information gathering. Company privacy departments have grown from one person to an entire staff. Conducting a Privacy Impact Assessment (PIA) is a common process to ensure consumer data is collected safely and transparently while mitigating risk for the organization. Risks are identified and assessed while privacy and security teams act to minimize privacy risks for specific products, services, and systems. The assessment serves to help companies see where they stand in terms of privacy practices, thereby also helping companies protect consumers’ personal data Big data presents many commercial business opportunities but must be mined safely. Several high-profile companies have made headlines for privacy breaches, and although it’s possible to recover, it can be a long and slow process. Businesses of all sizes should consistently conduct PIAs. For companies that want to be around long-term, data privacy is not an option. Consumer privacy concerns In the past, TrustArc conducted numerous surveys asking people about their thoughts regarding smart technology, connected devices, and privacy issues. It’s clear from our surveys and external research that consumers are concerned about privacy , and businesses need to alleviate those concerns. 65% of American consumers say they are slightly or not at all confident that personal data is private. 96% of Americans agree that more should be done to ensure that companies protect consumers’ privacy. 62% of smart product owners worry about the potential loss of privacy. A company’s privacy team is responsible for ensuring that the organization uses personal data ethically and in a way that’s consistent with the company’s privacy policy. Before starting a Privacy Impact Assessment (PIA) To handle personal data, organizations must be as transparent as possible with customers while providing notice about how they will use customer data. If you give customers choices and control over how their personal data is used, they’re more likely to provide information and trust the organization. Examples of personal data include contact information, social security numbers, driver’s licenses, financial account information, individually identifiable health information, log-in credentials, device IDs, browsing habits, and personal preferences. Many businesses collect data without even thinking about it. Nevertheless, it’s vital to be aware that you’re collecting this information and ensure its protection. Agree on a budget and clarify the PIA expenses to be incurred throughout this process before you start. Factor in the ROI of reducing the company’s risk These expenses typically include consulting fees, tools to automate the assessment process, and employee labor to conduct the assessment. For start-ups, employees sometimes abandon the process to put-out fires and launch other projects. All companies to set realistic timeframes and schedule regular meetings to monitor assessment progress. The privacy office will need an adequate number of employees to support the PIA process, which needs cross-department support on occasion. Assembling the right PIA team is essential to conducting a successful assessment. Some of the members a PIA team should include are: An executive responsible for the budget for the PIA – perhaps the CISO, CIO, DPO, CPO, or CTO. Privacy office staff to lead the effort and track daily progress. Product managers, IT managers, and marketing managers. Members of the company’s legal team who are experts in data privacy. External privacy consultants to offer outside perspective and help ensure compliance. Six steps for conducting Privacy Impact Assessments Identify the need for a PIA with a Privacy Threshold Analysis Describe the data flows by data mapping Identify and assess privacy risks Identify and evaluate the solutions (remediation) Sign-off and record PIA outcomes Integrate the PIA outcomes back into the PIA plan of record Conducting a PIA is an efficient way for a company to evaluate its privacy practices and pinpoint any weak areas. The first step in the PIA process is identifying the need with a Privacy Threshold Analysis Analyze each business asset and the privacy concerns surrounding those assets to determine the potential privacy impact. The questions in the threshold analysis are high-level, and the answers will determine which assets collect data in a way that needs further analysis. If the answers to the threshold analysis demonstrate that personal data is collected and used in a manner that requires further analysis, then the privacy team will fill out a PIA questionnaire. This questionnaire is more specific regarding the nature of data collection and other data practices. This initial process helps determine the scope of the assessment. Answers to the assessments analyze the collection of personal data, the sources of information collected, the intended use of the information, if it’s shared with any third parties, and the mechanism for individuals to grant or decline their consent. Meticulously examining high-level privacy practices from the very start of this process will ensure the accuracy of the PIA. Going forward, the PIA will dive deeper into a company’s privacy practices. Describe data flows with data mapping The second step of a PIA is to describe the information flows, Using a data map, organizations can ensure executives – in addition to the privacy team – know how data flows through their organization By examining the data map, those conducting the PIA can focus on how data flows into, through, and out of an organization – and identify any gaps where data is not protected. Data mapping also precisely answers why data is collected, where it’s stored, who can access it, and other important questions. Identify and assess privacy risks The third step is to identify and assess privacy-related risks. After creating the data map, it can become easier to identify where potential risks in the data collection process are for the organization being assessed. To start identifying risks, examine: where notice and choice to an individual are not adequate when security controls are insufficient and when data quality is compromised This step helps communicate to executives and stakeholders the exact privacy risks that the organization could face. Step 4 is to identify and evaluate solutions for privacy gaps that were discovered in the initial steps. Experts should create a remediation plan and determine which features must be implemented. Prioritize outstanding privacy risks that need to be addressed and changes to any privacy policies, procedures, or processes. Some risks will require escalation to executives with the authority to execute the solution. Follow the documented remediation plan so you can later demonstrate how the organization address known privacy risks. Sign-off and record PIA outcomes The remediation plan from step 4 is recorded for future use as the PIA plan of record. A compliant business will document the problem and solution in detail , except for data covered under the non-disclosure agreements. The main value of the plan of record lies in keeping it accessible and useful for the next time the same product or activity is up for review or if a problem arises. Maintain the plan to preserve its value. Integrate outcomes into the PIA plan of record The final step is to integrate the outcomes back into the PIA plan of record. Essentially, to fill the identified gaps. This document lists the people responsible for overseeing the remediation effort and clarifies the steps required to remediate risk. Don’t miss the opportunity to record the lessons learned to reduce the risk of future issues. A carefully maintained PIA plan of record details the ground that has already been covered and reduces the risk in future efforts to gather information. Data Mapping & Risk Manager Automate data mapping and ROPAs to generate data flow maps for compliance. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. ==================================================================================================== URL: https://trustarc.com/resource/legitimate-interests-data-processing/ TITLE: 4 Boxes You Must Check Before Leveraging Legitimate Interest as Your Basis for Data Processing | TrustArc TYPE: resource --- as the basis for processing data? The GDPR, Brazil LGPD, Thailand PDPA, and many other privacy regulations around the globe require that organizations determine the legal basis for processing individuals’ data (customers, employees, etc.) as part of their business operations. states that processing shall be lawful only if at least one of the following applies: data subject consent has been obtained; processing is necessary for the performance of a contract; processing is necessary for compliance with a legal obligation, to protect someone’s life or to perform a task in the public interest; or the processing is necessary for your legitimate interests. The three most common applicable bases for processing are consent, the performance of a contract, and legitimate interests pursued by the controller or a third party. Which basis makes the most sense for your specific data processing activities? Companies have had to change how they approach consent to ensure they are clear and concise about their reasons for processing. For example, use this test to determine whether consent is your legal basis. Are company operations impossible to conduct without consent? If so, then it’s not the right basis for that activity. As laid out in the GDPR, the performance of a contract is a criterion the data controller can utilize in order to process data. While performance of a contract seems simple, there can be danger in an overly broad interpretation of what is within the scope of a contract. Be mindful to not stretch your contract basis outside of its limitations. Leveraging legitimate interest as the basis for processing data Legitimate interest is a preferred approach for many organizations because of its flexibility and applicability to any reasonable processing purpose. In contrast, other legal bases of processing, such as demonstrable consent, center around a specific purpose the individual agreed to. Legitimate interest is closely related to what that data subject can expect out of that relationship with the controller, which should be extremely clear If you choose to rely on legitimate interests, you are taking on extra responsibility for considering and protecting people’s rights and interests. Organization’s should conduct a Legitimate Interest Assessment (LIA) by by performing a Reasonable exceptions for legitimate interest can be shaped by transparency and clarity. The four boxes you must check to leverage legitimate interest Box 1. The processing is not required by law but is of a clear benefit to you or others. An online retailer can promote a pair of sunglasses to someone browsing in hot location during the peak of the summer season. Alternatively, an online store might use a visitor’s location data to offer a limited-time free shipping offer to the visitor’s area. Box 2. There’s a limited privacy impact on the individual. Most websites collect their visitors’ browsing data to optimize performance for the user. Often, this aligns well with the Legitimate Interests provision. Collecting this data doesn’t pose a threat as long as it is anonymized. Box 3. The individual should reasonably expect you to use their data in that way. Some businesses will want to send communications via email or SMS to remind clients of upcoming appointments. While it always needs explicit consent, most individuals expect their data to be used in this way. Box 4. You cannot –or do not want to– give the individual full upfront control (consent) or bother them with disruptive consent requests when they are unlikely to object to the processing. The use of second-party and third-party data can provide insights about the demographics of customers. This data can be used to identify target segments with personalized content. When processing this data, you may not want to have to give full control over to the individual to determine what messages they want to receive, as they’re likely relevant to the person. Do the benefits outweigh the risk for processing data? Checking off each of these boxes is the single most complex aspect of leveraging legitimate interests as your basis for processing data. Conducting a legitimate interests assessment is challenging because the logic to determine whether the benefits significance outweighs the risk to individuals is complex. If the benefits outweigh the risks, then the organization may use legitimate interests as its basis for processing data. challenging part is that companies must quantify each side of the scale within subcategories of benefits and risks spend hours creating a spreadsheet to perform a balancing test for each business process that the company wants to establish legitimate interests as its basis for processing. When multiplied by the total number of business processes a company has, the amount of time spent creating balancing tests could quickly amount to dozens or hundreds across the organization. Understand the practical steps to manage the EU General Data Protection Regulation, including a compliance roadmap for implementation with the Essential Guide to the GDPR ==================================================================================================== URL: https://trustarc.com/resource/exploring-the-world-of-u-s-childrens-privacy/ TITLE: Exploring the World of U.S. Children’s Privacy | TrustArc TYPE: resource --- In a heavily digital era, children’s online privacy has never been so crucial due to the ease of accessibility to the Internet. Children’s data is usually considered sensitive because they are a vulnerable demographic. They may not understand the risks of data processing and the impacts on their online privacy and, therefore, be unable to provide informed consent. Children’s Online Privacy Protection Act , set the standard for protecting children’s privacy by providing them and their parents with safeguards to maintain their privacy online. While additional federal legislation is currently in the works, several states are busy drafting and enacting state-specific legislation to bolster children’s protections, such as consumer privacy laws that include provisions relating to children’s data, Age Appropriate Design Codes, and laws exclusively concerning children. With so many state-specific laws, it’s paramount to keep track of and be aware of your obligations across states. This article compares and contrasts children’s privacy laws and highlights key privacy requirements to help you stay on top of your children’s data responsibilities. Federal children’s privacy requirements COPPA specifically applies to operators of online websites and services oriented for children under the age of 13 who collect, use, and/or share their personal information, including operators with actual knowledge that they are processing data from children under the age of 13. Some key requirements for operators include providing a privacy notice on their website and directly to parents explaining their activities of children’s data processing, developing procedures to obtain verifiable parental consent, and providing parents the right to review their child’s personal information in their possession, including the opportunity to refuse further data collection/processing. However, as technologies become increasingly advanced, operators are finding new ways to collect information from children and teens. In response, proposed amendments are being made to COPPA through the Children’s and Teens Online Privacy Act (COPPA 2.0) . This act passed the Senate on July 29, 2024. COPPA 2.0 adds a new definition of ‘teens,’ which is defined as an individual over the age of 12 and under the age of 17. The amendments require the exercise of standard data processing principles, such as data and purpose limitation. They prohibit operators from disclosing to third parties or collecting children’s and teens’ personal information for targeted advertising. Operators are also required to develop a mechanism that enables users or their parents to erase personal information of a child or teen from their website. The Kids Online Safety Act (KOSA) KOSA is another federal bill that’s highly anticipated, which recently passed the Senate on July 29, 2024. The main difference between COPPA and KOSA is that KOSA focuses on governing the use of algorithms and displaying certain content to children by social media providers. Key requirements under KOSA mandate that providers offer mechanisms for parents to flag harmful content on the platform. Providers must also supply tools that allow parents to monitor their child’s online activity. They are required to disclose information to parents about how children’s data is processed within their algorithms. Additionally, KOSA prohibits advertising products or services to children that are illegal to sell to them. Navigating state children’s privacy requirements More and more states are proposing consumer privacy laws, while 20 have already signed their laws. Most state laws have several overlapping requirements related to children. defining the age of children under 13, enabling parents/guardians to exercise consumer rights on behalf of a child, strictly allowing the processing of childrens’ sensitive information only when COPPA requirements are met, and establishing consent requirements for processing children’s data for marketing purposes. However, there are nuances in some state laws that are worth flagging. Colorado is a unique state as it’s the only state whose consumer privacy law includes a separate definition of ‘minor’, defined as any consumer under the age of 18. It also provides an exclusive definition of ‘heightened risk of harm to minors’ and an impact assessment must be performed in the event of such risk on the online product or service. The law prohibits certain activities when providing online products, services, or features, such as prohibiting: processing without consent from the child or parent for secondary purposes, processing data for longer than necessary, using deceptive design patterns to extend a child’s online activity, and deploying direct messaging features without applying safeguards to limit an unconnected adult from sending messages to a child. Colorado and Virginia prohibits the collection of childrens’ precise geolocation data, unless the data is necessary to provide the online service and is collected/retained for a limited time, a child is provided a signal informing them about geolocation data collection, and consent from the child or parent has been obtained. Similar to Colorado, some states provide their own definition of a ‘minor’, also defined as an individual under 18, including in: California’s Protecting Our Kids from Social Media Addiction Act; Tennessee’s Protecting Children from Social Media Act; Utah’s Social Media Regulation Act; and New York’s Children’s Data Protection Act and Stop Addictive Feeds Exploitation Act. ’s consumer privacy laws, and Delaware’s Online Privacy and Protect Act , provides a different requirement for processing children’s sensitive data. It is prohibited to process such data unless consent has been obtained from a parent/guardian and processing requirements, including consent requirements, under COPPA are met. States who have signed their consumer privacy law into law include California, Virginia, Colorado, Connecticut, Utah, Oregon, Texas, Florida, Montana, Iowa, Delaware, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota, Maryland, Indiana, Kentucky, and Rhode Island. The need for more children’s privacy laws is gaining momentum, and seven states have stepped-up their commitment to do so. Notably, proposals for Age Appropriate Design Codes (AADC) are garnering popularity after California was the first to propose and enact its AADC , followed by Maryland in enacting its AADC, and other states such as Illinois, Oregon, and New Mexico who have already put their draft AADC on the table. While the ultimate goal for pumping out these laws is for the best interest in protecting children on the internet, there have been debates whether these laws are unconstitutional. In 2022, NetChoice, an association consisting of large media companies that promote online speech, hit California’s Attorney General with a lawsuit for its AADC, as well as Utah for its SMRA in 2023, alleging that the fundamentals of these laws that regulate childrens’ access to online services contravene the U.S. First and Fourth Amendments, concerning freedom of speech. The aftermath of these lawsuits resulted in an approved preliminary injunction on California’s AADC , effective July 1, 2024, and a pushback of Utah’s SMRA effective date from March 2024 to October 1, 2024. State-specific laws governing children’s online privacy Most states don’t have exclusive laws concerning children’s privacy, except for: California’s AADC, Protecting Our Kids from Social Media Addiction Act (POKSMAA), and Act relating to Minors Online (AMO); Maryland’s Age Appropriate Design Code; Florida’s Protection of Children in Online Spaces Act (PCOSA) and Act relating to Technology Transparency (ATT); Delaware’s Online Privacy and Protection Act (OPPA); Tennessee’s Protecting Children from Social Media Act (PCSMA); Utah’s Social Media Regulation Act (SMRA); and New York’s Children’s Data Protection Act (CDPA) and Stop Addictive Feeds Exploitation (SAFE) Act These children’s privacy laws provide additional protections not contained in the consumer privacy laws , which establishes more stringent safeguards, as shown in the table below: Provision of Parental Controls Allow parents to prevent children from accessing or receiving notifications at specific hours. Limit the time children spend on addictive feeds. Limit children’s visibility of feedback such as likes on addictive feeds. Set child’s account to private mode. Provision of Parental Controls Allow parents to view account privacy settings. Set time restrictions for social media access. Enforce breaks from social media. Provision of Parental Controls Allow parents to view child’s posts, responses, and messages. Set curfew restrictions, typically from 10:30 PM to 6:30 AM. Restrictions on Sending Notifications Notifications are prohibited from being sent to minors between 12 AM to 6 AM and 8 AM to 3 PM without parental consent. Restrictions on Sending Notifications Prohibits sending notifications to minors between 12 AM and 6 AM without parental consent. Data Protection Impact Assessments (DPIA) Requires DPIA every two years to assess risks to children and develop mitigation plans. Conduct DPIA to assess data use and ensure it’s in the best interest of children. Review material changes every 90 days. Estimate the age of children and do not use their data for secondary purposes. Do not use age verification data for secondary purposes and delete it after use. Similar to California and New York, age verification data must not be used for secondary purposes. Verify the age of new account holders and seek parental consent. Allow parents to revoke consent if needed. Prohibitions on Marketing and Advertising Prohibit marketing of harmful products like alcohol to children on online services. There are so many more nuances and requirements in the field of children’s privacy. Find everything you need to know and the hottest developments in Privacy Simplified: U.S. Children’s Privacy page Join the premier regulatory database with digestible legal summaries covering 244+ global jurisdictions written by trusted privacy and legal experts. ==================================================================================================== URL: https://trustarc.com/resource/uk-data-privacy-laws-post-brexit/ TITLE: Data Privacy Laws: United Kingdom Adequacy Decision | TrustArc TYPE: resource --- Updates to UK data privacy laws post-Brexit Data privacy laws that apply to organizations transferring data into and out of the United Kingdom (UK) continue to be updated since Brexit. In general, the data protection rules in the European Union General Data Protection Regulation apply in the UK too, with some differences. Some of the key dates include: from the European Union (EU) January 1, 2021 – Brexit applied in principle, triggering changes to many of the rules that apply between the UK and EU May 1, 2021 – Brexit officially came into force and the UK became a third country under the General Data Protection Regulation (GDPR) June 28, 2021 – the European Commission approved two adequate provisions related to data privacy for the UK: one under the GDPR and the other under the European law enforcement directive – these decisions apply for four years September 2021 – the UK Government announced plans to grant adequacy decisions to international partners July 18, 2022 – UK Data Protection and Digital Information Bill (143 2022-23) was introduced to update and simplify the UK’s data protection framework. June 2025 – the European Commission’s data protection and privacy adequacy provisions for the UK will be up for renewal UK data privacy laws now closer to Europe’s GDPR The European Commission’s adequacy decisions confirm the UK offers a level of data protection that is to that in the EU under the GDPR. These decisions mean the data protection system in the UK post-Brexit will continue to be based on EU standards, just as it was when the UK was a member of the EU. Therefore, personal data can continue to flow freely from the EU to the UK for four years (until June 2025), without the need for extra protections or regulator approval. The free flow of data in the other direction, from the UK to the EU, had already been confirmed by the British government at the time the UK stopped being a member of the EU. how UK privacy laws changed after Brexit How does GDPR apply in the UK? The EU’s GDPR introduced a wide ranging data privacy law for individuals and organizations based on the principle that ‘the protection of natural persons in relation to the processing of personal data is a fundamental right’. The GDPR gives individuals in the EU more rights to access, delete and/or control the use of data relating to them. The GDPR covers all interactions where data might be collected and/or analyzed inside the EU – it doesn’t matter where your company and its online channels are located. Companies that want to transfer data across borders between the UK and the rest of the world must now ask every person they interact with online for the same kinds of permissions as they would in the EU. The UK data protection system includes strong safeguards for access of personal data by public authorities in the UK. Here are some of the main points to remember: Data collected by intelligence agencies must (in principle) be authorized by an independent judicial body, and any measure must be to the objective (e.g., state security) Any data subject (organization, company) that feels the surveillance was unlawful can take action in the Investigatory Powers Tribunal The main exclusion is for data transfers related to the UK’s immigration control, which was considered as part of the GDPR adequacy decision The UK still comes under the jurisdiction of the European Court of Human Rights and must adhere to the European Convention on Human Rights Automatic processing of personal data must meet data privacy compliance rules set by the Council of Europe – this is the only binding international convention for data protection and was key to the adequacy decision The European Commission will review data privacy compliance in the UK in June 2025 – and if the commission renews the adequacy decision, adoption of the EU GDPR rules will start all over again Concerns remain about data privacy laws in the UK The European Commission’s adequacy decisions were made with little time to spare on June 28, 2021 – just two days before the Brexit transition arrangement for data protection expired on June 30, 2021. On the plus side: organizations could rely immediately upon the adequacy decisions. On the negative side: the commission set a sunset clause for the adequacy decisions to expire in June 2025, unless explicitly extended. The main concerns with how the GDPR applies in the UK include: More changes to GDPR compliance in the UK – The UK Government is pursuing an aggressive economic agenda to welcome foreign investments and so it believes the country needs more flexible data protection laws to support this aim.Since the European Commission announced the adequacy decisions the UK Government has continued to push for more flexibility in data privacy compliance obligations, including giving more room for organizations to use artificial intelligence. Critics of the UK Government’s plans for more flexible data privacy compliance have stated the GDPR is misrepresented as a mostly consent-based framework. Not surprisingly, the European Commission has made clear it is monitoring the UK’s data protection laws and practices, the handling of onward transfers from European data to non-European Economic Area countries (e.g., the US). If the Commission finds the UK allows real divergence from GDPR it can repeal the adequacy decision. Challenges to the scope of UK government access and surveillance laws – Although the adequacy decisions considered these UK laws, both the European Parliament and the European Data Protection Board have raised multiple questions about the intrusive nature of the UK’s surveillance laws.Clearly the Belgacom hack by British spies has not yet been forgotten. Also, given the close cooperation between the US and UK services, some critics are surprised the UK’s data privacy laws were signed off by the European Commission less than a year after the decision of the Court of Justice to strike the Privacy Shield off the books. It is no secret several non-profit civil rights organizations are eyeing possible legal challenges to the commission’s decision. The UK government’s publicly stated position on reform for data protection laws is to have them based on common sense – not box ticking for compliance in the EU. Review your GDPR dataflows that involve the UK Organizations handling personal data into or out of the UK can take the following actions: Identify all processing activities involving GDPR personal data being transferred to the UK – even indirectly. Stay on top of arrangements between UK processors and respective controllers or upstream processors. Even though the Commission’s adequacy decision generally means data can flow freely, the rules could change overnight, especially if the Court of Justice of the EU is asked for a decision. A potential departure of British laws from the EU’s expectations will be easier to predict. TrustArc customers can get updates about the legal situation in the UK via . There are few alternatives available, especially given the new standard contractual clauses for international transfers as adopted by the European Commission cannot be used if a processing operation is directly subject to the GDPR. UK data privacy laws mean you must appoint UK and/or EU representatives Post-Brexit, organizations need to pay close attention to UK data privacy compliance requirements under Article 27 of both the EU GDPR and the UK GDPR – these provisions require organizations to appoint an official representative in the UK and/or EU if they are not physically established in the UK or EU respectively. Here are some examples of how these rules apply: A US organization with a UK subsidiary is now required to appoint an EU representative to comply with EU GDPR An EU company doing business in the UK without a local establishment in the UK must appoint a UK representative to comply with UK GDPR A Chinese company without any European base that previously relied on its EU representative will now need to add a UK representative to comply with UK GDPR Learn from TrustArc about International Data Transfer Privacy Compliance We know navigating international privacy regulations can be challenging, so we offer a range of guidance and services to help your organization manage data privacy compliance in other regions such as the UK and Europe. Are you managing international data transfer risks? ==================================================================================================== URL: https://trustarc.com/resource/connecticut-personal-data-privacy-and-online-monitoring-act/ TITLE: Understanding the Connecticut Personal Data Privacy and Online Monitoring Act | TrustArc TYPE: resource --- What does the Connecticut Privacy Law mean for businesses? Connecticut passed the fifth US State privacy law on May 10, 2022. The Connecticut privacy law will apply to persons that conduct business in Connecticut or that produce products or services that target Connecticut residents. For businesses operating in Connecticut or across the US, there are some key differences in Connecticut’s law worth your attention. Heads up small businesses There is no minimum revenue requirement for applicability. Thus, small businesses may be subject to the Whether the Connecticut law applies depends on the amount of consumers’ data collected and processed and how the data is classified in a calendar year. The Connecticut Personal Data Privacy and Online Monitoring Act applies to businesses that: Control or process the personal data of 100,000 or more Connecticut residents. Consumer data that is exclusively controlled or processed for the purpose of completing a payment transaction is excluded from that minimum threshold. Control or process the data of 25,000 or more consumers and derive more than 25% of its gross income from the sale of personal data. Sale is broadly defined to include monetary along with valuable consideration. How will the Connecticut Privacy Act be enforced? The Connecticut Privacy law will be effective on July 1, 2023. But until December 31, 2024, there will be a mandatory 60-day cure period. During this time, the Attorney General (AG) can’t enforce a violation if it is cured within that time. But this will only apply to violations that the AG feels can be cured Between July 1, 2023, and December 21, 2024, the AG will track violations and cures for a report detailing the number and nature of violations. It will include the number of violations cured and any other relevant information. This will likely be a valuable resource for businesses looking to learn from others’ mistakes. Moving forward, the cure period will be optional up to the discretion of the AG. For those who aren’t familiar, a cure period is similar to a grace period, in which you are given the chance to remedy the situation. The AG will consider elements of the violation: Size and complexity of the data controller or processor Nature and extent of processing activities Substantial likelihood of injury to the public Safety of persons or property Whether such alleged violation was likely caused by a human or technical error The difference between personal data and sensitive data in the Connecticut Privacy Act refers to any information that is linked or reasonably linkable to an identified or identifiable individual. It doesn’t include de-identified data or publicly available information. refers to personal data that includes: A mental or physical health condition or diagnosis Citizenship or immigration status The processing of genetic or biometric data for the purpose of uniquely identifying an individual Personal data collected from a known child, or Consumer rights you need to know about The Connecticut Privacy Act provides Connecticut residents with the following rights. whether or not a controller is processing the resident’s personal data. inaccuracies in the resident’s personal data. personal data provided or obtained about the resident. a copy of the resident’s personal data processed by the controller, in a portable, readily usable format that allows the resident to transmit the data to another controller without hindrance. Opt-out of the processing of the personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the resident. The above rights are just a summary of the requirements provided in the Connecticut Privacy Act. To ensure you are in compliance with the law, please consult legal counsel. Data controllers or organizations must provide a blatantly obvious and easy-to-use process for Connecticut residents to submit rights requests. Take into account how the resident typically interacts with the controller and how the controller could identify the consumer. The requests mentioned above must be responded to without undue delay. The response time should be no later than 45 days. Only due to the complexity and number of requests received, this can be extended another 45 days. But the consumer must be informed during the first 45 days. Provide a clear and obvious means for Connecticut residents to opt-out of the sale of their data or targeted advertising. Opt-out mechanism requirement Data controllers or businesses will have until January 1, 2025, to implement a platform, technology, or mechanism to accommodate opt-outs. This signal should be sent to the controller to indicate the resident’s intent to opt-out of any such data processing or sale. The platform, technology, or mechanism will need to comply with these requirements: It can’t unfairly disadvantage another controller. It doesn’t use a default “on” setting. Instead, require the resident to make an affirmative, freely given, and clear choice to opt-out of any processing of their personal data. Be consumer-friendly and easy to use by the average Connecticut resident. Be as consistent as possible with any other similar platform, technology, or mechanism required by any federal or state law or regulation. Enable the controller to accurately determine whether the consumer is a resident of Connecticut and whether they’ve made a legitimate request to opt-out of any sale of personal data or targeted advertising. Connecticut Privacy Act: DPIAs Starting July 1, 2023, controllers shall conduct and document a data protection assessment for each of their new or changed processing activities that presents a heightened risk of harm to a consumer. Processing that may present a heightened risk of harm to a consumer includes: Processing sensitive data. Data used for targeted advertising. The sale of personal data. Data used for profiling where profiling presents a reasonably foreseeable risk of unfair or deceptive treatment of, or unlawful disparate impact on, consumers financial, physical, or reputational injury to consumers physical or other intrusions upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person, or other substantial injuries to consumers. Data protection assessments shall identify the benefits that may flow directly and indirectly from the processing to the controller, the consumer, and other stakeholders. The benefits should be weighed against the potential risks to the rights of the consumer associated with such processing. And mitigated by safeguards that can be employed by the controller to reduce such risks. Controller responsibilities you need to know about While this is not an exhaustive list, controllers must: Limit the collection of personal data to what is adequate and reasonably necessary in relation to the purpose of the data being processed. Avoid processing personal data for purposes that are not reasonably necessary or compatible with the purposes disclosed to the resident. Establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data. Not process sensitive data concerning a resident without obtaining the consumer’s consent. Not process personal data in violation of the laws of Connecticut and federal laws that prohibit unlawful discrimination against consumers. Not process the personal data of a Connecticut resident for purposes of targeted advertising, or sell the consumer’s personal data without the consumer’s consent. Any controller in possession of de-identified data shall: Take reasonable measures to ensure that the data cannot be associated with an individual. Publicly commit to maintaining and using de-identified data without attempting to reidentify the data. Contractually obligate any recipients of the de-identified data to comply with all provisions of the Connecticut privacy act. Processor responsibilities you need to know about Under Section 7 of the Connecticut privacy law, processors must adhere to the instructions of a controller and shall assist the controller in meeting the controller’s obligations, including: Responding to Connecticut consumer rights requests. Security and breach notification, under Connecticut General Statutes § 36a-701b Providing information for controllers to conduct data protection assessments. Processors that act outside the controller’s instructions will be deemed a controller. This could include a processor that de-identifies data, without instruction to, so that they can use it for their own purposes. Get detailed insights, tools, and templates to help you manage the Connecticut Personal Data Privacy and Online Monitoring Act and other regulations. Easily orchestrate consents, preferences, opt-ins/outs, and empower your customers. ==================================================================================================== URL: https://trustarc.com/resource/hipaa-compliance-privacy-solutions/ TITLE: HIPAA Compliance: Privacy Challenges and Solutions | TrustArc TYPE: resource --- HIPAA compliance and health information data privacy The U.S. health care industry’s data protection standard was passed nearly three decades ago in 1996. Originally passed to address health insurance portability, the Health Insurance Portability and Accountability Act (“HIPAA”) included important provisions around how to collect, use, share, and protect critical health information. HIPAA’s rules have been updated several times to account for changes in how organizations and individuals use and share protected health information (“PHI”). HIPAA provides three main rules: the Privacy Rule, the Security Rule, and the Breach Notification Rule. aims to protect individuals’ health information privacy without interrupting the sharing of relevant data between health care providers. This rule balances the data privacy needs of patients while controlling how health care providers collect, disclose, and access useful information about a person’s health needs to deliver high quality care. This information is known as ‘protected health information’ and includes records of a person’s health status, treatments, medicines, and history. Organizations covered by HIPAA audits and enforcement The Office for Civil Rights (“OCR”) within the U.S. Department of Health and Human Services is in charge of HIPAA compliance and enforcement. It regularly runs HIPAA audits of selected organizations and investigates allegations of wrongdoing. A HIPAA audit is designed to find and fix any issues with data privacy, security, and breach notification processes related to protected health information. OCR can issue fines to organizations that fail a HIPAA audit or otherwise violate HIPAA and fines are severe – from $100 to $50,000 per violation with a maximum penalty of $1.5 million per year for each violation. Although HIPAA does not apply to all health care entities, it is important you get advice on whether it applies to your organization. The organizations it does apply to include: – health plans, health care clearinghouses, or health care providers, regardless of size, that electronically transmit health information for certain transactions such as referral authorizations, claims, or to check a person’s eligibility for benefits. Note: Using email to exchange health information does not necessarily mean a health care provider is considered a covered entity under HIPAA if the emails are not connected to standard transactions – Vendors to covered entities that have access to protected health information as part of providing their service. Services covered by HIPAA include claims processing, billing and data analysis, and business associates that need to meet HIPAA compliance include lawyers, software providers, insurers, accountants, actuaries and financial services. Note: Vendors are not considered business associates under HIPAA if they do not receive, use, disclose or maintain protected health information (PHI). Protected health information under HIPAA HIPAA protects individually identifiable health information that is collected, stored or transmitted by a covered entity or any of its business associates. Known as protected health information (PHI), HIPAA covers individually identifiable health information in all forms of data and media including electronic and paper records, as well as verbal communication. Individually identifiable health information includes common information to identify a person such as their name, birth date, address, social security number or phone number connected with health care information such as: Information about a person’s past, present, or future physical or mental health condition; Information about health care services provided to a person; or Information about payments (past, present and future) for the provision of health care to a person. Note: The Privacy Rule does not restrict the use or disclosure of de-identified health information, which is health information that does not include any common information used to identify individuals. Common challenges to complying with HIPAA In TrustArc’s many years’ experience helping organizations manage HIPAA compliance, we have found covered entities and business associates alike face some fairly common challenges including: Making new technology compliant to older laws – When HIPAA became law in 1996, most people were just starting to use the internet and there were no smartphones! Organizations now trying to build technology to meet older standards often face challenges when deciding when and where to encrypt PHI, whether they are involved in the collection, storage and/or transmission or this data – Organizations must consider regular risk assessments as required by HIPAA as well as risk assessments related to new or changing processes/projects. can also help organizations be better prepared in case of a HIPAA audit or allegation of violation – Covered entities must do proper due diligence throughout the lifecycle of the relationship with a vendor. They need the right agreements in place to make sure each vendor meets the security, privacy and breach notification requirements of HIPAA at all times Integration with other laws – HIPAA’s rules about individually identifiable health information are similar to other privacy laws that cover how Personal Information is collected, stored and shared. Organizations with activities that fall under another jurisdiction must examine where the laws overlap and where they might oppose each other. Three recommended steps for HIPAA compliance Determine if HIPAA applies to your organization and conduct a gap analysis against HIPAA requirements. Review cross-compliance overlaps and map processes to define the scope and reach of HIPAA to your business activities, data, systems, applications and vendors. Implement HIPAA compliance Develop or enhance policies to comply with HIPAA. Build a successful vendor management program; implement individual rights mechanisms; and develop a privacy impact assessment. Perform a detailed annual risk assessment and maintain ongoing compliance activities such as policy updates, employee training and vendor compliance assessments. How TrustArc can help with HIPAA data privacy compliance In addition to complying with the Privacy Rule and the Breach Notification Rule, organizations must implement the Security Rule’s administrative, physical and technical safeguards to achieve, maintain, and demonstrate compliance with HIPAA. We help organizations through the lifecycle of HIPAA compliance, including: Determining if HIPAA applies to the organization and its activities Initial HIPAA compliance audit and employee training Privacy impact assessments and data inventory reviews, including with vendors who are considered business associates under HIPAA Regulatory oversight and corrective action plans, including meeting HIPAA’s breach notification requirements. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Get detailed insights, tools, and templates to help you manage the HIPAA and other regulations. ==================================================================================================== URL: https://trustarc.com/resource/strategies-marketing-consumer-first-privacy/ TITLE: 8 Strategies for Marketing in a Consumer First Privacy Landscape | TrustArc TYPE: resource --- Post-2020, it seems every company is a tech company. The rise of social media platforms and third-party cookies tracking users across the internet generated massive volumes of personal data. Data that’s often collected, stored, and shared across organizations without people’s knowledge or consent. With more regulations and consumers questioning companies’ use of their data, you need to prepare for marketing in a consumer first privacy landscape. Due to the GDPR and other data privacy laws, the wild, unregulated days of the internet are coming to a close . Regulators are quickly catching up to address consumer privacy concerns and the misuse of personal data. Marketers are also anticipating the change. A indicates that 73 percent of marketers fear that privacy concerns will negatively impact their analytics efforts. How did marketers and organizations get to this point? The rise of third-party tracking While the first-party cookie was invented in 1994, it was quickly exploited to create the third-party cookie observing users’ behavior today. By 2000 this was a widely used practice. Tracking third-party cookies provided a unique view into user behaviors and habits for marketers. As consumers increased their device usage, marketers tailored their campaigns to meet customers on the exact apps and websites they’re using. had access to over 10 devices daily on average. The amount of data being collected over the past two decades has significantly increased. These databases enable customized marketing strategies and plans to fit specific audience behaviors and insights. By using first and third party cookies, marketing teams see where to best optimize their budgets and increase ROI. Thus, tracking users has become a mainstay in the digital playbook. There are many benefits to these practices. But one fallback is the consumer is prioritized last. Using third-party cookies to track people doesn’t align with a consumer first privacy strategy. Less data isn’t bad for marketing You’ve probably noticed, browsers and devices are disabling the use of third-party cookies that follow users around the digital world. While this has sent some marketers into a panic, others are embracing the change. The use of first and third-party data sources took the guesswork out of marketing. But despite the fact that third-party cookie tracking allows marketers to deeply understand users and personalize messages, it’s also come with negative costs to consumer trust and privacy. Rather than establishing a two-way relationship with consumers, tracking people through their devices and digital interactions has left many feeling distrustful of marketers. Instead of having conversations with people, marketers are monitoring their behavior in the background. There is no personal connection. As the invasiveness of marketing has progressed, consumers have become more concerned about their privacy and the personal information that’s being collected and shared. In addition to the legal ramifications of lawsuits and fines, violations of user privacy come with serious damage to an organization’s reputation. With the increase in data breaches, a new class of consumers has emerged make up 1 out of every 3 consumers. Privacy actives will stop doing business with organizations because of their data privacy practices. Consumers want to know how their data is used and distributed. Since the GDPR, people are becoming less willing to give out their personal information. As a result, companies are finding it harder to gain and maintain consumer trust. Rethink how consumer data is managed Organizations that conduct marketing activities by prioritizing customer consent and data privacy have a competitive edge. Giving consumers more control and choice over their data results in better consumer relationships, trust, and loyalty. Today, organizations should see privacy less as a barrier and more as an upside for its trust-earning potential. A consumer first privacy mindset differentiates your organization from your competitors. Committing to privacy has won Apple the reputation as the most privacy-sensitive big tech company. Not only is privacy a core value, but it’s also now embedded into everything Apple does – including new products. Apple has positioned itself to move into new, highly regulated markets like online payments, identity, and health. that brand loyalty for Apple is at an all-time high of nearly 92 percent – up from 90.5 percent in 2019 . Privacy is a competitive advantage for Apple and it’s paying off. It won’t be long before more companies follow in Apple’s footsteps. Shifting to a consumer first privacy landscape In a new digital world where personal data protection is paramount, companies will have to adjust their current marketing tactics and strategies. The absence of third-party data to understand and personalize outreach to customers will leave you with only first-party data and consumer research data to explore. This will impact how companies personalize outreach to customers at scale. that marketers may have to spend around 10 to 20 percent more on marketing and sales to achieve current return levels. The new normal will be an entwined relationship that requires a fundamental value exchange. Prioritizing consumer privacy will form authentic relationships with individuals who are more likely to purchase. Marketing funnels will look smaller but be filled with consumers who are more interested, qualified, and likely to commit to your brand. Eight strategies worth your attention besides third-party cookie tracking Identify where your company values and audience values intersect. How can you communicate with your audience – not TO your audience – and build a deeper relationship? Create personalized messages with brand values Ask your audience what resources and information they are interested in receiving. How can you implement these insights to create more personalized messages? Don’t let the idea of capturing new customers make you forget about your current customers. Are you listening enough to your current customers needs and ideas? Use transparency to enhance the customer experience Data collection or targeted marketing practices that lack transparency are often a red flag for consumers. Are you educating consumers about their personal data that will be collected and used? Ensure first-party data is accurate and usable As the digital world goes dark on third-party cookies, you need to have a plan in place for using your first-party data. Do you know where your first-party data lives? Is it accurate? Is it compliant with privacy laws? Implement transparent consent and preference management Be aware of the coming shift in KPIs Once again, it will be important to measure brand awareness and other attention metrics. Some teams may throw out traditional marketing funnels altogether. In the absence of third-party cookies, how will you measure marketing performance? Focus on targeting, not tracking Focus on ways to target consumers without using third-party cookie tracking and other dark marketing practices. What opportunities and channels best align with your audience? A Marketer's Life Beyond Third-Party Cookies Get deeper insights for using data for marketing while respecting consumer privacy. Easily orchestrate consents, preferences, opt-ins/outs, and empower your customers. ==================================================================================================== URL: https://trustarc.com/resource/roi-of-privacy/ TITLE: ROI of Privacy: Building a Case for Investment | TrustArc TYPE: resource --- Reduce the cost of compliance and add dollars to your bottom line When you’re making an investment, you want to be sure it makes financial sense. You may have thought about investing in a privacy platform before but you’ve probably had difficulties calculating the ROI of privacy. Is it even possible to quantify the ROI of privacy program management? How do you know if it’s worth investing in an automated privacy platform? As more organizations invest in data privacy program management, executives are often surprised to see the time and resources that can be saved. In fact, privacy automation doesn’t cost your organization money – it saves it! Investing in a privacy platform saves more than it costs manual processes to manage privacy are inefficient and time-consuming . The sheer volume of data records makes it nearly impossible to stay compliant with constantly changing privacy laws. To avoid exposing your customers to downstream risk, you need a privacy platform that can scale across a global organization. A holistic privacy platform can support audits and reduce the cost of compliance and the risk of a privacy incident. The measurable economic value of TrustArc’s privacy platform For every $1 spent on TrustArc’s privacy platform, clients receive a $2.26 return within 6 months Gains in efficiency and reduced spending generate a 126% ROI The reduced risk of privacy incidents drives savings of $3 million annually Calculating the ROI of privacy Forrester constructed a Total Economic Impact framework for those organizations considering an investment in the TrustArc privacy platform. The objective of the framework is to identify the cost, benefit, flexibility, and risk factors that affect the investment decision. Forrester analysts constructed a financial model representative of the stakeholder interviews using the TEI methodology. The financial model was risk-adjusted based on issues and concerns of the purchasing organization. Given the increasing sophistication of ROI analyses related to IT investments, Forrester’s TEI methodology provides a complete picture of the total economic impact of purchasing a privacy platform. Exact calculations are ==================================================================================================== URL: https://trustarc.com/resource/building-trust-through-transparency-iass-path-to-responsible-ai-in-digital-advertising/ TITLE: Building Trust Through Transparency: IAS's Path to Responsible AI in Digital Advertising | TrustArc TYPE: resource --- Building Trust Through Transparency: IAS's Path to Responsible AI in Digital Advertising How IAS is pioneering responsible AI in digital advertising In our latest case study, we explore how Integral Ad Science (IAS) has set a new standard for responsible AI in digital advertising. By prioritizing transparency, IAS has built a robust framework that fosters trust among stakeholders and ensures ethical AI deployment. This comprehensive approach not only enhances ad performance but also aligns with broader industry demands for accountability and fairness. Dive into the full case study to discover the innovative strategies IAS employs to navigate the complexities of AI in advertising, and learn how their commitment to transparency is shaping the future of digital marketing. ==================================================================================================== URL: https://trustarc.com/resource/uk-age-appropriate-design-code/ TITLE: Complying with The UK Age-Appropriate Design Code: A Must for Every Business | TrustArc TYPE: resource --- The UK Age-Appropriate Design Code, also commonly known as The Child Code, was the first of its kind in the world. While it’s not a new law, it sets standards for how data protection laws apply to children using digital services. And its reach goes far beyond the U.K. The Child Code has inspired similar laws to be considered in the U.S., Europe, and by the Organization for Economic Co-operation and Development (OECD). Ensuring the protection of children’s data has quickly caught on as a trend in privacy regulators’ minds. Globally, children access the Internet daily for various reasons, including learning and entertainment. Yet, the necessary safeguards to protect children’s data are missing from most websites, apps, and other technologies. The UK Age-Appropriate Design Code and other recent children’s privacy regulations seek to correct this gap in our digital world. ICO has prepared an extensive website and resources to describe the Code in detail. The information featured here is only a summary of the UK Age-Appropriate Design Code. For the most complete and updated information, please refer to the ICO. The UK Age-Appropriate Design Code reaches beyond the UK and child-focused sites Any company that processes the personal data of U.K. children must comply with the UK Age-Appropriate Design Code Act. And the Code is for any online services children (up to 18 years of age) are likely to use. It doesn’t matter if your website or app is meant for use by children or not. The types of products and services children are likely to use include: Social media platforms and online messaging services Content streaming devices (video, music, and gaming services) Online games, news, and educational sites Websites offering any goods or services over the internet and online marketplaces (Amazon) Electronic services offering support or control to connected toys or connected devices (Internet of Things (IoT)) The Code went into force on September 2, 2020, with a 12-month transition period. Meaning your organization must demonstrate that any services using children’s data are in compliance with the Data Protection Act 2018 (GDPR) and the Privacy and Electronic Communication (EC Directive) Regulations with respect to these guidelines. Any online services failing to comply with any provision of this Code may find it difficult to demonstrate compliance with the GDPR and invite regulatory action. The 15 standards of age-appropriate design Together, the 15 age-appropriate design standards should help your organization understand and implement the Code in its own way. Implementing all standards is required for GDPR and PERC compliance and will help your organization take a risk-based approach to develop digital services. To summarize, the default setting should provide children with the best possible access to online services while minimizing data collection and use. the 15 Standards of Age-Appropriate Design: Best Interests of the Child Data Protection Impact Assessments Age-Appropriate Application Policies and Community Standards Connected Toys and Devices The best interests of the child are the most important Children have a right to privacy, freedom from economic exploitation, access to information, association with others, and play in supporting the child’s development under the United Nations Convention on the Rights of the Child ( ). There are many concerns and needs that must be balanced when considering what is best for each individual child. The individual child’s best interest must be the primary consideration regarding data processing. It’s unlikely that commercial business interests will outweigh a child’s right to privacy. But you may share children’s personal data as long as you have a compelling reason to do so, taking account of the best interests of the child. Compelling reasons may include safeguarding purposes or the importance of official national statistics of good quality information about children. Even if you have a compelling reason for data sharing, a DPIA will be required. A DPIA can assess and mitigate risks to the rights and freedoms of children that arise from your data sharing. acting in the best interest of children by considering how your organization’s use of children’s data impacts the rights they hold under the UNCRC Once children’s rights are well understood, the potential impacts of the child’s rights using your product or service. to address the risk areas highlighted in the risk assessment and apply the Children’s Code recommendations to reduce risk severity. Although considering the best interests of the child is a main focus of the Age-Appropriate Design Code, there are 14 other standards. Rather than cover each standard in detail, here are five steps your organization can take to conform with the Code. 5 steps to conform to the UK Age-Appropriate Design Code Map the children’s personal data flow Map the personal data you collect from UK children. If you want to get ahead and prioritize the highest standard of protection for children possible, map all the children’s data your organization collects, shares, or processes. This must be done at least in California and possibly other U.S. states. Generally, don’t share children’s data unless you can demonstrate a compelling reason to do so. If there is a compelling reason for sharing children’s information, conduct careful due diligence on third-party vendors with access to your data. Determine a risk-based age verification process Determine a risk-based approach to identifying the users’ age and then effectively apply the Child Code standards to users under the age of 18. Establishing the age of users must be done with a level of certainty appropriate for the risks that the organization creates through the specific data processing activity. Otherwise, the organization must just apply the Child Code’s standards to all users. There are multiple ways to estimate or verify the age of children and users. The ICO suggests: AI and biometric-based systems Technical design measures Tokenized age checking using third parties Hardcore identifiers like passports Organizations should introduce measures that ensure accuracy, avoid bias, and explain the use of AI-based age assurance. Data minimization is critical. Do not collect anything or repurpose data or user profiles for any other purpose. Provide a high level of privacy by default Don’t use children’s personal data in ways that are known to be detrimental to their wellbeing or go against industry codes of practice, other regulatory provisions, and Government advice. Settings must be high privacy by default. Privacy by default allows people to access your products and services without sharing data. Then, when people are ready, they can opt-in to share their data with the company if they would like. Privacy is considered before products or services are designed and included throughout the business strategy. As we adapt to the digital world, this is becoming the standard in privacy and digital service development. Some users may understand they are exchanging their information for the ability to access a product or service, such as social media or a digital gaming platform. But not all users, especially those under 18, understand how their data is shared with advertisers in exchange for using free products and services. Clear information that is easy and designed for a child to understand Easy to access information about data protection and privacy Tools to help children exercise their data protection rights and report concerns Most adults don’t read or can’t understand the language in the notices they’re given. This is both a challenge and an opportunity for legal teams to develop a compliant and easy-to-understand privacy notice for all individuals – especially children. Turn off geolocation and profiling services Geolocation and profiling options should be turned off by default. Unless you can demonstrate compelling reasons for geolocation or profiling to be on by default when considering the best interests of the individual child. Additional safeguards to consider: Provide a clear, obvious, and age-appropriate sign for children to communicate that location tracking is active. If options make a child’s location visible to others, those options must default back to off at the end of each session. Only allow profiling if you have extensive measures in place to protect the child from any harmful effects. Don’t Use Nudge Techniques to Encourage More Personal Data Sharing Children are a vulnerable population. Don’t use techniques that lead or encourage children to provide more personal data than is necessary. Encouraging users to weaken or turn off their privacy protections is also considered nudging. Nudging not only goes against the UK Age-Appropriate Design Code, but it’s also a practice that will quickly break users’ trust. By nudging users, you are hoping to wear down their resistance to sharing information with your organization. When a user provides consent, let them stick to their decision. Provide a preference center when possible to allow users to make choices regarding their personal information, consent, and your organization’s marketing and communication. ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-privacy-looking-to-2025-and-beyond/ TITLE: Data Privacy: Looking to 2025 and Beyond TYPE: resource --- Data Privacy: Looking to 2025 and Beyond In 2024, AI in privacy was an enduring hot topic, especially with the apparition of the first regulation on artificial intelligence, the EU AI Act. The creation of the Global CBPR (Cross-Border Privacy Rules) reduced the effort required to transfer data across regions, and the CPRA (California Privacy Rights Act) was enforced. Furthermore, the shift in the way user data is collected, shared, and utilized for advertising and analytics has begun as we are looking at the end of third-party cookies. And so much more happened this year in the world of data privacy! There is no doubt that, in 2025, change and innovation will evolve even faster. Now more than ever, organizations need a comprehensive data privacy program in place to adapt to local, state, federal, and even international privacy requirements or enforcements scheduled over the next 12 months. Moreover, organizations will need to regulate more and more the use of artificial intelligence. What are the privacy regulatory changes expected next year? How will it impact your privacy program management in 2025? In this webinar, gain privacy expert insights and sentiments into the evolving privacy landscape of 2025 from TrustArc, Baker McKenzie, Under Armour, and OpenAP. This webinar will review: What happened in the last twelve months in the data privacy world Key themes in privacy and data governance for 2025 What you should include in your 2025 data privacy roadmap How to maximize your privacy program in 2025 This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc Intellectual Property Partner, Baker McKenzie Deputy General Counsel, Under Armour General Counsel and Chief Privacy Officer, OpenAP ==================================================================================================== URL: https://trustarc.com/resource/simplifying-us-privacy-landscape/ TITLE: Simplifying the Complex US Privacy Landscape | TrustArc TYPE: resource --- What’s the current state of the US privacy landscape? In the last 4 years, the US privacy landscape shifts every time a new state law regulating consumers’ privacy gets enacted. During this period, the US went from the first privacy law focused on consumer rights, the California Consumer Privacy Act (CCPA), to 5 new consumer privacy state laws ( If consumer privacy laws follow the trend seen in the data breach notification or the insurance data security spaces, more states will jump on this bandwagon. Complying with these privacy laws – especially when needing to comply with several – takes incredible resources and effort. But if you look at the big picture, there are common grounds and opportunities between these state laws. Ideally, there would be a single federal law. Yet the lack of a federal privacy law results in some states with unique requirements. Despite their differences, the core principles are the same. That’s where your focus needs to be to develop an efficient compliance strategy. Prioritize your efforts and address the most relevant nuances of the US privacy landscape in the following core areas. Mostly all the current state privacy laws have regulated the right to access, deletion, correction, portability, and opt-out, minus Utah, which did not include the right of correction within their law. The CCPA modified by CPRA includes two additional rights, the right to know and the right to limit the use and disclosure of personal data. While the state laws have a general deadline of 45 days for responding to individual requests, opt-out requests, may need to be dealt with within 15 days in California and Connecticut. Opt-out requests may include from sales of data or targeted advertising, may need to be dealt with within 15 days in California and Connecticut. Obligations such as information security, having agreements with processors, privacy notice requirements, purpose limitations, DPIA, and requirements around data minimization and processing sensitive data and , are present in most of the current state laws. Additionally, the CCPA has a record keeping obligation that is unique to this jurisdiction (at least 24 months) and shares the obligation to implement opt-out mechanisms (do-not-sell link or opt-out preference signal) with Colorado and Connecticut. State privacy law enforcement The State Attorneys General are the government agencies in charge of enforcing the current consumer privacy laws, except for Colorado, where district attorneys have enforcement powers. There is no private right of action in most of the laws, besides the CCPA, which includes a private right of action for matters related to security breaches. Additionally, all the current state laws have included a period to allow a business to cure any alleged violation before the AG initiates any enforcement actions. Colorado and Connecticut established a temporary cure period of 60 days while Virginia and Utah established a permanent 30-day period. California is the only State that established a cure period exclusively for violations related to security breaches where individuals must provide businesses with 30 days to cure any violation before initiating actions to pursue statutory damages. This summary provides general information about applicable laws and does not constitute legal advice regarding specific facts or circumstances. Public Act No. 22-15 – Connecticut Act Concerning Personal Data and Online Monitoring – S.6(a)(6) The California Attorney General must issue implementing regulations on risk assessments with respect to processing of personal information by July 1st, 2022 – see – S.21(15)(b). Cal. Code Regs. Tit. 11, § 999.317 The Colorado Attorney General will adopt rules regarding a universal opt-out mechanism by July 1st, 2023. Colorado’s cure period will be in force until January 1st, 2025 (See Colo. Rev. Stat. § 6-1-1311(d)) and Connecticut will be mandatory until December 31, 2024. From January 1st, 2025, the AG may provide business with a cure period taking into considerations established in the law (See Public Act No. 22-15§11). ==================================================================================================== URL: https://trustarc.com/resource/eu-standard-contractual-clauses/ TITLE: The European Commission’s Standard Contractual Clauses | TrustArc TYPE: resource --- On June 4th, 2021 the European Commission the adoption of the long-awaited revised Standard Contractual Clauses (SCCs). Sometimes called The model clauses are intended to facilitate cross-border transfers of personal data between entities within the European Union (EU), Norway, Iceland, and Liechtenstein, to entities in other countries. In addition to the SCCs for international transfers, the Commission has also adopted model clauses that can be used as part of a data processing agreement with an EU entity, as required under Article 28 GDPR. International transfer Standard Contractual Clauses (SCCs): Scope and content The new SCCs intended for international transfers are based on four scenarios: Module 1 controller-to-controller; Module 2 controller-to-processor; Module 3 processor-to-sub-processor; and Module 4 processor-to-controller. In addition, the standard contractual clauses contain a docking clause, allowing parties that are joining the processing operation to be part of the same contract, instead of signing a whole range of individual agreements with organizations. This could be useful if multiple legal entities of a controller or processor need to be part of the contract. By using the SCCs, organizations can ensure that their data transfers meet the basic requirements of the EU’s GDPR and that the necessary “appropriate safeguards” are in place. This includes requirements on transparency towards the data subject, as well as provisions on dealing with individual rights and regulator requests. The “regulator” refers to one of the European data protection authorities (DPAs). The clauses must stipulate which of the DPAs will be responsible to oversee a particular data transfer. The SCCs furthermore deal with the key data protection principles of the GDPR, including data minimization, data security, and accountability. These new standard contractual clauses retain the annex requirement that needs to be completed for the SCCs to be valid. The annex includes an overview of the parties involved, an extensive description of the transfer, and a list of the technical and organizational security measures that have been implemented. Finally, the SCCs must include an overview of the subprocessors involved in a processing operation. The new SCCs have embraced an accountability approach for both the data exporters and the data importers. Both should properly document their compliance assessments. And be ready to make that documentation available to the DPA upon request. SCC’s scope of application Organizations that have contracts in place using SCCs, or are looking to use SCCs in the future, should first confirm if they are allowed to do so. One of the major changes compared to the old standard contractual clauses is the scope of application. Based on the Commission Decision, the SCCs can only be applied for situations where the recipient’s organization (the data importer) would not be directly subject to the GDPR for the processing operation at hand. If an organization is offering goods or services, or is monitoring the behavior of individuals in the EEA (European Economic Area), the SCCs cannot be invoked. The data processing operation would already be subject to all the rules of the GDPR. In this situation, an onward transfer to a processor of the data importer should be covered by SCCs. Post-Schrems-II requirements are reflected in the Standard Contractual Clauses The new standard contractual clauses bring the model clauses in line with the GDPR and include a section dedicated to the mandatory data transfer risk assessment. The Schrems-II ruling confirmed that even if using appropriate safeguards like SCCs, organizations should always assess if the recipient of the data in the third country would be able to comply with all the requirements of the GDPR. Organizations need to conduct a data transfer risk assessment specifically when taking into account government surveillance and access laws. The outcomes of this assessment are used by organizations to comply with Clause 2 of the SCCs: Local Laws Affecting Compliance with the Clauses. Always document the data transfer risk assessment. Where legislation exists that may interfere with the fundamental rights and freedoms of the individuals whose personal data are transferred, supplementary measures will need to be put in place. These can be of a legal, operational, or technical nature, as was also explained in the (draft) guidance from the European Data Protection Board Be aware that the new standard contractual clauses are not as fool-proof of a transfer mechanism as they were in the past. After doing an assessment of the third country in scope, the conclusion may be that no measures would suffice to properly protect personal data against the risk of government interference. If so, the data transfer cannot take place in any case, not without a conversation with the DPA appropriate for the organization. Please do keep in mind that the United Kingdom (UK) is no longer a part of the EU. However, in June 2021, the UK adopted two decisions for personal data under the GDPR and under the Law Enforcement Directive. In addition, the UK still applies the GDPR in full, having adopted the UK GDPR as part of their national legislation with the same provisions as the EU GDPR. Data transfers to and from the EU/EEA and to and from the UK will require data transfer mechanisms to be put in place. UK Information Commissioner’s Office (ICO) opened a consultation on transfer mechanisms – including an International Data Transfer Agreement, a Transfer Risk Assessment, and an addendum to be used with the EU SCCs. These documents are adopted and in force as of March 21, 2022. Complications with SCCs for non-EU controllers The complex element here is the cross-border transfers. The new SCCs indicated that non-EU controllers whose processes were directly subject to the GDPR did not need to use SCCs for cross-border transfers. European Data Protection Board issued guidance There is tension between Article 3 of the GDPR (territorial scope) and Chapter V on transfers of personal data to third countries. The European Commission has indicated it will develop additional modules to manage this interpretation. new potential agreement between the EU and US , some entities choose to use the existing new SCCs. The international transfers standard contractual clauses entered into force in June 2021. From that moment on, organizations had three months to conclude any pending negotiations based on the old SCCs, if they chose to use those. That means that by late September 2021, any new contracts dealing with international transfers needed to use the new SCCs. All contracts must be transitioned to the new SCCs by 27 December 2022. TrustArc can help you understand your data transfer risk and identify your high risk data processing activities. Additionally, our Privacy Management Platform can help you properly document your business processes, the underlying compliance policies and procedures, as well as the details of your transfer risk assessments. ==================================================================================================== URL: https://trustarc.com/resource/10-questions-about-the-schrems-ii-decision/ TITLE: Top 10 Frequently Asked Questions About the Schrems II Decision | TrustArc TYPE: resource --- On July 16th, 2020, the European Court of Justice (CJEU) released its highly anticipated decision in Case C-311/18, otherwise known as Schrems II. They ruled that the EU-U.S. Privacy Shield is to be invalidated. Nearly two years later, on Mar 25, 2022, the President of the European Commission, Ursula von der Leyen, and U.S. President Joe Biden released a joint statement. They confirmed a new breakthrough agreement “in principle” had been reached, called the Trans-Atlantic Data Privacy Framework. Top 10 questions about the Schrems II decision Data practitioners have been hoping for a breakthrough agreement for EU-US data transfers. Questions about the Schrems II decision have been plentiful over the past two years. Although an agreement has been reached in principle, organizations still need to understand the impact of Schrems II and associated decisions. 1. Will there be a replacement for Privacy Shield? The March 2022 joint statement between the European Commission and the U.S. stated an agreement in principle has been reached on a new framework for transatlantic data flows. Both sides have a bit more work to do before the text is final. In laying out the next steps, both sides offered high-level overviews of what the new Framework will include. The US has provided a In the press release, the U.S. identified the general commitments it would adopt by way of a presidential Executive Order in order to implement this new “breakthrough agreement.” 2. When will the Trans-Atlantic Data Privacy Framework be adopted? While many details still remain unclear, the U.S. and EC have represented that the next steps will be to translate the agreement in principle into legal documents. First, consider that the last two adequacy decisions adopted by the EU ran 93 pages (the UK) and 122 pages (South Korea). Both are significantly longer than the current Privacy Shield Framework. Also, the mechanisms the US must implement by way of the Executive Order are not trivial, especially creating a Data Protection Review Court. That said, we will continue to monitor the developments of this agreement and look forward to updating you when the requirements have been released. Once prepared, the agreement will be submitted to the European Data Protection Board for approval as required by the General Data Protection Regulation. 3. Is there a benefit of continued participation in the Privacy Shield Program? Remaining in Privacy Shield may simplify your transition to the successor agreement in principle between the EU and the U.S. At this time, you also are required to continue to uphold your Privacy Shield protections for data you have collected pursuant to Privacy Shield. Remaining in Privacy Shield will simplify these processes for your organization. Depending upon how you have structured your privacy program, it may also help your organization comply with other international data transfer commitments. Such as those you would need to make if you are able to enter into SCCs for data transfers 4. What do I need to do about my current Privacy Shield self-certification? The U.S. Department of Commerce (DOC) has stated that it will continue to operate Privacy Shield and it expects participants to continue to support their Privacy Shield obligations. If you are currently part of the Privacy Shield program, we recommend you stay. Staying in Privacy Shield may simplify your transition to the new agreement between the EU and the U.S. once the documents are finalized. You do need to ensure an alternative mechanism to transfer personal data from the EU to the U.S. since Privacy Shield can no longer be used to do so. 5. Can I transfer personal data from the EU to the U.S. under SCCs? As long as the data are not subject to collection and/or access by U.S. authorities for national security purposes, SCCs can be used on a case-by-case basis subject to an assessment of whether the U.S. data importer can meet its SCC obligations for the specific data processing. The burden of proof on both the data exporter and the data importer in the third country, has increased to verify they can meet all the requirements of the SCCs. The data importer will also need to confirm that they will fully respect all the core principles under GDPR. The data importer and exporter will need to assess the legislation of the third country to see if, they are subject to surveillance laws that may cause interference of the supplemental rights. If that is the case, then the transfer cannot take place based on SCCs. This is similarly applied to Binding Corporate Rules (BCRs). 6. What assessment criteria should I consider for whether the data importer can meet its obligations under the SCCs? Is the data importer a provider of services that facilitate communications or electronic interactions between individuals, e.g., an Internet Service Provider or electronic communication services provider? Has the data importer ever been subject to a data access request for national security purposes? Has the data importer ever been subject to a data retention request for national security purposes? If the answer is “yes” to any of these, and the data importer is not in a country recognized by the EU as providing “adequate protection,” then SCCs are unlikely to be a valid transfer option in the absence of express authorization from the DPA in the originating country. If, “no,” proceed with a third party risk assessment to evaluate the effectiveness of the importer’s controls. 7. Are the other transfer methods still valid for transferring data? All data transfer mechanisms included in the GDPR have remained valid. The CJEU has invalidated one of the adequacy decisions (for the Privacy Shield) and has set stricter assessment criteria for the use of the other transfer mechanisms. 8. If my U.S. business shifts server or data location to the EU do I still have a need for a data transfer mechanism? That depends on how the data is being processed within the company. As long as the data is stored on servers in the EEA and only accessed from within the EEA, no data transfer mechanisms will be needed. However, as soon as access to the data is made from outside the EEA countries, a data processing operation is taking place (according to the definition of Article 4(2) GDPR). This also constitutes as a data transfer, thus requiring the use of a transfer mechanism. In addition, if the company is subject to U.S. surveillance legislation, including but not limited to Section 702 FISA and E.O. 12333, using an EU server is not guaranteed protection. Both have a broad scope, that allows the U.S. intelligence and security services to also collect data outside the U.S. territory. 9. Are prior data transfers under EU-US Privacy Shield affected? All prior data transfers remain subject to the obligations of Privacy Shield. 10. Will there be a grace period? There was no grace period between the Schrems II decision and the latest agreement in principle. Given that Privacy Shield was invalidated by the Court, companies that used the Shield for EU-U.S. data transfers continue to need to find an alternative legal basis for the data transfer. We highly recommend using the Standard Contractual Clauses (SCCs) as a fallback option post-Privacy Shield, as preparing your international data transfers with the SCCs will also prepare your organization to adopt the replacement to the Privacy Shield (whenever it arrives). Managing the risks of international data transfers When it comes to international data transfers, TrustArc has you covered. The risks of international data transfers are complicated, nuanced, and time-consuming. TrustArc’s automated approach combines deep regulatory understanding and expert risk analysis, keeping your transfer assessments up to date. TrustArc’s international transfer package helps organizations: Identify, manage, and mitigate risk through our algorithm that automatically detects data flows with transfer risk Conduct data transfer and risk threshold assessments Leverage templates that help operationalize regulatory requirements and trigger compliance mechanisms ==================================================================================================== URL: https://trustarc.com/resource/improved-risk-profile/ TITLE: Why TrustArc Improved Risk Profile | TrustArc TYPE: resource --- Regulation management can’t keep up with data growth Today every organization is acutely aware of the liability that data can be. It seems every department, function, and team in an organization uses its preferred list of external apps and vendors to satisfy its business needs. For example, the global big data analytics market is predicted to reach over 68 billion US dollars by 2025 On top of that, your organization is often using those third parties to collect and store information. It’s not always clear where that information resides or what risk it poses to you. For the information you know, how do you prioritize which controls and risk mitigation practices should be established first? Make you susceptible to heavy non-compliance fines if there is a breach of data Make you subject to higher budget demands for avoidable external counsel requests Decrease trust and respect through the eyes of your customers if their data is mismanaged The repercussions are serious but avoidable by framing data management from a business process and risk perspective. Re-imagined risk management built with your organization in mind needs to assess your organization’s risk surrounding data correctly. It also needs to show how your actions and controls help reduce the risk and improve your privacy plan. With this in mind, TrustArc has re-designed the risk management solution, , based on the following four tenants: Orchestrating these four principles into Risk Profile provides you with a symphony of options to confidentially apply controls and mitigate risk to your privacy program. Complexity is the enemy when integrating a privacy program in an organization. You need a risk dashboard that clearly shows where your risk resides and indicates improvements once controls have been established. Being able to hone in on high-risk activities in the different aspects of your business clarifies your essential action items for the month and how many high-risk records accumulate over time. As the months go on, you want to see a decrease in the number of high-risk records. As a bonus, over time, you can use the dashboard to report to leadership how your privacy program reduces risk. There are three critical additions to the Risk Profile that all privacy programs should have when assessing risk. One clear view that shows all of your records and their risk We know that a robust privacy program requires listing all of your business activities in the form of business records. But that list of business records can get long, quickly. Assessing the risk of hundreds of records is time-consuming. We now aggregate and list out what percentage of records are high, medium, and low risk. The high-risk elements are where you should tackle first. Use this project management chart to see your assessment workflow Project management is a vital part of tracking and controlling privacy risks. Ensuring that assessments and controls are completed promptly can ensure that your organization complies without penalty. The risk management chart is an operational chart that indicates the total number of records with residual risk and tracks the total number of approved tasks that have been completed. How do you know where each level of your organization stacks up? Each business unit within your organization is not created equally, nor do they perform the same. Organization Hierarchy allows you to segregate your risk data based on the business level with your organization. If an area of your business seems to have more records containing high-risk activities, this would be the best area to focus on implementing assessments and controls. Risk Profile is essential for your privacy program Professionals rely on data management tools that keep an inventory of numerous data records and flag where considerable data risk exposure exists. Staying on top of regulations is good for business. To do so, you need to be able to report on the progression of your plan. The challenge is efficiently sifting through the hundreds of data records to ensure that each record has reached compliance. Sometimes it feels like an ocean of information, and you’re about to drown. Privacy pros should spend less time manually inputting and maintaining entries and should be spending more time actioning on high-risk initiatives, along with reporting the progression of these initiatives to the leadership team. The design of Risk Profile is to visually show where attention is needed to develop your program, along with the ability to monitor progress and Dynamically generated impact assessment reports: The risk algorithm streamlines users’ selection of an These assessments result in dynamic reports used in executive meetings, audits, and other business reviews. Identify high-risk business activities: Get a comprehensive view of your risk across third parties and internal processes. Apply over 1800 rules and 130+ laws globally to calculate and immediately understand your overall risk. Drill down into the next layer of risk factors to quickly access associated records, recommended assessments, and generated reports to help mitigate risk across your organization. Understand your international data transfer risk: Risk Profile automatically detects data flows with data transfer risk and recommends relevant data transfer compliance mechanisms to mitigate those risks and demonstrate compliance. ==================================================================================================== URL: https://trustarc.com/resource/trans-atlantic-data-privacy-framework/ TITLE: New EU-US Agreement: Trans-Atlantic Data Privacy Framework | TrustArc TYPE: resource --- The latest in EU-US data transfer negotiations After nearly two years of uncertainty, privacy leaders have some welcome news in the form of an announcement from the European Commission (EC) about an agreement in principle on a new Trans-Atlantic Data Privacy Framework between the European Union and the United States. Ursula von der Leyen, President of the European Commission, announced in that an agreement in principle had been reached with the U.S. on a new framework for transatlantic data flows. This negotiation had been ongoing between the two parties since the Court of Justice in the European Union (CJEU) invalidated the EU-US Privacy Shield on June 16, 2020, in the latest guidance and information for companies navigating international transfers and the Schrems II Ruling Standing side-by-side, von der Leyen and U.S. President Joe Biden released a confirming the breakthrough agreement. In the joint statement, von der Leyen emphasized this new framework will enable predictable and trustworthy data flows between the EU and US, safeguarding privacy and civil liberties.” Similarly, President Biden emphasized that the leaders had agreed “to unprecedented protections for data privacy and security for our citizens.” “[t]his new arrangement will enhance the Privacy Shield framework, promote growth and innovation in Europe and in the United States and help companies, both small and large, compete in the digital economy.” Next steps to adopting the Trans-Atlantic Data Privacy Framework In the joint statement, von der Leyen noted that the Trans-Atlantic Data Privacy Framework is an agreement between the EU and the U.S. “in principle.” Meaning both sides have a bit more work to do before the text is final. In laying out the next steps, both sides offered high-level overviews of what the new Framework will include. In the press release, the U.S. identified the general commitments it would adopt by way of a presidential Executive Order in order to implement this new “breakthrough agreement.” For example, the U.S. stated it will not only create a “new multi-layer redress mechanism that includes an independent Data Protection Review Court” but also “ensure that signals surveillance activities are necessary and proportionate the pursuit of defined national security objectives.” Similarly, the European Commission has released its own overview of the Framework , including an insight into the key principles, the benefits, and the next steps: Based on the new framework, data will be able to flow freely and safely between the EU and participating U.S. companies A new set of rules and binding safeguards to limit access to data by U.S. intelligence authorities to what is necessary and proportionate to protect national security U.S. intelligence agencies will adopt procedures to ensure effective oversight of new privacy and civil liberties standards A new two-tier redress system to investigate and resolve complaints of Europeans on access of data by U.S. Intelligence authorities, which includes a Data Protection Review Court Strong obligations for companies processing data transferred from the EU, which will continue to include the requirement to self-certify their adherence to the Principles through the U.S. Department of Commerce Specific monitoring and review mechanisms. The announcement immediately received criticism of a potential Schrems III case, of which both sides are committed to avoid through careful and deliberate cooperation. The issue, identified by critics on both sides of the Atlantic, center around the permanence of an Executive Order versus statutory change. However, this has been the major impediment throughout the negotiations, and one that has been heavily considered in crafting the impending agreement. A permanent and successful construct to facilitate cross-border transfers between the EEA and the US has been a priority for well over a decade and this new arrangement will have been crafted to alleviate foreseeable legal objections. Both sides assure us of this and stand firm in their intent. When will the Trans-Atlantic Data Privacy Framework be adopted? While many of the details still remain unclear, the U.S. and EC have represented that the next steps will be to translate the agreement in principle into legal documents. First, consider that the last two adequacy decisions adopted by the EU ran 93 pages (the UK) and 122 pages (South Korea). Both significantly longer than the current Privacy Shield Framework. Also, the mechanisms the US must implement by way of the Executive Order are not trivial, especially creating a Data Protection Review Court. That said, we will continue to monitor the developments of this agreement and look forward to updating you when the requirements have been released. Once prepared, the agreement will be submitted to the European Data Protection Board for approval as required by the General Data Protection Regulation. The European Data Protection Supervisor also released statements supporting the agreement in principle lauding that he “recognizes the importance of such a deal to strengthen the longstanding EU-US relationship and mutual understanding of the importance of privacy and data protection.” “a new framework for transatlantic data flows must be sustainable in light of requirements identified by the Court of Justice of the European Union.” Should you stay or should you go? If you are currently part of the Privacy Shield program, we recommend you stay. Companies that have previously certified with the U.S. Department of Commerce are eagerly awaiting the final documents. If you’re currently part of the Privacy Shield program, we recommend staying until the new agreement has been released. Although the current EU-US Privacy Shield has been invalidated as a data transfer mechanism, it remains a set of commitments that fall under regulatory oversight from the Department of Transportation and the Federal Trade Commission (FTC). If you’re looking for a framework that says, “I am committing to following an external set of requirements, subject to active government enforcement, that demonstrates accountability to objective third party criteria,” then you should stay a part of the Privacy Shield. Also, when there is eventually a replacement, it will be easier to transfer to the new program. Another good reason to stay is the complexities and consequences of withdrawal. Withdrawal is not a simple matter of pulling your name off the list of participants. If you are currently processing data that you acquired under the Privacy Shield, you can no longer process it if you leave the program. You must delete it and inform the relevant controllers. If you continue to process it, you could face heavy fines from the FTC, contractual issues, and both you and your controllers may face regulatory inquiries from EU regulators. To avoid heavy fines and avoid pausing your data processing, there is an alternative to validate your international data transfers. In addition, we welcome those companies who were previously Privacy Shield participants to return to our TRUSTe Privacy Shield Verification program. Alternative data transfer options We highly recommend using the Standard Contractual Clauses (SCCs) as a fallback option post-Privacy Shield, as preparing your international data transfers with the SCCs will also prepare your organization to adopt the replacement to the Privacy Shield (whenever it arrives). However, it’s worth noting that the old SCCs were easy to use out of Schrems II. Post Schrems II, for every international data transfer, you must conduct a data transfer risk assessment You will need to review the legislation and surveillance practices in the countries you receive data from, send data to, or where people in that country access the data, assess if it’s problematic from a European perspective, and verify if you can mitigate any risks with supplementary measures. Mitigate your risks for international data transfers When it comes to international data transfers, TrustArc has you covered. Understanding the risks of international data transfers is complicated, nuanced, and time-consuming. TrustArc’s automated approach combines deep regulatory understanding and expert risk analysis, keeping your transfer assessments up to date. TrustArc’s International Transfer Package helps organizations: Identify, manage, and mitigate risk through our algorithm that automatically detects data flows with transfer risk Conduct data transfer and risk threshold assessments Leverage templates that help operationalize regulatory requirements and trigger compliance mechanisms ==================================================================================================== URL: https://trustarc.com/resource/user-privacy-focus-xiaomi/ TITLE: User Data Privacy: A Top Focus for Xiaomi | TrustArc TYPE: resource --- Xiaomi scores big on user data privacy protection User privacy has become front and center for organizations across the globe – and for a good reason. More data is being collected than ever before. have accelerated how data is collected, stored, and used. This acceleration has also inspired a flurry of user privacy laws, leaving teams scrambling to keep up. Although this is a time-consuming task, respecting user privacy and achieving GDPR compliance have their benefits. Organizations that prioritize user privacy effectively build trust with consumers. Whether your organization’s consumers are other businesses or the general population, privacy management is becoming a differentiator People and organizations are putting more weight on user privacy as a factor in their decision making. In fact, Forrester’s research revealed that three-quarters (75%) of organizations say they consider the safeguarding of customers’ privacy to be a competitive differentiator. Your customers want to do business with organizations they can trust. For that reason, it’s easy to see why Xiaomi, a consumer electronics company, upholds the highest standards of user privacy policies and practices. Exciting products without sacrificing user privacy Xiaomi is a Global Fortune 500 company founded on the . They manufacture consumer electronics such as smartphones and smart hardware connected by an IoT platform. As one of the world’s leading smartphone companies, Xiaomi’s IoT platform has over 400 million connected smart devices. Or in other words, a plethora of data. Rather than profit from its user data, Xiaomi took the path less traveled. From its inception in 2010, it has adopted the concept of privacy by design in its product development process. Xiaomi is constantly seeking innovative technologies to protect user privacy. By following 5 privacy principles, Xiaomi embraces its vision to make friends with users and be the coolest company in the users’ hearts. Friends are transparent. Friends aren’t out there selling your stuff behind your back or sending you spammy messages. Friends have your back. Just like Xiaomi has their customer’s backs. Before GDPR was passed, Xiaomi established its Security and Privacy Committee in 2014. Two years later, Xiaomi became the first Chinese enterprise to receive TrustArc’s Enterprise Privacy certification After adopting the GDPR of the EU compliance assessment in 2018, Xiaomi has continued to improve data protection and user privacy through assessments and certification How Xiaomi’s user data privacy protection keeps improving Staying true to its values, Xiaomi wanted to ensure that its processing of personal information is performed in compliance with the General Data Protection Regulation. To do so, Xiaomi decided to conduct an of its data protection and security management through TrustArc. Cui Baoqiu, Xiaomi Vice President and Chairman of the Security and Privacy Committee, explains in a press release “the GDPR Validation Assessment is an important step in continuously enhancing the company’s data and security compliance. We regularly engage with TRUSTe, as well as other credible institutions globally to warrant that Xiaomi’s user privacy protection, including GDPR compliance, keeps improving and perfecting its practices to offer our users reliable and trustworthy products and services. I’m very pleased to see that Xiaomi has completed TRUSTe’s annual audit of GDPR privacy compliance, which demonstrates our commitment to privacy protection.” The TrustArc GDPR Validation Requirements focus on privacy program level measures in eight areas: Reporting and Certification The measures in this assessment are designed to provide reasonable assurance that all 40 GDPR Validation Requirements are met. Due to Xiaomi’s commitment to user privacy at its core, it has met the applicable validation requirements for processing personal information. Compliance inspires brand loyalty An organization with as much data as Xiaomi can’t risk the consequences of violating GDPR or the loss of customer trust. Meeting the GDPR validation requirements gives Xiaomi executives peace of mind when it comes to user privacy and data security. While some organizations are just starting to comply with privacy regulations, Xiaomi has embraced user privacy from the beginning. This demonstrated commitment to privacy protection sets Xiaomi apart from its competitors and inspires a friendship with its customers. No matter the size of the organization, user data privacy is no longer a “nice to have” – it’s a “must have” to stay competitive in today’s market. Don’t treat customer privacy as just another thing to do. Embrace user privacy to build consumer trust and loyalty ==================================================================================================== URL: https://trustarc.com/resource/less-third-party-data/ TITLE: A World With Less Third-Party Data | TrustArc TYPE: resource --- How to manage the shift in digital data privacy Google’s announcement about phasing out support for third-party data cookies left companies across industries shocked and concerned. What does this mean for advertising capabilities? Though the timeline for Google to follow through on this plan (yet again), advertisers need to face this new reality and update strategies to rely less on third-party customer information. The root of this decision stems from the increasing demands for privacy from consumers. Everyday consumers are becoming savvier about what happens to data collected and shared about them online. Additionally, new privacy laws are being introduced to protect them. This will not end anytime soon – privacy laws will only become more common and stringent. How can organizations get ready for a world without third-party data? First, let’s review what exactly third-party data means. What is third-party data? The best way to identify if data is “first-party” or “third-party” is to look at the data. If a company collects data about a website visitor via a website form — it’s There’s a direct relationship between the person filling out the form and the company operating the website. If the information was collected via a third-party app or service, then sold or given to the company, it’s An example of third-party data could be information that was gathered about someone by tracking their online browsing via cookies. In this situation, the information may be sold to a company that wants to use data to better advertise its products to this person. There’s no direct relationship between the company using the data and the consumer (and the consumer is likely unaware that their information has been given to that company). It’s easy to see how a decrease in the amount of third-party data can really impact a brand’s ability to advertise effectively. If a company can only use information about a consumer that it collects directly, then there’s a much smaller pool of information to work with to create a targeted ad. An emphasis on collection and consent In this new reality, organizations are going to focus more heavily on collecting first-party data to inform their advertising efforts and customer acquisition strategies. To do so, company’s need to ensure to collect and use said data is given by a customer. A consent action must take place at the time of data collection — this could happen via checking a box on a form, clicking “accept” in a dialogue box, or something similar. The main difference in this new reality is that we’ll be moving from a world of implicit consent to explicit consent. With cookies, consent was often given with something passive like a default opt-in. But now organizations need to focus on gaining explicit consent — clear and contextual opt-in actions that explain to customers how their personal data is collected and used. TrustArc’s holistic approach to consent At TrustArc, we’re looking at enhancing our products to help organizations take advantage of this shift in the industry and collect data that is useful and compliant. Consent & Preference Manager tool allows organizations to seamlessly collect and store information about customers and share it with relevant partners in their ecosystem. The tool stores consent from consumers as it’s collected, and allows our customers to more freely use and store data without worrying about legal ramifications or privacy law concerns. Ultimately, our Consent & Preference Manager makes the opt-in process more seamless for consumers and our customers alike. And with a more seamless process, more consumers will opt-in to share their data, which will enhance the data pool you’ll have to work with. Our view is that the consent experience should be more holistic. Strive to build a trustworthy relationship with consumers, communicate clearly about what information you’re collecting and why. A strong foundation of trust is essential for a positive brand/consumer experience. ==================================================================================================== URL: https://trustarc.com/resource/benchmarking-your-companys-privacy-program/ TITLE: The Top Challenges in Data Privacy Management | TrustArc TYPE: resource --- The Top Challenges in Data Privacy Management Benchmarking your company’s privacy program With a growing number of disparate privacy regulations worldwide, more companies are turning to privacy management software solutions built for this purpose. Currently, those that have done so have been most effective in managing privacy, as evidenced by their scores on TrustArc’s Global Privacy Index. With capabilities to manage the many elements of privacy required, the strong majority of Privacy professionals are likely to favor such a solution. Now in its second year, the 2021 TrustArc Global Privacy Benchmarks Report highlights how companies’ priorities and strategic approaches to data privacy and security are evolving and what their top challenges in privacy management and compliance readiness are. Key findings from the 2021 Global Privacy Benchmarks Report include: Privacy is becoming a priority at the highest levels : 83% of enterprises have created formal Privacy Offices this year compared with 67% in 2020, an increase of 16 percentage points. Increasing security risks are a key factor in privacy prioritization : Cybersecurity risks from third parties or attackers are a top privacy concern for leaders, with 51% highlighting it as their top challenge for 2021. Privacy work is never done : Across all roles, from senior executives to full-time employees, 73% agree or strongly agree they should do more on privacy. “What we see is worry on privacy from many angles, alongside many new regulations. The Pandemic accelerated these issues, with many workplaces shifting to work from home. It exposed vulnerabilities, with more breaches and cybersecurity attacks happening,” said Chris Babel, CEO of TrustArc. “Privacy teams and individuals have a lot more to manage, at a time when more threats are emerging. To do their job well, they require a solid underpinning of security and they require tools to manage privacy in all its many forms across many more privacy regulations. Purpose-built privacy software is the season’s must-have. found that companies enhanced their privacy management strategies substantially within the last year. The use of purpose-built privacy software stood out in increasing competence and confidence in an enterprise’s ability to manage privacy. comprehensive strategic and reportable privacy management platform score significantly higher on the Global Privacy Index Maintaining a privacy culture that permeates from the Board of Directors through the ranks, as well as incorporating privacy into core business strategy, were other distinguishing features of these privacy leaders. ==================================================================================================== URL: https://trustarc.com/resource/achieving-responsible-data-sharing/ TITLE: Achieving Responsible Data Sharing | TrustArc TYPE: resource --- The ICO Data Sharing Code example Data Sharing Code of Practice was enacted on 5 October 2021. It was laid before Parliament on 18 May 2021 and issued on 14 September 2021 under the DPA (Data Protection Act) 2018. enable responsible data sharing by setting up best practices. How can you achieve responsible data sharing? What should be in the contract? When do you need a contract? The ICO Data Sharing Code example answers these questions. Responsibilities when sharing data Data sharing means sending data, receiving data, or both. So, it can lead to many economic and social benefits, including more significant growth, technological innovations, and the delivery of more efficient and targeted services. Information Commissioner Elizabeth Denham said the COVID-19 pandemic brought the need for fair, transparent, and secure data sharing into an even sharper focus. I have seen first-hand how sharing data between organizations has been crucial to supporting and protecting people during the response to the COVID-19 pandemic.” What should be in a data sharing agreement? Most organizations transfer data, whether between entities within the group or with external third parties. However, if the data being shared by an organization is “personal data”, additional steps need to be taken to ensure the sharing of such personal data is lawful. These agreements identify the parameters which govern the collection, transmission, storage, security, analysis, re-use, archiving, and destruction of data. According to the ICO, a data transfer agreement should include details about: the purpose of the data sharing what is going to happen to the data at each stage The ICO Data Sharing Code The new ICO’s Data Sharing Code replaces the previous code from 2011, published in relation to the Data Protection Act 1998. The new Code primarily addresses data sharing by controllers and guidance on sharing personal data fairly, lawfully and in compliance with the accountability principle. Information Commissioner Elizabeth Denham said: “We have written this Data Sharing Code to give individuals, businesses and organizations the confidence to share data in a fair, safe and transparent way in this changing landscape. This code will guide practitioners through the practical steps they need to share data while protecting people’s privacy. We hope to dispel many of the misunderstandings about data sharing along the way.” The regulator will also increase its engagement with organizations to help them understand the code and promote its benefits. Before sharing data, it is essential to establish: the identity of and the relationship between the parties the type of personal data being shared the legal grounds for sharing such personal data where the relevant parties are based. Furthermore, organizations need to ensure that any data transfers are properly documented, including in the Register of Processing Activities. Unlawful data sharing can have enormous consequences and fines. It could lead to bad publicity and have adverse impacts on brand value, consumer confidence and business profit. TrustArc can help you ensure your data sharing arrangement is compliant with the data protection legislation in the UK or the country your organization is based. ==================================================================================================== URL: https://trustarc.com/resource/lessons-from-edpb-binding-decision/ TITLE: A New Irish Fine: Lessons Learned from the EDPB Binding Decision | TrustArc TYPE: resource --- WhatsApp fined 225 million Euros for violations of the GDPR The Irish Data Protection Commission (DPC) has imposed a fine of €225 million on WhatsApp’s European headquarters following an that took many years to complete. In addition to the fine, WhatsApp has received a compliance order, which it needs to fulfill within 3 months. The sanctions are imposed for violating the transparency principle and requirements under the European Union’s General Data Protection Regulation (GDPR). This in itself is noteworthy, but the case becomes more interesting because the sanctions are a result of a by the European Data Protection Board (EDPB) following objections against the draft findings and sanctions proposed by the Irish DPC. The full report of the EDPB on the dispute resolution procedure sheds light on the considerations of the various regulators, as well as on some novel and updated interpretations of the GDPR by the EDPB. Here are three decision elements that might be relevant for other companies. Processing personal data based on a legitimate (business) interest has been possible in Europe for a long time already. Under the former 1995 Data Protection Directive, the Article 29 Working Party (WP29, the predecessor of the EDPB) issued an on how the legitimate interest should be used. In any case, a legitimate interest should be “sufficiently clearly articulated” and “represent a real and present interest” in order to be valid. If that is not the case, the required balancing test could not be completed. Furthermore, where legitimate interest is used, information needs to be provided to the individual on the basis of Article 13(1)(d) GDPR. In the WhatsApp Binding Decision, the EDPB writes that it “considers that the purpose of these duties of the controller is to enable data subjects to exercise their rights under the GDPR, such as the right to object pursuant to Article 21 GDPR, which requires the data subject to state the grounds for the objection relating to his or her particular situation.” Therefore, “full information on each and every processing operation” needs to be provided to the individual. One of the concerns was raised against the way WhatsApp provided notice on their use of legitimate interests. Several purposes for data processing and several legitimate interests were listed, without making clear how each of these relate to each other. Also the use of words like “other business services” or “maintaining innovative services and features” cannot meet the approval of the data protection authorities, because they “do not meet the necessary threshold of clarity and intelligibility.” When relying upon legitimate interest(s) for your data processing operations, ensure each legitimate interest is made clear in your privacy notice, with a clear link to the types of data used for each data subject category and the intended purpose(s). The second contentious issue is the question whether phone numbers of non-users, collected when matching an address book with WhatsApp’s current user list to facilitate connections, remain personal data, even after so-called lossy hashing. Lossy Hashing is an encryption technique which basically ‘translates’ the phone number of a non-user into a code that at first glance does not have any meaning. The EDPB discusses the objections of multiple data protection authorities. In short, all argue that the original Irish DPC finding that lossy hashed data does not constitute personal data is incorrect, since re-identification is possible and does not require a lot of effort. This is due to the way the technique is implemented by WhatsApp, by only using up to 16 phone numbers, instead of the full available, and by “linking a lossy hash to mobile phone numbers of those users who uploaded numbers via the Contact Features that fall into the group of different phone numbers that would have generated that same lossy hash.” Furthermore, if these data are regarded as personal data, additional violations of the GDPR should be noted, both in terms of the legal basis to process these data and the information provided to individuals. The EDPB does not raise principled objections against the possibility to match user lists against a database, while using a lossy hash on non-users to limit the amounts of available data. However, a “table of lossy hashes together with the associated users’ phone numbers [retained] as Non-User List constitutes personal data.” As such, this processing activity requires its own legal basis and proper information to be provided to individuals. The final learning point in the EDPB Binding Decision relates to the calculation of the administrative fine. In their draft decision, the Irish DPC set a proposed range for the fine amount, with a cap that was calculated on the basis of the annual combined global turnover for Facebook Inc and WhatsApp Ireland, given they should be regarded as a group of undertakings under the GDPR. The question raised however, was “whether turnover is relevant only to determine the maximum fine that can be lawfully imposed, or whether it is potentially also relevant in the calculation of the fine amount”. The EDPB considers a “conclusion that turnover may be considered exclusively to calculate the maximum fine amount is unsustainable,” because a fine needs to be effective, proportionate and dissuasive. Furthermore, GDPR explicitly provides for dynamic fines, which should allow for taking into account turnover as well as other considerations, like intent or negligence and others mentioned in Article 83(2) GDPR. This is also considered in line with case law from the Court of Justice, especially when it comes to the dissuasiveness of the fine. ==================================================================================================== URL: https://trustarc.com/resource/adequacy-decisions-in-the-uk/ TITLE: Understanding the Two Major Adequacy Decisions in the UK | TrustArc TYPE: resource --- Adequacy decisions are the easiest way to transfer personal data out of the EU. Once the European Commission has determined the level of protection in a country or region is essentially equivalent to European standards, data can flow freely without any prior authorizations or specific contractual requirements. In the case of the United Kingdom, almost five years from when the Brexit vote took place, the questions around UK adequacy have been laid to rest. In June 2021, the European Commission adopted a pair of adequacy decisions for the UK How are organizations impacted by the adequacy decisions in the UK? and EU citizens? Why are there some concerns about those adequacy decisions at the moment? What are adequacy decisions for the UK? In June 2021, just in time for the final Brexit transition period, the European Commission has adopted two adequacy decisions for the United Kingdom – one covering the GDPR and another for the Law Enforcement Directive (LED). Under the GDPR, the adequacy decision is relevant for anybody in the commercial sector and government authorities to facilitate smooth trade between the UK and the European Union. Under the LED, the adequacy decision is in place to keep police and judicial cooperation between the EU and the UK and, thus, effectively fighting against crime. What are the key components of those adequacy decisions? Below you can find listed critical elements forming the basis of the adequacy decisions. The UK’s data protection system continues to be based on the same rules that were applicable when the UK was a Member State of the EU. In addition, the UK has fully incorporated the GDPR and the LED in its legal system. The European Commission found that the UK’s data protection system adhered to the same rules applicable when an EU member state. It had “fully incorporated” the principles, rights, and obligations of the GDPR and Law Enforcement Directive into its post-Brexit legal system. The UK system provides for solid safeguards to access personal data by public authorities in the country. There are remedies in place if, for example, a person suspects they have been subject to unlawful surveillance. They can complain with the Investigatory Powers Tribunal and seek redress. The UK is also subject to the European Court of Human Rights. It will have to adhere to the European Convention of Human Rights and the Council of Europe Convention for the Protection of Individuals concerning Automatic Processing of Personal Data. Both adequacy decisions include a ‘sunset clause’, which means they will last for a limited period of four years after entering into force, which is until 2025. During these four years, the Commission will monitor the legal situation in the UK. It could intervene at any time if the UK deviates from the current level of data protection. After this period, adequacy findings may be reviewed and renewed if the UK continues to ensure the equivalent level of data protection as the EU. What does it mean for organizations operating in the UK? And EU citizens? The EU has the highest standards when it comes to personal data protection. When personal data is transferred abroad, EU citizens should benefit from the same level of data protection. In this context, Didier Reynders, Commissioner for Justice at the European Commission, said: “After months of careful assessments, today we can give EU citizens certainty that their personal data will be protected when it is transferred to the UK.” Indeed, personal data can continue to flow freely and without restriction from the European Union to the United Kingdom, benefiting from an essentially equivalent level of protection. It will not need to rely upon data transfer mechanisms, such as the EU Standard Contractual Clauses, to ensure an adequate level of protection. The adequacy decisions also facilitate the correct implementation of the EU-UK Trade and Cooperation Agreement, which foresees the exchange of personal information. There are still some concerns. A big concern is, however, are the extensive government surveillance laws in the UK. While in the EU, these could not be assessed since national security is out of scope for the EU, but these UK laws suddenly do become relevant as a third country. Furthermore, there is concern around the UK adequacy decisions as the UK has the need for more flexibility with their data protection rules. flexibility is meant to encourage investments in the UK , resulting in more business. The extent to which the UK legislation may deviate in the future is unknown, but more leeway is expected for companies to re-use data. Also, cookie rules will likely change. For this reason, the EU Commission has set these adequacy decisions with a sunset clause. A sunset clause in this particular situation means that the adequacy decisions will automatically expire in four years, at which point the EU will actively review the UK legal framework. If it’s still considered as essentially equivalent, then the EU will propose to extend the adequacy. However, should the UK rules indeed deviate from the GDPR during the four years, the EU Commission is allowed to initiate an earlier review and suspend, or even repeal, the adequacy decision. The EU and UK have avoided interruptions to their data transfers. Which should be a relief to data exporters based in the EU who otherwise would have needed to implement complex data transfer mechanisms, such as standard contractual clauses. But whether courts will challenge the UK’s data adequacy status is still uncertain. ==================================================================================================== URL: https://trustarc.com/resource/uk-post-brexit-data-transfer-consultations-started/ TITLE: UK: Post-Brexit Data Transfer Consultations Started | TrustArc TYPE: resource --- On 11 August, the data protection regulator in the United Kingdom, the Information Commissioner’s Office (ICO) opened a consultation on international data transfer post-Brexit. Like the EU GDPR, the UK GDPR allows for post-Brexit data transfers based on so-called appropriate safeguards, which include the use of approved model clauses. In the EU, the European Commission recently updated the Standard Contractual Clauses The ICO now proposes a model International Data Transfer Agreement (IDTA) that can be used for data transfers originating in the UK. In addition, the consultation comprises guidance on the Transfer Risk Assessment (TRA) and a draft UK addendum, that could be used in combination with the EU SCCs. The international data transfer agreement is a draft contract that can be used as a legal basis to transfer personal data out of the UK on the basis of so-called appropriate safeguards, under article 46 UK GDPR. It would only be required when transferring data to countries that are not deemed adequate by the UK. The use of the agreement is subject to a transfer risk assessment (see next section). Also, if you are a data processor subject to the UK GDPR, but your data controller is not subject to the UK GDPR, there is no need to use the IDTA, since that would not be a restricted transfer – other contractual requirements may of course still exist. The set-up of the IDTA is different from the EU SCCS. The main content is covered in a series of tables that need to be filled out, including on the parties involved, the details of the transfer, the transferred data and the security requirements. Other sections of the IDTA cover Extra Protection Clauses (in case the TRA identifies that additional safeguards are needed), Commercial Clauses (for example the regular data protection requirements under article 28 UK GDPR) Mandatory Clauses (covering the various obligations of the data exporter and importer, individual rights, oversight, redress and enforcement of the clauses) Instead of including commercial clauses, it is also allowed to refer to a data processing agreement as a “linked agreement”. The draft IDTA makes clear that there is some room for flexibility when using the document. For example, it is not mandatory to use the tables that are included, as long as all the content is covered in a signed contract. The mandatory clauses may – bar some limited alignment exceptions – The transfer risk assessment It is clear the ICO considers also the UK remains subject to the , meaning that all data transfers are subject to the essentially equivalent level of data protection in the country where data are sent to, or from where they are accessed. is therefore required in order to find out “whether the laws and practices include safeguards which are sufficiently similar in their objectives to the principles which underpin UK laws”. In other words: will the safeguards you put in place to accompany the transferred data, for example via the IDTA, be respected and are they sufficient? For routine and relatively straightforward data transfers, especially those with only one partner in one third country, data exporters can rely upon the TRA tool, described in the consultation papers. This is a three step approach. First assess the transfer itself – is it of low risk to individuals? Next, verify if the IDTA is likely to be enforceable in the country of destination. Finally look for appropriate data protection from third-party access. For more complex or high risk data transfers, more in-depth assessments are required. In all situations, should the TRA result in the conclusion that there are serious risks associated with the data transfer , these risks need to be remedied with additional safeguards to be included in the IDTA. The consultation documents contain extensive overviews of potential risks, as well as elements that can contribute to a conclusion the risks are low. distinguishes between various types of data subjects in their , including employees, patients, business contacts and consumers As is the case under the EU’s data transfer impact assessment, the conclusion could very well be that the data transfer entails risks that cannot be mitigated. If that is the case, the transfer may not continue or be started Furthermore, note that both the IDTA and the TRA need to be reviewed at least on an annual basis. If the situation has not changed, that should be a relatively straightforward process, but the review is mandatory. Using the EU SCCs for data transfers originating in the UK The third document up for consultation is an that could be used in combination with the EU SCCs, in order to make them valid for the UK as well. The ICO is considering creating similar addenda for model data transfer clauses from other jurisdictions as well, like New Zealand and the ASEAN countries. Signing the addendum would “change” the language of the European Commission approved SCCs when the clauses are relevant for the UK, obviously without really changing the wording of the contract valid in the EU. If the addendum is indeed approved, this would be a very business-friendly way to extend the scope of transfer agreements that have been negotiated, signed and executed to also encompass the UK without a lot of extra work. Documents referenced in this blog are subject to a consultation by the ICO. The consultation questions are available in a released by the ICO. Responses can be provided until 7 October 2021, 5pm BST. The final versions of the transfer documentation will be developed based on the consultation responses. ==================================================================================================== URL: https://trustarc.com/resource/emerging-markets-a-ride-sharing-app-in-colombia-fails-to-certify-the-deletion-of-personal-data/ TITLE: Emerging Markets: A ride-sharing app in Colombia fails to certify the deletion of personal data | TrustArc TYPE: resource --- Drinking and driving is never a good idea and is illegal, depending on the circumstances. This is particularly true in a city like Bogota, where a population of close to 10 million, an elevation of 8,660 feet above sea level, and occasional foggy nights can make things confusing for drivers that indulge in a few drinks after work. Perhaps, this is why many Colombians embraced the convenience of an app that hails a designated driver to pick them up at their favorite bars and ensure that users and cars arrive home safely. But not all consumers want their personal data to reside in the app forever. After all, it may pertain to their residence, vehicle information, favorite bars, drinking habits, and credit card number. Fortunately, Colombia has a Data Protection Law to protect consumers in these situations. Colombia’s Superintendence of Industry and Commerce (SIC) issued an enforcement action that illustrates the need to manage requests for the deletion of personal data in emerging markets. What happened in this enforcement action? A consumer could not remove their credit card information from the app and submitted a request to delete their data. The ride-share company agreed and offered to issue a deletion certificate. However, a month later, the data still needed to be deleted. So, naturally, the consumer filed a complaint with the SIC, and a full investigation ensued. failing to demonstrate the deletion of the consumer’s personal information is a breach of two sections of the Data Protection Law: (duty to guarantee the exercise of the habeas data right). The ride-share company was penalized with a fine of COP 44,658,840 (US$ 11,711) along with orders to Document processing procedures Develop a procedure for consumers to exercise their habeas data rights, And implement a plan for supervision and periodic review to ensure compliance within two months. A framework-based analysis is available . The entire decision (in Spanish) is GDP per capita of USD 5,332 Internet Penetration of 65% Enforcement actions involving monetary fines and comprehensive revisions of privacy practices are not rare. As its 50 million people continue to embrace electronic communications to navigate the intricacies of its geography, more frequent scrutiny on privacy compliance must be expected. ==================================================================================================== URL: https://trustarc.com/resource/webinar-master-your-data-inventory-and-meet-your-ropa-requirements/ TITLE: Master Your Data Inventory And Meet Your ROPA Requirements TYPE: resource --- Master Your Data Inventory And Meet Your ROPA Requirements Are you collecting personal data as part of your business? Let’s face it. Most businesses today rely on some amount of personal data, whether it’s related to HR practices, employee relations, or generating leads for your sales team. Personal data is a key component in how many internal processes and systems work. But do you know everything you need to know about the personal data you process or use? There are a number of regulatory and legal questions related to personal data processing that you need to be able to answer. For example, do you know how personal data flows in and out of your internal systems and the systems belonging to your vendor ecosystem? Does your personal data processing carry any risk, and if so, how much? These are just a few initial questions to consider, in addition to the requirements related to producing various compliance reports, including records of processing activities (ROPAs) under Article 30 of GDPR. In this webinar, our panel of experts will demonstrate how TrustArc’s help you simplify your privacy operations and have a clear overview of all data processing activities within your organization. This webinar will review: The benefits of creating a data inventory How to easily build a ROPA/data inventory with TrustArc solutions How to meet your ROPA requirements of GDPR’s Article 40 with automatic data flow map generation How to automate data inventory and ROPAs This webinar is eligible for 1 CPE credit. VP of Product Management, TrustArc Global Data Protection Officer, Edgewell Privacy Services Lead, Cybersecurity, Technology Risk and Privacy, CohnReznick ==================================================================================================== URL: https://trustarc.com/resource/essentials-for-a-modern-trust-center/ TITLE: Top 6 Essentials for a Modern Trust Center | TrustArc TYPE: resource --- Top 6 Essentials for a Modern Trust Center Simplify your trust and safety content management In today’s fast-paced environment, efficiency, streamlined operations, and business impact are top priorities for privacy, legal, and security teams. Trust Centers are emerging as a crucial solution, offering a range of benefits such as faster sales processes and improved customer experiences. However, navigating the best practices for establishing a Trust Center can be complex. Our infographic outlines the six key elements essential for a modern Trust Center and illustrates how a no-code, customer-focused approach can simplify updates, improve user experiences, and consolidate trust-related information in one place. Download our infographic to learn the essential strategies for developing a Trust Center that keeps pace with evolving privacy regulations and secures enduring trust from your customers. ==================================================================================================== URL: https://trustarc.com/resource/peru-drafts-privacy-legislation/ TITLE: Peru Drafts Privacy Legislation to Strengthen its Regime | TrustArc TYPE: resource --- On July 28 2021, Francisco Sagasti will conclude a nine-month tenure as President of Peru. Albeit not the shortest in recent Peruvian history (his predecessor lasted five days), his government steered Peru through the COVID-19 pandemic, profound institutional crisis, and a complex general election. Amidst this context, the Sagasti administration sent an urgent request to Congress to discuss a draft law that would create a new, more independent data protection agency and overhaul Peru’s data protection regime to align more closely to the GDPR. Significant changes introduced by Peru’s draft privacy legislation The “National Authority of Transparency, Access to Public Information and Protection of Personal Data” (DPA) would replace the “General Directorate of Personal Data”. While it remains part of the Ministry of Justice and Human Rights, it outlines its policies and gains functional autonomy to manage its budget and legal representation. Duty to appoint a Data Protection Officer: Private and public organizations would be obliged to designate a Data Protection Officer (DPO) under criteria outlined by the DPA. DPOs must coordinate with their Information Security Officers to report security incidents. Duty to appoint a local representative: Organizations that are not located in Peru but conduct business in Peru or process the personal data of Peruvian residents would have an obligation to designate a local representative under criteria outlined by the DPA. Right of Data Portability: §23-A would incorporate a right to data portability in terms that are comparable to §20 of the GDPR. The proposed legislation would create an explicit obligation to report security incidents involving personal data. Under current legislation, such reports only take place voluntarily. Peru’s Internet Penetration grew from 3% in the year 2000 to almost 60% in 2019. A lot of growth is still possible and necessary. Whether this draft legislation will pass before the end of July is hard to predict. However, a more independent DPA, clear breach response obligations, and an overall privacy regime that conforms with current international standards should make compliance activities in Peru more consistent and therefore attainable. As we see in other expanding digital economies, such as , interoperable data protection requirements are beneficial to both internal implementation and external growth. ==================================================================================================== URL: https://trustarc.com/resource/colorado-privacy-act-guide/ TITLE: Your Complete Guide to the Colorado Privacy Act | TrustArc TYPE: resource --- The omnibus Colorado Privacy Act was signed into law with an effective date of July 1, 2023 . Like the privacy laws passed in California and Virginia, there are a lot of details to review. Colorado is perhaps an example of what we can expect in the future – some similarities, some differences, and some new elements. Similarities include consumer rights, privacy notices, and opt-outs of certain processing activities, such as the sale of personal data. Differences between the Colorado Privacy Act and other omnibus privacy laws in the U.S. It is easy to see the similarities and differences between other state omnibus privacy laws. Like Virginia, Colorado adopts many of the concepts of the European Union’s General Data Protection Regulation, such as controllers and processors. “a person that, alone or jointly, determines the purposes for and means of processing personal data.” “processes personal data on behalf of a controller.” Colorado provides instruction on when processors become controllers through their actions. Colorado makes it clear that the determination of controller and processor is “a fact-based determination that depends on the context in which personal data are to be processed” (s. 6-1-1305(7)). A processor who doesn’t follow the controller’s instructions in the contract is then considered a controller, subject to controller requirements. “information that is linked or reasonably could be linked to an identified or identifiable individual” but does not include de-identified or publicly available information. Consumers are Colorado residents, “acting only in an individual or household context,” but not “in a commercial [B2B] or employment context, as a job applicant, or the beneficiary of someone acting in an employment context.” Who is subject to the Colorado Privacy Act? The Colorado Privacy Act (CPA) applies to controllers who conduct business in Colorado or produce or deliver commercial products or services that are intentionally targeted to Colorado residents plus one of the following two items Controls or processes the personal data of 100,000 consumers or more during a calendar year or Derives revenue or receives a discount on the price of goods and services from the sale of personal data and processes or controls the personal data of at least 25,000 consumers – Colorado residents, but not B2B or employment contexts. ” is similar to California in that it is not limited to a pure monetary exchange for personal data, but includes “other valuable consideration.” There are exceptions, such as disclosures from controllers to processors for activities on the controller’s behalf, requested by consumers, or in furtherance of mergers and acquisitions. It also excludes intentional disclosures by consumers such as using the controller to interact with third parties or to the general public using mass media. There are also broad exceptions to the CPA in general, such as the CPA does not apply to to protected health information under the Health Insurance Portability and Accountability Act , or personal data regulated under the Gramm-Leach-Bliley Act, the Children’s Online Privacy Protection Act, or the Family Educational Rights Act. There is no private right of action in the CPA and it specifies that violations of the CPA cannot be used as the basis to support private rights of actions under other laws. The Attorney General and District Attorneys have exclusive authority to enforce which can include injunctions, settlements, and penalties. Penalties can reach up to $2,000 for each violation, which is for each consumer or transaction, not to exceed $500,000 for any related series of violations. Section 6 of Colorado Revised Statutes addresses Consumer and Commercial Affairs, covering myriad topics from fair trade to health care coverage cooperatives. The Colorado Consumer Protection Act is included under Article 1 – Fair Trade and Restraint of Trade, which also includes the Notification of Security Breach under part 7, specific provisions. Once in effect, the AG or district attorneys may issue a notice of violation of the CPA prior to bringing enforcement action if they think the violation can be cured and allow 60 days to do so. This is only permitted during the first year and a half. On January 1, 2025, the optional notice and time to cure are repealed. Consumer rights under the Colorado Privacy Act Like most privacy laws, the CPA provides for consumer rights (section 6-1-1306), such as access, correction, deletion, and portability. Access includes the right to know if a controller is processing the consumer’s data , like Virginia provides. provides the ability for the consumer to receive the data in their right to access in a portable and machine-readable format, where technically feasible, that enables consumers to transmit the data to another entity without hindrance. Controllers are not required to provide information that discloses trade secrets. may only exercise the right to data portability twice per calendar year . California has a similar provision, related to certain rights (under sections 1798.110 and 1798.115), but with a significant difference. Under California a business may refuse to grant the request more than twice in a twelve-month period. Although subtle, these differences must be operationalized. There are other operational requirements, such as providing a method for consumers to submit rights requests in a manner consistent with normal interactions with the controllers and verifying authentication of the requests. Controllers are not permitted to require consumers to create accounts to submit requests but may require requests to be submitted through existing accounts. Responding to consumer requests Controllers must respond to consumer requests without undue delay and no later than 45 days after receiving the request. The timeframe may be extended to an additional 45 days, taking into account the complexity and number of requests, as long as the consumer is notified within the first 45 days and informed of the reasons for the delay. If the request is denied, controllers must provide the determination within 45 days after receiving the request along with the reasons for the determination and how to appeal the decision within. Controllers shall grant requests for free once annually. They can charge for the second or subsequent request within 12 months, at 25 cents per page for paper or the actual cost to produce the electronic copy. Note that the 12-month period does not necessarily correlate with the calendar year restriction on requests – another subtle difference that needs to be operationalized. If unable to authenticate the request, the controller can ask for additional information to do so. They are not required to respond to unauthenticated requests. Controllers must establish an internal appeals process for consumers who wish to do so upon their request being denied. The appeals process should be easy to find and request. Controllers must respond to an appeal within 45 days with a written explanation. This timeframe may be extended up to 60 additional days under the same extension requirements (reasonable given complexity and number of requests, notified within the first 45 days, including the reason for delay). The appeals response must include information on how the consumer can contact the Attorney General with concerns. Privacy notice requirements and special categories of data processing Controllers shall provide consumers with a reasonably accessible, clear, and meaningful privacy notice that includes The categories of personal data collected or processed by the controller or a processor, The purposes for which the categories of personal data are processed, How and where consumers may exercise the rights including the controller’s contact information and how a consumer may appeal a controllers action in regard to the request, The categories of personal data that the controller shares with their parties, if any, The categories of third parties, if any, to whom the controller shares personal data, and If applicable, whether personal data is sold or used for targeted advertising along with how consumers can opt out of those activities. Even though it is not an explicit requirement under the CPA to document data processing activities, the privacy notice disclosures require that controllers identify their processing activities, from collection of personal data through disclosure to third parties. Special processing activities and consent Controllers must offer convenient methods for consumers to opt out of having their data processed for targeted advertising, sales of personal data (taking into account the broad definition of sell), and profiling that carries significant consequences for consumers. The latter is reminiscent of the GDPR, but Colorado specifies what the significant consequences are that trigger the ability to opt out of profiling along with defining “profiling.” Profiling “means any form of automated processing of personal data to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. Legal or significant effects that may come from profiling are specified as decisions that result in “the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health-care services, or access to essential goods or services.” Targeted advertising means displaying to a consumer an advertisement that is selected based on personal data obtained or inferred over time from the consumer’s activities across non-affiliated websites, applications, or online services to predict consumer preferences or interest. It does include processing personal data solely for advertising performance, reach, or frequency metrics. Targeted advertising also does not include advertisements: in response to a request for information or feedback, based on activities within a controller’s own websites or application, or based on a current search query, website visit, or online application. Controllers must provide a clear and conspicuous method for consumers (or their authorized agents) to opt out both in any required privacy notice and in a clear and conspicuous and readily accessible location outside the privacy notice. Interestingly, the “authorized agents” may indicate the consumers’ intent through links indicating a preference, browser settings or extensions, or global device settings. Indeed, the technology designed and operated by entities may be deemed authorized agents, according to the language, thereby eliminating complex authorization confirmation protocols, such as notarized appointment letters. Colorado requires the Attorney General’s office to establish technical specifications for universal opt-out mechanisms. These mechanisms are optional until July 1, 2024, after which controllers must offer consumers the ability to opt out of targeted advertising, sales of personal data, and profiling using universal opt-out mechanisms. However, consumer consents to such options if provided appropriately, take precedence over the choices in the universal opt out mechanisms. Consent may be obtained through webpages, applications, or similar technology and provides clear and conspicuous notice about the choices available, categories of personal data collected and the purposes and providing how and where consumers may also revoke such consent. The withdrawal of consent must be available as easily as the consent was given – another concept directly from the GDPR. Specifically, consent does not include acceptance of general or broad terms of use or other documentation that includes descriptions of data processing along with other, unrelated information; or closing a given piece of content (so no implicit consent), or agreement obtained through dark patterns – defined as a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision making, or choice. Responsibilities of controllers, processors, and contracts The obligations on each party are not uncommon. The controller and processor must be bound by written contracts and are each responsible for only the measures allocated to them, which must be clearly documented. The CPA requires that controllers follow certain requirements, most presented as duties. One of the newer requirements is a specific requirement around secondary use of personal data. Controllers must provide a privacy notice as listed above, comprising details about the personal data processed, consumer rights and how to opt out of certain activities, contact information, categories of third parties to which data is shared or sold (given the broad definition of sell). Controllers are also not permitted to change the cost of availability of a product or service based on consumers exercising their rights. Duty of purpose specification A controller shall specify the express purpose is for which personal data are collected and processed. Duty of data minimization The collection of personal data must be adequate, relevant, and limited to what is reasonably necessary in relation to the specified purposes for which the data are processed. Duty to avoid secondary use A controller shall not process personal data for purposes that are not reasonably necessary to or compatible with the specified purposes for which the personal data are processed, unless the controller first obtains the consumer’s consent. Controllers must take reasonable measures to secure personal data from unauthorized acquisition during both storage and use. The data security practices must be appropriate to the volume, scope, and nature of the personal data processed and the nature of the business. Duty to avoid unlawful discrimination Controllers shall not process personal data in violation of state or federal laws that prohibit unlawful discrimination against consumers. As noted above, controllers are also not permitted to change the cost or availability of services or products in relation to consumers exercising their rights – which is what the CCPA provides as their right to non-discrimination. Duty regarding sensitive data A controller shall not process sensitive data without first obtaining the consumer’s consent or process personal data concerning a known child without obtaining consent from the parent or guardian. Sensitive data includes that of children (under the age of 13). Definition of sensitive data Sensitive data includes personal data revealing racial or ethinic origin, religious beliefs, a mental of physical health condition or diagnosis, sex life or sexual orientation, or citizenship or citizenship status, genetic or biometric data that may be processed for the purpose of uniquely identifying an individual, or personal data from a known child. Data protection assessments A controller shall not conduct processing that presents a heightened risk of harm to a consumer without conducting and documenting a data protection assessment on each processing activity that involves personal data acquired on or after the effective date. Heightened risk of harm includes: Processing sensitive data Processing personal data for targeted advertising or profiling if the profiling presents a reasonably foreseeable risk of: unfair or deceptive treatment of or unlawful despair impact on consumers, financial or physical injury to Consumers, physical or other intrusion upon the Solitude or seclusion of the Private Affairs or concerns of consumers if the intrusion would be offensive to a reason or purpose a reasonable person, or other substantial injuries to consumers. Data protection assessments must identify and weigh the benefits, both direct and indirect, to itself, the consumers, other stakeholders, and the public against the potential risks to the rights of the consumer. The assessments should consider the safeguards that can reduce risks , including the use of de-identified data, expectations of consumers, and the relationship between the consumers and the controller. These assessments must be provided to the Attorney General upon request, but the CPA states that the AG can use these assessments to determine compliance with any laws. a single data protection assessment can be used for processing activities that are similar. Data protection assessment requirements apply to processing activities created or generated after July 1, 2023 and are not retroactive. Adhere to the instructions of the controllers, including nature and purpose of processing along with type of personal data and duration of processing, Assist controllers in meeting their obligations regarding: consumer rights requests, data protection assessments Ensure each person accessing personal data are under confidentiality provisions Engage subprocessors only after giving controllers an opportunity to object and require written contract with the same obligations that apply to the processor, and Implement technical and organizational security measures based on risk and allocate responsibility between the parties. Contracts between controllers and processors must include: The elements listed above, plus Return or delete data at termination unless required by law to retain (optional), Processor to provide controller documentation to demonstrate compliance, and Audit/audit report requirements Contracts are not permitted to reduce or eliminate liabilities on either party imposed by the CPA. Get detailed insights, tools, and templates to help you manage the CPA and other regulations. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/virginia-consumer-data-protection-act/ TITLE: What is the Virginia Consumer Data Protection Act (CDPA)? | TrustArc TYPE: resource --- On March 2, 2021, Governor Northam of Virginia signed the next U.S. privacy bill into law: the Virginia Consumer Data Protection Act (CDPA) will apply as of January 1, 2023. new rights to the residents of Virginia. It’s only the second State in the U.S. to offer such comprehensive consumer privacy legislation after California. Who does the Virginia Consumer Data Protection Act apply to? California Consumer Privacy Act (CCPA) the CDPA includes a clear threshold. This means that businesses are covered as long as they process the personal data of 100,000 Virginian residents on an annual basis. Or of 25,000 Virginia residents if over 50% of their gross revenue is from the sale of personal data. If either threshold is met, businesses will need to offer new individual rights to their customers. What are the new Virginia CDPA rights? The new Consumer Data Protection Act rights you need to know are, are right to: Understand if personal data about them is processed or not, including extensive notice requirements Access all personal data processed Correct any issues with personal data Make the most of data portability. This means ideally offering the personal data of the individual in a format to simplify the move to another data controller. Opt-out of the sale of personal data. This includes the processing of personal data for targeted advertising and profiling. How much does it cost consumers, and how often can they apply? Exercising individual rights is free and applicable up to twice a year. The company will have 45 days to respond. However the company may extend this deadline by another 45 days if more time is needed. A reason for the delay needs to be provided. What if the request cannot be met? Any declined request must come with reasons. At all times individuals need to make sure they prove their identity, so that the business does not provide any personal data to non-authorized persons. How are Virginia Data Protection Act (CDPA) and EU General Data Protection Regulation (GDPR) similar? The CDPA has taken leads from by providing data protection principles. These must be respected by businesses processing personal information. For example: Businesses will need to ensure that the processing of personal data is “ adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed. And that it’s not further processed for non-relevant purposes. Also, an obligation is introduced to ensure “ reasonable administrative, technical, and physical data security practices draft Washington Privacy Act (WPA), also introduces the EU-inspired distinction between controllers and processors. This includes the requirement to finish a data processing agreement to regulate all data processing on behalf of the data controller. This is a first for enacted U.S. privacy laws. How does the CDPA compare to other U.S. state privacy laws? Not all of these data protection principles are also included in privacy laws in other U.S. jurisdictions. For example, the principle of purpose limitation is for example not included in the CCPA, although it will be introduced by the new California Privacy Rights Act (CPRA) , that will apply as of 2023 as well. On data security, both California privacy laws have more limited provisions, only linking some specific data security requirements to the need to avoid data breaches. How else does the CDPA stand out? Another notable provision of the CDPA requires opt-in consent for the processing of sensitive personal data. This includes any data “revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status”. It also includes genetic or biometric data to uniquely identify a person, precise geolocation data and data from known children. Finally, the CDPA introduces mandatory Data Protection Assessments for a range of situations. Data processing of sensitive personal data Purposes of profiling and targeted advertising For all processing that leads to “a heightened risk of harm to consumers”. These are standards similar to the GDPR’s obligations for conducting data protection impact assessments (DPIAs). Of note is that data controllers are allowed to weigh any benefits of the processor, against the risks of that processing to the individual. This is a similar provision to the one in the draft WPA, which is discussed for the third session in a row by the Washington State legislature. A provision requiring to conduct specific data protection or privacy assessments at the same time is notably absent from the CCPA or CPRA. How will the Consumer Data Protection Act be enforced? When it comes to enforcing the CDPA, authority lies with the Virginia Attorney General. They may bring civil investigations into any controller or processor. They can also impose penalties of no more than $7,500 per violation. The same maximum applies to any damages payable by businesses violating the CDPA. Unlike the CCPA, the CDPA does not allow for any private right of action, providing individuals with the possibility to sue a business for violation of their privacy rights. When does this take effect? As mentioned above, the Virginia CDPA will apply as of 1 January 2023. The same date the CPRA will enter into force. This means that companies meeting the application thresholds in both States will need to comply with multiple new rules from that date. Some of these rules align between the two jurisdictions, but not all of them. Will other states follow suit? More states – notably Washington, Minnesota, New York, Oklahoma and Utah – are resuming their debates on the introduction of wide-ranging privacy legislation across the U.S. So it’s likely that more specific data protection requirements will come into force around the same time. TrustArc keeps continuous track of the development of privacy legislation at U.S. State level and in countries around the world. Get detailed insights, tools, and templates to help you manage the CPA and other regulations. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/california-privacy-rights-act/ TITLE: California Privacy Rights Act will be Enforced – Be Ready | TrustArc TYPE: resource --- California Proposition 24 adopted On November 3, 2020, the Golden State voted in favor of Proposition 24, thus expanding the State’s privacy legislation with a new set of rules. The law passed with 56.1% of the vote, despite being debated heavily. Surprisingly, civil rights organizations such as the ACLU came out in opposition to the Proposition Privacy prevailed, and on January 1, 2023, the California Consumer Privacy Act (CCPA) will be succeeded by the California Privacy Rights Act (CPRA) with a one-year look back to January 2022. What does the California Privacy Rights Act (CPRA) entail? The CPRA intends to amend the CCPA by adding new definitions, new individual rights, and broadening the enforcement elements of the CCPA. As was the case with the CCPA, there are still a lot of details to be ironed out in the coming months to ensure the CPRA can be fully operational in 2023. However, quite a few of the changes are already clear. Sensitive personal information CPRA introduces the concept of sensitive personal information, which requires more data protection than regular personal information. Sensitive information includes identification numbers like identity card or passport number, the precise geolocation of a consumer, And the content of communications via mail, email, and text messages (if a business is not the recipient of the communication). As well as GDPR-aligned data elements like religious or philosophical beliefs, union membership, health, genetic and biometric data, and information related to an individual’s sex life or sexual orientation. Under the CPRA, a consumer will have the right to direct a business not to use or disseminate their sensitive information. If so directed, the business may only use the bare minimum of already collected sensitive personal information that would be needed to deliver the agreed goods or services to the consumer. This right is already included in the CCPA and will be extended ensuring that service providers will cooperate with the deletion of personal information, and allowing business to keep a confidential record of deletion requests for future reference. CPRA introduces a right of correction, allowing consumers to request the correction of inaccurate personal information. It is further clarified that a consumer for exercising their individual rights under the CPRA The exception to allow businesses to run loyalty programs and offer premium discounts in return for personal information, is made more explicit in the law. Consumers will get access to more data A data access request is not limited to just the data collected in the 12 months preceding the consumer’s request. This does not mean that companies will be forced to retain data longer than they usually do. But it may mean that if personal information is retained for 24 months, access will also need to be provided for all data collected and used during those 12 months. This obligation will apply to all data collected after 1 January 2022 for personal information needs to be disclosed in the privacy notice. Concept of purpose limitation CPRA introduces the concept of purpose limitation into the law, ensuring personal information can only be processed for pre-determined specific, explicit, and legitimate purposes. Data collection will also need to be limited to what is necessary and proportionate New cross-contextual behavioral advertising and dark pattern limitation Another new limitation relates to cross-context behavioral advertising and the use of so-called dark patterns or deceptive patterns Cross-context behavioral advertising means that advertising publishers can build a profile of an individual, to use as part of their advertising efforts. Under CPRA, individuals will get the possibility to opt-out of such data collections, also because the is expanded to also include the sharing of information without payment. individuals get a right not to be tracked online if they so wish. To make this even easier, consumers may not be nudged towards accepting the processing of their personal information by the visual presentation of privacy preferences. offering a large, bright colored “accept all” button, and a much smaller and less conspicuous link to change data collection preference. Extended data breach requirements Personal information that is both non-encrypted and non-redacted, as well as the combination of an email address and password or security question and answer allowing access to an account that is subject to unauthorized access, is considered a data breach. Under the CPRA, individuals have the right to claim compensation and other relief that is considered necessary by a court. Companies may also face administrative enforcement for breaches caused by insufficient data security. California gets a new enforcement agency From the enforcement perspective, the CPRA introduces a new enforcement agency in California , comparable to data protection supervisory authorities elsewhere in the world. California Privacy Protection Agency (CPPA) will consist of the five persons board, two of which will be appointed by the California Governor and the other members by the California Assembly, the Senate and the Attorney General. The CPPA will, among other things, be allowed to investigate violations of the law, conduct hearings and compel testimony, issue cease and desist orders as well as issue monetary sanctions. Lastly, the CPPA will also provide further guidance on the application and implementation of the CPRA. How can you prepare for the CPRA? Although some of the supporting provisions of the CPRA, including the establishment of the CPPA have already come into force, the main criteria won’t apply until January 2023. This includes an extension of the current exception for employee data in the CCPA, until 2023. But keep in mind, companies operating in California will need a process in place for handling employee privacy as well. Start by documenting the purposes for your data processing and which personal information is necessary and proportionate to achieve those purposes. It will also be helpful to document which categories of sensitive personal information are being processed. Get detailed insights, tools, and templates to help you manage the CPRA and other regulations. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/bulk-data-collection-requirements/ TITLE: New EU Case Law Clarifies Bulk Data Collection Requirements by Governments | TrustArc TYPE: resource --- Can telecommunications data be collected in bulk? Those following the legal debate following the , are well aware that one of the main arguments on the U.S. side is that the European Union should not only look at third countries’ surveillance practices but also at their own. The typical response is that this is not possible, because national security is excluded from the competencies of the EU and thus cannot be legislated by the European Commission. A series of new judgments from the Court of Justice of the European Union (CJEU) shed some new light on bulk data collection requirements by governments. The judgments, released on 6 October 2020, relate to four cases*, criticizing legislation allowing the national security agencies in the United Kingdom, Belgium, and France to collect communications traffic data based on an exception in the ePrivacy Directive from 2002. Following the terrorist attacks in Madrid and London in 2004 and 2005, the European Union created a general data retention scheme for telecommunications data that the CJEU has since struck down for not complying with the fundamental rights to privacy and data protection. Also, national laws creating a similar scheme, either based on the EU scheme or the own initiative of an EU Member State, have been annulled by the CJEU. In the current cases, the questions put to the Court included if it was possible to collect telecommunications traffic data in bulk and, if so, under what conditions. The bulk data collection judgment of the CJEU Most importantly, the CJEU has confirmed in both judgments that the transmission of personal data from a communications service provider (i.e. a telecom or internet service provider) to a government authority, including to the national security services, is covered by data protection law. In this specific case, it is the that applies, but read in the light of the GDPR. Since a transmission constitutes a data processing operation, the Court explains, it means that the communications service provider would need to comply with the requirements of the ePrivacy Directive and its national implementations. That includes the general aim of ePrivacy to ensure the confidentiality of communications It’s not relevant in this instance that national security is excluded from the remit of EU legislation, according to the Court, since national security is not the main reason the ePrivacy Directive exists. National security could however be a good reason for limitations to the confidentiality requirement of the ePrivacy Directive. According to the Court, this is possible as long as the essence of the fundamental rights to privacy and data protection, among others, continue to be respected. Bulk data collection requirements An unlimited and continuous collection of telecommunications data is not allowed. As it goes beyond what is strictly necessary in a democratic society, and could also have detrimental effects on how people live. They may stop doing things for fear of constant surveillance, thus causing a chilling effect. What would be allowed, is a time-restricted collection of telecommunications data in case of a genuine and present or foreseeable grave threat to national security. In theory, the Court would allow the data collection under these circumstances to be indiscriminate (i.e. covering everyone), but it makes clear it prefers if the government authorities put in place objective criteria to narrow the scope of data collection , for example to a specific group of people or a specific geographical location. As to the time restrictions, the Court explains the duration of the collection of data should be such that it is foreseeable, and that regular reauthorizations – based on a renewed necessity check – should take place. For such collections of telecommunications data, governments should ensure that there is a possibility for a judicial or administrative review, with binding effect, especially with regard to the existence of the genuine and present or foreseeable grave threat to national security. As long as the data collection is limited to the registration of the IP address at the source of a communication – but without the link between IP addresses being documented – the Court provides more leeway, but still imposes a time restriction. (name and address) of electronic communications users is even less restricted, and can generally take place, since it would not really contribute to the chilling effect. These two data types could therefore also be processed for other purposes, such as the fight against serious crime. The judgment of the Court is mainly directed at the governments putting in place legislation on the collection and use of telecommunications data. So why is it relevant for companies? In the first place, this is the first time since the Schrems-II decision that the Court has assessed laws against its own threshold. Paragraph 65 of the Privacy International judgment states that “the requirement that any limitation on the exercise of fundamental rights must be provided for by law implies that the legal basis which permits the interference with those rights must itself define the scope of the limitation on the exercise of the right concerned.” if mass data collection is taking place, the same law should also provide for the safeguards for individuals. In the Privacy International case, the Court held this criterion was not met, since there is no limitation to the data collection – not in time, not in location, nor in the group of people whose data are transmitted to the security services. Secondly, both judgments show that the CJEU doesn’t only criticize the legislation of the United States, but holds the EU Member States to the same standards. Unlimited data collections without access to binding judicial or administrative review is also prohibited in the EU Member States, because this interferes with the fundamental rights to privacy and data protection beyond what can be seen as necessary in a democratic society. In addition, in these cases the Court has provided further clarity on the assessment criteria for government interference. It has made clear that in case of a serious and immediate threat to national security, for example because of a suspected imminent terrorist attack, much more would be allowed when it comes to data processing than for regular law enforcement or other government interests. the data collection should be necessary and proportionate, and be accompanied by safeguards to protect the rights and freedoms of individuals *The CJEU released two judgments. in the case Privacy International v. Secretary of State for Foreign and Commonwealth Affairs and others (C-623/17), and one in the La Quadrature du Net v. Premier Ministre and others (C-511/18 and C-512/18) and Ordre des barreaux francophones et germanophone v. Conseil des Ministres and others. ==================================================================================================== URL: https://trustarc.com/resource/ccpa-regulations-take-effect/ TITLE: CCPA Regulations Take Effect | TrustArc TYPE: resource --- Final CCPA regulations approved and now effective immediately On August 14, 2020, the California Office of the Attorney General (“OAG”) sent out a notice that the final CCPA regulations have been approved by the California Office of Administrative Law (“OAL”) and filed with the California Secretary of State. Effective immediately, all organizations subject to CCPA statutes must comply with both the statutes and the regulations. Addendum to Final Statement of Reasons , the OAG noted several changes from the version of the draft regulations submitted on June 1, 2020 to the OAL. The changes were described as “non-substantive” as the OAG deemed them not to materially change “the requirements, rights, responsibilities, conditions, or prescriptions” contained in the June 1, 2020 version. Some of the changes do, however, appear to change the requirements for businesses subject to the withdrawn provisions as described below: Effect of withdrawn provision § 999.305(a)(5) – Businesses will not be required to directly contact consumers and obtain explicit consent if they plan on using their personal information for purposes that are materially different than those disclosed in the privacy notice at the time of collection. Effect of withdrawn provision § 999.306(b)(2) – Businesses that primarily interact with consumers offline will not be required to provide notice of their right to opt-out of the sale of their personal information using an offline method. Effect of withdrawn provision § 999.315(c) – The provision that was withdrawn (1) required that a business’s opt-out method be “easy for consumers to execute,” and “require minimal steps to allow the consumer to opt-out,” and (2) prohibited using a method that intended or had the substantial effect of “subverting or impairing” a consumer’s decision to opt-out.” The withdrawal of these requirements does not mean, however, that a business may have a convoluted opt-out method or one that is designed or has the effect of subverting or impairing a consumer’s decision to opt-out. Effect of withdrawn provision § 999.326(c) – Businesses may deny requests from authorized agents who do not provide signed written permission from the consumer demonstrating they have been authorized to act on the consumer’s behalf. The withdrawn § 999.326(c) would have permitted businesses to deny requests from authorized agents who did not submit “proof” of the authorization, but the regulations specify in other sections what is specifically required as a method proof, including signed written authorization. What has changed since the CCPA regulation went into effect? Though “non-substantive” changes were made between the June 1, 2020 draft regulations and the August 14, 2020 final regulations, a lot has changed since the CCPA statutes went into effect on January 1, 2020. With the CCPA regulations now enforced, here are some important takeaways organizations subject to CCPA statutes will need to make note of: Notices provided online must follow generally recognized industry standards for accessibility, like the Web Content Accessibility Guidelines (WCAG) version 2.1 Notices must be easy to read and understand, using plain, straightforward language. Notices must be available in the languages in which the business ordinarily provides information to consumers. Notice must be given at or before the time of personal information collection or a business may not collect personal information from a consumer. Businesses may not collect categories of personal information not disclosed in its notice. Individual rights requests Confirmation of requests to know or request to delete must occur within 10 business days, and businesses must provide a description of the identity verification process. Businesses must respond to requests to know and requests to delete within 45 calendar days of receipt. If identity cannot be verified within 45 calendar days, the request may be denied. Businesses may take an additional 45 calendar days to respond to a request to know or request to delete if necessary (for a total of 90 calendar days) if it provides notice and an explanation for the time extension. Certain types of personal information may never be disclosed, including for example, Social Security numbers, driver’s license numbers, financial account numbers, health insurance or medical identification numbers, and account passwords. Exceptions to complying with a request to delete include personal information on archived or back-up systems (unless and until the information is restored), deidentified personal information, or aggregated consumer information. Records of consumer requests, including responses, must be kept for at least 24 months. Requests to opt-out of the sale of personal information Businesses must comply with a request to opt-out within 15 days. Requests to opt-out needs not be verified. Browser plug-ins or privacy settings must be considered a valid request to opt-out. If a consumer who has opted out of the sale of personal information requests to opt-in, the business must use a two-step process requiring (1) a clear request to opt-in and (2) a separate step to confirm the choice to opt-in. Businesses are required to have a more stringent identity verification process for requests concerning high risk personal information. Businesses must avoid collecting new personal information for the purpose of identity verification where possible. Authentication through an online account may be used to verify identity, though a business must require re-authentication before disclosing or deleting a consumer’s data. Financial incentive programs Businesses offering financial incentives, including price and service differences, related to the collection, deletion, or sale of personal information must provide in its notice: A summary and description of terms of the financial incentive and the value of the consumer’s personal information. An explanation of how the incentive is reasonably related to the value of the consumer’s data. A good faith estimate of the value of the consumer’s data that serves as the basis for offering the financial incentive and a description of the method used to calculate the value of the consumer’s data. Businesses offering financial incentives must provide instructions for opting in to the incentive and for withdrawing from it. Except in the case of offering financial incentives, businesses may not discriminate against consumers for exercising their rights under the CCPA or the regulations. These are only some of the important takeaways from the regulations. If your business is subject to the CCPA, it is important to know the requirements . With both the CCPA statutes and regulations now in effect, prioritizing compliance elements is key. Companies are understandably in varying stages of preparedness. Get detailed insights, tools, and templates to help you manage the CPA and other regulations. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-nymity-privacy-data-governance-framework/ TITLE: Two Privacy and Data Governance Frameworks in One | TrustArc TYPE: resource --- Introducing the TrustArc-Nymity Privacy and Data Governance Accountability Framework™ Managing a cross-border privacy program can be challenging when your organization must comply with a multitude of privacy laws, each with its own specificities. Many organizations have therefore decided to use a as the backbone of their privacy and data governance program. A compliance framework uses a standard set of criteria to build out the program, which is mapped to the various legal requirements. In 2013, Nymity started the development of its Privacy Management Accountability Framework™ (PMAF) , which is currently being used by thousands of companies worldwide. It was developed to communicate the status of the privacy program and demonstrate accountability. It was also designed to report on any privacy program, no matter how it is structured. TrustArc also developed the TrustArc Privacy and Data Governance Framework (P&DG Framework) , which is embedded deep in its intelligence and operational software solutions and the TRUSTe assurance programs. After the two companies combined forces in November 2019, the joint teams have worked hard to integrate the two respective frameworks, resulting in the launch of the TrustArc-Nymity Privacy and Data Governance Accountability Framework™ (the Framework). The core of the new integrated Frameworks is formed by three pillars: Build, Implement and Demonstrate. These pillars align with the phases of developing an accountable privacy program that supports compliance with applicable laws and regulations as they evolve over time. : Design, establish, and manage a program to ensure effective governance, risk management, policies, processes, and accountability. : Define data needs, identify data processing risks, ensure the data processing is lawful, manage data flows and third parties, address individual rights, provide data security, data quality, and transparency. : Monitor, evaluate, and report on compliance, control effectiveness, risk, and maturity. Neither is a one-off exercise though – each requires continuous review for changed operational practices and legal requirements. Furthermore, the demonstration of part of the program can lead to the realization that additional controls or privacy management activities will need to be implemented to ensure ongoing compliance. One part of the integrated Framework is based on standards and controls to help organizations develop and mature their privacy programs. The 16 standards and 55 operational controls align with key privacy laws, regulations, and other external standards to support all phases of building out and managing a privacy program. This enables it to be integrated with other organizational governance, risk, and compliance programs. The operational controls guide organizations on how to build and implement their privacy program and demonstrate accountability to both internal and external stakeholders. The P&DG (Controls-Based) Framework is designed to be used at any point in your privacy program development and maturity. Privacy management categories and activities The other part of the Framework is based on Privacy Management Categories and Activities. This is the part that has been publicly known as the Nymity Privacy Management Accountability Framework.™ It aligns 13 Privacy Management Categories with key privacy laws, regulations, regulatory frameworks and other external standards to align privacy management activities that are required across jurisdictions. The integration ensures the PMAF can henceforth also be used in combination with the P&DG Framework, but it does not change its content. Organizations around the world using the Nymity Framework as a basis for their privacy program can continue to do so. The additional mapping will assist organizations that have not yet based their privacy program on a framework to get started. The Integrated Frameworks rely upon the three pillars in combination with thirteen privacy management categories that identify the main elements of a privacy program. The 139 underlying privacy management activities subsequently help organizations to identify what needs to be done to develop a compliant privacy program. These activities together form a menu for you to select what is applicable and/or relevant to you. Using the Privacy and Data Governance Accountability Framework The Framework can be used at no cost by any organization that wants to develop a structured privacy program. A framework-based privacy program is regarded by many as a strong accountability tool, since it also allows organizations to tell the story behind their privacy program. This includes the choices that were made, how the policies and procedures were developed and how do these link to the evidence of compliance that is available throughout the organization. As a result, it provides a common language for privacy management. Building a program based on a framework, instead of on the basis of a single law, allows development of policies and procedures on the basis of common data protection and privacy concepts that extend across hundreds of laws and regulations around the world. These can subsequently be aligned with the legal requirements in various jurisdictions, which will in many situations only be different when it comes to specific details. For example, the scope and exercise of individual rights under the are largely aligned, albeit that some terminology used to describe them and the timeframes for compliance are different. However, that does not need to have an impact on the steps to take within an organization to verify the identity of a requestor and finding out which data is available about them before providing a response. A framework-based approach can be implemented at any stage of a privacy program. Even if your privacy program is well-advanced, it can easily be mapped to the TrustArc-Nymity Privacy and Data Governance Accountability Framework™, which in turns allows for easy compliance checks to privacy and data protection laws around the world, today and as they change in the future. The TrustArc-Nymity Privacy and Data Governance Accountability Framework™ is fully integrated in the various modules of the TrustArc platform. Our operational and intelligence solutions, including the Data Mapping & Risk Manager and the Assessment Manager, rely upon the Framework to assist you in documenting your organization’s compliance requirements and identifying gaps and other risks. Planner and Benchmarks help you keep track of the privacy program itself, including the necessary regular reviews. Finally, our knowledge solutions, including Operational Templates & Resources, will provide you with the relevant building blocks to further develop your privacy programs. Download the Privacy Management Accountability Framework™ (PMAF). 20 Features Your Privacy Management Vendor Can’t Afford to Miss Get an in-depth look at the 20 key features to consider when choosing a privacy management vendor. ==================================================================================================== URL: https://trustarc.com/resource/managing-employee-privacy-in-the-face-of-covid-19/ TITLE: Managing Employee Privacy in the Face of COVID-19 | TrustArc TYPE: resource --- Suddenly, the world came to an almost complete standstill. What few expected to happen in these modern times of continuous global travel and interconnectedness did happen after all. COVID-19, or the Coronavirus, has caused governments to close national borders, issue ‘shelter at home’ warnings, and cancel public and private group gatherings and events. Many companies have adopted policies and remote work practices requiring or allowing their employees to work from home in situations where their responsibilities can be managed off-premise. At TrustArc, we receive a lot of questions about the privacy implications of the COVID-19 pandemic. What are employers allowed to do to control the spread and mitigate the effects of the virus, and what additional data can they process about their employees? How do employers ensure good data protection and governance practices for employees working from home? In this blog, we address the most common challenges organizations currently face. Health data on the work floor Even in times of crisis (perhaps in times of crisis), the law still applies. This is the case for labour laws, for medical legislation, and also for privacy and data protection laws. Safeguards cannot just be thrown out of the window. That said, in many jurisdictions, the law permits organizations to process additional data to assist public health efforts by keeping employees safe and healthy, provided that certain safeguards and requirements are met. Guidance from the regulators One frequently asked question by both governments and employers relates to the collection and use of medical data, like body temperature. Earlier this week, the Executive Committee of the (GPA), a worldwide consortium of privacy and data protection regulators, released a statement on this issue: “We are confident that data protection requirements will not stop the critical sharing of information to support efforts to tackle this global pandemic. The universal data protection principles in all our laws will enable the use of data in the public interest and still provide the protections the public expects. Data protection authorities stand ready to help facilitate swift and safe data sharing to fight COVID-19.” where guidance from national regulators and other authorities on how to deal with COVID-19 related data issues is posted. This guidance is not limited to specific regions or regulators but rather covers GPA members worldwide. What employers should know Even though we recommend you review the specific guidance available for the country where your organization operates, there are a few general rules that can be deduced from the regulator guidance on COVID-19. A distinction needs to be made between data that governments can collect and use, data that private entities can collect and use, and the permitted legal basis for each. Governments in general will have more room to maneuver when processing personal data in the public interest (e.g. to safeguard public health) or even to process personal data in the vital interest of an individual. and other laws, these are explicitly identified as grounds to process personal data. For private entities, collection and use of personal data in the public interest can also be possible, but there needs to be a clear, direct and demonstrable link with the public interest. When processing medical and other , which includes noting if employees have been diagnosed as infected by or show symptoms of COVID-19, organizations should show restraint in only processing the minimum personal data necessary to carry out their obligations related to the safety of the workforce, customers, and the public. In general, data protection and labor laws restrict the amount of detail on employee illnesses that employers can register. When it is necessary and proportional (i.e., if there is no other option but to collect data on (suspicion of) COVID-19 infections in the workplace), as a best practice, data minimization and confidentiality must be respected. This means that as little information as possible should be collected and that this information should only be accessible to specific persons (not departments or groups) with a legitimate need to know it. For example, identifying victims of COVID-19 by name generally should not be allowed. Companies should also show restraint when processing data from visitors to its premises. There might be a good reason to measure the temperature of a visitor before allowing access, but that doesn’t mean the temperature reading or data related to whose temperature was read should be retained following the decision to provide access or not. In many jurisdictions, processing medical or other health data may require an organization to complete a privacy or data protection impact assessment and implement additional procedural safeguards and security controls. Whatever data is collected and used in the fight against COVID-19, organizations should be upfront and transparent about what data they process for which reasons. Under almost all data protection regulations around the world, the transparency requirement is a key principle. Information should be accessible, and easy to understand and include the reasons why (additional) data needs to be processed. For many organizations, the Coronavirus crisis is the first time they will allow large groups of employees to work from home. In addition to impacting IT resources, it also requires organizations to consider a renewed approach to their data use and data protection practices. Even for organizations where employees are used to working from home, it is advisable to review and, where relevant, revise policies and procedures to ensure that personal data will remain secure at all times. This review should also include an assessment of the organizational, physical, and technical risks involved in working from home and accessing systems and data remotely and the security measures that may be advisable, such as using secure Wifi networks and company-authorized VPNs. Though there may not be an alternative to working from home, conducting a privacy or data protection impact assessment of the working from home processing may help identify the risks to the rights and freedoms of your employees, customers, and business partners. It also allows you to identify mitigation steps that your workers at home can implement, like the implementation of certain technical and organizational measures. ==================================================================================================== URL: https://trustarc.com/resource/automated-dsr-fulfillment-dos-attacks/ TITLE: Automated DSR Fulfillment to Avoid Denial of Service Attacks | TrustArc TYPE: resource --- In the wake of GDPR, law firm Squire Patton Boggs reported a “sharp increase” in the number of UK residents who initiated data subject access requests (DSARs) , fulfilling the same number of DSARs in the first five months of 2019 as they’d handled during the CCPA data subject requests (DSRs) will likely have the same effect on California-based organizations. With a 45-day deadline for fulfillment, companies that don’t implement automated DSR fulfillment are at an increased risk of Denial of Service (DoS) attacks. How are denial of service attacks performed? DoS attacks happen when legitimate users are unable to access information systems, devices, or other network resources due to cyber criminal activity that floods a host or network with traffic until it cannot respond or simply crashes, preventing access to email, online accounts, and websites. These attacks disrupt a company’s online presence by keeping its web servers so busy with network requests that they cannot load web pages or Internet resources, costing organizations time and money. In contrast, their resources and services are inaccessible. A DoS attack can happen when a company is inundated with DSRs It overwhelms the CSR and IT staff, who are forced to respond to requests manually and eventually reach a breaking point in which the company can’t safely respond to requests within the required timeline. With CCPA right around the corner, there’s no time like the present to start thinking about your company’s plans to circumvent DoS attacks and streamline DSR processes. According to the new regulations the process must now include identity verification prior to fulfilling each request. Technology can help teams automate manual processes, which helps save time and promote consistency. But it’s important for businesses to be aware of potential DSR threats like DoS attacks that can jeopardize fulfillment and result in both frustration and noncompliance. Lessons learned from GDPR Many companies started preparing for by hiring lawyers and consultants to conduct privacy impact assessments (PIAs) , data mapping, understanding workflows, manually surveying data sets, and introducing internal guidelines. These steps were certainly helpful and necessary, but because the work had to be applied to multiple sets of data repositories, companies found they were duplicating efforts over and over. with automation requires companies to leverage existing IT security tools and systems (e.g., SIEM, ticketing, data governance). Thus, it’s critical to get buy-in from CTOs, CISOs, CPOs, and data governance teams from the beginning in order to execute processes correctly the first time Taking the time to prepare and automate DSR fulfillment processes can help mitigate the onslaught of DSRs, which result in DoS attacks. GDPR rights of the data subject Rights of the Data Subject outlines the requirements. Article 12 through Article 23 cover areas such as Article 17 – Right to erasure (‘right to be forgotten’), which has been the hot topic of discussion. What if my company doesn’t have the technology to read that data anymore? have left privacy teams stumped. You can get started in answering this question by following these steps: Ensure fundamental understanding of what data you process. Establish a process to intake requests (one that is easy on the individual and ensure this process is well-communicated throughout the organization. A request may come in from many routes and the person receiving that request needs to understand that a request is being made. Individuals typically won’t understand or use the exact verbiage in the law). Once the request is received, have a process to review it, evaluate the data referenced, the reasons for processing the data, and evaluate any exceptions. Have an appeals process that goes beyond the individual whose request was denied. Retain documentation throughout the process. Coordinated data subject requests Through the use of social media, online networking platforms, and other less obvious sources, many data subjects can quickly and easily coordinate to submit DSRs on behalf of people who may or may not exist, all at the same time. The most recent example of this was executed under GDPR law, when Blizzard Entertainment stripped the World of Warcraft Tournament Champion of his title after publicly claiming support for Hong Kong protesters, which triggered the gaming community. Multiple gaming sites, and even , instructed angry gamers who were upset with Blizzard how to exercise their rights under quickly caught on, and led to an influx of requests that was very difficult for Blizzard to manage. Even for large organizations with robust processes and automated systems for managing DSRs, such a large number of coordinated requests are likely to have a lasting impact. Attacks tend to cause an excessive and manual workload by clogging automated systems with complicated requests. Not limited to large corporations, the coordinated DSR attacks will actually do more harm to smaller businesses that don’t have the resources to deal with the tidal wave of requests. But it’s important to note that even moderate levels of DSR traffic can overwhelm organizations if they’re not properly prepared. Automated DSR fulfillment recommendations is to build an effective intake form for DSRs that are visible, have predefined requests that the data subject can select from, and can be automated to fulfill requests quickly. Automation tools also exist that can help businesses centralize requests in a single dashboard, automate notifications, track deadlines, and establish processes for individuals who are involved in each step of the workflow. is to ensure that identity verification techniques, congruent with the sensitivity of the data being requested, are prominently integrated at the very beginning of the DSR process. This action alone can weed out bad actors and bots attempting to flood business systems with requests. The more sensitive the data being requested (think: banking, insurance, healthcare, etc.), the higher the verification assurance should be for those submitting requests. When it comes to preventing DoS attacks, manual DSR processes that require personnel to scan hundreds of systems for every request will not cut it. Often in the DSR fulfillment process duplicate data sets are the primary culprits for exposure of sensitive data to unnecessary parties. Tips to automate DSR fulfillment Avoid creating additional copies of customer data De-identify but beware of toxic combinations Comply with privacy and security-by-design principles Prepare for a data subject request DoS attack Respond to data subject requests faster Individual Rights Manager can help your company with GDPR compliance with regard to individual data protection rights. This comprehensive 3-in-1 solution combines proven technology with specialized content developed by our privacy experts. ==================================================================================================== URL: https://trustarc.com/resource/iapp-and-trustarc-report/ TITLE: New IAPP and TrustArc Report Reveals Most Companies Are Embracing a Single Global Data Protection Strategy | TrustArc TYPE: resource --- International Association of Privacy Professionals (IAPP) announced the results of new benchmarking research that examines the current state of privacy operations. The IAPP and TrustArc report shows that most companies are adopting a single global data protection strategy to manage evolving legal requirements. Managing the expanding ecosystem of third parties handling data has become a top priority. “The data outlined in this study demonstrates, once again, that privacy is not a one-off endeavor,” said Trevor Hughes, CEO and president of the IAPP. “Privacy management is an increasingly complicated industry. The role of privacy professionals is taking center stage. Our research highlights how they must act as stewards for implementing the processes and technologies required to ensure scalable compliance across an ever-growing ecosystem of data from partners, customers, and vendors.” Evolving ecosystem of partners, customers, and vendors driving risk assessment processes Vendor and third-party risk assessments ranked first among privacy assessments globally, with 78% of U.S. respondents reporting that they now conduct them. That figure indicates the growing complexity of the ecosystem now impacting data privacy management. “The CCPA will be the toughest privacy law this country has seen to date, expanding the rights of consumers and their data,” said Chris Babel, CEO of TrustArc. “This survey reinforces what we continue to see and hear from our thousands of customers: that privacy management is getting more complex. That’s why we continue to lead the charge in building the technology solutions and enabling the infrastructure integrations necessary to make compliance automated and scalable.” To understand the different types of privacy operations across regions, company size and industry, TrustArc and the IAPP surveyed close to 350 privacy professionals in the U.S., EU, UK and Canada. Key findings from the survey include: U.S. companies comply with more laws than EU counterparts, which focused primarily on GDPR 79% of respondents report complying with two or more privacy laws, while only 16% are focused on just one. 10% report actively working to comply with 50 privacy laws or more at once, while 13% are working on 6-10 laws, and another 13% on 11-49 laws. EU respondents were more likely to report actively working to comply with five or fewer privacy laws, while U.S. respondents were more likely than their EU counterparts to be complying with 11 or more laws. Significantly more EU+UK respondents (81%) conduct Data Protection Impact Assessments as compared to U.S. respondents (53%). Majority pursuing a single, global data protection strategy 56% of respondents across all geographies are working toward a single, global data protection and privacy strategy for data subjects’ rights. Only 28% of U.S. companies and 21% of EU+UK companies categorize data subjects by jurisdiction and geography and handle each data subject’s data according to the laws that apply to that individual. A majority of EU+UK respondents report serving customers in only one region (22%) compared to U.S. respondents (11%). Growing complexity is driving operational changes to privacy programs 47% updated their website’s cookie policy and 80% updated their website’s privacy policy one or more times in the last 12 months. 42% deleted personal data more regularly; more so among EU+UK respondents (56%) than U.S. (44%). 21% converted from an opt-out to an opt-in email marketing strategy across geographies; vastly more so in the EU+UK (30%) compared to US respondents (13%). About the IAPP and TrustArc report The results are based on responses from 327 privacy professionals (primarily in-house in privacy, legal, and compliance functions) based in the U.S. (43%), EU/Non-UK (24%), UK (13%), Canada (9%), Asia (4%) and Other Countries (7%). Company size ranged between 1-250 employees (25%), 251-1,000 (17%), 1,001-5,000 (20%), 5,001-25,000 (19%), and 25,000+ (19%). Respondents represent a variety of industries, split between sectors traditionally regulated for privacy (e.g. health care, financial services and banking, insurance) at 35% and sectors traditionally not subject to privacy regulation (e.g. technology and software, manufacturing) at 33%. Those working in legal or consulting services made up 16% of respondents, with another 11% representing governmental or non-profit organizations. ==================================================================================================== URL: https://trustarc.com/resource/gdpr-legitimate-interests-processing-data-science/ TITLE: Leveraging GDPR Legitimate Interests Processing for Data Science | TrustArc TYPE: resource --- is not intended as a compliance overhead for controllers and processors. It is intended to bring higher and consistent standards and processes for the secure treatment of personal data. It’s fundamentally intended to protect the privacy rights of individuals. This cannot be more true than in emerging data science, analytics, , and ML environments, where due to the nature of vast amounts of data sources, there is a higher risk of identifying the personal and sensitive information of an individual. So how can organizations leverage GDPR legitimate interests processing for data science? The GDPR requires that personal data be collected for “specified, explicit and legitimate purposes” and also that a data controller must define a separate legal basis for each and every purpose for which, e.g., customer data is used. Primary vs. secondary purpose processing under GDPR If a bank customer took out a bank loan, then the bank can only use the collected account data and transactional data for managing and processing that customer to fulfill its obligations for offering a bank loan. This is colloquially referred to as the “primary purpose” for which the data is collected. If the bank now wanted to re-use this data for any other purpose incompatible with or beyond the scope of the primary purpose, then this is referred to as a “secondary purpose” and will require a separate legal basis for each and every such secondary purpose. For the avoidance of any doubt, if the bank wanted to use that customer’s data for profiling in a data science environment, then under GDPR the bank is required to document a legal basis for each and every separate purpose for which it stores and processes this customer’s data. So, for example, a ‘cross sell and up sell’ is one purpose, while ‘customer segmentation’ is another and separate purpose. If relied upon as the lawful basis, consent must be freely given, specific, informed, and unambiguous, and an additional condition, such as explicit consent, is required when processing special categories of personal data, as described in Additionally, in this example, the loan division of the bank cannot share data with its credit card or mortgage divisions without the informed consent of the customer. We should not get confused with a further and separate legal basis the bank has which is processing necessary for with a legal obligation to which the controller is subject (AML, Fraud, Risk, KYC, etc.). Selecting a legal basis for secondary purpose processing in data science The challenge arises when selecting a legal basis for secondary purpose processing in a data science environment as this needs to be a separate and specific legal basis for each and every purpose. It quickly becomes an impractical exercise for the bank, let alone annoying to its customers, to attempt obtaining consent for each and every single purpose in a data science use case. Evidence shows anyway a very low level of positive consent using this approach. Consent management under GDPR is also tightening up. No more will blackmail clauses or general and ambiguous consent clauses be deemed acceptable. GDPR offers controllers a more practical and flexible legal basis for exactly these scenarios and encourages controllers to raise their standards towards protecting the privacy of their customers especially in data science environments. Understanding legitimate interests processing under GDPR Legitimate interests processing is an often misunderstood legal basis under GDPR. This is in part because reliance on legitimate interests may entail the use of additional technical and organizational controls to mitigate the possible impact or the risk of a given data processing on an individual. Depending on the processing involved, the sensitivity of the data, and the intended purpose, traditional tactical data security solutions such as encryption and hashing methods may not go far enough to mitigate the risk to individuals for the legitimate interests processing balancing test to come out in favor of the controller’s identified legitimate interest. If approached correctly, GDPR legitimate interests processing can provide a framework with defined technical and organizational controls to support controllers’ use of customer data in data science, analytics, AI and ML applications legally. Without it, controllers may be more exposed to possible non-compliance with GDPR and the risks of legal actions as we are seeing in many high profile privacy-related lawsuits. Legitimate interests is the most flexible lawful basis for secondary purpose processing of customer data, especially in data science use cases. But you cannot assume it will always be the most appropriate. It is likely to be most appropriate where you use an individual’s data in ways they would reasonably expect and which have a minimal privacy impact, or where there is a compelling justification for the processing. The responsibilities of GDPR legitimate interest processing If you choose to rely on GDPR legitimate interests processing, you are taking on extra responsibility for implementing technical and organizational controls to support and defend compliance and demonstrating the ethical and proper use of your customer’s data while fully respecting and protecting their privacy rights and interests. This extra responsibility may include implementing enterprise class, fit for purpose systems and processes (not just paper-based processes). Automation based privacy solutions such as CryptoNumerics CN-Protect that offer a systems-based (Privacy by Design) risk assessment and scoring capability that detects the risk of re-identification, integrated privacy protection that still retains the analytical value of the data in data science while protecting the identity and privacy of the data subject are available today as examples of demonstrating technical and organizational controls to support legitimate interests processing. Data controllers need to initially perform the GDPR three-part test to validate using legitimate interests processing as a valid legal basis. You need to: identify a legitimate interest; show that the processing is necessary to achieve it; and balance it against the individual’s interests, rights and freedoms. The legitimate interests can be your own interests (controllers) or the interests of third parties (processors). They can include commercial interests (marketing), individual interests (risk assessments) or broader societal benefits. The processing must be necessary. If you can reasonably achieve the same result in another less intrusive way, legitimate interests will not apply. You must balance your interests against the individual’s. If they would not reasonably expect the processing, or if it would cause unjustified harm, their interests are likely to override your legitimate interests. Conducting such assessments for accountability purposes is happily now also easier than ever, such as with TrustArc’s Legitimate Interests Assessment (LIA) and Balancing Test that identifies the benefits and risks of data processing. Assign numerical values to both sides of the scale and uses conditional logic and back-end calculations to generate a full report on the use of legitimate interests at the business process level. What are the benefits of choosing legitimate interest processing? Because this basis is particularly flexible, it may be applicable in a wide range of different situations such as data science applications. It can give you more on-going control over your long-term processing than consent, where an individual could withdraw their consent at any time. Although remember that you still have to consider managing marketing opt outs independently of whatever legal basis you’re using to store and process customer data. It also promotes a risk-based approach to data compliance as you need to think about the impact of your processing on individuals, which can help you identify risks and take appropriate safeguards. This can also support your obligation to ensure “data protection by design,” performing risk assessments for re-identification and demonstrating privacy controls applied to balance out privacy with the demand for retaining analytical value of the data in data science environments. In turn, it would contribute towards demonstrating your PIAs (Privacy Impact Assessments) which forms part of your DPIA (Data Protection Impact Assessment) requirements and obligations. Legitimate interests as a legal basis, if implemented correctly and supported by the correct organizational and technical controls, also provides the platform to support data collaboration and data sharing. However, you may need to demonstrate that the data has been sufficiently de-identified, including by showing that the risk assessments for re-identification are performed not just on direct identifiers but also on all indirect identifiers as well. Using legitimate interests as a legal basis for processing may help you avoid bombarding people with unnecessary and unwelcome consent requests and can help avoid “consent fatigue.” It can also, if done properly, be an effective way of protecting the individual’s interests, especially when combined with clear privacy information and an upfront and continuing right to object to such processing. Lastly, using legitimate interests processing not only gives you a legal framework to perform data science it also provides a platform that demonstrates the proper and ethical use of customer data, a topic and business objective of most boards of directors. ==================================================================================================== URL: https://trustarc.com/resource/not-valid-cookie-consent/ TITLE: EU High Court Confirms Pre-Ticked Boxes Are Not Valid Cookie Consent | TrustArc TYPE: resource --- On October 1st, in the much anticipated , the Court of Justice of the European Union (ECJ) affirmed an earlier opinion by the Advocate-General. The Court decided this with reference to GDPR, the ePrivacy Directive, and the GDPR’s predecessor, the Data Protection Directive, which was in force at the time of the issue. The case, referred to the ECJ by the highest court in Germany, involved an online gaming company that offered website visitors the opportunity–after providing basic contact information–to enter an online lottery. To do so, visitors were shown two checkboxes: (1) an unticked box requesting the individual to agree to receive third-party marketing messages and (2) a pre-ticked box requesting the user to consent to the placement on their browser of advertising cookies. To enter the lottery, the third-party marketing checkbox had to be affirmatively ticked, whereas the advertising cookie checkbox did have to be ticked–but had to be manually by the visitor to refuse her consent to such cookies. The Court analyzed Article 5(3) of the EU’s ePrivacy Directive, which requires that users have a GDPR-level of data subject consent the storage and accessing of cookies on web browsers and other devices. The ePrivacy Directive is separate from the requirement to then have a lawful basis for processing any personal data derived from those cookies, as is required by Article 6 of the GDPR. The ECJ found that because ePrivacy requires that a user must have “given his or her consent” for the storage or collection of cookies, this weighs in favor of a literal interpretation such that “action is required on the part of the user in order to give his or her consent.” Other takeaways from the case include the ECJ confirming that the ePrivacy Directive’s consent requirements with respect to the storing or accessing of “information” apply irrespective of whether the information involved amounts to “personal data” as defined by the GDPR. As well as the finding that for consent to be valid, website operators must transparently indicate the life span of each cookie and whether any third parties will have access to them. Questions left unanswered by the decision include: a formal opinion on the legality of so-called “cookie walls” that require consent to third party cookies as a pre-condition to general access to a website, and an opinion as to whether a data subject can be required to consent to the processing of personal data for advertising purposes in order to participate in the promotional lottery. The latter question, which the ECJ was not asked to rule on, could by extension have implications for online ad-funded content. This case serves as a reminder that for consent to cookies to be valid in the EU, the data subject’s consent at issue must be active, rather than passive; unambiguous and not implied. As would be the case by requiring individuals to be aware enough to un-tick a pre-ticked box; and specific, rather than bundled with other terms. Consent on the Internet Means Opt-In helps organizations of all industries and sizes satisfy their cookie compliance goals via its support for “zero-cookie” load experiences. Through the integration of your organization’s tag management system, or the use of our Consent Manager API, the placement of cookies or the firing of tags or trackers can be withheld until a user affirmatively opts-in using the Consent Manager. ==================================================================================================== URL: https://trustarc.com/resource/cookie-audit/ TITLE: Cookie Audit — Ready to Perform One Today? | TrustArc TYPE: resource --- Cookie audits inspired by UK ICO Cookie audits resurfaced as a major topic shortly after the United Kingdom’s Information Commissioner’s Office (ICO) recommended that such audits become a regular part of a company’s privacy compliance efforts. On July 3rd, the ICO announced that it had published new, detailed guidance covering the use of cookies and similar tracking technologies on websites and other terminal equipment. As part of this guidance, the ICO emphasized the importance of performing comprehensive cookie audits to detail what cookies are being used on a website and to discern which of them comprise “strictly necessary” first and third-party cookies versus those which do not. A cookie audit should inform website operators The audit should inform operators about the: presence of cookies on a website purpose and use of each cookie including the cookie’s involvement with processing of personal data values, data, lifespan and other attributes linked to each cookie proper categorization of each cookie such as required, functional or advertising classification of each cookie as first or third party Every website is unique, but cookie audits do not need to be a difficult exercise for companies wanting to address consent requirements from the ==================================================================================================== URL: https://trustarc.com/resource/changes-proposed-to-russian-data-localization-law/ TITLE: Changes Proposed to Russian Data Localization Law | TrustArc TYPE: resource --- Maximum fines sought for violations of Russian data localization law Russia maintains one of the world’s more stringent data localization laws, , which applies to website operators established in Russia and outside of Russia–if conducting business “aimed at the territory of Russia.” The latter criteria may be found where a website has a Russian-associated domain name (e.g., “.ru”), and demonstrates other intent to target the Russian market, such as by accepting payment in rubles or advertising in Russia. In June 2019, a bill to amend the localization law was submitted to the lower house of the Russian Federal Assembly. The bill seeks to establish the maximum fines for violations and repeated violations of the law (the latter being set to nearly 250,000 euros), which some see as intending to further compel foreign companies’ compliance with the law. Current Russian data localization violation enforcement Currently, the only appreciable consequence of non-compliance with the data localization law for such companies is the Russian data protection regulator, the Roskomnadzor, applying for a court order to effectively block access to the company’s website. This alone is a serious threat, as LinkedIn discovered in November 2016 when the regulator succeeded in ordering major Russian ISPs to block access to the professional networking site (as remains the case) for non-conformance with the law. In light of the current law and its proposed changes, in-scope website operators (i.e., those targeting the Russian market) should ensure that any Russian residents’ personal data that they collect is processed through databases located in Russia. Read more about the draft Russian Data Localization amendment ==================================================================================================== URL: https://trustarc.com/resource/startup-cybersecurity-success/ TITLE: A Digestible Action Plan for Startups’ Cybersecurity Success | TrustArc TYPE: resource --- It’s never too early for a start-up business to strategize and operationalize its cybersecurity goals–in fact, it’s a prerequisite for high-yield growth. And yet, with all the high-velocity activity and rapid decision-making that characterizes most startups’ early existence, it can be easy to overlook some of the critical proactive steps that must be taken to safeguard a growing company’s value potential. The importance of this cannot be overstated. The harm to a startup’s reputation and brand name can be existential if proper controls are not in place. A recent Forbes CommunityVoice by start-up founder Isaac Kohen offers some helpful starting points for businesses of all sizes to keep in mind. The major takeaways are summarized below, with additional perspectives added. Growing a cybersecurity culture from day one A critical reminder for all is that cybersecurity is not at heart an infrastructure issue—it’s a cultural one. Most data-related incidents and lapses actually occur as a result of unintentional employee actions or an organization’s nonchalant approach to protecting personal data and intellectual property. To combat the establishment of lax norms identify privacy and cybersecurity champions within each group first. Next, incentivize and make the training and reinforcement that goes into building a cybersecurity culture fun. Elevating accountability as a key attribute Talk is cheap. Without proper follow-through being met at each level of an organization, the best laid cybersecurity plans will topple like a house of cards. This can involve performance metrics, enforced policies (such as no “bring-your-own-device” or taking company computers to public outings where loss is more likely to occur), discussions in managerial reviews, and even employee monitoring–if done carefully, transparently, and respectfully. Such employee oversight is generally performed via monitoring software. This software often restricts data collection to specific, data-centric applications, enables auto-redaction and masking of personal data, and is inclusive of all employees. Include founders and management to set the proper top-down tone. It’s not only good business – It’s the law As TrustArc customers are already aware, most data protection regulations around the world impose security requirements on organizations. Meaning that these costs should be expected and built into overall compliance and IT budgets. This is certainly the case with respect to startup businesses seeking to operate in or target products and services to European Union audiences thanks to the . But it’s also the case in an increasing number of Asian, African and South American nations as well. Moreover, the United States already has a number of industry-specific federal laws with security obligations (such as and an alphabet soup of other regulations). And states like California and others are now passing their own privacy laws. Consequently, proper cybersecurity practices must be a fact of life for all companies going forward. Training and best practices are the way to go Technology and threat vectors evolve, and so too should the measures a startup business takes to thwart such external threats. Team members need to be able to recognize, understand and know who/what/where/when/how to escalate an issue. That said, it is not necessary to reinvent the wheel on all things. From a U.S. perspective, which can in many cases be leveraged towards compliance with other major frameworks around the world, the Federal Trade Commission has released resources that provide a blueprint for startups. Examples of this include the FTC’s 2015 Start With Security: A Guide for Business , which was followed in 2017 with the Both resources provide data security-related guidance, examples, and best practices for small, mid-sized, and even enterprise businesses. In all, start early, have a plan and document your steps, develop a multi-stakeholder approach to privacy and cybersecurity, imbed accountability throughout–then add water and watch your business grow. ==================================================================================================== URL: https://trustarc.com/resource/thailands-personal-data-protection-act-pdpa-comes-into-effect/ TITLE: Thailand’s Personal Data Protection Act (PDPA) Comes into Effect | TrustArc TYPE: resource --- Thailand’s Personal Data Protection Act (PDPA) Comes into Effect After publication in the Royal Thai Government Gazette on May 27, 2019, Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) came into effect on May 28, 2019. The PDPA is Thailand’s first comprehensive law governing data protection. The key operative provisions of the PDPA relating to the collection, use or disclosure of personal data will come into force on May 28, 2020. Significant restrictions on the collection and use of personal data Data controllers must obtain consent from data subjects before they can process their data (subject to certain exceptions, such as where it is necessary to comply with a contract to which the data subject is a party) Additional protections apply to the collection of sensitive personal data Data subjects have the right of access, right to erasure, right to object, and the right to data portability to their personal data, among other rights The law has extraterritorial reach and applies to any data controller or data processor located outside of Thailand, where their processing activities relate to the offering of goods or services or the monitoring of the behavior of data subjects in Thailand Transfer of the personal data of a Thailand data subject to another country may only take place where the other country has an adequate level of protection (subject to certain exceptions, such as where the data subject has consented to the transfer) Violation of the PDPA can result in civil and administrative penalties (e.g., fines of up to Baht 5,000,000 and punitive damages) and criminal penalties (e.g., imprisonment for up to one year) No official English translation of Thailand’s Personal Data Protection Act is available at the current time. Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/california-assembly-passes-smart-speaker-privacy-rules/ TITLE: California Assembly Passes Smart Speaker Privacy Rules | TrustArc TYPE: resource --- Voice recognition Bill moves to the California Senate On May 28th, by a 42-6 bipartisan vote, California’s state Assembly passed a to impose rules on manufacturers of internet-connected devices sold in California that offer voice recognition features. voice recognition feature as the function of a connected device that allows the “collection, recording, storage, analysis, transmission, interpretation or other use of spoken words or sounds,” except where voice commands are not recorded or transmitted beyond the device. Chapter 35 of the state’s Business and Professions Code already imposes similar rules on connected televisions. The proposed amendments would firstly prohibit the operation of any connected device’s voice recognition features if the owner or designated user of the device is not prominently informed of the existence of such features during the initial setup or installation. Mobile phones, tablets, smart speakers such as Amazon Echo or Google Home, and other IoT devices that can hear and respond to verbal commands would fall within the scope of the law. The bill also requires that any recordings or transcriptions collected to improve the smart speaker may not be “used for any advertising purpose, retained, or shared with, or sold to, a third party…unless the user first provides affirmative written or electronic consent.” This includes those collected by the device, the device manufacturer, or third parties on its behalf. This would effectively prevent the storing or sharing of recordings or overheard conversations once a device is activated with third parties until the connect device owner obtains demonstrable permission from the owner for the device to do so. Pushback against smart speaker privacy rules that AB 1395 negatively affects connected devices’ potential for machine learning to recognize speakers’ voice patterns and limit incorrect “wake” words, undermining the goal of the Bill by actually allowing for more conversation recording at inappropriate times. The Bill comes in the wake of news detailing how at least one smart home speaker company hired technicians to listen to device recordings for technology improvement reasons. The Bill’s next stop is with the California Senate, where it is expected to be voted on by September 2019. ==================================================================================================== URL: https://trustarc.com/resource/privacy-ad-supported-websites/ TITLE: How Ad-Supported Websites Can Manage Privacy and Minimize Risk | TrustArc TYPE: resource --- What publishers need to know about data privacy Content publishers, media, and other ad-supported websites have already had to grapple with the privacy requirements in the EU General Data Protection Regulation (GDPR) . Similar regulations are also in force in several other countries in the Americas, Europe, and Asia. In addition, publishers must comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) by January 2023. Still, more privacy regulations are being advanced and debated in other U.S. states and worldwide. In fact, more than ten different U.S. states, including Massachusetts and Texas, are considering privacy laws along the lines of the CCPA. With these unfolding developments, it is increasingly critical that publishers understand and manage the risks associated with consumer data privacy. Financial risks of non-compliance with regulations are significant For example, under the CCPA, businesses are subject to civil action by the California Attorney General’s Office. They can face penalties of up to $7,500 per intentional violation or $2,500 per unintentional violation if not cured within 30 days of being given notice. The CCPA also provides a private right of action to California residents whose personal information is subject to unauthorized access, theft, or disclosure. In addition to financial penalties for violations, the resulting negative publicity can also cost a publisher or media company through loss of consumer goodwill and brand trust, with an accompanying reduction in revenues and brand value. How can you ensure ad-supported websites are privacy law compliant? In order to manage these risks and support your compliance efforts, the privacy experts recommend the following specific practices and solutions. These solutions offer a broad range of configuration options to enable publishers to move forward with a comprehensive privacy compliance program that balances your risk profile with current and planned monetization strategies. ==================================================================================================== URL: https://trustarc.com/resource/china-cybersecurity-law/ TITLE: The Giant Awakens: China Cybersecurity Law (CSL) and Data Protection Obligations | TrustArc TYPE: resource --- The Giant Awakens: China Cybersecurity Law (CSL) and Data Protection Obligations The new China Cybersecurity Law and data protection obligations While many of us were focused on the European Union’s GDPR and California’s Consumer Privacy Act (CCPA), the giant on the other side of the world implemented China’s Cybersecurity Law (CSL) in June 2017 While CSL laid out broad data protection principles, there were noticeable implementation and scope gaps. To operationalize and further clarify China Cybersecurity Law scope the Chinese government instituted six systems: the Internet Information Content Management System; the Cybersecurity Multi-Level Protection System (MLPS); the Critical Information Infrastructure Security Protection System; the Network Products and Services Management System; the Cybersecurity Incident Management System; and the Personal Information and Important Data Protection System. While it is important for foreign businesses to review all aspects of CSL and the six systems, TrustArc has helped clients focus on the implications of the Personal Information and Important Data Protection System. Specifically addressing the following regulations: What are the requirements to store certain information (including a negative list) inside China, and at what level of required security measures (e.g., Ministry of Public Security [MPS] Regulation)? What procedures and reviews are needed before transferring certain information out of China (e.g., Cross-Border Data Transfer)? What are the required notice and consent requirements when collecting personal data? What are the MPS requirements in reporting a cyber incident within 24 hours? What does the Cyberspace Administration of China (CAC) require in the security assessment report annually? Data subjects have what individual rights under the PI Security Specification? Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/california-cybersecurity-bills-s-b-327-a-b-1906/ TITLE: California Companion Privacy and Cybersecurity Bills – S.B. 327 and A.B. 1906 | TrustArc TYPE: resource --- Bills regulate cybersecurity standards for California internet of things (IoT) devices On September 28, 2018 California Gov. Jerry Brown signed into law two companion bills that regulate cybersecurity standards for Internet of Things (IoT) devices sold in California. (the “Bills”) require that manufacturers of connected devices sold in California outfit their products with “reasonable” security features by January 1, 2020, the same date the California Consumer Privacy Act The Bills require a manufacturer of a connected device to “equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure, as specified.” The legislation offers examples of a “reasonable” security feature, such as making the pre-programmed passwords unique to each device manufactured and requiring a new means of authentication before access can be granted to the device for the first time. Under the new law, “manufacturer” means the person who manufactures (or contracts with another person to manufacture on the person’s behalf) connected devices that are sold or offered for sale in California. A “contract with another person to manufacture” on the person’s behalf does not include a contract only to purchase a connected device or only to purchase and brand a connected device. The scope of coverage of the new law applies to the person who manufactures or contracts with someone to manufacture the connected device for sale or offered for sale in California. For example, an electronic retailer such as Best Buy, does not have an obligation to review or enforce compliance with the bills. First state law to address IoT security , an estimated 20 billion devices will be online by 2020 . As the first state or federal law to address IoT security, the California legislation will effectively become a standard for manufacturers of these devices. Currently, the IoT industry is largely self-regulated and governed by best practices as well as the Federal Trade Commission enforcement actions and guidance under its broad authority to police deceptive security practices. As companies increasingly rely on data to drive business, it is key to incorporate Privacy by Design practices, international laws like the GDPR, and forthcoming domestic legislation into privacy programs. ==================================================================================================== URL: https://trustarc.com/resource/information-security-and-privacy/ TITLE: Achieve Stronger Information Security and Privacy | TrustArc TYPE: resource --- Information security and privacy put to the test In the U.S., the Constitution’s Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” However, these words conceive personal privacy in physical terms. The advent and explosive growth of the digital world are putting information security and privacy to the test. At the beginning of the digital age, the founder of Sun Microsystems, Scott McNealy, famously proclaimed in “You have zero privacy anyway … Get over it.” growing number of information security and privacy laws are making it impossible for today’s companies to when keeping their customer’s data secure. In the past few years, we have seen an explosion of new laws (both state and federal), new business practices, new diligence on the part of regulatory agencies, new international mandates, and more sensitive judicial decisions on privacy. These new and expanding rules directly respond to the ratcheting up of the risks we face in our expanding digital world. Every day more personal information is made available on the web or, worse, More data provokes the need for more information security and privacy We are witnessing and taking part in the greatest information technology revolution in the history of mankind as our society undergoes the transition to a fully digital world. As these technologies expand, so does the sheer volume of information contained in the millions of billions of lines of code and millions of applications on every type of computing platform — from smart watches to mainframes. Far from being something we can just “get over,” privacy as a concept is perhaps even more relevant now, as the sheer volume of personal data about any given individual is so much larger than ever before. As a result, along with their core business operations, companies today need to also enter into the personal data business. In other words, they need to need to become concerned about the confidentiality, integrity, and availability of the data contained in their systems. And they need to take decisive action to make keeping other people’s data secure a priority. Otherwise, they’ll face consequences from compliance regulators, law enforcement, and the public. In fact, how companies navigate the shifting landscape of digital privacy and security will have a profound impact on both customers’ trust and the bottom line. NIST’s new best practice guidelines In response to the challenges companies face managing information security and privacy in our digital world, organizations are expanding their best practices recommendations. For example, this year the National Institute of Standards and Technology (NIST) released an updated draft of one of its key documents to achieve this goal. In May 2018, NIST released an update second installment of its NIST Special Publication 800-37, Revision 2, for review . The final version is scheduled to be released in October 2018. The release of the first installment of NIST Special Publication 800-53, Revision 5, provided, for the first time in the standards community, a consolidated catalog of security and privacy controls — standing side-by-side with the broad-based safeguards needed to protect systems and personal privacy. The release of RMF 2.0 draft kicks the recommendations up several notches. The draft provides guidelines for creating a disciplined, structured, and repeatable process for organizations to select, implement, assess, and continuously monitor security privacy controls, empowering customers to take charge of their protection needs. To this end, it includes a new organizational preparation step, designed to achieve more timely, effective, efficient, and cost-effective risk management processes. The organizational preparation step incorporates concepts from the NIST Cybersecurity Framework to facilitate better communication between senior leaders and executives at the enterprise and mission and business process levels and system owners. Thereby, conveying acceptable limits regarding the implementation of security and privacy controls within the established organizational risk tolerance. Among the benefits are significantly reducing the workload on individual system owners, providing more customized security and privacy solutions, and lowering the overall cost of system development and protection. NIST RMF 2.0 — Preparation is key step is one of the key changes to the RMF 2.0 draft. step is to carry out essential activities at the organization, mission and business process, and information system levels of the enterprise to help prepare the organization to manage its security and privacy risks using the Risk Management Framework. According to RMF 2.0, the for institutionalizing organization-level and system-level preparation are: To facilitate better communication between senior leaders and executives at the organization and mission and business process levels and system owners on the front lines of execution and operation. To facilitate organization-wide identification of common controls and the development of organization-wide tailored control baselines, to reduce the workload on individual system owners and the cost of system development and asset protection. To reduce the complexity of the information technology (IT) and operations technology (OT) infrastructure using Enterprise Architecture concepts and models to consolidate, optimize, and standardize organizational systems, applications, and services. To identify, prioritize, and focus resources on the organization’s high-value assets and high- impact systems that require increased levels of protection—taking steps commensurate with the risk to such assets. Recognizing that organizational preparation for RMF execution may vary from organization to organization, achieving the objectives outlined above can reduce the IT footprint and attack surface of organizations, promote IT modernization objectives, conserve security resources, prioritize security activities to focus protection strategies on the most critical assets and systems, and promote privacy protections for individuals. Seven tasks for optimal preparation NIST’s RMF 2.0 recommends these seven tasks to prepare for a stronger information security and privacy infrastructure: — Identify and assign individuals to specific roles associated with security and privacy risk management — Establish a risk management strategy for the organization that includes a determination of risk tolerance. — Assess organization-wide security and privacy risk and update the results on an ongoing basis. — Establish, document, and publish organization-wide tailored control baselines and/or profiles. — Identify, document, and publish organization-wide common controls that are available for inheritance by organizational systems. — Prioritize organizational systems with the same impact level. — Develop and implement an organization-wide strategy for continuously monitoring control effectiveness. RMF 2.0’s security and privacy guideline recommendations facilitate the development of stronger, more robust security and privacy programs by strengthening security foundations, achieving greater efficiencies in control implementation, promoting greater collaboration, and providing an appropriate level of data protection for systems and individuals. In this way, companies will take significant strides forward in their ever-expanding job of maintaining the information security and privacy of the data that flows through their businesses as the digital revolution continues its uncontrolled expansion. ==================================================================================================== URL: https://trustarc.com/resource/gdpr-article-30/ TITLE: How to Meet GDPR Article 30 Requirements | TrustArc TYPE: resource --- The GDPR has several reporting requirements, including Article 30, which pertains to records of processing activities (ROPA). The requirements for Article 30 are likely to apply to most companies because of its broad applicability. Companies preparing to comply with GDPR Article 30 should look at how data moves through each of its business processes, not just where the data resides. In other words, “follow the data”. Article 30 requires companies to produce “records of processing activities,” also known as a ROPA, which will allow regulators to see that you are adhering to GDPR. With this goal in mind, the records should show why and how the data is being processed. Strictly focusing on the data elements themselves may cause a company to overlook including these important elements. In contrast, focusing on how the data is collected and why it is collected will help you adhere to GDPR requirements. How does Article 30 affect your business? What documentation is required? Each processor and, where applicable, the processor’s representative shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing: the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller’s or the processor’s representative, and the data protection officer; the categories of processing carried out on behalf of each controller; where applicable, transfers of personal data to a third country or an international organization, including the identification of that third country or international organization and, in the case of transfers referred to in the second subparagraph of (1), the documentation of suitable safeguards; where possible, a general description of the technical and organizational security measures referred to in Where can I find templates for documentation required by Article 30? TrustArc has developed special tailored to meet GDPR Article 30 requirements. Sample Article 30 input form in TrustArc Data Flow Manager : How to comply with Article 30 Gather stakeholders together and explain the benefits of having an up-to-date data inventory in order to get buy-in. After approaching stakeholders, start to gather the approximate number of business processes that need to be mapped. Asset inventories and vendor lists can be leveraged to help get an idea of the size and scope of the business mapping project. Start with a pilot project using one business unit to test and validate the methodology used to gather the information needed. Then use early deliverables from the pilot to secure better engagement for the broader project. Map your business processes. Records of processing activities (ROPA) Each controller and, where applicable, the controller’s representative, shall maintain a record of processing activities under its responsibility. That record shall contain all of the following information: the name and contact details of the controller and, where applicable, the joint controller, the controller’s representative and the data protection officer; the purposes of the processing; a description of the categories of data subjects and of the categories of personal data; the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organizations; where applicable, transfers of personal data to a third country or an international organization, including the identification of that third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards; where possible, the envisaged time limits for erasure of the different categories of data; where possible, a general description of the technical and organizational security measures referred to in Article 32(1). Each processor and, where applicable, the processor’s representative shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing: the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller’s or the processor’s representative, and the data protection officer; the categories of processing carried out on behalf of each controller; where applicable, transfers of personal data to a third country or an international organization, including the identification of that third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards; where possible, a general description of the technical and organizational security measures referred to in Article 32(1). The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic form. The controller or the processor and, where applicable, the controller’s or the processor’s representative, shall make the record available to the supervisory authority on request. The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an organization employing fewer than 250 persons unless: the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data as referred to in Article 9(1) or personal data relating to criminal convictions and offenses referred to in Article 10. General Data Protection Regulation (GDPR) Understand the requirements of the world’s most comprehensive data privacy and protection law. Simplify data privacy management and ensure data governance with cutting-edge apps. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-privacy-expert-bethsipula/ TITLE: Meet TrustArc Privacy Expert Beth Sipula | TrustArc TYPE: resource --- An interview with a TrustArc privacy expert , is a Senior Privacy Consultant working with hundreds of privacy professionals across the globe to scale and improve their privacy programs. What drew you to data privacy, and how many years have you been in the privacy space? I fell into the privacy profession while working for a technology start-up in 2000. I was the Director of Customer Care at that time, and one of the founders asked me to take on creating the privacy program. “Beth, we need someone to manage privacy here, and we think you would be well-suited because we want it to be close to the customer.” After leading the privacy program there for six months, I realized how much I loved working in privacy! In 2004 I became a full-time privacy practitioner, making this year (2017) my 13th year working strictly with privacy and compliance. Favorite GDPR Article and why? Article 25 – Data protection by design and default It resonates with my background in customer support and operations, and it’s the method I’ve seen organizations use to implement privacy programs successfully. I think it’s one of the most effective ways to reduce and manage privacy risk as it forces organizations to think about all of the steps needed to truly operationalize a privacy program so that it becomes part of the overall business process. What’s one thing you’ve noticed that has changed about data privacy since you’ve started? When I first started, privacy was a role filled only by attorneys, and the biggest risk people discussed was SPAM emails. This field has shifted; privacy is part of larger information governance programs and goes much deeper now. It’s been exciting to watch the evolution. Because of the demand for privacy practitioners, the new technology that uses personal data, and the broad areas of expertise, today privacy practitioners have many different backgrounds in addition to legal. Advice for new privacy practitioners I have two pieces of advice which have helped me throughout my career. , choose an area in privacy that resonates with you and master it. Becoming an expert takes years, so add to your area of expertise incrementally and do not try to master everything at one time. , spend 30 minutes to one hour each day reading about data privacy. This space is evolving quickly, and staying up to date on the latest news is very important. Privacy experts help grow and scale your privacy program Beth Sipula is a Senior Privacy Consultant at TrustArc. Beth has spent the last seventeen years focusing on a broad range of data privacy, data security and risk management areas. She has extensive experience in leading global data privacy assessments, privacy by design, privacy training, evaluating new and emerging technologies, M&A assessments and support, and leading operational compliance programs. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-privacy-expert-k-royal/ TITLE: Meet TrustArc Privacy Expert K Royal | TrustArc TYPE: resource --- An interview with a TrustArc privacy expert TrustArc privacy expert K Royal is an attorney and compliance professional with 25 years of experience in the legal and health-related fields. She is skilled in privacy laws, breach management, compliance, training, and program development. K has a particular interest in technology, along with its challenges and opportunities. This gives her a thorough perspective when implementing or overseeing global privacy programs. As an attorney, she has been recognized as a Pheonix Forty-under-40 honoree and as one of the top pro bono attorneys in Arizona . Her areas of work mainly center around regulatory and privacy compliance, while her personal loves are civic education, youth outreach, diversity initiatives, and leadership training. K is also an adjunct professor at the Sandra Day O’Connor College of Law and is currently in the dissertation phase of her Ph.D. in Public Affairs. Professionally, she is active in many areas, mainly IAPP, ACC, and the State Bar of Arizona, and serves on the boards of several non-profits. What drew you to privacy, and how many years have you been in the data privacy space? I fell into privacy by accident, but quickly realized that I am a square peg in a square hole. However, in thinking back over my career, I identified and designed a patient admissions process to an inpatient mental hospital that would provide privacy, even for callers. There was an assigned code number on order to reach the patient. Only those with the code had permission. It became implemented in mental health hospitals across the nation I officially became a privacy professional back in 2008 in the US health care space as a nurse turned attorney working with And then quickly progressed to the global realm and other sectors – medical devices, startups, tech, government, etc. What’s your favorite GDPR Article and why? -39 on the appointment of a qualified Data Protection Officer (DPO). I have often seen instances where privacy officers have accountability but essentially zero authority to impact processes or make changes – no insight into their budget, and no travel to countries under their privacy realm. So, the requirements to have a qualified DPO with authority and independence is a welcome sight to see. One thing you’ve noticed that has changed about privacy since you’ve started I’ve noticed a shift to a global focus, the prevalence of breaches, and the connection to government oversight and involvement. TrustArc privacy expert K Royal’s advice for new privacy practitioners I would tell them that not everyone is suited for privacy. And privacy is especially not suitable for a binary mindset. There are few clear definitive answers in privacy , much depends on specific cases, uses, elements, environment, etc. Be prepared to be flexible, creative, and fast-paced. Lacking privacy expertise, bandwidth or magic? If a lack of resources is slowing you down and getting in the way of you reaching the organization’s goals, it’s time to meet TrustArc’s Professional Service team. Do you need to comply with a specific regulation? Need to understand what is your risk? Need advice on how to design your privacy program most effectively? ==================================================================================================== URL: https://trustarc.com/resource/gdpr-compliance-research-2017/ TITLE: TrustArc 2017 Privacy and GDPR Compliance Research Report | TrustArc TYPE: resource --- As part of the TrustArc Privacy Risk Summit in May 2017, focused on U.S. private sector efforts to meet privacy mandates and the readiness of companies for GDPR implementation. To gather this GDPR compliance research, the online survey was fielded to 203 UK and 204 US privacy professionals at a group of small, mid-size, and large companies subject to the GDPR in a mix of industries. Small: 500-1,000 employees Mid-size: 1,000-5,000 employees Large: Over 5,000 employees All privacy professionals surveyed are responsible for data privacy at companies of at least 500 employees, all of which are required to meet GDPR compliance. General privacy market results 98% of respondents felt that the complexity of managing privacy is increasing. 56% felt managing privacy is becoming significantly more complex. The primary privacy ownership is limited to a few groups. In smaller companies, the legal department primarily handles ownership of privacy issues. In larger companies, compliance tends to increase ownership of privacy. report the need for technology to manage privacy is increasing , with 51% saying the need is becoming Currently, most companies (66%) are using Governance, Risk, and Compliance (GRC) software, but a wide range of other options including specialized privacy software solutions (37%) are also popular. Privacy budgets are also increasing for 97% of companies, with 47% saying their budgets are becoming significantly larger. GDPR compliance research results For all companies responding, approximately 40% are still designing their GDPR plan and only about 10% have GDPR plans well underway. A majority of both US and UK respondents haven’t yet begun implementing their GDPR plan (61% for US and 64% for UK). Indicating that many companies have a significant amount of GDPR implementation ahead of them. US and UK privacy professionals were asked where they needed the most help complying with data privacy requirements For US respondents, developing a GDPR plan topped the list at 39%, followed by addressing international data transfers at 36% and meeting regulatory reporting requirements at 30%. For UK respondents, developing a GDPR plan topped the list at 27%, followed by conducting privacy risk assessments (PIAs and DPIAs) at 26% and addressing international data transfers at 24%. Responding companies have set aside relatively large budgets for GDPR compliance for 2017-2018. For all companies responding, the #1 budget amount cited was between $100,000 to $500,000 (42%), with the #2 budget cited between $500,000 and $1,000,000 (23%). GDPR compliance budgets of over $1 million accounted for 9% of small companies, 19% of mid-size companies and 23% of large companies. Nearly 1 in 4 large companies plan to spend over $1 million However, with respect to GDPR plan spending, the US respondents expect to spend more than their UK counterparts. 83% of US respondents and 69% of UK respondents expect GDPR spending to be at least $100,000 (74,000 GBP). 40% of US respondents and 25% of UK respondents plan to spend at least $500,000 (370,000 GBP). 17% of US respondents and 6% of UK respondents expect to incur costs of over $1 million (740,000 GBP). GDPR investments will go to a wide range of initiatives including consultants, internal hiring, and additional technology and tools. Privacy program implementation results Companies report needing help in a wide range of areas, topped by GDPR planning, international data transfer, compliance reporting, conducting PIAs and DPIAs, and Many GDPR implementation plans begin with conducting a data inventory; however, companies face three common challenges when it comes to data inventory. three challenges cited most by the privacy professionals difficulty to maintain and update privacy programs (57%), lack of appropriate tools and technology (56%), and lack of internal resources (54%). Approximately one-half of the respondents indicated a need for technology and tools to automate and operationalize data privacy (48% for US and 50% for UK). Additionally, 50% of the respondents preferred dealing with outside vendors that could provide both tools and technology, together with process/legal expertise In terms of desired capabilities for third party vendors, the most important in terms of priority ranking were knowledge of the customer’s industry (48%) and years of experience (39%). 98% of all of the US respondents and 92% of all UK respondents reported that they will invest in resources such as technology, consultants and new hires to help prepare for next year’s May deadline. ==================================================================================================== URL: https://trustarc.com/resource/japan-act-on-the-protection-of-personal-information/ TITLE: Changes to the Japan Act on the Protection of Personal Information | TrustArc TYPE: resource --- Japan’s Act on the Protection of Personal Information (APPI) and APEC CBPRs In September 2016, Japan passed the “Amended Act on the Protection of Personal Information (APPI) ” with implementing regulations released in January 2017. The final revised law went into effect on Tuesday, May 30, 2017. Key changes under the Japan Act on the Protection of Personal Information Key changes under the new law include: Establishment of the Personal Information Protection Commission (PPC): The new PPC serves as the central supervisory authority for the APPI. Previous authority was divided across multiple regulatory authorities by sector. Establishment of a Legal Framework for Anonymously Processed Information: The revised APPI provides specific guidance on using anonymized data (including approved methods for anonymizing data). Response to Globalization of Data Flows: New restrictions on international transfers, PPC enforcement and investigative cooperation with foreign enforcement authorities, and the extraterritorial application of the APPI have also been included. The role of APEC CBPRs in the APPI Article 24 of the APPI imposes restrictions on the transfer of personal information of Japanese citizens to third parties in foreign countries. Exemptions to these restrictions include when a third party has established a system that meets the Rules of the Commission to “continuously implement equivalent necessary measures.” The regulations for implementing Article 24 specifically call out a company’s APEC Cross Border Privacy Rules (CBPR) certification as satisfying this requirement. Most importantly, the APPI allows the data controller the data processor to meet this requirement through CBPR certification. As such, your company’s CBPR certification will permit you to both transfer and receive personal information under the APPI. In March 2016, the Japanese Institute for the Promotion of Digital Economy and Communication was approved to serve as an accountability agent under the CBPR system. The Japanese Institute joins TrustArc, who was named the first accountability agent for APEC Cross Border Privacy compliance The CBPR system was endorsed by APEC member economies in 2012 for businesses established in the APEC region that collect and transfer personally identifiable information from consumers. CBPR implementation has continued to gain momentum recently, with South Korea submitting its application to join the system in January and Singapore and the Philippines announcing their intention to do the same later this year. TrustArc was named the first accountability agent for the system in June 2013. The next meeting of APEC’s Data Privacy Subgroup will occur in August in Ho Chi Minh City, Vietnam. Facilitate the compliant transfer of data among participating APEC economies APEC CBPR for data controllers , the APEC CBPR Certification represents the requirements for businesses that control the collection, holding, processing, or use of personal data and that are interested in adhering to the voluntary framework to demonstrate its commitment to privacy. APEC PRP for data processors If your business operates as a , the APEC PRP Certification represents the requirements you must meet in order to demonstrate your organization’s ability to assist data controllers in meeting relevant privacy compliance obligations. Learn more about obtaining a TRUSTe CBPR certification ==================================================================================================== URL: https://trustarc.com/resource/privacy-shield-replaces-safe-harbor/ TITLE: Swiss U.S. Privacy Shield Replaces Safe Harbor | TrustArc TYPE: resource --- In January 2016, the United States Department of Commerce and Switzerland’s Federal Council declared that the new Swiss-US Privacy Shield Framework will succeed the Swiss-US Safe Harbor framework. The Swiss-US Safe Harbor framework was declared invalid in October 2015 following the EU Court of Justice’s decision that it was an inadequate legal mechanism for personal data transfers to the US. Since then, officials have drafted a new framework to ensure that the Swiss-US Privacy Shield Framework improves upon the Safe Harbor framework by including stricter data protection principles. New requirements and principles as Swiss-US Privacy Shield replaces Safe Harbor The new framework includes enhanced requirements around notice, onward transfers and data retention, improved framework management by and new mechanisms for individuals to obtain recourse for violations. While the replacement occurred immediately, the Department of Commerce will begin accepting certifications on April 12, 2017, so that organizations can review the new Swiss-US Privacy Shield Principles. The mechanism for personal data transfers from member countries of the European Economic Area (EEA) is the EU-US Privacy Shield. Because Switzerland is not a member of the EEA, Swiss and US officials developed this separate agreement. Although the two agreements are separate, the Swiss-US Privacy Shield framework parallels the EU-US Privacy Shield framework in many ways. The Federal Council stated that “the fact that the two frameworks are similar is highly significant, as it guarantees the same general conditions for persons and businesses in Switzerland and the EU/EEA area in relation to trans-Atlantic data flows.” While the two agreements are similar in many ways, there are still some areas where the two agreements vary. Organizations should not assume that certification for EU-US Privacy Shield translates directly to certification for Swiss-US Privacy Shield. An assessment and verification should be conducted for an organization’s privacy posture against the new Swiss-US framework. Are you ready for the end of the Privacy Shield grace period? Soon companies that self-certified with the Department of Commerce before the September 30, 2016 deadline will have the 9 month “grace period” come to a close. The grace period was given to these companies so that they could ensure that all of their third party vendors met the Accountability for Onward Transfer principle. The grace period ends soon, meaning that the deadline is fast approaching. Accountability for Onward Transfer principle, Section II, 3.b., states: To transfer personal data to a third party acting as an agent, organizations must (i) transfer such data only for limited and specified purposes; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with the organization’s obligations under the Principles; (iv) require the agent to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department upon request. In sum, maintaining your Privacy Shield certification by adhering to the Accountability for Onward Transfer principle requires a lot of due diligence. Third party vendor relationship requirements When a company has a relationship with a third party vendor involving the transferring personal information to that vendor, the company has to ensure that the vendor will process personal information in a manner consistent with your company’s obligations under the Principle. The company’s contract with the vendor also has to state that the data your company transfers to it can only be used for limited and specified purposes. What’s more, vendors acting as agents have to cease and take steps to remediate unauthorized processing. For most companies, this is a lot of work that is extremely time consuming. Larger organizations may use thousands of vendors. The initial grace period concession was given in light of the time it may take a company to comply with this principle. For example, a few of the hundred vendors that a typical mid-sized business uses include a marketing automation system, a customer relationship management system, an administrative services system, and a payroll system. How will companies adhere to the Accountability for Onward Transfer Principle? compile a large spreadsheet and call, email, or meet with internal business or process owners. Though this option is cost effective in terms of dollars, it is not cost effective in terms of time, productivity, and data integrity. Technology solutions to automate the process and provide an easily accessible digital repository may have up-front costs. long term savings in terms of time, productivity, and maintaining data integrity will far outweigh initial up-front costs Benefits of early Privacy Shield adoption On August 1, 2016 the U.S. Department of Commerce (DOC) started accepting self-certifications for compliance with the Privacy Shield Principles. A number of companies have already started the process to self-certify with the DOC to take advantage of the grace period offered to early adopters of the Principles to get contracts with third parties updated. How the Privacy Shield grace period works If a company self-certifies to within the first two months of the DOC accepting certifications, those companies will be given an additional nine months to get their contracts with third parties updated to meet Privacy Shield requirements. So if a company certifies to Privacy Shield on September 1st, they have nine (9) months from that date to get their third party contracts updated. During that time, the Notice and Choice Principles apply to transfers to third parties. The grace period only applies to the Accountability for Onward Transfer Principle. The company needs to be in full compliance with the remaining Principles to self-certify. Companies self-certifying Privacy Shield compliance with the DOC after September 30th will need to be in full compliance with all the Principles including Accountability for Onward Transfer and must be able to provide a copy of the privacy provisions in their contracts upon request. This means, a company must have all their ducks in a row (including updating contracts) before they self-certify. ==================================================================================================== URL: https://trustarc.com/resource/argentina-data-privacy-bill/ TITLE: GDPR-like Argentina Data Privacy Bill | TrustArc TYPE: resource --- Doing business with Argentina just got easier Argentina employs a hybrid approach to its data protection framework, combining constitutional protection with expansive data protection regulations. But a new Argentina Data Privacy Bill promises GDPR-like protections. Argentina’s data protection law, passed in 2000, provides general protection for personal data stored in public or private databases and other processing platforms. Just as Chapter VII of the Federal Constitution recognizes individuals’ habeas data rights to access and correct information stored about them. These protections and others contributed to Argentina being deemed by the EU to provide a level of protection “essentially equivalent” to the EU At the end of 2016, the Argentina Data Protection Agency (DPA) released a new regulation governing international personal data transfers: DIRECCIÓN NACIONAL DE PROTECCIÓN DE DATOS PERSONALES This new regulation includes model forms for international data transfers to data controllers and/or data processors. While model forms fashioned after EU standard contractual clauses were provided, controllers may still use other forms if submitted to the DPA for approval. The Regulation also lists the following “adequate” countries (those that have an adequate level of data protection) for cross-border data transfers: “Member States of the EUROPEAN UNION and members of the European Economic Area (EEA), SWISS CONFEDERATION, GUERNSEY, JERSEY, ISLE OF MAN, FAROE ISLANDS, CANADA only for its private sector, PRINCIPAL OF ANDORRA, NEW ZEALAND, URUGUAY and STATE OF ISRAEL only with respect to data that is received by automated means. This list will be periodically reviewed by this National Directorate, publishing the list and its updates on their official website.” Whereas countries such as the United States and Mexico do not appear this list, they may petition for adequacy. This new Regulation should make doing business with Argentina easier for global corporations. It aligns with EU regulations, making it familiar to businesses already meeting EU requirements. Moreover, if organizations use the models provided by the Regulation, they can more efficiently operate within the data privacy confines of Argentine law. The new Argentina data privacy Bill ’s data protection law to keep pace with evolving digital technologies and global regulatory regimes. Whereas in December 2016, the Argentine Data Protection Agency (DPA) issued a proposing changes to the national Data Protection Act (Act) after nearly a year of public consultation, this month, the DPA released a draft bill to update the sixteen-year-old Act in line with many of the EU GDPR’s new requirements taking effect in May 2018. That the Argentine DPA would model its bill after the GDPR is not surprising, given that Argentina was the first Latin American country to be recognized as being “adequate,” i.e., providing data protection equivalent to those of the EU. The Spanish-language draft bill may be read Proposed updates to Argentina’s Data Protection Act Some of the Argentine data protection draft bill’s new provisions will be familiar to prospective GDPR practitioners, such as dispensing with a database registration requirement and solidifying the DPA’s independence from any other governmental entity. Many businesses will be pleased to note the inclusion of Binding Corporate Rules (BCRs) as a legal basis for cross-border data transfers , as well as the establishment of non-consent-focused legal grounds for data processing. Such as when processing is undertaken pursuant to the “legitimate interests” of the data controller. While the GDPR’s Article 8 sets a default age of 16 for child consent but allows for EU Member States to set the age as low as 13 years old, the Argentine bill would allow for processing of the personal data of a child under 13 with parental consent. Other key changes include the addition of definitions for genetic data and biometric data; the limiting of what constitutes a “data subject” to be only individuals–rather than corporations and other legal entities; new rules revolving around credit reporting; and new sections on data protection impact assessments, DPOs, data breaches, and cloud computing. With the executive and legislative processes still to play out, experts expect a likely 2018 date before the revised law would be enacted. ==================================================================================================== URL: https://trustarc.com/resource/maximizing-data-utility-under-gdpr/ TITLE: Maximizing Data Utility Under GDPR | TrustArc TYPE: resource --- Trying to solve a problem, determine the optimal course of action, or make a critical decision in the absence of meaningful data not only is frustrating – it can yield undesirable outcomes. It’s like driving without a map or hiking without a compass, let alone precise GPS. Or, like trying to communicate with a friend, whose last name you don’t remember how to spell, without a phone number, email address, or Twitter handle. Many business leaders have realized that connected devices, systems, and sensors are generating more and more data that can be invaluable to making better business decisions. Yet, they still are deciphering how best to leverage all of the data to drive better business decisions. With impending compliance obligations under the GDPR, they may forfeit those data opportunities if they don’t implement solutions that enable ongoing authorized use of those data. Privacy leaders can be business enablers by supporting the business in maximizing net data value in two key ways: Partnering with other data leaders in the organization to establish an integrated approach to data governance that enables data benefits and risks to be evaluated in a holistic way, and Driving consistent evaluation of the value and costs associated with the acquisition, storage, use, and re-use of data. Data protection by default Meeting Upcoming GDPR Requirements While Maximizing the Full Value of Data Analytics Mike Hintze and Gary LaFever tackle the new frontier of “data protection by default” under The concept of data protection by default permeates the regulation. It expands upon traditional notions of data minimization or the minimum necessary data to prescribe implementation of technical and organizational mechanisms for ensuring that only the specific personal data necessary for each specific processing purpose are processed. Each specific processing purpose includes: collection, scope of use, length of storage, or accessibility. Hintze and LaFever present a compelling case for companies to proactively implement a robust technical approach to the GDPR’s data protection by default requirements in order to both maximize data value and minimize compliance risk and liability. Technology saves time and maximizes data utility As privacy professionals, we spend countless hours with business teams identifying and classifying data elements, determining the processing purposes and the legal basis for any proposed processing, and evaluating data retention periods and proposed data transfers. We create data inventories and data flow maps in order to determine whether data minimization, proportionality, and onward transfer requirements are met. We are startled when the hours fly by and our analyses are ongoing, and we recognize that the only way we can support goals like maximizing net data value is to rely on technology to scale our work, make it more efficient and ultimately, more effective. With GDPR’s data protection by default requirements in just 15 months, we can no longer put off plans to implement new technology to help us comply. How controlled linkability improves data utility Fortunately, Hintze and LaFever present solutions based on a concept of “controlled linkability” that refines data so that it can be used for a range of purposes while preserving privacy and protecting the data from unauthorized processing. Controlled linkability thus facilitates extraction of the full value of data, enabling both GDPR and other regulatory compliance as well broad data utilization. In order for businesses to preserve and enhance the value of their data beyond the next 15 months, however, the time to plan for effective implementation of these technology solutions is NOW. Since so many businesses rely on big data analytics, as increasingly artificial intelligence, to fuel innovation and growth, it has become essential to know how to ensure compliance in a way that allows your data assets to be utilized. ==================================================================================================== URL: https://trustarc.com/resource/rackspaces-role-in-the-privacy-ecosystem/ TITLE: Rackspace’s Role in the Privacy Ecosystem | TrustArc TYPE: resource --- Sabina Jausovec-Salinas, Rackspace US in-house Advertising and Privacy Council, explains role in the privacy ecosystem and how that ecosystem will evolve in the next few years. What is your organization’s role in the data privacy ecosystem? Rackspace helps businesses tap the power of hosting and cloud computing without the complexity and cost of managing it on their own. As a cloud computing and service company, Rackspace values the trust our customers place in our services. Our role in the privacy ecosystem is to provide our customers with multi-cloud deployment options (public, private and hybrid cloud, and dedicated hosting) and to offer various security solutions and services to allow our customers to configure and deploy controls that can address their security and privacy compliance challenges. Rackspace services are provided in a manner that gives our customers flexibility over how they configure, secure and deploy their hosted solution based on their unique requirements. What key goals/issues is your organization focused on tackling? Everything we have built at Rackspace has had service as its bedrock, so our primary goal is providing support and services that help our customers achieve their business goals. We serve customers in more than 120 countries and are committed to helping our customers protect the security and privacy of information stored or transferred when using our services. In addition to providing multi-cloud deployment options, we also offer Rackspace Managed Security services for improved cybersecurity. Rackspace Managed Security services have been crafted to address the core challenges businesses face in keeping their cloud environments secure and compliant. These services enable our customers to proactively address threats to information security and implement monitoring and security controls to protect their data. How have your organization’s goals and focus changed over the years to address evolving technologies or challenges? Dangerous and sophisticated attacks are a daily challenge for security and privacy teams everywhere. Rackspace is continuously improving its product and service portfolio to serve its customers’ workloads where they fit best and to address the new realities of evolving technologies and challenges that come with it, such as security threats and cyber-attacks. Rackspace engineers deliver specialized expertise, easy-to-use tools, and Fanatical Support® for leading technologies including AWS, VMware, Microsoft, OpenStack and others, be it in Rackspace, customers’ or third-party data centers. Rackspace provides solutions and services that help our customers in their own privacy compliance efforts. Rackspace Managed Security services include Cyber Security Operations Center services to help our customer effectively manage business risk by detecting and responding to security threats. This service adopts a proactive approach to detecting anomalous activity on customers’ networks and allowing our customers to respond quickly and effectively to malicious activity when it is detected. How does the privacy ecosystem need to evolve over the next 3-5 years to be fit for purpose? In today’s digital economy, connectivity and the flow of information are becoming global. With the rapid development of information technology, modern ideas about data privacy have changed. Digital technologies, like cloud computing and the , now have a direct impact on how we collect, access, use and protect information. are critical to the success of companies, as well as individual consumers who benefit from services that are delivered globally. globalization of business and social connectivity has caused the privacy landscape to grow in scope and complexity , and it’s brought about new challenges for regulators, companies and privacy professionals. Companies must understand and continuously adapt to new technologies and individual country-specific privacy laws. Companies, regulators and privacy professionals will therefore need to work closer together to establish interoperable privacy frameworks to enable businesses to grow on a global level, while ensuring privacy rights of individuals are protected. Tell us about your role at Rackspace. As an in-house advertising and privacy counsel, I launched the Rackspace privacy program and manage multiple facets of the program. developing and implementing privacy policies, procedures and practices, providing subject matter expertise to other members of the legal team, training employees on privacy related matters, supporting Rackspace’s customer and supplier contract negotiations to address privacy implications, managing Safe Harbor/Privacy Shield and APEC CBPRs assessments and certifications, and providing guidance to the business on other privacy and data protection related matters. How did you start working in the data privacy field and why do you enjoy it? I started working in the privacy field when I first joined Rackspace in the UK in 2008. Privacy issues can be fascinating and multifaceted. For companies with a global presence, managing privacy compliance has become increasingly complex and challenging . And this is the reason why I enjoy working in the privacy field. The way we think about privacy today is not only important for us as individuals. It is also important for businesses that collect and use personal information. privacy professionals have a huge responsibility and an opportunity to influence the way personal data is handled and the way privacy rights are respected. We can help drive product and service development with privacy in mind. What do you wish more [people, business, etc.] knew about privacy? There is a notion that storing personal data in the cloud will diminish its privacy. This myth is mainly due to a lack of understanding of the cloud. How you utilize the cloud matters when it comes to data privacy and data security. When it comes to the use of cloud services, one size does not fit all. The best solution is often a multi-cloud approach – different clouds for different applications, workloads, and data. Adequate assessment and planning can help businesses make smart cloud decisions and select a reputable cloud provider and the right cloud deployment model. This can enable better data privacy, security and control in the cloud. ==================================================================================================== URL: https://trustarc.com/resource/privacy-leader-as-a-business-enabler/ TITLE: The Secret Role of Privacy Leader as a Business Enabler | TrustArc TYPE: resource --- Three lessons to go from privacy leader to business enabler Viewing a privacy leader as a business enabler – not just a leader who focuses on providing compliance, policy, and legal guidance – it’s critical to your organization’s success. Data privacy doesn’t happen by accident To establish a culture of privacy in any organization, all leaders, including the CEO, must set an example. The privacy leader as a business enabler Regardless of an organization’s maturity in governing data, protecting data, or implementing a privacy program, business teams must focus on delivering business results. Business units may feel they don’t have time to worry about data privacy regulations and processes that detract them from that focus. What they need is a counselor – someone who helps them think through their business needs for the data and the business risks associated with not governing and protecting the data effectively and sustainably. How can you be a counselor? Seek to understand what the business wants to do with personal data: What are their goals? What do they want to achieve? What data do they believe are needed for that purpose? Do they think they might want to do with the data in the future? Based on your discussions with them about the value of the data to them, help them understand the risks associated with not protecting the data. Transparent Communication Help them envision transparency tools, such as notice, consent, and account management for individual rights like access and correction , to meet broader communications objectives for projects. Business teams often will be guided for expense management reasons to select vendors primarily based on cost. Often, however, the lowest cost vendors are ill equipped to support the risk management and regulatory obligations for which the business is responsible. Worse yet, some business teams don’t realize that their data responsibilities and liability doesn’t end when data is in the hands of the vendor. Guiding the business to select vendors that appropriately balance cost and mitigate risk will help prevent data breaches and other liability problems that can obliterate any immediate cost savings. Build sustainable solutions Not all organizations are ready to put robust, sustainable data privacy solutions in place. Some are only resourced to handle obligations on an initial ad hoc basis. Others are moving up the maturity curve toward repeatable, defined, managed, and optimized. Regardless of an organization’s data privacy and governance program maturity, most organizations have data and technology needs that continue to evolve as business needs change and technology improves. Privacy regulations are unlike any other regulatory area Because data about people can be generated in some many different forms and contexts – from where we go, to what we eat, to how we feel, what we spend and whether we sleep. Privacy and data protection requirements can be enforced by many different types of regulators, and in some cases, by private parties as well. In this complex regulatory environment, the privacy leader, as well as others in the business, legal and compliance, need to be able to demonstrate accountability and compliance upon request at any point in time. Good governance and technology solutions Good governance, clearly documented roles and responsibilities are critical not only to putting a program in place, but also to enabling it to be implemented effectively and mature over time. Technology solutions can support these goals as well. Other business functions that rely on personal data, such as finance and human resources, have recognized the importance of investments in workflow automation, cloud computing and data analytics. Privacy and data governance programs can be made sustainable through technology solutions that facilitate: creating data processing inventory, evaluating of associated risks, documenting mitigating controls, managing potential incidents, and demonstrating what is in place and its effectiveness. While this can be a substantial undertaking, investment in modular solutions in ways that are tailored to an individual company’s culture and maturity can enable an organization to manage privacy much more effectively. Thus, privacy leader can focus on tackling new and emerging issues. Sustainable solutions such as good governance and technology position the privacy leader well for helping the organization to maximize net data value. The final lesson is that it’s not enough to focus on regulatory compliance, maturity, accountability or even ethics. All of these are important components of an effective, holistic, progressive approach to managing a program. But in order to truly embed privacy and data governance into the functioning of a business, a privacy leader needs to help the business understand the value of data as an asset – as well as the data risks – not just on the individual project level, but across the organization. In other words, the privacy leader needs to think and speak the language of the business and the way in which the business thinks about successful outcomes. When you are guiding business teams on how to realize the value of the data to their specific projects, you should help them see the corresponding risks associated with not effectively governing and protecting that data. While that can and should be done on a project-by-project basis, in order to truly enable the business, the privacy leader should look for opportunities to partner with other data stakeholders in the organization to drive or support the organization in support of a broader data governance strategy. Partner for integrated data governance A broader, holistic data governance strategy for an organization that enables it to concurrently view data needs, data value and data risks, needs to take into consideration not only privacy and data protection-related data responsibilities. But rather, how those responsibilities align with other information lifecycle management and compliance responsibilities within an organization. Such responsibilities might include: financial data, for which the chief financial officer is the primary stakeholder; trade secrets and other intellectual property, for which the chief innovation officer, chief technology officer, research or product leader of the organization is responsible; customer data, for which the chief marketing officer typically is the key stakeholder; e-discovery for which the general counsel is primarily responsible; and administrative, technical and physical risks associated with sensitive, confidential and proprietary business information which the chief information security officer typically oversees; and compliance program implementation and effectiveness, which the chief ethics and compliance officer monitors and oversees for the organization. Consistent data identification and classification strategies across all of an organization’s data types can inform consistent evaluation of data uses and reuses, benefits and risks. Consistent data evaluation drives better business decisions Establishing an integrated data governance program can not only help organizations understand the benefits and risks of data in a holistic way, it can drive consistent evaluation of the value and costs associated with acquisition, storage, use and reuse of the data. This in turn can inform the business of how effective management of the data is key to driving a range of potential business outcomes and also how to make key business decisions based on that knowledge and understanding. to quantify the value of data as an asset. This work may lead to better assessment of the value of data generated in connection with an innovative new technology, in a potential divestiture or sale of a line of business, or compromised by a breach, and the investments in resources, controls, and insurance to preserve that value. Over time, perhaps there will be accounting standards for recognizing most data on an organization’s balance sheet, and for how data contributes to revenue, expense, and net income or loss. For now, however, viewing one’s privacy responsibilities as part of a broader data governance strategy can help earn the privacy leader a seat at the table in strategic discussions about business drivers, compliance and risk. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. ==================================================================================================== URL: https://trustarc.com/resource/third-party-privacy-dispute-resolution/ TITLE: TrustArc Third Party Privacy Dispute Resolution | TrustArc TYPE: resource --- Initial Privacy Shield deadlines are just around the corner, and EU GDPR compliance isn’t far behind. These fast-approaching dates are stirring up a renewed interest in a solution that TrustArc has been offering for years – alternative third party privacy dispute resolution. alternative dispute resolution (ADR) gives customers confidence that you are committed to their privacy and helps mitigate unintentional privacy violations that may accompany web page updates or new initiatives. Privacy dispute resolution is a requirement The impending compliance dates remind us that providing privacy dispute resolution is often more than a consumer-friendly best practice – it’s a requirement. When required, companies are generally presented with two options. Refer a complaint directly to the local regulator (DPA) Work with a third party dispute resolution solution provider There are clear benefits to going the third party route – and selecting a third party trusted by both businesses and consumers may be the best way to turn unhappy customers into happy customers. You will also want a solution that provides privacy expertise, cost certainty and efficient online processing. Our solution checks all of these boxes while processing several thousand customer complaints each year helping thousands of customers maintain privacy compliance. It’s included in most of our certification offerings and can also be selected as a standalone solution. If you need to meet the ADR requirements of Privacy Shield or are simply interested in improving your customer experience, you’ll want to learn more about TrustArc Dispute Resolution Privacy Dispute Resolution FAQs How TrustArc third party privacy dispute resolution works TrustArc collects the customer’s privacy notice that complaints will be assessed against and loads into the Data Privacy Management Platform. TrustArc verifies that the customer has posted the required information about, and provided access to, TrustArc Dispute Resolution. A consumer must first contact company. If no or unsatisfactory response, individual can file a complaint through TrustArc. Complaints can be submitted online identifying the disputed URL or company name. TrustArc will respond to the individual within 10 days of receiving the complaint. TrustArc will review and forward valid, privacy-related complaints that cannot be resolved through consumer education or the company for resolution. Company has 10 business days to respond to the consumer. TrustArc then sends a notice of its determination and indicates that it has closed a Dispute Resolution complaint. The consumer (Complainant) or the customer has 14 calendar days to file an appeal. Our dispute resolution services ensure key data privacy issues are addressed before they become larger problems. ==================================================================================================== URL: https://trustarc.com/resource/privacy-risk-exposure-in-latin-america/ TITLE: Understanding Privacy Risk Exposure in Latin America with Five Principles | TrustArc TYPE: resource --- Technology is booming in Latin America, and privacy laws and regulations are becoming more complex since more technology generally means more data processing. 20 different and independent countries form Latin America, so getting acquainted with 20 different laws can seem quite an ordeal. Here’s how to understand your business’s privacy risk exposure in Latin America and the five basic principles of LATAM privacy laws. Five basic principles of LATAM privacy laws There is no document such as the GDPR applicable to the whole region, although most of the laws are based on the EU Data Protection Directive 95/46 EC (the EU Directive) In general, most countries have a right of data self-determination in their constitutions, but specifically, all the countries can be divided into two teams. , in which we can find Mexico, Argentina, Uruguay, Costa Rica, and Nicaragua, comprises countries with a detailed framework and even Data Protection Agencies (DPA) to enforce it. , where we can find countries such as El Salvador, Guatemala, Venezuela, and Cuba, groups countries who don’t have a specific omnibus law regarding data self-determination or a DPA. There are, as well, a set of countries transitioning from team two to team one, for example, Brazil and Paraguay. Habeas data (which literally means “to show – the controller– has the data”) is a catchy phrase used to refer to data self-determination rights, such as the right to access, rectification, or erasure of personal information. Most of the Latin American countries grant these types of rights to data subjects, and provide detailed legal procedures to enforce them. Corporate governance and policies Some laws require controller companies to develop some corporate structures and privacy policies according to certain legal principles. For example, Mexican Law, requires controllers to appoint a Data Protection Officer in charge of reviewing any Habeas Data complaint complaint made by data subjects. The duty of information, plays an important role in the region. In jurisdictions such as Argentina or Colombia, controller companies have a duty to disclose all the details regarding the processing of Information to be disclosed commonly includes: Personal information gathered, A detailed explanation about what do the controller use the data for, A list of transfers to third parties, The name and address of the legal entity responsible for the database and Procedures to exercise habeas data rights rights, among others. Consent is paramount in most of the Latin American jurisdictions. Almost every country with an omnibus legislation require it prior to the processing of data in their own unique ways. For example, Mexico and Colombia, allow opt-out consent for general information, but require opt-in consent in special circumstances such as the processing of sensitive data (information regarding sexual orientation, religious views, ethnic origins, health condition, political preferences among others). Whatever the case, the controller company will be responsible to show the DPA it disclosed the information required by law and that they got consent before processing data. The general rule is data transfers can only be made with prior consent from data subjects. However, international data transfers are regulated as well. Some countries require transfers to only be made to countries that show an “adequate level of protection” Some other countries, such as Mexico, allow international data transfers only if the controller company agrees (by a legal binding document) to process the information under a privacy policy in accordance with Mexican Law principles. Either case you better double check before transferring data, since fines or even criminal charges (misdemeanors or felonies) may apply if the transfers aren’t done correctly. You don’t want to risk it. Privacy in Latin America is a complex and continuously evolving subject, which varies depending on the country you are doing business in. Brazil’s Data Protection Law: LGPD After several postponements, the omnibus Brazilian privacy law, the Lei Geral de Proteção de Dados (“LGPD”), entered into application on 18 September 2020 . The LGPD is a new law, providing the rules for the processing of personal data in Brazil by both private sector and public sector actors. Immediately after the final vote deciding the entry date of the LGPD, the Brazilian government also published the decree establishing the Brazilian data protection authority. Enforcement of the law, or at least to the extent that penalties can be imposed, is poised to start in August 2021, but will also be dependent on yet to be created guidance from the regulator. The LGPD builds on earlier privacy laws in Brazil and aims to provide a harmonized approach to the processing of personal data in all sectors. The law is clearly inspired by the EU General Data Protection Regulation (GDPR), providing for a similar approach to compliance. Nevertheless, there are key differences that organizations will need to be aware of when complying with the law. Just complying with the GDPR is not sufficient for compliance with the Brazilian LGPD And as with the GDPR, a tick-box exercise will not prove to be sufficient to comply. Get detailed insights, tools, and templates to help you manage LGPD and other consumer data privacy regulations. Automate your privacy program Use PrivacyCentral to streamline privacy program management across all relevant jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/daa-adchoices-icon-awareness/ TITLE: Awareness of DAA AdChoices Icon Rises to 42% | TrustArc TYPE: resource --- Awareness of the DAA AdChoices icon increases New research findings show consumer concern over online tracking for targeted ads has fallen from 65% to 61% over the last year, and awareness of the DAA AdChoices icon has risen to 42% – five points higher than last year (37%). These latest stats show the sustained growth and success of the DAA program but also what’s at stake for the digital publishing industry, as 28% report they had used adblocking software in the month prior to the survey. Positive feelings about targeted ads As consumers become more aware of how they can control the types of ads they see, they are more likely to feel positive about online behavioral advertising (OBA). Almost 2 in 5 (39%) said the information available through the AdChoices Icon, along with the option of opting out of OBA, would make them feel more positive about the concept of targeted ads. These findings are based on data from an online survey conducted by Ipsos, commissioned by TrustArc, with 1,000 adults aged 18-75 in the US from December 17-22, 2015. Tracking data is available for the previous four years. Those who worry about online privacy limit their actions online According to the survey, the business impact of consumers’ privacy concerns remains high, with 89 percent avoiding doing business with companies they don’t believe protect their privacy 74 percent of those who worry about their privacy online limiting their online activity in the last 12 months due to their concerns. Of those worried about their privacy online, 51% did not click on an online ad in the last 12 months – the most common action taken due to privacy concerns. The DAA program covers online, mobile, and video ads. It was developed in conjunction with the advertising industry to provide users with more control over their online ad experience and the option to opt out of personal targeting without blocking ads altogether. Provide your audience transparency and control over ad preferences TrustArc is one of only two tech providers for the enables brands, publishers, and ad tech platforms to provide users with transparency and control for digital advertising that comply with the DAA/EDAA/DAAC self-regulatory programs. ==================================================================================================== URL: https://trustarc.com/resource/merck-successfully-concludes-first-apec-based-bcr-approval/ TITLE: Merck Successfully Concludes First APEC-based BCR Approval | TrustArc TYPE: resource --- How did Merck successfully achieve the first APEC-based BCR approval? , Merck & Co. Inc. formally concluded their Binding Corporate Rules (BCR) approval process with the Belgian Data Protection Authority, becoming the to achieve the compliance landmark. But in a global first, Merck based its BCR application on its APEC Cross Border Privacy Rules (CBPR) certification This work was facilitated by Merck’s use of a developed by the Article 29 Working Party and APEC’s Data Privacy Sub Group in 2014 to facilitate interoperability between companies seeking certification under both systems. In October 2013, TRUSTe certified Merck as the first healthcare company and the second multinational company under the CBPR system. “The value of this approach is that we obtained both CBPR and BCR approvals while maintaining the substance and structure of our existing global privacy program. The practical effect is that we gained greater efficiency in how we manage cross-border data transfer and global data processing without adding complexity to how we operate,” said Hilary Wandall, Chief Privacy Officer. A faster BCR approval process a recent review of CBPR benefits by Information Integrity Solutions, the first phase of Merck’s BCR approval took less than three months. In comparison, the mutual recognition phase took an additional nine months. In addition to the time to complete the EU cooperation procedure and transition between the approval phases, the entire approval process was approximately three months faster than the 18-month average. Most importantly, because Merck based its BCR approval on its previously-approved CBPR certification, a broadly BCR-compliant global privacy program was already in place. As a result, according to Merck’s internal estimates, the total cost of its BCR was approximately 90% less than it would have otherwise been. the referential’s endorsement in March 2014, Isabelle Falque-Pierrotin, Chairwoman of the French Data Protection Authority (CNIL) and president of the Article 29 Working Party called it a “very political and symbolic act” for companies seeking to obtain both BCR and CBPR certification. FTC Chairwoman Edith Ramirez noted that “[i]nteroperability is absolutely critical,” “[w]ithout the ability to work across systems, we simply can’t effectively protect the privacy of consumer data, and that’s why as part of the U.S. delegation to the APEC data privacy subgroup, the FTC has been actively involved, along with the Department of Commerce, in developing the CBPRs and also working on this referential.” Earlier this month, Article 29 that work on the BCR-CBPR project would be a key component of its 2016-2018 work plan. The CBPR system was endorsed by APEC member economies in 2012 for businesses established in the APEC region that collect and transfer personally identifiable information from consumers. TrustArc TRUSTe was named the first accountability agent for the system in June 2013. Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. Assurance Services Overview ==================================================================================================== URL: https://trustarc.com/resource/mobile-principles-online-behavioral-advertising/ TITLE: EDAA Launches New Mobile Principles for Online Behavioral Advertising | TrustArc TYPE: resource --- EDAA Self Regulatory Program for online behavioral advertising extends to mobile devices At the EDAA Summit in Brussels, the European Digital Advertising Alliance announced new Mobile Principles to extend the EDAA Self Regulatory Program for Online Behavioral Advertising to the mobile environment. Differences in the EU and US principles Broadly, this move aligns the EDAA with its partner organization in the U.S., the Digital Advertising Alliance (DAA), which released Mobile Guidelines to amend its principles in mid-2013. There are, however, two notable differences between the EU and the U.S. framework. In the EDAA Mobile Principles, there is a requirement that the enhanced notice mechanism inside a mobile ad is the Icon or Icon & AdMarker specifically, rather than allowing any conspicuous mark embedded in the ad creative that links to a notice page. In the EDAA Mobile Principles, there is a slight difference in how information on a mobile device is classified. In the U.S. DAA guidelines, there is a reference to “Personal Directory Data” being used for interest-based advertising requiring enhanced notice and choice (i.e., requiring the Icon). In the EDAA Mobile Principles, that data is redefined as “Personal Device Data” and changed to require enhanced notice and choice. This small change in verbiage means that any ad targeted to a user based on information gathered from other applications they have on their device is, according to the EDAA, an Interest Based Ad that requires enhanced notice and choice (i.e., requires the icon). Point one above closes a small loophole that allows a company in the U.S. not to license the Icon for mobile usage and instead use a different icon to notify consumers. The main goal of the change in point one is to have the industry normalize a single symbol for managing consumer privacy so that consumers are not confused. Point two above is a much broader change, affecting most CPI & CPC-focused Companies in the ad-serving chain. This change means that companies gathering information about other apps on a user’s device will need to serve the icon in ads. Since this is a common practice to understand a user based on the types of applications s/he downloads, this may be a major change for the performance advertising side of the industry. ==================================================================================================== URL: https://trustarc.com/resource/when-does-gdpr-apply/ TITLE: When, Where, & Who Does GDPR Apply to? | TrustArc TYPE: resource --- Does the GDPR apply to your organization? Three examples In the lead-up to May 25, 2018, when the EU General Data Protection Regulation (GDPR) became enforceable, we saw many organizations scramble to prepare. The question of “When does GDPR apply?” was common. Data security leaders at companies located in the EU or doing business with people in the EU invested time and money into assessing They have since set up new data collection and security processes, technology, and controls to ensure they comply with the GDPR. We also know some U.S. organizations have struggled with day-to-day decisions about when the GDPR does or does not apply to their data processing activities. In our conversations with some clients, we heard three common misconceptions about GDPR applicability: Collecting data from public sources Personal data masked from internal teams Data stored outside the EU Below, TrustArc’s privacy experts share their insights on these three misconceptions and suggest some things to consider in your company’s GDPR applicability analysis. Example 1: Collecting personal data from public sources Common misconception: the GDPR does not apply to personal data collected from public sources Some organizations believe that the GDPR does not apply to publicly available information about an individual because it isn’t ‘private’ information. This belief might also include various qualifiers to justify it, including: Because the personal data was not collected directly from the data subject, the organization collecting it is neither a processor nor a controller Because the data was collected from fully public sources, the organization does not have a contract with anyone. One example given to support this belief is a company managing a business directory. The directory was created by collecting information entirely from public data sources. These business directories are common tools for networking. They typically allow people to search a business name and access information identifying the owners and any other people associated with that business, including contact information. Expert insights on GDPR applicability and compliance This idea might be appealing, but just because the personal information is collected from public sources doesn’t mean it avoids breaking GDPR rules. Here is an overview of relevant articles in the GDPR: explains how the material scope of the regulation “applies to the processing of personal data” defines processing as “any operation or set of operations which is performed on personal data or on sets of personal data…” defines a controller, in part, as the entity who “determines the purposes and means of the processing of personal data”. These articles make it clear that if a company processes the personal data of any individual in the EU – regardless of the original source – then the GDPR applies So, in the example of a company managing a business directory, the GDPR applies because it has collected names, job titles and business contact information (addresses, phone numbers and email addresses) about individuals located in the EU. All this information qualifies as ‘personal data’. There isn’t a loophole because the information was extracted from public sources. The company has clearly processed personal data and is effectively taking on the role of a controller. It’s also important to remember an organization’s obligation under the GDPR that if they collect personal data about any individuals in the EU, they need to explain how and why this data was collected and used. unambiguously refers to “Information to be provided where personal data has not been obtained from the data subject”. It includes requirements for controllers to explain: The original sources of the personal data The purposes of the processing (including the legal basis for processing personal data) The categories of personal data collected Identity and contact details of the controller Any recipients of the personal data How long the data will be stored The individual’s rights to request access and changes to, or removal of, their personal data. although we used business contact information in this example, be aware the GDPR does not differentiate between business and non-business contact information. Example 2: Personal data masked from internal teams Common misconception: masking personal data from internal teams is just as good as erasing it for GDPR compliance We’ve also heard another interesting belief that masking personal data from internal teams is just as good as erasing the data internally and, in this way, the organization can comply with the GDPR. The main justification seems to be that masking information – making sure it can’t be seen or used in any way by internal teams – meets the requirements for GDPR Article 17: Right to erasure (‘right to be forgotten’). Expert insights on GDPR applicability and compliance This idea doesn’t work for GDPR compliance because the personal data has not actually been erased: it has simply been hidden. defines the right to erasure as “the data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay”. It explains several reasons an individual (data subject) would want to exercise their right to be forgotten, and it defines the requirement to erase data under certain circumstances – but it doesn’t mention masking data Masked data can be unmasked, and even masked data still exists in an identifiable form. Therefore, an individual in the EU’s right to erasure (right to be forgotten) has not been met. Example 3: Data stored outside the EU Common misconception: moving the data center to store personal data outside the EU means the GDPR won’t apply One of the biggest misconceptions is that if a company stores personal data outside the EU, then it doesn’t have to comply with the GDPR. Some of the ideas we’ve come across and had to correct include: Companies operating in the EU thinking they’re immune to GDPR compliance rules if they already store or have already moved all their data to a data center outside the EU Companies can get a vendor outside the EU to collect the data for them Companies can bake in disclaimers and conditions in contracts with customers that release them from having to comply with the GDPR. Expert insights on GDPR applicability and compliance The location of a data center does not affect whether a company must comply with the GDPR. In fact, this issue is explicitly addressed in GDPR Article 3: Territorial scope. Article 3(1) notes the GDPR applies to “the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not” The second and third points of Article 3 explain how the GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union”. Moving data from the EU does not eliminate the necessity to comply with the GDPR. It can even add extra requirements, including: Proving the legal basis for trans-border data flow, if an organization moves personal data about individuals in the EU to a data center outside the EU Being responsible for how other organizations manage data on behalf of the organization. One of the key intents of the GDPR is to prevent organizations from outsourcing responsibility. GDPR compliance can become more complicated when more companies are involved in managing personal data of individuals in the EU. Even in cases where a controller customer outsources work like data collection, each party – the controller and the processor – has direct responsibilities, regardless of what is in the contract between the two organizations. Data privacy and data security are equally important Before the GDPR was introduced, was often top of mind for many organizations, followed by personal data privacy concerns. Any company developing systems and processes for GDPR compliance needs to treat privacy and security as equally important. The European Commission makes it clear organizations are expected to protect the privacy of individuals in the EU when processing their personal data, and notes the GDPR applies to: “A company or entity which processes personal data as part of the activities of one of its branches established in the EU, regardless of where the data is processed A company established outside the EU … offering goods/services (paid or for free) or … monitoring the behavior of individuals in the EU.” The European Commission also notes some obligations of the GDPR will not apply to organizations if “processing personal data isn’t a core part of your business and your activity doesn’t create risks for individuals”. The key here is knowing whether your organization’s data collection activities capture any information that could be used to identify any individual (data subject) in the EU, either directly or indirectly. Article 4(1) in the GDPR defines personal data as “any information relating to an identified or identifiable natural person (‘data subject’)”. It also explains that along with common identifiers, such as name or identification number, information that could be used to identify a data subject includes: References to “one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”. Your organization’s privacy policies and controls must take these other identifiers into account for all data collection activities during interactions with people in the EU. Do you need support for GDPR compliance? TrustArc’s privacy experts can help your company analyze when and how the GDPR applies to your data collection and data security activities. We’re always ready to answer questions about approaches to help your organization comply with the GDPR and we offer a range of solutions to support your information security strategies. Essential Guide to the GDPR Practical steps to manage the EU General Data Protection Regulation, including a compliance roadmap for implementation. Marketing under the GDPR with consumer information is still possible, but you’ll need to understand the regulation thoroughly. ==================================================================================================== URL: https://trustarc.com/resource/implementing-new-daa-video-oba-guidelines/ TITLE: Implementing the new DAA Video OBA Guidelines | TrustArc TYPE: resource --- The Digital Advertising Alliance (DAA) released new Video OBA guidelines in November 2015. These guidelines apply to in-stream video advertising (pre-roll, mid-roll, post-roll), in-page and in-banner ads. Unlike desktop standards, the video ad serving industry standards splinter. Which leads to more business and technical considerations for companies. In light of the new video guidelines, there are major overlaps with previous desktop and mobile guidelines. Highlights from the DAA video OBA guidelines Implement the icon where it would least conflict with the video experience. the corner of the icon, video coloring, and other embedded calls of action. The icon should not “float” within a video ad. The icon should persist throughout the video ad. Still, if the user suspends the video ad to engage with an interactive element, the icon doesn’t need to be in the element. However, the icon should remain or re-appear when the user returns to engage with the video ad. If clicking on the icon opens an interstitial, the interstitial should cover less than 50% of the video. While the (optional) interstitial is expanded, the company can continue to play or pause the video ad. Finally, companies may work with publishers to place the icon adjacent to the video. And if there are technical implementations with an icon overlay. Depending on where companies are in the chain of video ad serving and the creative formats it works with, the company has a range of implementation options. raw impressions/click pixels, Since many companies are still on VAST 2.0, it’s important to note that the DAA guidelines also recognize this as a difficulty for the industry. “Given the diversity of video players and formats across the desktop and mobile environments, the DAA recognizes that in some cases serving a clickable Ad Marker is not possible in connection with video ads. However, when serving the Ad Marker is not possible for participating companies, the examples presented in these Guidelines are intended to help such companies deliver a consistent consumer experience.” 1 For example, video ads in VAST 2.0 format do not natively support the inclusion of a clickable Ad Marker. TrustArc has seen many businesses approach the implementation differently. Buy-side companies often require the icon by contract with their video partners. This aligns with the push to include the notice where it makes most technical sense while the industry evolves to a scalable implementation standard. Networks that have native ad servers tend to pick one of the technical implementations above and apply them across all their inventory and campaigns. Privacy protection paramount regardless of format and platform Despite these technical challenges, video advertising is increasing in popularity within the ecosystem across desktop, mobile and smart tv. The video DAA guidelines serve as a reminder to offer consumer choice in video. Notice and choice are vital to protecting a user’s privacy no matter the format and platform. TrustArc has supported a video OBA solution since 2012 and is able to support all possible ways of integrating the icon into a video ad. If you are serving behaviorally targeted video advertising and want to implement the OBA icon in your video ads, ==================================================================================================== URL: https://trustarc.com/resource/state-online-privacy-2016/ TITLE: The State of Online Privacy 2016 | TrustArc TYPE: resource --- The TrustArc | TRUSTe and National Cyber Security Alliance U.S. Consumer Privacy Index revealed the State of Online Privacy in 2016. Americans have finally reached a tipping point and are more concerned about how their personal information collected online is used than losing their principal source of income. Released today, the study found that online privacy concerns topped the loss of personal income by 11 percentage points, despite only 3 in 10 Americans understanding how companies share their personal information The business impact of consumers’ privacy concerns remains high, with 89% avoiding companies they don’t believe protect their privacy and 74% of those who worry about their privacy limiting their online activity in the last 12 months due to their concerns. Consumers demand transparency Just 56% of Americans trust businesses with their personal information online, exposing a significant lack of trust. What can companies do to close this gap? The answer is simple – transparency. Consumers demand transparency in exchange for trust and want to control how data is collected, used, and shared with simpler tools to help them manage their privacy online. 46% don’t feel they have control of any personal information they may have provided online, 32% think protecting personal information online is too complex, and 38% of those who worry about their privacy online say companies providing clear procedures for removing personal information would increase trust. The right to be forgotten Interestingly given that the so-called ‘Right to be Forgotten’ for Europeans is now enshrined in the new EU General Data Protection Regulation , 60% of Americans think they also have this right. Perhaps, unsurprisingly with the recent terrorist attacks in Paris the month before this survey was conducted, there has been a fall in the numbers who think online privacy is more important than national security (38%) down seven percentage points from last year’s study. In the context of the Internet of Things (IoT), 37% think losing online privacy is a part of being more connected. Good privacy is good business “Consumer privacy concern is real and rising and businesses need to act now to rebuild trust with their customers before it hurts the bottom line through lost clicks, downloads and sales,” said Chris Babel, CEO of TrustArc. “With 3 out of 4 Americans modifying their online activity last year due to privacy concerns this research shows privacy is not just good practice it is simply good business.” The TrustArc | TRUSTe and National Cyber Security Alliance U.S. Consumer Privacy Index 2016 is based on data from an online survey conducted by Ipsos with around 1,000 US Internet users December 17 to 22, 2015. The research was commissioned by TRUSTe and the NCSA, building on tracking studies conducted over the past six years by both organizations. Comparable research was also conducted in Great Britain. ==================================================================================================== URL: https://trustarc.com/resource/daac-new-guidance-enhanced-notice/ TITLE: DAAC New Guidance on Enhanced Notice | TrustArc TYPE: resource --- The Digital Advertising Alliance of Canada (DAAC) recently published new guidelines on enhanced notice. To explain these changes, the DAAC held a series of webinars on guidelines, implementation, and enforcement. In the announcements, the DAAC listed the expectations of the Office of the Privacy Commissioner (OPC): “Individuals must be made aware in a manner that is clear, understandable, and obvious; not buried in a privacy policy Organizations should be transparent, communicate to users Individuals should be informed of these purposes at or before collection; provided with info about all parties involved Individuals are easily able to opt-out The opt-out is immediate and persistent The information is limited to non-sensitive information Information is destroyed as soon as possible or effectively de-identified” The OPC constantly monitors the market and recently conducted a study to see how the industry was adopting the guidelines. The findings were positive — 96% of online behavioral advertising (OBA) ads targeted had notice on them. The DAAC Program is based on six key principles consistent with Canadian Privacy laws (PIPEDA) and the OPC OBA Guidelines. Companies should direct users to the DAAC program’s website or provide information about OBA. The DAAC showcased Yahoo’s page as an example of an “easy to read” education page. The DAAC also runs its own education campaign about the program. Canadian guidelines allow the icon “in or around” OBA ads, and the site notice must be “above the fold” of the website or as high on the page as possible. DAAC licensed the AdChoices icon from the Digital Advertising Alliance (DAA) since it has a high level of An easy-to-use opt-out is only one or two clicks away. In addition, ads should avoid using the icon where it may overlap with logos, text, or replay buttons. The DAAC also discussed icon collision and prescribes that the last party to touch data must be the one to serve the icon. The DAAC notes that if first parties rely on third party notices, first parties should check that all third parties are members of the Canadian Ad Choices program for full coverage. There is an industry trend that some first parties are putting this requirement in contracts with third parties. Consumers need access to a mechanism to opt-out of interest-based advertising. Consumers can do this on either the or install the DAAC’s browser plug-in. The DAAC has its own website and a browser plug-in called “ ” for consumers to opt-out. Companies need to protect data from loss, misuse, and unauthorized access. And retain data only for as long as necessary to fulfill a legitimate business need. Administrative, technical, and physical safeguards should be appropriate to the sensitivity of the information involved. Sensitive personal information (SPI). The use of SPI for OBA requires consent, and consent needs to be obtained in accordance with Canadian privacy regulations. Examples of sensitive data may include financial information (e.g., credit score), criminal record, health information, and sex life/orientation. The Advertising Standards Canada (ASC) is Canada’s advertising industry self-regulatory body. The ASC administers the accountability component of the DAAC’s Ad Choices program. In 2015, the ASC reviewed first and third party participants and 60+ consumer complaints. The ASC plans to start active enforcement of the program this month and release its first report at the end of 2015. In order to effectively deploy the DAAC program or any OBA compliance program, it is recommended companies form a team consisting of people from legal, marketing, media communications, and IT depending on the company’s business model. The team will need to work together to learn the requirements of the program and then select an approved vendor to work with to implement the notice and choice on in-ad and/or website. TRUSTe is one of the DAAC approved providers of serving the OBA icon in-ad and on site. What’s next? The DAAC explained that they are currently working on developing creative guidelines for using the AdChoices icon on mobile websites and apps. As part of expanding the use of the icon on mobile, an opt-out app and a mobile web-optimized opt-out page are also in the works. The timing of this release is late 2015 or early 2016. ==================================================================================================== URL: https://trustarc.com/resource/us-eu-safe-harbor-whats-next/ TITLE: U.S.-EU Safe Harbor – What’s Next? | TrustArc TYPE: resource --- U.S.-EU Safe Harbor Framework relied on by over 4,000 companies no longer valid This week, the Court of Justice of the EU (CJEU) ruled that the current U.S.-EU Safe Harbor Program is for ensuring adequacy under EU Data Protection Directive 95/46/EC for international data transfers. The U.S.-EU Safe Harbor had been in place since 2000, and more than 4,000 U.S. companies relied on the framework. Many businesses are left wondering what to do until the Department of Commerce and the European Commission can finalize a new Safe Harbor framework. International data transfer options companies have without Safe Harbor What is the anticipated timeline for enforcement? A: “The ruling of the court is effective immediately. The general principles — that the court highlighted and therefore they became part of European Union law — they’re effective today.” – Andrea Glorioso From the view of small companies, would you advise letting Google, Amazon, and Facebook lead the way here? A: “This is an issue for everyone, and while different resources can be expended against it based on your size and scope, that also typically represents the size and scope of the data that you might be transferring and the efforts it might take to think through these things, but it’s a dramatic enough change it has broad-reaching implications such that hoping it goes away and hoping that big people that have higher risk profiles with higher data being moved to get in trouble first…The ostrich plan is not a good one.” – Chris Babel Do you think version 2.0 is around the corner? If not, in what timeframe do you think that will be released? A: “We have been discussing with America about a revised Safe Harbor, but whatever we come up with now, it will have to be compatible. It will have to respect the parameters that the European Court of Justice has given us with this ruling. We cannot give you timing for that except to say that we certainly have a common interest in finding a new mechanism that is as efficient as Safe Harbor but at the same time respects European Union citizens’ rights in the way that the European Court of Justice told us.” – Andrea Glorioso ==================================================================================================== URL: https://trustarc.com/resource/meet-blane-sims-privacy-ecosystem/ TITLE: Meet Blane Sims, Senior Vice President of Product, Signal | TrustArc TYPE: resource --- Blane Sims – Leading player in the privacy ecosystem What is your organization’s role in the privacy ecosystem? “Marketing is a data-driven industry,” Blane Sims explains. But the technology that digital marketers have relied on for 20 years hasn’t kept pace with all the complexity and fragmentation of today’s landscape. helps advertisers and publishers collect, unify and activate their cross-channel data to deliver real-time, people-based marketing. An important part of powering people-based marketing is solving fundamental privacy and data collection challenges. I have yet to talk to a marketer who wants to do anything other than provide amazing experiences to customers. Doing things that customers find privacy-invasive is simply incompatible with providing an amazing experience. That’s the challenge we’re focused on: helping brands to recognize and understand their always-on customers so they can delight them with truly engaging experiences — while always respecting their privacy choices. What key goals/issues is your organization focused on tackling? One of the big issues we’re working on right now is helping consumers set privacy preferences that are both durable and user-friendly. This is challenging in a cross-channel environment, where the patchwork of technology platforms has resulted in confusing privacy settings for consumers. The various systems don’t talk to each other, and opt-in and opt-out settings are buried inside of the browser or inside of your smartphone. From a technology standpoint, Signal is focused on enabling data collection from any channel or device. We are committed to developing better privacy solutions, so we don’t limit our perspective to what you can do with But trying to move things forward is not always easy in an ecosystem with so much fragmentation. “Privacy by design” is one of Signal’s founding principles. Privacy by design means that our platform was architected with certain values in mind. We don’t collect personally-identifiable information. We don’t co-mingle one brand’s consumer data with another’s. And we provide tools that give consumers transparency and choice regarding the collection and use of data. We hold these principles near and dear because Signal’s goal is to generate more trust and transparency around the data that’s being collected and shared across the desktop, mobile, email, point-of-sale and other channels. How do you think the Privacy Ecosystem will/needs to evolve over the next 3-5 years to be fit for purpose? It’s time for the privacy ecosystem to evolve beyond the browser. Cookies aren’t a perfect way to set your privacy preferences because they are attached to a browser. One of the ironies in the system is that by clearing your cookies you think you’re protecting your privacy, but it can have the opposite effect of clearing your privacy settings Additionally, more and more consumers are accessing the Internet from mobile devices, where cookies don’t work. Cookies and browsers will continue becoming less and less important with addressable TV and the What is the biggest current threat to consumers or businesses? The biggest threat to consumers is that a very small number of very large companies are ending up with all of their data. More and more data is being concentrated in the hands of companies like Facebook and Google. They know every article I read . They know the information I’m sharing with friends. They know what purchases I make and they’re increasingly responsible for the ads I see. The danger is that consumers are implicitly sharing data but they don’t have a lot of control – and brands they trust don’t have a lot of control – over how it is accessed and used. Positive steps have been taken by companies such as TrustArc but privacy controls still remain a fairly fragmented experience. We need more industry-standard ways to tie data together and we need more independent mechanisms for consumers to set privacy preferences in an over-arching fashion. Tell us about your role at Signal. I define the strategy and roadmap for Signal’s real-time data platform and work closely with our partners and clients to bring together disparate channels into integrated people-based marketing systems. How did you start working in the privacy field and why do you enjoy it? As part of the team that started Signal nearly 6 years ago, I became deeply involved in the privacy field because of our mission to build privacy into our platform from the start. I brought to Signal a background in web technology from my e-commerce work at the travel site Orbitz and Vignette, a content management solutions provider, and paired that with a strong desire to create meaningful privacy choices for consumers. I enjoy working with the privacy community because I believe that technology is a critical component in answering the questions that are legitimately raised by the world of massively personalized customer experiences in which we now live. What do you wish more people and business knew about privacy? I wish more businesses knew that privacy is something to actually lean into by working proactively with their privacy experts and technology partners to come up with better consent solutions for their customers. Brands that are going to win now and in the future are those that are able to deliver contextually accurate experiences to consumers. The only way to do that is to be able to understand all of the different pieces of information they can glean about the customer’s needs right now, what has led the customer to this point in the conversation and ultimately, how to keep the conversation moving forward. The businesses that will have a significant competitive advantage are the ones that are thinking about this now – how to connect all this data and how privacy can be protected. ==================================================================================================== URL: https://trustarc.com/resource/meet-j-trevor-hughes-privacy-ecosystem/ TITLE: Meet J. Trevor Hughes, President & CEO, IAPP | TrustArc TYPE: resource --- J. Trevor Hughes – Leading player in the privacy ecosystem What is the IAPP’s role in the privacy ecosystem? “As the world’s largest privacy organization, our role in privacy is to help practitioners build and develop their careers,” explains J. Trevor Hughes. International Association of Privacy Professionals (IAPP) works to define, support, and improve the privacy profession globally while providing a forum for all those who touch data in their work to share best practices and advance privacy management. The IAPP is where privacy pros can find the people, tools, and information management practices they need to excel in the field. What key goals/issues is the IAPP focused on tackling? The ever-increasing amount of data being created and amassed online and offline brings ever-increasing privacy challenges. The IAPP is committed to growing and improving the quality of our education and training offerings—from our publications and web conferences to our on-the-ground trainings and information sessions at our events. EU General Data Protection Regulation on the horizon and predicted to have implications far beyond the EU’s borders, we’re focused on ensuring we’ll have the information, resources, and training opportunities our members need available to them as this new era in privacy law comes into effect. How has the IAPP’s focus changed over the years to address evolving technologies or challenges? Since our founding in 2000, our mission has remained evergreen. To define, support and improve the privacy profession globally And this mission has become more essential as our profession grows and we see previously unimagined technologies becoming commonplace just 15 years out. As new technologies emerge, the IAPP continues to gather resources, conduct and collaborate on new research, and build education and training opportunities to provide privacy pros with the tools they need to understand and address those challenges. How do you think the Privacy Ecosystem will/needs to evolve over the next 3-5 years to be fit for purpose? Cybersecurity. Data breaches. . Big data and its role in research and advertising. New and evolving technologies—and new and evolving regulations. These are just a few of the privacy subjects making headlines daily and giving us a window into what we can expect in the next three to five years. It needs improved conversation around these topics, better communication between privacy pros and technology pros. How often have we heard we need to find a common language? Awareness of developing privacy rules and enforcement actions across the globe and increased connections between privacy and security teams will undoubtedly be areas of evolution in the Privacy ecosystem. Tell us about your role at IAPP. As president and CEO, I lead the IAPP’s strategy and supervise its business and affairs. When the IAPP was founded in 2000, it was a tiny organization focused on what was then a just-emerging profession. Since then, we’ve grown to about 24,000 members and more than 90 employees, offering multiple certifications, education and training opportunities, creating the IAPP Research Center and providing a range of publications and regional and international events, including the world’s largest privacy conference, the IAPP Global Privacy Summit. How did you start working in the privacy field and why do you enjoy it? For six years I was in-house counsel at a large insurance company where I had responsibility for some of the earliest e-commerce implementations at that company, which included privacy issues. From there, I became the director of privacy at a dotcom; it just kept rolling from there, and in 2000, the IAPP was born. I’ve always enjoyed the changing nature of the privacy field. With new technologies come new challenges, concerns and opportunities. I also particularly appreciate the hybridized nature of the privacy profession. Privacy professionals need to understand law but also need to understand technology, business practices and consumers’ concerns and expectations. What do you wish more [people, business, etc.] knew about privacy? For a long time, I pursued the perfect framework, law, or answer to the challenges of privacy. Over time, I’ve come to realize that privacy is a perpetual truth of humanity. we can never “solve” privacy. We have to expect privacy will be changed by shifts in technology, use of data and in social norms. My hope is businesses and individuals will embrace privacy in this construction, as not having a single-point solution but as ongoing, shape-shifting and requiring deep analysis. ==================================================================================================== URL: https://trustarc.com/resource/meet-gabe-totino-privacy-ecosystem/ TITLE: Meet Gabe Totino, President & CTO, AssertID | TrustArc TYPE: resource --- Gabe Totino – Leading player in the privacy ecosystem What is your organization’s role in the privacy ecosystem? AssertID provides a web-based self-serve consent platform for consumers, educators, and businesses. “The platform coordinates the consent process, ensuring compliance with regulations such as COPPA and FERPA,” It promotes transparency between the parties and encourages the use of best-practices so that businesses can act responsibly and consumers can have a degree of control in their online privacy. What key goals/issues is your organization focused on tackling? Consumers need to trust that their privacy is not being undermined when online. Businesses need to know that they can get access to information that is integral to providing their service. Our goal at AssertID is to create an effective communication and control channel between the consumer and the provider so that the consumer becomes engaged in privacy matters, and the provider has an opportunity to earn the consumer’s trust and business. We are currently concentrating on facilitating compliance with the and FERPA laws and engaging parents and educators with the goal of protecting children’s online privacy. This provides us with a good starting point to raise awareness about online privacy and get consumers to become more involved in protecting their privacy while online. How have your organization’s goals/focus changed over the years to address evolving technologies or challenges? Our focus has not changed considerably over the years. The goal remains the same – to be a catalyst in a movement where businesses become more responsible and open about their practices and consumers become more savvy about their privacy. To that end, we continue to keep abreast of new challenges that businesses face with compliance and continuously evolve the platform to remove any roadblocks they might present. Looking ahead, what are the most important data privacy issues/concerns you think need to be addressed by the industry and/or government legislation? Legislators need to continue to put pressure on industry to be mindful of consumer’s privacy. I am not a proponent of too many regulations to the point of stifling industry, but I do believe that some pressure and accountability is needed to ensure that the consumer is protected. At a minimum, the consumer needs to know what data is collected and how it’s being used. And, this information needs to be clearly stated at a level that everyone understands and has access to. What is the biggest current threat to consumers or businesses? I believe that consumer profiling is one of the big threats to an individual’s privacy. Collecting information to ensure a good online experience and perform a few targeted ads is good to a certain point, but amassing data in an attempt to profile and pigeon-hole that individual is dangerous. Best case scenario, it gets very boring for the consumer. Worst case scenario, it’s an assault on the consumer and artificially limits his/her choices and experience. How do you think the Privacy Ecosystem will/needs to evolve over the next 3-5 years to be fit for purpose? As the number of connected devices increases, so will the amount of information collected. Better tools and more automation are needed to keep in step with the exponential increase in the amount of data. It’s already challenging for privacy managers to deal with current data volumes, they need better tools to handle future growth. Tell us about your role at AssertID. How did you start working in the privacy field and why do you enjoy it? I’ve been involved in some aspect of security or privacy for many years. I’ve worked on VPN access networks, PKI infrastructures and identity management systems. I came to AssertID when we were experimenting with an online identity management system based on social network verification. As CTO at AssertID I ensure that our consent platform delivers powerful features in an easy to use format. eliminate all barriers that hinder compliance with privacy laws and to help in promoting transparency to the benefit of business and consumer. What do you wish more people, business, etc. knew about privacy? There is nothing wrong with collecting information but people have the right to know how it’s being used. When they understand how it’s used and trust that it’s for a legitimate purpose, they are not as apprehensive about using a service and everyone wins. ==================================================================================================== URL: https://trustarc.com/resource/meet-daniel-j-solove-privacy-ecosystem/ TITLE: Meet Daniel J. Solove, Founder, TeachPrivacy | TrustArc TYPE: resource --- Daniel J. Solove – Leading player in the privacy ecosystem What is your organization’s role in the privacy ecosystem? TeachPrivacy provides “computer-based privacy and information security awareness training to organizations in a wide array of industries,” explains Daniel J. Solove. has FERPA training for schools, HIPAA training for healthcare providers and business associates, PCI training for merchants and others handling payment card data, and much more. What key goals/issues is your organization focused on tackling? Our goal is to provide training that really makes a difference. Training is one of the most important things an organization can do to mitigate the risk of having a data breach or a privacy incident. I founded TeachPrivacy because I thought that there was a better way to train employees about these issues – to really educate them, to show them why they should care. My goal is to apply good teaching techniques to training. I learned a lot in teaching as a professor and in speaking to audiences of all types. I aim to create training that is engaging, concrete, vivid, and memorable. How have your organization’s goals/focus changed over the years to address evolving technologies or challenges? Our goals have remained stable – we are an education company. Our primary goal is to help organizations educate their workforce about privacy and data security. We want to make the best training we can create. In the training I develop, I strive to use the techniques that work the best – using stories, interactivity, vivid imagery, varied styles and approaches, immersive experiences, activities, genuine passion, and memorable explanations. There is a timeless quality to these techniques. They have worked for thousands of years. Looking ahead – what are the most important data privacy issues/concerns you think need to be addressed by the industry and/or government legislation? It would take many books to answer this question. But one overarching point that I think is essential: The best legislation includes governance provisions – it requires a privacy and security officer, privacy and security programs, routine risk assessments, training, policies and procedures, etc. And there must be good enforcement. Laws without such provisions are often poorly followed. What is the biggest current threat to consumers or businesses? The biggest threat to businesses is their own workforce. Human error accounts for an enormous percentage of data breaches. The hackers know this. Humans are easier to hack than machines. This threat can be dealt with – the workforce needs to be educated, and it must be a meaningful education. But it takes time, effort, creativity, and an understanding of how to engage people. The worst consequence of a privacy or security incident is loss of trust It hurts the organizations that their data will be protected or when they lose trust that an organization will treat them fairly and respect their privacy. Not only does it hurt organizations, but it hurts consumers when they cannot trust organizations they do business with. How do you think the Privacy ecosystem will/needs to evolve over the next 3-5 years to be fit for purpose? Privacy and security need to be better united. Privacy and security go hand-in-hand. They support and reinforce each other. They are deeply intertwined. Yet, they have become siloed in many organizations. Privacy and security professionals often inhabit very different professional circles, go to different conferences, and speak different languages. I’m trying to do my part in bringing privacy and security together by launching a new annual event called the Privacy+Security Forum. We have session topics that attempt to bridge the privacy/security divide, and we are bringing together privacy and security professionals to share knowledge and develop new insights. Tell us about your role at TeachPrivacy. I founded TeachPrivacy and am President and CEO. I am involved in all aspects of the business, and I focus most on creating the training. How did you start working in the privacy field and why do you enjoy it? I began in the late 1990s when I was in law school. I took one of the early cyber law courses, and I thought there would be interesting issues in the field. Not much was written about privacy at the time, so I started to look into that issue. And then I fell into the rabbit hole, which seems endlessly deep. When I started teaching in 2000, I proposed a course in information privacy law. My law school kindly let me try it out. There were only a handful of such courses at the time. I put together hundreds of pages of materials, which I then turned into a casebook. It’s now in its 5th edition. Privacy issues are fascinating, timely, and varied, so I feel like I’ve landed in the New World and have an entire continent to explore. What do you wish more people and business knew about privacy? I wish more people and businesses would recognize the importance of thinking about what privacy is. Policymakers, judges, and businesses all have an implicit conception of privacy, but often these are too narrow or incomplete. “All decisions regarding privacy depend upon a conception of privacy. If the conception of privacy is poor or incomplete, the decisions will be bad.” ==================================================================================================== URL: https://trustarc.com/resource/meet-jules-polonetsky-privacy-ecosystem/ TITLE: Meet Jules Polonetsky, Future of Privacy Forum | TrustArc TYPE: resource --- Jules Polonetsky – Leading player in the privacy ecosystem What is your organization’s role in the privacy ecosystem? Future of Privacy Forum (FPF) Co-Chair, Jules Polonetsky explains it’s mission is to advance responsible data practices. FPF is supported by the privacy leaders of more than 100 companies and a number of leading foundations. FPF focuses on new technologies or new data uses that benefit consumers and society. We seek to support the development of new technology by addressing privacy risks and concerns. We do this by publishing law review articles, writing white papers, developing best practices or codes of conduct, or by convening industry, advocates and policymakers to think through challenging issues. What key goals/issues is your organization focused on tackling? FPF is working on a range of big data and internet of things related issues, including benefit/risk analysis, sensitive data, de-identification and data use for good. We have published or helped develop best practices or codes for ad tech, student data, location data, beacons, connected cars, and wearables. In each of these areas, we seek to be a centrist privacy voice, supporting innovation but ready to take seriously the concerns of consumers, advocates and policymakers. How has your organization’s focus changed over the years to address evolving technologies or challenges? When FPF launched, our time was dominated by online advertising and marketing issues. Over the past 8 years, data and technology have permeated every sector of business and every segment of consumer life. The agenda today is about smart cars, smart cities, always on technologies, drones, facial recognition and more. But at the end of the day, the basic concepts are the same: who is tracking, why are they tracking, what controls exist to stop either collection or use? Looking ahead what are the most important data privacy issues/concerns you think need to be addressed by the industry and/or government legislation? The privacy debate is moving away from issues of notice and choice to concerns about fairness and discrimination and civil rights. Critics worry about product testing that can be considered “human subject research” and the debate is often about the It’s no surprise that the Future of Privacy Forum has a philosopher joining us to work on social media tracking and other issues. What is the biggest current threat to consumers? Will the ever-broadening uses of data for tracking and personalization lead to a world where individuals are empowered, smarter, better able to manage our lives and our needs? Or will personalization mean that others will be making decisions for us and about us? These ideas were once theoretical, but technologies in school, in the workplace, at home and in cars are all increasingly available to tailor, protect and customize. Ethical, tech-savvy, and empowered privacy professionals will need to play lead roles in shaping the right balance for individual control and automated decisions. How do you think the Privacy Ecosystem will/needs to evolve over the next 3-5 years to be fit for purpose? Practitioners need more tools and greater certainty in a number of areas. We need clear guidance for de-identification and personal information! “How can we manage data if the most central definition in privacy is so widely disputed?” And we need more robust best practices and standards development system, where companies can have visibility into the reasonable practices that are emerging for new uses of data. Tell us about your role at Future of Privacy Forum. My co-chairman Chris Wolf and I launched FPF nearly 8 years ago with a mission of creating a centrist organization that brought together Chief Privacy Officers, academics and advocates to address data issues. On a typical day, I will brief a reporter, recruit a new member, work with a group of companies to negotiate a best practice document, speak on a panel, explain a new technology to Hill staff or advocates, and provide feed on a new product launch. It’s pretty busy! How did you start working in the privacy field and why do you enjoy it? I was a congressional staffer, a New York State Assemblyman and the Consumer Affairs Commissioner for New York City and loved speaking up for consumers. When DoubleClick (now part of Google) merged with a data company and kicked off a firestorm of privacy concern, I joined the company to help address the uproar and to set industry guidelines. One of the local newspapers mocked my new title, , sure it was a goofy dot com title that would soon disappear. That led to a CPO role at AOL and then FPF. I love being able to influence the development of new products, educate policymakers and work on ways data can improve the world in ways both large and small. What do you wish more people and business knew about privacy? I wish more consumers and more policymakers understood how critical data is to providing services, improving products and advancing important research . I wish more understood how data can be used to expose and combat discrimination But, I also wish that more businesses understood that privacy is about more than notice and choice and more than taking care to “not be creepy”. I wish that more executives appreciated that privacy is about fairness, respect, and ethics. ==================================================================================================== URL: https://trustarc.com/resource/celebrating-privacy-freedoms/ TITLE: Celebrating Privacy as One of Our Freedoms | TrustArc TYPE: resource --- Where does privacy fit into our concepts of freedom, independence, and democracy? Under what circumstances have our right to privacy – our “freedom from unauthorized intrusion” – been violated? Most of us consider privacy an essential component of freedom. As we approach this 4 of July holiday in the United States, it’s worth celebrating privacy as one of our fundamental freedoms and contemplating how we can maintain personal privacy in the modern world. Many of us feel that privacy is a right – and it is delineated as such in the California State Constitution (although there is no express right to privacy in the U.S. Constitution). If we feel strongly about that right, what actions can we take to protect and maintain it? We can be patriotic and, at the same time, voice concerns about government surveillance in the name of national security and the prevention of terrorism. We can love and be proud of our country and still speak up against the creation of a surveillance state. We can respectfully disagree with Eric Schmidt’s famous quote on privacy: “If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.” It’s a delicate art and science to balance the societal and individual interests of privacy, security and freedom. If we value our privacy and wish to preserve one of our fundamental civilized rights we should remember: It’s OK to care about our privacy, even if we have nothing to hide. American opinions on security and privacy are divided and contradictory A recent NBC News Online Survey conducted during June 3–5, 2015 suggests our opinions on security and privacy are divided and in some ways contradictory. “While 38 percent of Americans say the government’s surveillance program has gone too far in infringing on people’s privacy, 35 percent say the government’s program has been relatively balanced between privacy concerns and fighting terrorism. Another one in four Americans say the U.S. surveillance program has been too restrained in its efforts to combat terrorists.” Privacy concerns remain an issue for both the government and the private sector. “A slim majority of Americans – 53 percent – say they trust neither government agencies nor businesses like cellular telephone companies and internet providers to keep records of their phone calls or internet activity secure. Slightly more trust private business over government agencies – 21 percent to 11 percent, while another 14 percent trust both equally.” Consumer concerns of government and business are rising The TrustArc 2015 US Consumer Confidence Survey similarly found that consumer concern of the government and business is rising with 27 % reporting government surveillance as a top concern. Consumer trust remains low – 45% of respondents in the TrustArc Survey felt that privacy was more important than national security. One of the ways reported to increase trust was enhanced transparency and choice: 22% noted a way to lower concern was for governments to be more transparent about how they are collecting and using data. If we must trust the efforts of the government to provide us with national security, but possess significant reservations about the trustworthiness of both government and private industry to protect our information, it’s clear that we have an important role to play in the protection of our privacy. Fortunately, we still live in a society that allows for intellectual debate and where we can influence our institutions to acknowledge our collective voice. FISA rules that NSA may resume bulk collection of American’s communications data. When we’re aware of privacy infringements, we have the power to protect our rights. Consider the case of the NSA’s telephone metadata collection program which was ruled illegal under the Patriot Act this May A three-judge panel ruled there was no evidence Congress intended for the “bulk collection of every American’s toll-billing or educational records and to aggregate them into a database.” Judge Gerard E. Lynch of the Second Circuit Court of Appeals said the government’s rationale could be used for many different types of records and that “the interpretation that the government asks us to adopt defies any limiting principle.” Indeed, it was this impossibly broad interpretation which made so many Americans uncomfortable with the program. The idea that the government could aggregate and have at its disposal such a large and powerful dataset ran afoul of commonly held beliefs about liberty and privacy in the U.S. As this follow-up article in CNN reports “Such expansive development of government repositories of formerly private records would be an unprecedented contraction of the privacy expectations of all Americans,” The court said that if that were required by national security, at the very least, such a “momentous decision” would be preceded by “substantial debate” and expressed in “unmistakable language.” However, it appears that the continued bulk collection of citizens’ data is allowed – at least temporarily. After 180 days, the NSA will have to end the surveillance according to the USA Freedom Act. The United States Foreign Intelligence Surveillance (FISA) Court rejected the promising court decision from the Second Circuit where NSA data collection was found to be illegal. Judge Michael W. Mosman of the FISA court wrote: “Second Circuit rulings are not binding on the FISC and this court respectfully disagrees with that court’s analysis, especially in view of the intervening enactment of the USA Freedom Act,” It may run contrary to a post-9/11 mindset which implicitly values security over privacy, but transparency and public debate are an essential part of protecting a democracy. The Second Circuit court’s decision regarding the NSA program was a step in the right direction – and the FISA court’s decision is a disappointment. Reflect on your privacy rights this Independence Day Consider integrating these habits as part of your privacy practice: Be grateful for the freedoms we enjoy. A gratefulness practice includes appreciating our freedoms in our thoughts, words and actions. We can respect our government, be thankful for the freedoms we enjoy, and take steps to ensure such freedoms are valued and protected. This includes the freedom from unreasonable surveillance. Express your independence. Don’t be afraid to question our government. Remind yourself to continue to inquire about the intent, scope and oversight of surveillance programs. Take responsibility by challenging instances where you feel our government has not struck the right balance between privacy, security and freedom. Speak up and take action in support of your beliefs. Consider using the technology and practices suggested by the Electronic Frontier Foundation’s “ Surveillance Self-Defense ” website. It contains “tips, tools, and how-tos for safer online communications.” perspective on encryption and surveillance of privacy advocate Phil Zimmerman (co-founder of the global encrypted communications firm, This Independence Day celebrate privacy as one of your personal freedoms. ==================================================================================================== URL: https://trustarc.com/resource/understanding-standard-contractual-clauses-sccs-a-guide-for-businesses/ TITLE: Understanding Standard Contractual Clauses (SCCs): A Guide for Businesses | TrustArc TYPE: resource --- Although the transfer of personal information cross-border has become increasingly common; the rise in the enactment of data protection laws has seen many countries impose restrictions on transferring data outside their jurisdictions. Navigating the legal requirements for data transfer is essential to ensure compliance with applicable laws, protect individuals’ personal information, and respect their privacy rights. One important tool that can facilitate the lawful transfer of data is the use of Standard Contractual Clauses (SCCs). What are Standard Contractual Clauses? Standard Contractual Clauses are standardized legal provisions that provide a framework for transferring personal data outside of a jurisdiction. describes them as “standardized and pre-approved model data protection clauses that allow controllers and processors to comply with their obligations.” Essentially, SCCs establish clear obligations for both the transferring and receiving parties. It sets out the terms for the data transfer and processing, for example, the governing laws, the rights of data subjects, termination, and liability. The list of countries that allow for the use of SCCs is steadily increasing. Currently, SCCs are a viable mechanism for transferring data in jurisdictions such as the . Additionally, some regional organizations, such as the Association of Southeast Asian Nations (ASEAN) and the Ibero-American Data Protection Network, provide model contractual clauses for their members. This growing acceptance reflects a global shift towards standardized data protection measures. Why use Standard Contractual Clauses? SCCs provide a pre-established legal framework, making it easy for organizations to implement them and ensure compliance with data protection laws. No prior authorization required Utilizing SCCs does not require prior approval from Data Protection Authorities, which can help simplify the process of transferring data. Many jurisdictions allow the inclusion of clauses that provide additional data protection safeguards. This flexibility enables businesses to customize their agreements to meet specific contractual needs while still adhering to the standardized provisions. Implementing SCCs can be more economical than negotiating individual legal agreements for each data transfer, helping organizations manage their costs effectively. SCCs ensure consistent data protection across countries, maintaining a uniform standard of security for an individual’s data everywhere. Common requirements in Standard Contractual Clauses SCCs require that data importers only process received data for the specified purposes outlined in the agreement. Organizations must clearly define the intended use of the data and ensure that it is not used for any other additional purposes. SCCs stipulate that data transfers must be limited to the minimum amount necessary to fulfill the specified purpose thereby minimizing the risk of unnecessary data exposure. Under SCCs, data subjects are granted rights in relation to their personal data. While the specific rights may vary slightly depending on jurisdiction, they typically include: The right to access their data to know what information is held about them. The right to be informed about how their data is being processed and for what purposes. The right to restrict or limit the processing of their data under certain circumstances. The right to correct inaccurate data or to update incomplete data. The right to request the deletion of their personal data. The right to object to the processing of their data for marketing purposes. Transfer risk assessments/impact assessments When using SCCs for cross-border data transfers, organizations must conduct transfer risk assessments to identify and evaluate the risks involved in transferring personal data outside a jurisdiction.These assessments are to take into account the specific circumstances of the transfer e.g. the categories and format of the data, the type of recipient, and the relevant laws and practices. SCCs usually require that organizations pause processing if there is a breach of contract or inadequate safeguards. Processing can recommence if additional safeguards are put in place or if the breach is remedied. Providing data subjects with a copy of the SCC Data subjects have the right to request and obtain a copy of the SCCs, and organizations are required to comply with these requests. Some key differences in Standard Contractual Clauses and Saudi Arabia, take a modular approach to SCCs, having separated the requirements for controller-to-controller transfers, controller-to-processor transfers, processor-to-controller transfers, and processor-to-processor transfers, while others take a one-size-fits-all approach. Who can rely on the SCCs? Unlike other jurisdictions where there are no restrictions on the businesses that can use SCCs, China only permits personal information processors who meet the following criteria to rely on Standard Contractual Clauses: if they are a non-critical information infrastructure operators; if processing personal information of less than 1 million people, the cumulative number of personal information provided to overseas parties since January 1 of the previous year is less than 100,000; and the cumulative number of sensitive personal information provided to overseas parties since January 1 of the previous year is less than 10,000. China requires that personal data processors must register with the local cybersecurity department within 10 days of the effective date of the standard contract, and submit the standard contract and personal information impact assessment for filing. Although signatures are typically required to execute SCCs, the UK Addendum to the EU Standard Contractual Clauses allows for the option of not including signatures when executing the agreement. This is because the UK Addendum can be executed through any other legal binding means. Challenges of relying on SCCs As with any regulatory framework, Standard Contractual Clauses are subject to updates and revisions. Organizations using SCCs as their transfer mechanisms must ensure that the contracts reflect the latest requirements. This is particularly challenging especially for huge organizations with lots of legacy contracts as updating these agreements requires careful review with all parties involved. Transfer impact assessments (TIAs) Organizations that export personal data are required to conduct a comprehensive Transfer Risk/Impact Assessment before executing any SCCs. This assessment evaluates the safeguards in place in the country where the data will be processed, ensuring that they provide a level of protection that is at least comparable to that of the transferring country. Complying with this can be time-consuming and may require additional resources and expertise. Standard Contractual Clauses and other transfer mechanisms Many organizations utilize multiple data transfer mechanisms depending on their business needs. SCCs may be used alongside them for a more robust approach. Binding Corporate Rules (BCRs) Binding Corporate Rules (BCRs) provide a framework for organizations operating in multiple jurisdictions to transfer personal data within their corporate groups. In the EU, BCRs must be approved by the relevant data protection authority, and the approval process is estimated to take, on average, Due to their narrow application, organizations relying on BCRs will also need an alternative mechanism for data transfers, either before their BCRs are approved or for transfers outside their corporate groups. SCCs can help fill these gaps. Organizations may transfer personal data from their home country to a third country if the relevant data protection authority has determined that the third country has adequate data protection measures. However, adequacy decisions are subject to review and are revocable. For example, the EU invalidated the US Privacy Shield in 2020, leaving organizations with uncertainty about EU-US data transfers. (The EU is also currently reviewing the UK’s adequacy decision , which expires in June 2025, to determine whether it should be extended.) While the loss of adequacy is not common, SCCs can be used as a supplemental measure if it occurs. Data transfer derogations Most data protection laws provide for scenarios where organizations can transfer personal data without relying on a transfer mechanism. For example, if it is necessary to protect an individual’s vital interest. SCCs can be used where these scenarios do not apply. Leveraging SCCs alongside certifications is a useful approach to international data transfers. This strategy not only ensures compliance with legal and regulatory standards but also allows organizations to demonstrate their commitment to protecting data and maintaining ongoing compliance. Certifications can also be a viable, cost-effective alternative to SCCs. Organizations that participate in the APEC Cross-Border Privacy Rules (CBPR) System and APEC Privacy Recognition for Processors (PRP) System or self-certify under the EU-US Data Privacy Framework (DPF) can build on the work they have already done under these frameworks to demonstrate compliance with data protection requirements. The Global CBPR Forum is also expected to be operational next year, providing an additional certification mechanism. Participation in these frameworks can help cover a wide range of data transfer obligations in Europe, the APAC region, and internationally. Managing International Data Transfers This comprehensive guide will walk you through the regulatory landscape, key concepts, and practical steps to manage international data transfers effectively. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-ceo-chris-babel/ TITLE: Meet TrustArc CEO Chris Babel | TrustArc TYPE: resource --- TrustArc CEO Chris Babel joined the company in December 2009 As CEO, Chris is responsible for setting the company’s strategy, vision, and direction. This encompasses everything from what markets to enter, what products to deliver to help our customers succeed, and how to differentiate TrustArc. Chris believes that critical to succeeding is TrustArc’s culture and team. “The best strategy in the world still loses without great execution from people who understand the company’s direction and are passionate about our shared success.” Daily, this can vary dramatically from meeting externally with customers or prospects to improve our market knowledge or internally hosting our monthly “Beer with Babel” meeting where employees can directly or anonymously submit any question they have about the company and our direction. TrustArc’s changes over time When Chris started at TrustArc, the company’s name was TRUSTe and we had just transitioned from a non-profit organization with 60 employees to start building our technology platform. Today, we have between two and three hundred employees with more people in product and engineering than we had in the whole company ten years ago. Managing the transition to a full-fledged technology company and transitioning the culture with the market concerns around privacy exploding has been a massive change to TrustArc and an exciting challenge. The top privacy challenges for companies Simply keeping up with privacy best practices and current regulations is a challenge for most companies. Designing privacy into products and processes and ensuring compliance with the varying regulations in every country in which they operate is even harder. Scaling good privacy practices and technology to competitively differentiate, , and enhance brand reputation, loyalty, and growth is the ultimate challenge. What does Chris like most about working at TrustArc? The people, then the people, and finally the people! “At a small company you spend more time at work than you do with your family or friends so you had better enjoy your co-workers, customers and business partners.” What is TrustArc CEO Chris Babel up to when he’s not working? With three boys only a bit over three years apart, fun non-work time is devoured by kid’s activities. Skiing, soccer, tennis, swimming and water polo teams for the kids dominate time out of the office. But he does manage to sneak some personal time for early morning trail runs and kite surfing. ==================================================================================================== URL: https://trustarc.com/resource/parents-concerned-kids-privacy/ TITLE: Parents Concerned About Kids’ Privacy But Still Post Pictures and Help Kids Register for Websites | TrustArc TYPE: resource --- Survey reveals contradictory responses and actions related to kids’ privacy Our latest survey of U.S. and British parents of pre-teen children uncovered some contradictory responses and actions related to their children’s online privacy. According to this survey, parents say they’re concerned about their children’s online privacy. Yet, the majority of parents post pictures of their kids on social media websites. 66% of British parents and 69% of American parents surveyed said they post pictures of their children online. And nearly a quarter of both American and British parents say they have helped their child set up an account on a website that requires that children be older than 13. Conversely, both British and American parents said they are concerned about their child’s privacy online (54 and 58 percent, respectively). One-quarter of U.S. parents (24 percent) and British parents (25 percent) said they do not allow their children under 13 to use the Internet due to concerns about their child’s online privacy. Fears of child exposure to inappropriate content online Of these parents, American parents’ top concerns are that their child would be exposed to content online that is not appropriate (57%), followed by concern that their child would share personal information online (44%) or that their child might share personal information they would later regret (43%), or meet people online (42%). British parents cited similar concerns but were more concerned about advertisers collecting information from their children. The top concern for these parents is that their child would be exposed to content online that is not appropriate (68%), followed by concern that their child would meet people online (52%), share personal information online (49%), or that companies will collect their online behavior for marketing purposes (48%). However, 82% of American parents and 80% of British parents said they believe it is their primary responsibility as parents or legal guardians to protect their child’s personal information on the Internet. Considering parents share pictures of their children online and help them register for social media websites, these survey results show that parents’ actions aren’t always consistent with their views on their children’s online privacy. Websites that collect information from children under the age of 13 are required to comply with the Federal Trade Commission’s (FTC) Children’s Online Privacy Protection Act (COPPA) . Primarily, this rule requires the request of parental consent for the collection or use of any personal information of website users under the age of 13. In the EU, the proposed EU Data Protection Regulation could impact the methods companies use to collect a child’s personal information online. Updates to the regulations are expected to include revised sections on defining a child online and obtaining parental consent. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-cfo-tim-sullivan/ TITLE: Meet TrustArc CFO Tim Sullivan | TrustArc TYPE: resource --- TrustArc CFO Tim Sullivan shares the finances behind data privacy Tim has managed TrustArc’s Finance, HR, IT, Compliance, Legal and Policy teams since 2010. He has a unique view that helps other Chief Financial Officers and businesses understand the financial needs surrounding data privacy requirements. Getting data privacy wrong can have serious financial impacts Getting data privacy right is critical to a company’s brand and finances . Just one enforcement action against a company for a privacy violation can cost 20x or more compared to implementing a privacy solution that could have prevented such a violation. Are companies investing enough in data privacy? “No, companies are not investing enough in data privacy. The problem today is that the efficiency of a dollar spent on data privacy is low. Consultants are expensive, and their work has a very short shelf life.” Therefore, budgets are constantly under pressure, and other more immediate and productive projects from legal, security, or general IT pull budget dollars away from privacy. TrustArc’s new automated solutions make budget dollars spent on privacy significantly more productive and extensible. For one organization it reduced time to compliance from 8 weeks to just 3 weeks Saving employee time and costs to the business. The surprising thing about data privacy Most people would be surprised to know how complicated the management of a company’s data is. Tim deals with corporate and HR data every day, and monitors TrustArc’s data security practices via the IT team. It is crystal clear to me just how difficult a task it is to control internal data flows and ensure ongoing compliance with internal and external requirements. TrustArc is the first company to offer automated ways to help privacy professionals get a handle on the vast amount of data. What does Tim like most about working at TrustArc? “the people at TRUSTe are great. We’ve built a fantastic team that is tackling a huge market opportunity and that makes it exciting to work here.” The evolution of the data privacy market is following the same pattern established by the data security market 15 years ago — which means the data privacy market is about to explode from about $1 billion today to four-to-five times that in the next five years. What does Tim do for fun when he’s not working? I enjoy do-it-yourself projects around my house, working on my car restoration project, playing water polo, lounging poolside in my backyard and watching my kids swim. ==================================================================================================== URL: https://trustarc.com/resource/privacy-engineering-competitive-advantage/ TITLE: Using Privacy Engineering To Make Your Company More ‘Likeable’ | TrustArc TYPE: resource --- Privacy engineering as a competitive advantage At this year’s SXSW, Deepti Rohatgi, head of policy at Lookout, a cybersecurity company, encouraged developers to think about . Lookout, which offers an open-source privacy policy generator, believes in the measurable impact of privacy engineering. Lookout recommended A/B testing of thoughtfully designed privacy policies and features and encouraged the use of privacy engineering to increase customer trust and a company’s overall “likeability.” Should this idea be revolutionary? Perhaps not, but it’s a departure from how many developers and tech executives regard privacy practices. The era of “bolt-on” and stop-gap privacy patching is coming to an end. The stakes are high as users are growing increasingly aware of privacy issues. What is privacy engineering and why does it matter? Privacy Engineering is a method for implementing Privacy by Design principles using engineering methods. It’s been said that privacy engineering provides the “how” – a methodology for the inclusion and implementation of privacy requirements as an integral part of systems engineering. The drive for innovation often overlooks privacy. Privacy engineering can bridge the gap, shedding light on where the crucial concepts of PbD and innovation must be reconciled. Privacy engineering is not only an insurance policy against costly lapses in privacy compliance—it also helps companies build more robust products users can trust. The Privacy Revolt: The Growing Demand for Privacy-as-a-Service , should help underscore the point: Privacy engineering is not a competitive advantage for the distant future. The future is right now in terms of customer demand. “No matter what market you’re in, no matter what service you provide or product you sell… from right now until the end of time, you’re in the privacy game. Welcome.” How do you implement privacy engineering? Though it depends on the maturity and structure of each organization, engineers and legal teams must work together to incorporate effective PbD principles into the development and product review cycle. This involves keeping policy and implementation in alignment and planning for ongoing compliance beyond the initial launch. Privacy Impact Assessment (PIA) , which defines the objectives of the system in terms of privacy risk analysis. This Privacy Engineering Whitepaper from the Information and Privacy Commissioner of Ontario includes a discussion of the core steps of a PIA. It also discusses the concepts of data minimization, obfuscation, abstraction, aggregation, and integration of user controls. These design strategies are the “how” and point developers to tangible requirements they can incorporate into the design and development of products. Marketing teams also need visibility into privacy engineering implementation and can perform a valuable role in understanding attitudes about privacy. A recent article in Marketing Land, Marketers’ Balancing Act Between Value And Privacy provides a compelling view of the need for technology that is privacy-conscious by default and explains how privacy is a complex, personal issue for users. Where do you find privacy engineers? You’re not the only one with that question. The White House has also been on the hunt for privacy-minded , and they’ve found them in the private sector. Demand for privacy engineers will continue to rise. As Ann Cavoukian, former Privacy Commissioner in Ontario, Canada, has said: “To embed privacy by design into all things involving information technology, we will need to have privacy engineers, of which there are currently very few.” Fortunately, institutions are working to expand the profession, including Carnegie Mellon’s Master of Science in Information Technology-Privacy Engineering The MSIT-PE degree is a one-year program designed for computer scientists and engineers who wish to pursue careers as privacy engineers or technical privacy managers. A detailed list of privacy engineering skills can be found on the Carnegie Mellon website and is aligned closely with PbD principles for privacy engineers Privacy engineers are privacy champions! We thank you for your great work! ==================================================================================================== URL: https://trustarc.com/resource/edtech-threat-to-student-privacy/ TITLE: EdTech – A Threat to Student Privacy? | TrustArc TYPE: resource --- EdTech and student privacy collide It would be difficult to overstate the benefits that properly implemented education technology (EdTech) can bring to learning. In the classroom, EdTech holds the potential to improve teacher efficiency and effectiveness – to make learning more engaging for students by letting teachers adapt course content and pace to the needs of the individual student. Out of the classroom, EdTech can bring education to tens of millions who would otherwise have no access to structured educational content or simply extend student engagement and learning beyond classroom hours. EdTech is already well entrenched in the classroom, so it should come as no surprise that many teachers now consider EdTech indispensable. But EdTech does have its “dirty little secret,” and this secret relates to student privacy. Although there are EdTech apps and cloud services that ensure students’ personal information and educational records are properly secured, there are also many that do not. “How can this be?” you might ask. Certainly, there are laws to ensure that this student data is protected. Well, yes, there are federal laws designed to protect student data: the Family Education and Privacy Act (FERPA), and the Protection of Pupil Rights Amendment (PPRA). In addition, the Children’s Online Protection Act (COPPA) — although not targeting students specifically, does offer protection for a sub-set of students — children under age 13. The question is: How effective are these laws? Due to their complexity, an in-depth analysis of these laws is beyond the scope of this post. Rather, I focus on one characteristic of these laws contributing to this student privacy exposure – t he disconnect between control and responsibility . By this, I mean that the entity having control over how student data is used is, more often than not, not the entity legally responsible for ensuring that this data is used appropriately. The disconnect between control of student data and responsibility Take FERPA, for example. FERPA applies to the sharing of educational records by educational institutions with third-party service providers. FERPA applies to educational institutions, which are the recipients of federal funds administered under the Department of Education. The sole recourse for failure to comply is that this federal funding can be withheld. What this means is that it is the educational institutions that shoulder the full weight of liability under FERPA, in spite of the fact that they often lack real control over how student data is used. In theory, the educational institution retains this “control” through a contractual agreement with the service provider, which binds the service provider to the FERPA student data usage restrictions. Unfortunately, in reality, the presence of this contractual control is the exception, not the rule. of the Fordham Law School study Privacy and Cloud Computing in Schools “Districts frequently surrender control of student information when using cloud services: fewer than 25% of the agreements specify the purpose for disclosures of student information.” Absent this contractual control, there is no legal recourse whatsoever (under FERPA) against a third-party vendor responsible for using student data for purposes not allowed under FERPA. It is interesting to note that in the 40 years since FERPA took effect, no institution has ever been denied federal funds for failure to comply. The reason for this is that educational institutions would be profoundly harmed if federal funds were to be withheld. The simple truth is that these educational institutions may be unaware that student data is being used or shared inappropriately. The third party service challenge To understand how this happens, consider the challenge faced by teachers, schools, and school districts using these third party services. With few exceptions, the schools lack the resources necessary to vet the terms of service (TOS) agreements of these EdTech services. Nor do they have the legal resources necessary to modify these TOS to ensure compliance with FERPA, assuming the service provider would even agree such modifications. The schools lack the resources necessary to ensure FERPA compliance effectively. With COPPA the roles are reversed — under COPPA, the statutory obligations fall primarily to the EdTech service provider, not the educational institution. COPPA applies if an EdTech service collects personal information from users under age 13 and requires that parental consent be obtained prior to the collection of this personal information. COPPA provides a “school exception” to this parental consent requirement where the schools “may act as the parent’s agent and can consent to the collection of kids’ information on the parent’s behalf.” However, this limited to use within an educational context – “where an operator collects personal information from students for the use and benefit of the school, and for no other commercial purpose.” Problems can and do occur when schools mistakenly assume this “loco parentis” authority applies to all applications used in the classroom, including those with data usage practices that extend beyond the educational context. Unless the EdTech service or application meets the fairly narrowly defined school exception, the service provider is still required to obtain consent from the parent (not the school) before collecting personal information from a pre-teen student. However, this parental consent is seldom obtained in compliance with COPPA. From the Fordham Law School study: “An overwhelming majority of cloud service contracts do not address parental notice, consent, or access to student information.“ If these laws are to be effective, the party legally responsible for ensuring the privacy of student data must have the means of control over how this data is used. Absent this control, the privacy of student data will remain at risk. ==================================================================================================== URL: https://trustarc.com/resource/opt-out-awareness-smartphone-tracking/ TITLE: How Increasing Opt-Out Awareness of Smartphone Tracking Can Boost Trust | TrustArc TYPE: resource --- Smartphone users wary: 68% concerned about tracking for targeted ads Smartphone users don’t like the idea of being served targeted ads on their smartphones – at least for now. New survey results from Ipsos on behalf of TRUSTe show that 68% of US smartphone users are concerned about the possibility of tracking their activity to serve targeted ads. AdChoices awareness rising: 37% informed, impacts consumer trust Study after study has shown that smart device users, as well as the majority of people connected to the Internet in some way, don’t like being tracked without their knowledge or consent and have concerns about privacy. But this could change in the near future. This survey also showed that an increasing number of people are aware of the , which is part of the Digital Advertising Alliance (DAA) Self-Regulatory Program for Online Behavioral Advertising (OBA). Now, 37% of people are aware of this icon – a notable increase from 21% in the previous year. User control matters: 33% more positive with AdChoices opt-out As more consumers become aware of the AdChoices icon and realize that ads with this symbol let them opt out of tracking, consumer trust in ads may increase. This also underscores the importance for advertisers to be transparent and allow user control and consent when sharing information. The survey also showed that one in three (33%) said the information available on AdChoices and the OBA opt-out option would make them feel more positive about the concept of targeted ads. TRUSTed Ads empowers users: Opt-out for enhanced control gives consumers more control over their online ad experience by allowing them to opt-out of targeted ads via the DAA AdChoices icon. ==================================================================================================== URL: https://trustarc.com/resource/chilean-government-stronger-privacy-provisions/ TITLE: Chilean Government Moving Toward Stronger Privacy Provisions | TrustArc TYPE: resource --- Chile’s new data privacy Bill suggests creating a Data Protection Authority The Chilean government has drafted a new data privacy bill that will create a Data Protection Authority with regulatory and sanction powers, ban international transfers to destinations that do not have “adequate” protections, and impose higher fines for privacy violations. The maximum fine is about €3,000 or $3,475 currently, and has never been imposed. The purpose of this new proposed law is to address enforcement gaps that have been a source of criticism of Chile’s current law (which is based on Spain’s data protection framework). Another key condition of the proposed law is that it will require companies to register databases containing personal information, which isn’t required under the country’s current data protection law. Also, under the proposed law, individuals will be allowed to request the removal of their personal information from a database if the information is being used for purposes other than for the purpose it was originally provided. Chilean government looks to Latin American countries for data privacy Bill guidance Chile does not currently have a government agency to oversee compliance with its 1999 Data Protection Law, which was updated in 2002. This law “regulates the processing of personal information of natural persons by both the public and private sectors,” according to a 2014 Privacy and Security Law Report from The Bureau of National Affairs, Inc. “The Chilean Law also contains the usual set of obligations found in most comprehensive privacy laws: notice, consent, access and correction rights, collection and use limitations, security, data retention, and data quality. There are no registration requirements and no restrictions on cross-border transfers. Unlike most privacy laws, the Chilean law does not establish a DPA to oversee enforcement of the law.” Paulina Silva of Carey y Cia, a law firm, at the CPDP privacy conference in Brussels on Jan. 21, explained, “The bill is not yet before the congress but there was a public consultation last July. As part of an open consultation about Chile’s new data privacy bill, experts looked at the data privacy practices of the EU and surrounding Latin American countries for guidance. Argentina, Uruguay, Costa Rica, Peru and Colombia all have data protection laws. If the proposed law passes, it will align Chile more closely to the EU approach, as well as these other Latin American countries. ==================================================================================================== URL: https://trustarc.com/resource/data-privacy-concern-consumers/ TITLE: Data Privacy: Major Concern for Consumers | TrustArc TYPE: resource --- Consumers consider data privacy to be a hot-button issue, according to responses from a recent survey. Despite increasing talk of regulation enforcement, best practices, and self-regulatory measures, many consumers consider data privacy a major concern. Personal data sharing a top concern The top concern is that companies will collect personal data and share that data with other companies (38 percent of Americans are concerned about this, compared to 48 percent of Brits). Coinciding with Data Privacy Day, we have released some interesting survey results. The TRUSTe 2015 Consumer Confidence Privacy Index sheds light on consumer attitudes toward data privacy. In two separate surveys, consumers shared their concerns about data privacy: 92% of Americans worry to some extent about their data privacy when using the Internet – the same percentage from our 2013 survey asking the same question. 92% of Brits also worry about online privacy, an increase from 89% in January 2014. The business impact from the lack of this trust is high: 89% of Brits say they avoid companies that do not protect their privacy, the same percentage as in January 2014 compared with 91% in January 2013 and 88% in January 2012. 45% of Americans and Brits say online privacy is more important than national security. ==================================================================================================== URL: https://trustarc.com/resource/private-messaging-apps/ TITLE: The Upsides and Downsides of Private Messaging Apps | TrustArc TYPE: resource --- Private messaging apps are quickly growing Have we reached the end of the “age of oversharing”? Private messaging apps are the fastest-growing category of apps, according to mobile analytics firm Flurry. Recent stats show downloads of private social messaging apps or share a few emojis to the distribution of self-destructing content to select audiences, the desire for greater control over privacy seems to drive the private messaging boom. The Guardian recently reviewed its picks for the . One omission from this list is , regarded as one of the most secure options. The allure of private messaging technology is undeniable. But there are upsides and downsides to these apps and tools. The upsides of private messaging apps We all have a nuanced understanding of our relationships with others and the contexts in which we communicate. In traditional social media, this has been limited by platforms that may lack adequate sharing options. Moreover, the business objectives of social media companies (increasing user base and driving user engagement) have a bias for public sharing and openness. Private messaging offers a range of benefits: Apps offer a way to curate content for a more intimate group of followers. Certain apps offer the ability to share anonymously. Apps can offer a degree of impermanence to what you share, meaning content may self-destruct once viewed or after a pre-determined period of time. Having a messaging option separate from your more public accounts can help prevent unintentional sharing. Most apps are convenient, free, and optimized for mobile use. Before you install the latest and greatest round of sharing apps, ask yourself: How can you be sure “ephemeral” apps delete what you share? As users of some apps have learned, shared content may still exist on devices. There are few guarantees that recipients won’t take screenshots which can then be distributed. Are anonymous apps truly anonymous? How much information are you asked to provide when you create an account? What non-personal information is collected by the app, and can that information be associated with your account? As this Danish Consumer Council’s experiment shows, we’d be shocked if our local bakery asked for as much information as the average mobile app. Many startups may not have robust cybersecurity processes, and even those with solid protocols may be subject to security glitches (as the revealed.) Are our messages encrypted? Is address book data stored on a user’s device or the app provider’s servers? What are the app’s policies regarding sharing, selling, or trading user data? Could the app expose you to cyberbullying or harassment? With anonymity or secrecy comes the potential for abuse. It can also be difficult to report users for inappropriate content. Recently the anonymous app was banned from the Apple store because of these concerns. There are plenty of resources to help you make informed decisions about private messaging apps: Appthority’s Reputation Report This report analyzes the behaviors of the top 400 mobile apps, including the top 100 free apps and 100 paid apps for both iOS and Android. It identifies apps’ risky behaviors and can help you understand the risks posed by those behaviors. PrivacyGrade provides detailed information about an app’s privacy-related behaviors. The ratings are summarized in the form of a grade ranging from A (most privacy sensitive) to D (least privacy sensitive). Currently it rates only Android apps. EFF’s Secure Messaging Scorecard : As part of a new EFF Campaign for Secure & Usable Crypto, this site offers a scorecard of certain apps and tools and their adoption of security best practices. Though intended primarily as a guide for parents curious about the apps their kids may be using, this site provides clear, concise guides to many private messaging apps. Private messaging apps can be a fun, useful way to engage, but as always, proceed cautiously. Pause before you post. Regardless of how private an app claims to be, continue to share mindfully. ==================================================================================================== URL: https://trustarc.com/resource/wearables-at-work-privacy-concern/ TITLE: 73% Open to Wearables at Work but Potential Privacy Issues Could Be a Concern | TrustArc TYPE: resource --- If you use wearables at home, it might be evident how these little tracking devices could be beneficial in the workplace. However, the potential for companies to collect this information without employee knowledge or consent raises the issue of transparency with regard to data collection. Whether monitoring our daily steps, using intelligent I.D. badges to access buildings and rooms, or wearing smart glasses to check email on the go (and much, much more!), a majority of workers (73%) are open to the idea of bringing wearables into the workplace released on Monday, October 27, from Kronos Incorporated conducted by Harris titled, “Wearables at Work.” Nearly 10,000 workers from Australia, China, France, Germany, India, Mexico, Great Britain, and the U.S. were surveyed about their thoughts on wearables at work. The majority agreed that these devices could increase efficiency, productivity, and safety. Although privacy was cited as a top concern of U.S. workers interviewed for the survey , less than half (44%) said they believe privacy could be an issue with wearables. According to a TRUSTe survey from this year, 22% of survey respondents “felt that the benefits of smart devices outweigh any privacy concerns.” However, the vast majority of people surveyed want to know what data is collected and how that data is collected. Sure, wearables could offer great value to an organization, increase efficiency, and streamline operations if used properly. However, these devices could provide employers with never-before-available information about employees – from their health to their daily tasks and places they access within the building. Would you use a wearable device for your job? ==================================================================================================== URL: https://trustarc.com/resource/social-media-experiments-invasion-privacy/ TITLE: Why Are Social Media Experiments Considered An Invasion of Privacy? | TrustArc TYPE: resource --- We all use it differently—which reflects the real world…we all socialize in different ways. But when news broke of social media experiments by popular channels, users were outraged. But why is our expectation of privacy so high on the very channels where we share the most? Facebook’s 2012 experiment tested nearly 700,000 users’ emotional responses to their news feeds to vet a theory on the transferability of mood. Facebook manipulated users’ news feeds to show them content that was either predominately negative or positive, analyzing users’ emotional responses by examining verbiage and frequency in their own status updates. Soon after, OKCupid admitted it had also experimented on users. To test users’ response to its match algorithm, OKCupid falsified its “match” data—pairs who were a low match (30%) were shown as a strong match (90%), and vice versa. It’s no secret that Americans are becoming increasingly concerned about online privacy. The TRUSTe Consumer Confidence Index 2014 showed that 90% of Americans are concerned about privacy in social media. Never has this been more evident than through the public’s to the Facebook experiment—84% of users said they had lost trust in Facebook, and 66% considered deleting their Facebook accounts because of the experiment. Users said the experiment was using them as “lab rats.” The responses show that users felt betrayed, that they felt used as pawns in psychological experiments drawn up to test the efficacy of the social media products themselves, that they had been lied to or given false information, and that the practices were unethical. The response revealed that users find this kind of experimentation unsettling and a serious breach of privacy. The fury over the experiments is interesting because social media apps revolve around users voluntarily sharing information online. Many would argue that, by its nature, a social media platform is one where users should have the weakest expectation of privacy. Moreover, advertising companies have been using psychological studies to improve the efficacy and relevance of advertising for generations. Lastly, the emotionally charged responses to the experiments do not typify what users say about privacy generally. What makes social media experiments different, and what is responsible for the outrage? A lot of discussion has centered on the lack of user consent and transparency, questioning whether the experiments were ethical. Sen. Mark Warner called for an FTC investigation, saying the experiment “invites questions about whether procedures should be in place for this type of research.” Several researchers, academics, lawyers, and media outlets have questioned whether the study complies with the APA’s ethical principles of psychological research. These are all valid questions. Notice and consent are pillars of privacy — but I think that examining the public’s response shows that the issue is deeper. The outcry in response to the experiments indicates that users have two unique expectations of social media: heightened expectations of privacy and higher levels of trust. These unique expectations can be drawn to the nature of social networks Social media is where we share personal details, thoughts, and images with people we know (or, in OKCupid’s case, would like to know). It’s where we go to catch up with friends and family. It’s where we share personal milestones. These are personal, sometimes intimate, details. Despite the semi-public nature of information on social media, users have a different, higher expectation of privacy when they are present. ==================================================================================================== URL: https://trustarc.com/resource/european-cookie-sweep-initiative-are-you-compliant/ TITLE: European Cookie Sweep Initiative: Are You Compliant? | TrustArc TYPE: resource --- In our data-driven world, it is vital that businesses know how to win and maintain consumer trust online. In the EU this can sometimes seem even more complicated because of the increasing complexity of privacy regulations and the different approaches to implementation across 28 Member States. With the introduction of the EU Cookie Directive and the proposed EU Data Protection Regulation, there have been concerted efforts by regulators to set common standards for data privacy across the EU. But as anyone doing business in the EU should be aware, there are still markedly different approaches to compliance and consumer attitudes across key EU markets. From 15-19 September 2014, EU Data Protection Authorities will review compliance with the in a new initiative named “European Cookies Sweep Day.” This coincides with an announcement from the French Data Protection Authority – CNIL – that they will start onsite and remote inspections to verify compliance with their latest cookie guidelines in October. Five practical privacy steps for EU Cookie Directive compliance Based on our comprehensive research and analysis, here are five practical privacy steps to make sure you are compliant and can win the trust of EU consumers: 1. Audit the tracking activity on your website. You’ve worked hard to bring engaged visitors to your website, but chances are you’re not the only one greeting them when they arrive. Most websites today have invisible third-party trackers that collect data about site visitors. In order to comply with the EU Cookie Directive and provide transparency and choice for customers, you must first have a thorough understanding of the trackers on your site TrustArc’s Website Monitoring Manager to provide a snapshot of cookie usage on the homepages of the top 50 websites in France, Germany, Great Britain, and the Netherlands. We found that French websites were dropping nearly twice as many third-party cookies (434) on their homepages as websites in the Netherlands (237). Do you know what’s happening on your site? 2. Check the exact compliance requirements of all the countries where you are doing business in the EU. Since 2009, EU Member States have passed their own Cookie Laws that implement the Cookie Directive. However, these Cookie Laws are not uniform, and they vary in the standard of consent required – reflecting the differences between each Member Countries’ data protection laws. This, in turn, has resulted in a confusing patchwork of compliance obligations. If your business is operating in more than one EU country then you need to ensure that you are compliant with the different requirements of each country. 3. Provide users with notice of the tracking on your site and a way to opt out of it on your site. It is not just a legal requirement under the EU Cookie Directive, our research has shown that EU consumers have high levels of privacy concerns, and 83% thought that companies should get their permission before tracking them online. The consequences of getting this wrong for businesses are significant, with 36% of French consumers choosing not to visit a company website due to privacy concerns and 34% of German consumers not using a smartphone app. Across four key European markets, 68% of consumers expected companies to comply with the Cookie Directive, and an average of 41% planned only to visit websites that did. make it simple to give notice and offer users a way to opt out of the tracking on your site. 4. Let your customers know how good your privacy practices are by displaying a privacy certification or seal. One of the most straightforward ways to win trust is to let your customers know how good your privacy practices are. Research in January this year found that due to increased privacy concerns, 78% of UK users are more likely to check websites and apps for a privacy certification or seal . In our EU research, 62% of French consumers, 57% of German and British consumers, and 49% of Dutch consumers trusted a website more if they saw a certification or seal. There are a number of different privacy seals available in the EU, but research has shown that TRUSTe is the #1 privacy brand in the UK, with 54% consumer awareness. Over 5,000 customers worldwide display the TRUSTe green “certified privacy” seal on their websites or apps – including businesses in the UK, France, and the Netherlands. 5. Ensure that any advertising on your site is compliant with the latest EDAA guidelines, and consumers can opt-out through the OBA icon. 2012 saw the launch of the European Interactive Digital Advertising Alliance (EDAA) . The EDAA is responsible for the licensing of an interactive OBA icon to identify ads on all websites that are delivered to internet users through online behavioral advertising (OBA) as part of the pan-European self-regulatory program. Consumers can access a preference manager directly from the interactive icon on the online ad allowing them to opt-out from OBA. Our 2013 advertising research showed that 76% of British consumers are aware of online behavioral advertising (OBA), and 47% do not like it. However, the research also showed that good privacy practices make a difference, and 40% of consumers were more favorable about advertisers if presented with the EDAA program. ==================================================================================================== URL: https://trustarc.com/resource/ftc-v-wyndham-what-does-it-mean-for-your-data-governance-programs/ TITLE: FTC v. Wyndham – What Does it Mean for Your Data Governance Programs? | TrustArc TYPE: resource --- The legal stuff: FTC v. Wyndham Since June 2012, Wyndham Hotels has been the focus of an , alleging that the company acted “unfairly” when it failed to provide “reasonable” measures to secure customer data (Wyndham had suffered three data breaches in two years). In response, Wyndham filed a motion to dismiss – challenging the FTC’s authority to even bring such an action under Section 5 of the FTC Act, which prohibits “unfair” and “deceptive” actions ( Covington & Burling has an excellent summary of the case so far Last week, Judge Salas (District of New Jersey) dismissed Wyndham’s motion and allowed the FTC’s case to proceed. Her decision was significant because it was the first time that a federal judge weighed in on the scope of the FTC’s unfairness authority under Section 5. For privacy watchers, this is an important case. Whether the FTC has the authority to regulate data security practices and what that standard should be, has also received its fair share of attention from the industry, prompting several amicus briefs (including from the US Chamber of Commerce et al.). One of the central questions, in this case, is what constitutes “reasonable” when it comes to data security standards. As both Wyndham and the Chamber point out, the FTC has not articulated what this standard should be (the FTC has stated it can’t articulate such guidance because industry standards constantly change in response to evolving threats and vulnerabilities). Wyndham’s argument in response is that the FTC’s lack of guidance is essentially a constitutional violation of due process – because there’s no “fair notice” of the prohibited conduct. Judge Salas rejected that particular argument from Wyndham, stating that there was enough guidance in recent FTC complaints and orders for companies to develop reasonable data security practices. However, her ruling was in the context of whether the case should proceed – the issue will still need to be litigated. And we may not get a comprehensive answer, or the answer to other important issues in this case, if Judge Salas is reversed on appeal, or if Wyndham settles. The FTC is leading data security practice enforcement The FTC has emerged as the leading enforcer of data security practices (don’t forget the 4th Circuit’s recent decision in , affirming the FTC’s Section 5 authority in cybersecurity cases, including holding defendants personally liable for unfair and deceptive practices). Plus, the lack of FTC guidance does not mean there aren’t industry defined best practices – including several embodied in TrustArc’s own program requirements – for implementing reasonable data security measures. These are best practices that you should already be included in your data governance programs. Six best practices for every company that considers customer personal data to be an asset 1. Make sure that your privacy disclosures reflect your actual practice. If you talk the talk, then you need to walk the walk. Make sure you are doing what you say – especially when it comes to promises you are making in your privacy statement about how you manage the information you collect, process, share, and retain. Look at the scope of your company’s privacy statement and how it is defined. Assess what the scope means and what aspects of your business it applies to. Take steps to verify that all your online properties (website, mobile app), products, services, business units, and parties covered under the defined scope comply with your privacy disclosures and statements. When a company fails to abide by its stated privacy disclosures, it can open itself to Section 5 liability. Just ask Goldenshores Technologies, maker of the popular “Brightest Flashlight” app, which failed to disclose that it was collecting and sharing consumer data – and now finds itself the subject of a 2. Be proactive and actively identify, monitor, and address vulnerabilities. Through proactive management and a plan of action to address vulnerabilities, steps can be taken to help prevent a data breach or escalate a solution. Part of having a plan in place in the event of a data breach is a swift plan of action – to quickly identify and remedy a problem to make sure the problem doesn’t happen again. One good resource to help you start creating such a plan is the 2014 Data Protection & Breach Readiness Guide , published by our friends at the Online Trust Alliance. And if you want to learn more about how not “patching” vulnerabilities can get you into Section 5 trouble, look at the FTC’s settlement with HTC over the lack of “reasonable” data security practices. 3. Understand your data flows. how data flows throughout your organization and with third parties, a data flow map can be developed. A data flow map should be the first step when conducting a privacy assessment, as it helps to identify where potential risks exist and where additional in-depth assessments are needed. 4. Put password management rules in place and reinforce them frequently. Review your password protocols and rules for customers, employees, and vendors who have access to your information systems. Assess what type of information is accessed and put protocols and policies in place to manage which information is available to users. Sensitive data will require stricter protocols – such as the use of stronger passwords e.g., rules for minimum password length and complexity (e.g., not allowing dictionary words and requiring the use of special characters). Passwords should have a set expiration period (e.g., six months) requiring users to update their password. It may also be worth looking at the guidance on passwords in the FTC’s guidance to consumers on keeping personal data secure. 5. Manage access to data. Plug the holes within your company’s system to restrict/manage vendor access to data and have processes in place to revoke vendor access when it is no longer required. Assess servers connecting to your network to verify those servers do not have commonly known default IDs that could leave systems vulnerable to unauthorized access. By reviewing your system, you will also learn how business units within your organization or vendors use customer data. Assess who has access to customer data, what information they have access to, and why they’re using it. Take steps, such as employing firewalls, to restrict access only to what is necessary for the business unit or vendor’s needs. 6. Encrypt sensitive data. Review how your organization classifies data it collects and retains, and assess whether data classified as sensitive data is transmitted and stored using encryption mechanisms. This also includes login credentials that customers, employees, and vendors may use to access collected information. This provides an extra layer of protection in the event of data breach where it is less likely sensitive data, such as financial information, including credit card numbers, will be compromised. The FTC recently addressed the importance of protecting data in transit in its consent decrees against Fandango and Credit Karma Companies – including those certified by TrustArc TRUSTe – are already using the steps outlined above to protect valuable customer data. For more information on how you can integrate similar best practices into your data governance programs, ==================================================================================================== URL: https://trustarc.com/resource/daa-releases-technical-guidelines-for-implementing-adchoices-icon-in-mobile/ TITLE: DAA Releases Technical Guidelines for Implementing AdChoices Icon in Mobile | TrustArc TYPE: resource --- DAA Releases Technical Guidelines for Implementing AdChoices Icon in Mobile This week, the Digital Advertising Alliance (DAA) DAA Ad Marker Guidelines for Mobile on how to comply with the enhanced notice requirements of the DAA Mobile Principles – The Application of Self-Regulatory Principles to the Mobile Environment . TrustArc played an active role in drafting the guidelines, working with other companies involved with the DAA Mobile Technical Working Group, and is attributed as an author. We shared insights from real-time experience from running the TrustArc implementation of the solution to our clients. The Ad Marker Guidelines provide guidance to app developers, mobile web publishers, and third party ad networks on how to implement the AdChoices icon (Ad Marker) in both the mobile application and web environments. Key highlights from the DAA AdChoices mobile icon guidelines include: Ad Marker (the DAA AdChoices icon) must include an invisible touchpad area of between 20×20 and 40×40 to enable consumers to easily press the icon, access the enhanced notice, and exercise a preference. Non-prescriptive corner default for the in-ad display of the Ad Marker. It is noted that companies will need to pay attention to any close event that is prescribed to be on the top right corner such as in a video ad. Guidance around close events can be found in the IAB In-Ad experience options providing companies multiple options around the consumer experience when the consumer interacts with the AdChoices icon that include: 1) Opening of an interstitial allowing the consumer the choice to return to the ad in the case of mistakenly pressing on the icon or accessing a preference mechanism; 2) Expansion of the icon to display full AdChoices text; or 3) Taking the consumer directly to a preference mechanism or instructions for device specific controls App Developer implementation guidance illustrating how the Ad Marker should be included in an app’s Settings menu. This first release of the guidelines is a big step towards ensuring consistency and standardization of the consumer experience when interacting with the AdChoices icon in both the desktop and mobile environments. At the same time, the guidelines address issues specific to the mobile environment to enable consumers to easily access and interact with the AdChoices icon and exercise their preference. Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/consumer-privacy-concerns-show-trust-is-vital-to-commercial-success/ TITLE: Consumer Privacy Concerns Show Trust is Vital to Business Success | TrustArc TYPE: resource --- New research from TrustArc shows ongoing concerns about privacy and its impact on businesses. The research findings in the U.S. and Great Britain both uncover that consumer privacy concerns remain extremely high, with 92% of U.S. internet users and 89% of British users worrying about their privacy online. Online shopping and banking, along with using social networks, top the list of both U.S. and British online privacy concerns 93% of U.S. and 88% of British internet users worry about their privacy when shopping online; 90% of U.S. and 86% of British internet users worry when banking online; and 90% of U.S. and 86% of British internet users worry about their privacy when using social networks. Despite the constant media coverage of U.S. government surveillance programs, such as the National Security Agency’s PRISM, only 38% of U.S. and 20% of British internet users cite this as a reason for their increased concern. The top two responses were concern about businesses sharing personal information with other companies and concern about companies tracking online behavior to provide targeted ads and content. The rise of consumer mistrust coupled with the potential negative impact on business reveals now more than ever, building consumer confidence and trust is of the utmost importance. Consumer trust continues to fall, with only 55% of internet users in the U.S. and 55% of those in Great Britain trusting companies with their personal information. 89% of internet users in the U.S. and Great Britain said they avoid doing business with companies where they have privacy concerns. 70% of U.S. internet users said they felt more confident that they knew how to manage their privacy than one year ago, compared to 66% of British users. However, this can cause consumers to take actions that negatively impact businesses. Increased privacy concerns mean consumers are less likely to click on online advertisements, avoid using apps they don’t believe protect their privacy, and are less likely to enable location tracking on smartphones. However, there are steps that businesses can take, as 3 out of 4 consumers are more likely to look for privacy certifications and seals to address their privacy concerns. ==================================================================================================== URL: https://trustarc.com/resource/make-data-privacy-security-your-new-years-resolution/ TITLE: Make Data Privacy & Security Your New Year’s Resolution | TrustArc TYPE: resource --- your company will become the target of a data breach; it’s just a matter of From small nonprofits to Fortune 500 tech-savvy organizations, data breaches and loss incidents are becoming an unfortunate rite of passage. More and more businesses have found themselves exposed and ill prepared to manage the fallout. In addition to the confusing (and conflicting) regulatory landscape, breaches can be quite expensive, with the average cost equaling against privacy and security threats are introduced with each passing year, cybercriminals outpace those innovations with new and more malicious tactics. As online trust is on the decline, 2014 needs to be the year of Data & Privacy Stewardship . This requires moving from minimal compliance to enhancing the protection of your company, your data, and your customers. In order to do so, consider the following New Year “data resolutions”: 1. Make sure your data practices are up to snuff Be it a corporate network, data center, laptop or mobile device, companies must protect their data no matter where it resides . The businesses that come into possession of nonpublic personal info should continually re-valuate their own data security programs. Make sure that your privacy policy statement reflects your current data collection and sharing practices, including the use of third-party advertisers, analytics and service providers. Review notification, collection, use and sharing practices; do this on a periodic basis and as new products, services and partnerships are developed. 2. Implement the leading best practices to protect your data and consumers The definition of “privacy” and the composition of Personally Identifiable Information (PII) continue to evolve. Applying last year’s rule may no longer be applicable. And as the dependency on outsourcing data becomes more popular, companies are increasingly sharing data that is highly confidential. While these outside parties must use this data to provide relevant services, both the business and outside party could face significant financial and reputational harm due to a data loss incident. 93 to 97% of all breaches could have been avoided if simple controls and security best practices were implemented. This is not only due to accidental physical loss, but also from an ever-increasing level of deceptive tactics. Based on the rising number of social engineering exploits and data snooping via unencrypted transmissions, make sure to implement best practices such as email authentication, SSL, password management, encryption and hardening of client devices. Ultimately, it is no longer optional to have adequate controls in place when implementing data and infrastructure practices. The businesses that focus on privacy, security, and brand protection holistically are the ones best equipped to protect their brand from a significant incident. 3. Ensure your response plan passes the test by regulators and consumers The “business shock” of a data breach will not only paralyze operations, but it will also damage relationships with regulators, partners, and consumers. Inaccurate reporting and inadequate security-privacy practices foster grave consequences. Without an incident response plan, the inevitable breach will harm a company’s brand, increase liability exposure and engender a negative impression on your company’s bottom line. A Data Incident Plan (DIP) is a playbook describing the breach fundamentals you can deploy at a moment’s notice. A good DIP will integrate your company’s collection, retention, and deletion policies. Organizations must be able to determine the nature of an incident quickly, immediately contain it, ensure that forensics evidence is not accidentally ruined, and subsequently notify regulators. The scope of an organization’s plan should include: validating employees’ access to that data, an inventory of system access and credentials, retaining forensic analysts and cyber insurance, and implementing data loss prevention technologies. The organization should also have an impact assessment regarding the loss of reputation, compliance, intellectual property, and business continuity. Once developed, communicate the DIP to all relevant parties to ensure an effective 24/7 incident response capability. A well-documented project plan is only as good as the training and readiness of the incident team. 4. Register for the OTA’s 2014 Data Privacy Day program Whether you are new to privacy and security or need to update your DIP, the regulatory landscape is rapidly changing. Be prepared by joining TrustArc at the Online Trust Alliance’s (OTA) Data Privacy Day Town Halls hosted in New York City, San Francisco and/or Seattle. Register by January 20 and save 20% (use the code TRUSTe20). year, these Town Hall programs are your opportunity to learn and network with leaders in data privacy, security, and breach readiness. Make privacy and protection part of your brand’s value while getting updated on the evolving regulatory landscape. Attend the morning’s networking breakfast and series of engaging panel discussions. Connect 1-1 with the FTC, Secret Service, FBI, State AGs, and others, discussing the latest in security, privacy, and data protection best practices. Attend the afternoon Breach Readiness Planning workshop to learn the fundamentals of response plans. From forensics to customer communications and working with law enforcement, these are the key steps that all businesses need to take when dealing with a data loss incident. Let’s make 2014 the year of Data & Privacy Stewardship. Wishing you a happy, healthy and secure new year! ==================================================================================================== URL: https://trustarc.com/resource/increasing-transparency-with-california-ab-370/ TITLE: Increasing Transparency with California AB 370 | TrustArc TYPE: resource --- In August 2013, both the California State Assembly and Senate unanimously passed , which is an amendment to . The bill amends the privacy policy disclosure requirements that companies need to disclose within their privacy policies: How they will respond to a Web browser signal such as Do Not Track (DNT) or other mechanism that provides consumers with the ability to exercise choice, or Whether third parties collect data through the website or online service. Who does California AB 370 apply to? AB 370 applies to companies that collect personally identifiable information (PII) about individual California consumers’ online activity over time and across third party websites or online services, or allow other parties to do this. The bill is currently awaiting the governor’s signature. If the governor does not veto it by October 13, 2013, AB 370 will become law on January 1, 2014. TRUSTe will update its program requirements later this year to reflect the requirements of the updated law. Companies need to ensure that the disclosure made around how they will respond to a DNT or other preference signal is accurate. Companies will also need to understand their practices from a couple of different angles: The role the company plays in relation to the data it collects. Is data being collected as a first party, meaning you have a direct relationship with the consumer, or as a third party? The role that you play will affect what you will need to disclose in your privacy policy. The purpose of collecting data or allowing third parties to collect data. The context in which the data is being collected will affect how you will respond to a DNT or other preference signal and what is disclosed in your privacy policy. When assessing your company’s obligations under AB 370, remember that under CalOPPA, personally identifiable information is a defined term that includes identifiers that permit an individual’s physical or online contact. In addition, remember that the California AG’s office has previously stated that CalOPPA, and thus the new AB 370, applies to mobile applications as well as traditional web sites. It is important to understand your company’s role, and the purposes for which you or third parties integrated into your website or online service collect data. This will help you make sure your privacy policy disclosures accurately reflect your practices. In the coming months TRUSTe will notify clients of the updates to its certification program requirements, and work together with our clients to help them comply. If you need help preparing to comply, a can help identify the third parties collecting data through your website. Contact your Account Executive to learn more how TrustArc can help. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-study-mobile-privacy-concern/ TITLE: TrustArc Study Reveals Mobile Privacy is #2 Concern for Smartphone Users | TrustArc TYPE: resource --- TrustArc study reveals smartphone users more concerned about mobile privacy than brand or screen size The smartphone and apps markets experienced explosive growth last year, to the extent that there are now more smartphones on the planet than people. 207 million were purchased worldwide in the final quarter of 2012 alone. The complexity of the current mobile ecosystem raises new consumer privacy concerns Mobile device users share information about their daily lives with many third parties – sometimes willingly, sometimes not. While regulators in the US and Europe have moved to keep up with these issues and address consumer concerns, the question remains: How much do users understand who can access their information and how those third parties use it? What personal information do consumers feel comfortable sharing, and how do they control their privacy? The answer to these questions – and many more – are revealed in the latest TrustArc 2013 Consumer Data Privacy Study: Mobile Edition, which offers a detailed insight into current consumer opinion, business implications, and market trends. Conducted by Harris Interactive among smartphone users in the US and UK between June 12 and June 19, 2013, the survey is part of an established research series by TrustArc. The findings provide a valuable barometer on current consumer perceptions and mobile privacy trends by examining issues such as data collection, geo-location tracking, mobile advertising, and privacy management responsibility. And, although the research findings in the US and UK were similar in many instances, they also reveal a number of significant differences of opinion Privacy is, and remains, a concern among smartphone users on both sides of the Atlantic. Despite the considerable investment in product and brand development made by mobile phone companies and app developers, smartphone users are more concerned about their privacy than the brand, camera, weight or screen size. For 22% of US and 20% of UK users privacy is their greatest concern when using mobile apps, second only to battery life, with 78% in the US and 76% in Great Britain refusing to download an app they don’t trust. Smartphone users in the US and the UK are equally concerned about privacy issues when banking online – in the US 63% worry frequently or always and in the UK the figure is 54%. Reluctance to share personal information The study reveals 43% of smartphone users in the US and 47% in the UK are not prepared to share any information about themselves with a company in exchange for a free or lower cost mobile app. Unlike in the US, where 38% (up from 31% in 2012) are willing to share at least some information, in the UK the trend is reversed with the figure at 35% (down from 40% in 2012). The number of US users prepared to share their age (44%), full name (31%), date of birth (19%), and web-surfing behavior (12%) have all increased. But the figures remain static, from last year, for those in the UK willing to reveal their age (38%), full name (34%) and date of birth (19%) and they express a decreasing willingness to share web-surfing behavior (9%). Interestingly, consumers in both countries are more protective of their contacts and photos than their home address, phone number or current location. Low awareness of mobile tracking When it comes to tracking, 31% of US smartphone users are not aware that tracking takes place on a mobile device with the figure rising dramatically across the pond with 46% unaware in the UK. Those in both countries do not like the idea of being tracked (69% in the US and 70% in the UK) which is considerably higher than on desktop where 52% in the US and 47% in the UK express concerns about online behavioral advertising. Smartphone users across both countries are actively involved in managing their mobile privacy concerns with 76% in the US and 69% in the UK stating they are ultimately responsible. In addition, 40% of US and 37% of UK smartphone users check for an app privacy policy which is read by 35% of US users, but only 27% of those in the UK. more smartphone users in the US (29%) check to see if an app has a trust mark or seal than in the UK (17%). With mobile privacy concerns running higher than ever, the business implications simply can’t be ignored. If a user won’t download an app or share location data mobile commerce, and technology innovation, feels the impact. It’s clear companies must address mobile privacy concerns by giving users what they want – more transparency and control over their privacy choices ==================================================================================================== URL: https://trustarc.com/resource/whats-next-for-the-ntia-mobile-app-transparency-code/ TITLE: What’s Next for the NTIA Mobile App Transparency Code? | TrustArc TYPE: resource --- The evolution of mobile app transparency: NTIA’s multi-stakeholder journey On July 12, 2012, the Department of Commerce’s multi-stakeholder proceeding focused on deciding a standard for mobile app transparency – the format and elements of a mobile app privacy notice (or as we’ll refer to it, the NTIA code). Sitting with the many other attendees in the vast cavernous hall of the Herbert Hoover Auditorium that day and observing the wide range of interests represented in the room, I was admittedly skeptical about whether this group could reach consensus on anything that could provide meaningful guidance to app developers. Even for the most Pollyannaish of privacy heads, the possibility that representatives from government, industry and the advocacy community could actually sit down together (let alone decide on a mobile privacy standard together) seemed remote. Navigating the NTIA Code: A crucial step towards privacy and transparency Fast forward a little over a year to July 25, 2013. At its 16th (and for now final) meeting, a majority of stakeholders voted to “freeze” a draft NTIA code and start testing it in the marketplace before finalizing later this year. Issues remain about some of the draft code’s provisions, around user comprehension of terms used in the code, and how these terms should be laid out in a mobile notice. For the majority of stakeholders however, the draft NTIA code is a win. It’s worth stepping back and thinking about what been decided and agreed upon by the NTIA Multistakeholder group. For the first time, a broad coalition representing consumers and industry has agreed on some basic data elements that should be noticed by mobile apps (for the full story, the current version of the draft code is posted on the NTIA’s site). Mobile app developers who want to comply with the NTIA’s self-regulatory standard must notify users about whether they collect and share personal information – defined broadly to include data generated from a user’s activity on that device (browser and phone history), user uploaded files (contacts, photos) and sensitive data (health, financial, location). Providing this type of information to consumers is important; TRUSTe’s research shows that 72% of smartphone users are more concerned about privacy than they were a year ago. Having participated in and attended the NTIA meetings, it is clear that there are critical issues around implementation that remain open – but I also believe that these issues can be resolved by test driving different versions of an NTIA compliant format in the marketplace. For instance, an outstanding issue that is key for many stakeholders, including TRUSTe, is whether an app developer should list all data elements (nutrition label) or just the ones collected/shared by the app (ingredient approach)? Clearly this particular issue can be resolved through usability testing – are users confused by a mobile app’s privacy notice that informs them about the entire universe of data collection that could be happening on their device? In this regard, TRUSTe is working with ACT, the Innovators Network and companies like AT&T, Apple, Facebook, Microsoft and Verizon, to conduct a program of consumer and developer testing that determines the answers to the remaining open issues and ensures that an NTIA compliant notice effectively communicates with consumers. In fact, ACT is already testing this version of an NTIA compliant notice with a few of its developers. The Future of Privacy forum also worked on some UI mockups of an NTIA compliant notice In the next few months, we hope to share the results of these consumer tests with you and roll TRUSTe’s own version of an NTIA compliant mobile short notice. In the end, is the NTIA code a win for consumers and the app developer community? Absolutely. The current draft of the NTIA code builds on the “Transparency” principle in the Obama Administration’s Consumer Privacy Bill of Rights , which gives consumers the right to access “easily understandable information about privacy and security practices.” The mobile notices being contemplated by the NTIA code will not only inform, but also educate consumers about they types of data being collected by a mobile application, and with whom that data is being shared. That’s why testing will be such an integral part of this process. The NTIA code will also provide much needed guidance to the app developer community, by establishing a self-regulatory standard that this community can build and improve upon. The fact that the NTIA code was developed through the Multistakeholder process gives it credibility with a wide range of audiences – academic, advocacy and industry – all of who actively contributed to and participated in the process that resulted in the current version of the NTIA code. App Developer Requirements In closing, I thought I would provide a quick rundown on what’s currently required of app developers who want to provide consumers with an NTIA-compliant mobile short form notice. The mobile app’s short form privacy policy should inform the consumer whether or not the app collects the following types of data: (information about your body, including fingerprints, facial recognition, signatures and/or voice print) (a list of websites visited) (a list of the calls or texts made or received) (a list of contacts, social networking connections or their phone numbers, postal, email and text addresses) (credit, bank and consumer-specific financial information such as transaction data) Health, Medical or Therapy Info (health claims and other information used to measure health or wellness) (precise past or current location of where a user has gone) (files stored on the device that contain your content, such as calendar, photos, text, or video) The app’s privacy policy must also inform consumers if they share the above-referenced data categories or personal data with third parties such as: (companies that display ads to you through apps) (companies that provide mobile connections) (companies that sell consumer information to other companies for multiple purposes including offering products and services that may interest you) (companies that collect and analyze your data) (any sharing with the government except where required by law or expressly permitted in an emergency) Operating Systems and Platforms (software companies that power your device, app stores, and companies that provide common tools and information for apps about app consumers) (other apps of companies that the consumer may not have a relationship with) (companies that connect individuals around common interests and facilitate sharing) ==================================================================================================== URL: https://trustarc.com/resource/not-subject-to-oba-principles-think-again/ TITLE: Not Subject to OBA Principles? – Think Again! | TrustArc TYPE: resource --- Last week, a globally recognized brand approached us to advise on a Letter of Inquiry from the Council of Better Business Bureau (CBBB) regarding compliance with OBA principles. TRUSTe welcomed the opportunity to help jump in and advise on a corrective course of action, including immediate next steps. We all know the CBBB, in its role as a consumer advocate, helps consumers resolve service disputes with companies that they have purchased products from, but did you know that the CBBB also administers the Online Interest-Based Advertising (OBA) Accountability Program, under the policy guidance of the Advertising Self-Regulatory Council? The Accountability Program is the independent enforcement agent of the Digital Advertising Alliance (DAA). The mission of the Accountability Program is to build consumer trust in Online Behavioral Advertising (OBA) by ensuring that companies engaged in OBA comply with the Do the OBA Principles Apply to Non-Members? As a business, you may be thinking, “I am not a member of the Advertising Self-Regulatory Council or the Digital Advertising Alliance (DAA), so these principles do not apply to me and my website.” Not so, it would seem. If your website allows the collection of information by third parties for interest-based ads, or allows the serving of interest-based ads then you are considered a “covered entity” by the Accountability Program and are required to comply with OBA Principles. We understand that several websites have received Inquiry Letters regarding Online Behavioral Advertising Practices from the Accountability Program recently. The inquiry process is confidential so it is unclear how many letters have gone out in this most recent wave of mailings from the Accountability Program. A Letter of Inquiry is sent when the Accountability Program has reason to believe that the company may not be in compliance with some aspect of the OBA Principles. Once a company receives a Letter of Inquiry, the Accountability Program works with the company through the inquiry process to determine if there is an issue of non-compliance and, if so, helps the company come into compliance. At the end of the process, the Accountability Program issues a published decision along with an accompanying press release. To date, there have been 19 public decisions. If your site allows interest-based advertising or third-party data collection, chances are that the CBBB will be assessing your OBA compliance in the near future. My advice to large ecommerce and publisher websites – make things easier on yourselves by proactively assessing your OBA exposure and implement simple OBA compliance mechanisms on your site. Chat with us before the CBBB chats with you. ==================================================================================================== URL: https://trustarc.com/resource/to-track-or-not-to-track-the-great-dnt-debate-continues/ TITLE: The Great Do Not Track (DNT) Debate Continues | TrustArc TYPE: resource --- To track, or not to track? There has been considerable open debate regarding Microsoft’s May 31st, 2012 announcement to ship Internet Explorer 10 with Do Not Track (DNT) on by default. The response has ranged from praise from privacy advocates to outrage by industry associations to questions of compliance from the W3C’s Tracking Protection Working Group. The developments over the past two weeks have set the stage for what promises to be a spirited discussion with all of the key players in the DNT debate at the next W3C working group meeting scheduled for June 20-22 in Bellevue, WA. When properly informed and equipped, we believe individuals should make their own decisions that affect their privacy online. Unlike security, where things like encryption are universally better for a consumer and should be pre-configured on their behalf, privacy is highly contextual and individual. What might shock one person’s privacy standards could be perfectly acceptable and even desirable for another person. However, we do not believe today’s consumers are adequately informed or equipped to make decisions that affect their privacy properly. Consumers need more education surrounding privacy tools This view was reinforced by the 2011 privacy study conducted by Harris Interactive on behalf of TrustArc where only 1 in 3 consumers indicated they both knew how to protect their privacy online and took steps to do so There is a need to make privacy controls available and easy to use and educate consumers about the tools. The Internet is in the midst of an ongoing journey to equip consumers with the appropriate tools and education to ensure they can make informed choices about managing their privacy online. While overall industry investment in consumer tools and education have not kept pace with advances in online tracking practices over the past decade, several new programs have rolled out in the past 18 months are starting to address this gap, including the self-regulatory program and the recent introduction of consent management solutions to address the EU Cookie Directive. Both of these programs provide consumers with tools and often include educational resources to help them manage their privacy choices, but will need to evolve and improve to have the desired outcome. ‘Do Not Track’ browser features A DNT feature in a browser would provide another useful tool to further equip consumers to manage their privacy choices. However, the DNT control should only operate via a user selected setting to ensure the DNT selection directly reflects the consumer’s preference and provides a basis to hold industry accountable for honoring that preference. There are multiple stakeholders involved in developing a DNT solution and the W3C has been leading a cross-industry working group toward an agreed upon standard that balances all sides of the internet ecosystem. Deployment of the final recommendation will require considerable technical and operational investments by all key players in the ecosystem, as well as a commitment to communicate the changes, provide consumer education, and continuously test and improve the control mechanism. TrustArc has been and will continue to actively support the working group toward this important goal, and is committed to providing our technology, privacy, and consumer expertise to help with the design, rollout, and self-regulation required to make this important initiative successful. ==================================================================================================== URL: https://trustarc.com/resource/in-do-not-track-consumer-choice-comes-first/ TITLE: In Do Not Track, Consumer Choice Comes First | TrustArc TYPE: resource --- Internet Explorer 10 ships with default do not track (DNT) setting Last week Microsoft announced that Internet Explorer 10 will ship with Do Not Track (DNT) turned on by default. This announcement has stirred industry debate over appropriate parameters for consumer privacy choice. At TRUSTe we believe privacy is best served when consumers are informed and have the ability to indicate their preference for how a business uses their data. Privacy is highly contextual and individual – what might shock one person’s privacy sensibilities could be perfectly acceptable and even desirable for another person. TRUSTe’s stance on informed consumer choice When properly informed, we believe individuals are the ones best equipped to make decisions that affect their data privacy. This view was reinforced by a 2011 privacy study conducted by Harris Interactive on behalf of TRUSTe where consumers indicated they trust themselves most, and believe they are most responsible for protecting their privacy online – far exceeding the role they believe browser manufacturer’s, website owners, government, or a range of other organizations play. Balancing privacy standards and user experience While we respect Microsoft’s continued efforts to provide a high standard for online privacy, we believe a default-on DNT setting will be confusing to consumers who have historically had default internet browser choices set to open, with the ability to adopt more restrictive limits. TRUSTe’s expectations for Microsoft’s rollout The key driver in any major product change that impacts the consumer experience is how the change is communicated and how consumers will be educated to enable them to make an informed choice about their online privacy settings. We look forward to Microsoft providing additional details about the rollout and their plans to test the impact on consumer browsing behavior and collect consumer feedback to the proposed changes. The development of cross-industry DNT standards is still ongoing, but it’s clear that a successful framework will require cooperation from all stakeholders. To deliver on its promise, a browser-based DNT feature requires recognition and technical support from the companies engaged in tracking. Otherwise, it’s akin to shouting in a crowded room in which no one is listening. Based on initial industry responses, the plan to ship Internet Explorer 10 with DNT turned on by default does not have this broad industry support. TRUSTe’s active role in W3C tracking protection working group TRUSTe is actively participating in the W3C Tracking Protection Working Group to reach a workable DNT standard that fulfills the needs of consumers, regulators, and the range of businesses in the Internet ecosystem. ==================================================================================================== URL: https://trustarc.com/resource/5-privacy-tips-for-mobile-app-developers/ TITLE: Five Privacy Tips for Mobile App Developers | TrustArc TYPE: resource --- Privacy concerns around mobile applications are higher than ever and consumer mistrust can limit app downloads and engagement levels. Here are five tips that can help you get privacy right and build a mobile audience through trust and respect for personal information: 1. Get serious about privacy A TRUSTe consumer survey found that 74% of consumers believe it’s “very important” or “extremely important” to understand what personal information a mobile app collects. Moreover, 52% of consumers reported that they have read a privacy policy for a mobile app. Unfortunately, a separate TRUSTe analysis of the top free mobile apps found that only 19% have a privacy policy . App developers need to get serious about privacy. Creating a mobile privacy policy is a good start, but app developers need to look closely at their app data practices and identify areas where they can improve consumer privacy experiences. Having a mobile privacy policy can help ensure that consumer privacy expectations meet the reality of your data practices. The length and density of a standard online privacy policy, however, will confuse and frustrate consumers on smaller mobile screens. A mobile privacy policy, just like a mobile app, should be mobile-optimized: think simple, visual and interactive. Consumers will thank you. In our survey 90% of consumers preferred TRUSTe’s mobile-optimized privacy policy format to standard online privacy policies. 2. Always ask before collecting location data Mobile phones collect a great deal of personal information, location data being among the most sensitive type. There is a high degree of public discomfort with sharing location data – 40% of consumers report that they purposefully do not share location data with mobile applications. An app’s use of a consumer’s location data should always be an opt-in process whereby a consumer grants explicit permission prior to the app’s collection and use of this data. One method for obtaining consumer consent is creating a pop-up notice/request. Our survey found that app developers should do more in this regard as only 36% of consumers felt that they had a choice regarding the collection and use of their location data. 3. Offer opt-outs for mobile ad targeting Consumers are wary of mobile ad targeting. A solid majority of consumers – 74% – reported that they dislike being tracked for targeted mobile advertising. However, we also found a high degree of consumer awareness of the existence of mobile ad targeting (68%). Given the success of mobile apps these findings suggest that consumers warily accept the presence of mobile ad targeting in exchange for the convenience and entertainment value that apps offer. Consumer tolerance for mobile ad targeting will presumably grow, but app developers can increase this tolerance by providing clear notice and choice for consumers when conducting mobile ad targeting You should provide a consistent, unified consumer opt-out experience: if you engage in targeted advertising on mobile devices and on the traditional web, then consumers should be able to opt-out of tracking on both devices from a single portal. Our survey found that 85% of consumers want to be able to opt-in or out of targeted mobile ads. Work with industry associations, like the Digital Advertising Alliance, to ensure that your targeted advertising privacy practices are consistent with industry standards. 4. Give consumers transparency and choice Consumers want choice regarding the use of their personal information. Our survey found that 98% of consumers believe it’s important for mobile apps to provide easy access to controls for collecting and sharing personal information. Pop-up notices prompting users to grant/deny permission for data collection/use are an effective method for obtaining explicit consumer consent (opt-in). For data collection activities that are opt-out you can offer consumers choice by displaying opt-out mechanisms prominently within a mobile app’s privacy and security settings. Collect only the personal information that you need. It may be tempting to record every available data point about your app users, but the more you collect the more wary users become and the more responsibility and risk you assume with their personal data. If you collect information that a consumer might not necessarily expect, it’s always a good idea to provide them with prominent notice of this collection. 5. Get your app privacy certified Only 1 in 3 consumers feel in control of their personal information when using their mobile devices, revealing a great deal of consumer mistrust in the mobile app space. Moreover, 52% of consumers list “privacy” and “unauthorized information sharing” as their primary concerns when using mobile apps. Getting your mobile app privacy certified by a reputable third-party like TRUSTe can help overcome consumer privacy concerns. In this way, privacy certification can be a competitive differentiator, helping to increase downloads and engagements by increasing consumer confidence and trust. Unfortunately, not all mobile app marketplaces or stores enable the display of 3rd party privacy certifications. If they don’t already, ask your app store or app marketplace to recognize third party privacy certifications so that consumers can more easily identify trustworthy apps that protect their personal information. ==================================================================================================== URL: https://trustarc.com/resource/app-developers-ignoring-privacy-could-be-a-costly-mistake/ TITLE: App Developers: Ignoring Privacy Could be a Costly Mistake | TrustArc TYPE: resource --- Lately, news and discussions about mobile app privacy have been increasing. Not only is the media picking up on the growing concern by users about the collection and use of their personal data but industry associations are also much more active in developing guidelines and frameworks to help app developers and owners address the growing concern and to ward off regulation. To add to the mix, the government has stepped up its activities as seen by the recent Google settlement with the FTC and the introduction of The Commercial Privacy Bill of Rights Act of 2011 by a bi-partisan team: of Senators John Kerry and John McCain. So what does app privacy really mean? Is it the same as security? The two are often used interchangeably but I think they are very different and bear an explanation so app developers can start to address the heart of the issue. To help understand how they are different with regards to mobile apps, think of privacy as the collection and sharing of one’s personally identifiable information that is gathered through an interaction with a mobile app. On the other hand, security is protecting a user’s device from malicious apps through means such as installing anti-virus or anti-spyware tools or app. Also, a breach in security can result in a reduction of a user’s privacy through the loss of personally identifiable information via an app that diverts user registration information to the wrong hands. Why you should build user privacy into your app Studies have shown that users reward companies that respect their privacy. Users that trust a brand or an app are more likely to share real information about themselves (i.e. submit their actual first and last name instead of “Mickey Mouse”) and share more information. They are likely to also engage more often with that brand. Key fundamentals of app privacy Mobile apps have unique privacy issues such as the use of geo-location and location- or behaviorally-based advertising. These issues are very meaty topics and have been addressed in my previous blogs. However, there are three guiding principles that should be present in your mobile apps. – Give users information about what info you are collecting about them and why. Also, let them know if you are sharing this information with third parties and why. Finally, don’t bury your practices in the fine print or in a 2500 word document which will require the user to scroll down many screens before they uncover the answer to their question. Write in plain English and format the Terms of Service and Privacy statement so its optimized for the small device. – Stand by your practices; show that if something goes wrong, you will make it right. Also, stay accountable to the data you collect from your users by safeguarding it with appropriate security measures such as encryption of sensitive information during transmission and at rest. Finally, demonstrate your credibility by getting certified by an independent, third-party which shows that you are confident of your data collection practices. – Users want to know that they have a choice when it comes to the collection and use of their personal information such as geo-location or targeted advertising. Sometimes, users want to opt out for part of their visit and sometimes users want to opt out for a little while but opt back in later. Give them some control over what they share with you so they don’t have “uninstall” as their only option. There are many credible, non-profit companies and associations that are committed to furthering good privacy practices. Here are a few that are especially helpful. The Future of Privacy Forum is a non-profit association that covers a wide range of issues related to user privacy. They also have an app privacy focus where you can learn more about how to build good privacy practices into your mobile and web-based apps. has published a lot of research for marketing professionals that use the mobile device to reach their users. Privacy principles are woven in throughout the guidelines and some of the research is publicly accessible. They also have a committee dedicated to mobile privacy co-chaired by Fran Maier of TRUSTe and Alan Chappell The GSMA is a large association that represents 800 carriers and 200 companies in 219 countries and territories. They have initiatives on the topic of Consumer Protection and Privacy including mobile privacy guidelines. Those that want help with their mobile strategy can contact TrustArc, the leader in online privacy since 1997. Their mobile privacy certification program site contains links to white papers and blogs on mobile app and mobile web site privacy. Personally Identifiable Information – Any information or combination of information that can be used to identify, contact, or locate a discrete Individual. ==================================================================================================== URL: https://trustarc.com/resource/how-to-spot-and-stop-a-phish/ TITLE: How to Spot and Stop a Phish | TrustArc TYPE: resource --- Six tips to spot and stop a phish Over the weekend, a security breach came to light that compromised the email addresses and names of an undisclosed number of consumers from major national companies. You may have received an email over the past few days from one of these companies notifying you of the breach. While this incident does not pose any direct risk (except spam) to consumers, it does pose an indirect risk through phishing attacks. Malicious parties may use these names and addresses to email affected consumers, posing as a legitimate company to solicit the victim to provide sensitive personal information so they can commit identity theft and financial fraud. Such bogus emails often ask the victims to confirm an account or log in to their existing account to receive a prize or discount. However, they typically direct consumers to fake sites or ask that the recipient send sensitive personal information in a direct email response. The best way to protect yourself from a phishing attack is to recognize these fraudulent emails and not engage them. If you receive a phishing email, you can notify the Secret Service (who is investigating this particular breach) at: So how do you spot a phishing email? Here are six tips: 1. Trust your gut and when it doubt, contact the company directly If you get an email from a company or authority where something seems “off,” then contact the company via normal means to confirm the email’s authenticity. Do not contact the company or authority via any URL, email address, phone number, or other contact information provided within the suspicious email. Instead, you should go directly to the company/authority website or call them using a URL or phone number you or someone else has previously confirmed as legitimate. 2. Check the “from” field Phishers can easily spoof authentic email addresses, making it appear that an email is coming from an authentic, trusted sender. Still, checking the “from” field can at least help you identify unsophisticated phishers. If the “from” email contains excessive characters, has spelling mistakes, or does not share the same domain as the company (e.g. “@gapcustomershelp.com” (illegitimate) vs. “@gap.com” (legitimate)) you might have found a phish. But again, just because the “from” email address checks out it does not mean that the email is authentic since this “from” email field can be easily spoofed. Legitimate companies with whom you have an established relationship will often (but not always) send you emails with personalized subject lines or introductions (e.g. “John, it’s time to renew your account” or “Dear John A Doe,”. This is not a hard rule, however, so if you receive an email with a generic subject line or introduction do not automatically assume it is a phish or if they do personalize the email do not assume it’s not a phish. Also, if you have multiple email addresses, verify that the email address they used to contact you is the one you used to sign up for that online account. If it’s not, you might have found a phish. If the email contains links hover over them (but do not click them) with your mouse – does the preview URL that appears match the URL in the email text? Phishers may include a legitimate URL in their email that redirects to an illegitimate URL. Look how I can redirect you to Google from the following TRUSTe link: www.truste.com. Scammers use the same technique to make you think you are navigating to a legitimate site. If the URL preview does not match the written URL, this can be a strong sign that you have found a phish. Additionally, if either the link or preview link does not contain the traditional company domain address (e.g. “www.gapcustomershelp.com” (illegitimate) vs. “www.gap.com” (legitimate)) you should be suspicious and suspect phishing. 4. Fact check the email content Look carefully at the contents of the email. If they refer to a previously established account, does the information they provide about the account match up with your actual account information? Phishers may try to trick you into believing in the email’s authenticity by adding erroneous account or confirmation details, hoping you will not be attentive enough to notice the errors. Look carefully. If something doesn’t add up, you’ve probably got a phish on your hands. 5. Legitimate companies and authorities do not ask for personal information via email If you’ve received an unsolicited email asking you to provide sensitive personal information directly within an emailed response you can pretty safely assume that it’s a phishing attack. Reputable companies would almost never ask you to confirm details like your account, social security, or credit card number via an emailed response, but would instead direct you to a secured company page using SSL to protect your information via encryption. 6. Look for grammatical errors and spelling mistakes A lot of phishing activity originates from outside the United States in countries where English is not the first language so when they craft these emails these often make grammatical errors or spelling mistakes in abundance – errors your real bank or account provider would never make in a professional customer email. If the grammar and spelling do not add up or if the language seems odd and non-sensical there’s a good chance you’ve found a phish. ==================================================================================================== URL: https://trustarc.com/resource/behavioral-advertising-opt-out/ TITLE: Behavioral Advertising: Don’t Fear the Opt-Out | TrustArc TYPE: resource --- What would happen if advertisers and publishers had to provide enhanced notice, outside of the privacy policy, about behavioral advertising? How will consumers react? Would there be negative effects for advertisers and publishers? Consumer perceptions of behavioral advertising choices 2x times as many consumers clicked through on the icon placed on or near advertisements than on the privacy policy during this time. We found that consumers clicked through on the TRUSTe icon (this was before the industry “forward i” icon was available) at a higher rate than the privacy policy, reflecting increased placements. Not many consumers changed their advertising preferences Less than 1/10 of 1% of website visitors completely opted out of advertising networks. Many fewer (0.002%) made any changes to their preferences (for example, opting out of one network but not another). Our take is that consumers valued the education, trusted the information PCH and TRUSTe delivered, and we’re not so alarmed after all. 55% Consumers found the experience – delivered through the widget – “helpful to making an informed decision.” What can businesses learn about consumer advertising preferences? While this was only a limited pilot on one site, we don’t expect that the overall opt-outs will change significantly. And even if the rate were 10x higher (1%!) the impact on online advertising would be reasonable especially if it comes with increased trust. That said, we are still at the beginning of a process to deliver better notices and choices to consumers and broad based consumer education is still to come. The rollout of the advertising industry “forward i” on thousands of web sites in addition to publisher-side notice should quickly provide consumers with a recognizable opportunity to access their choices. This is also an opportunity for publishers to engage with their visitors to build higher levels of confidence. The notice experience for publishers and advertisers may well be expanded to provide easy consumer access to other choices, for example, choices for retargeting or other kinds of tracking. Publisher’s may well deliver opt-in choices for consumers on a variety of practices such as location or specific profiles. Let’s get moving. TrustArc’s TRUSTed Ad Program for advertisers and publishers, with Approved Provider status from the Digital Advertising Alliance , is ready to help advertisers and publishers deliver enhanced notice and choice. Our solution is highly customizable for advertisers and publishers to deliver key choices in a user experience consumers will trust By taking steps now, everyone will benefit be increased learning, greater consumer trust, and demonstrating self regulation and accountability. ==================================================================================================== URL: https://trustarc.com/resource/mobile-app-design-considerations/ TITLE: Going Mobile? Vital Mobile App Design Considerations Developers Need to Know Now | TrustArc TYPE: resource --- Mobile app design considerations are front and center The mobile platform is a game changer. By 2013, Gartner Research predicts that mobile phones will overtake PCs as the most common Web access device worldwide, with an estimated 1.82 billion Internet-enabled mobile devices in use then. As a website operator, you’ll need to adapt your online presence to account for visitors increasingly interacting with your brand through the lens of their mobile devices. Why should businesses prepare for the mobile app shift? For one, mobile devices raise new trust issues that you must overcome – consumers are hesitant to share personal information or make purchases using a device that can be perceived as less secure and private than a home computer. Additionally, since they’re packed with technology like microphones, cameras, and GPS, and they’re always on and always with people, mobile devices offer expansive new possibilities for information collection and data privacy concerns, raising red flags for many consumers. If a user is playing a social game on their phones and is asked to share their physical location, they may want to know: Will the game operators share their physical location with advertisers or make it available to the general public? What if we want to make our locations visible only to a select group of friends? Consumers have begun to ask these questions, and the need for transparency will only increase as we push forward into uncharted territory in the mobile app space. Mobile devices and location technology Of all the technological features currently packed into modern mobile devices, GPS is perhaps the most important feature to consider incorporating into your mobile website or application. If users entrust you with their location data, how can you use that data to enhance your product or service? If you have physical stores, you can enable mobile users to find the nearest store quickly. If you’re an e-commerce site, you can provide them with immediate shipping estimates based on their physical location or coupons to visit a store nearby. If you are an online services provider, like a social network or gaming site, you can present users with more relevant online advertisements specific to their physical location. Most advanced mobile devices sold today come equipped with location-aware technology capable of pinpointing users within 30 ft of their actual location. Mobile app developers have harnessed this technology in various useful and innovative ways – from social apps that allow users to locate their friends when they’re out and about to photo apps that geo-tag pictures. Location tracking is yet another way to target offers and advertisements to consumers, and we’ve witnessed the substantial impact targeting can have. Online ads based on a user’s browsing activities are more than twice as effective as non-targeted online ads. Location-aware technology allows marketers to increase the relevance of their programs, making the shoppers’ experience richer, more relevant, and more timely. But mobile location technology also comes with its challenges. Location and data privacy concerns The harms are real, and businesses thinking about leveraging this location technology would be wise to understand the risks and take appropriate precautions. Consumers are predictably wary about the implications of sharing their location information with online services and apps. A recent survey found that more than half of location-enabled mobile users are worried about a potential loss of privacy To successfully incorporate location-aware mobile technology into your products or services, you must provide consumers with privacy protections and assurances. Win their trust, and you will win their business. reveals what mobile device users are concerned about: Who is collecting their location data, how it is used, whom it can be shared with, and how long will it be stored? Being spammed by advertisements or offers based on their physical location. Accidental or unintentional sharing of location data resulting in annoyance, embarrassment, or danger to an individual’s safety. Consumer concern over personal information collection and use by a product or service can lead to that product or service’s downfall. When it comes to one’s physical location, many consider this data especially sensitive. A company’s mistreatment of it could quickly result in consumers abandoning the offending product or service. Consumer location data and safety Knowing someone’s location allows you to push contextually-relevant information to them. But identifying relevant information can be challenging, and even relevant information can be a problem when it’s pushed in excess. If consumers consider your use of location technology “spammy,” they will simply tune out or drop your product or service altogether. In the wrong hands, an individual’s present or future location is dangerous information. Stalkers or thieves can use this data to harm individuals and their property directly. Physical safety aside, many individuals do not want others like their co-workers, neighbors, or even family at times also know where they are. At times, the revelation of this information could lead to embarrassment or even the loss of a job or relationship. How can web and mobile app developers mitigate location data risk? These risks can be mitigated if a company employs mobile location technology best practices. Provide transparency and accountability Privacy is not about locking information down. It’s about creating a trusted environment where your users can share information at their discretion and according to their individual preferences. Providing your users with transparency and accountability fosters this trusted environment and increases consumer loyalty Consumers want to know what’s going on behind the scenes with their information, and they want to know that someone will be held accountable in the event of data misuse or compromise. Choice means asking users permission to use their location information before you collect it. Don’t make your data processing practices opaque – it should be clear to consumers what’s happening with their data once they click Provide short, clear, timely, privacy notices It also means ensuring that adequate consumer redress mechanisms exist for consumers who want to remove their location data from your databases. And finally, give your users expansive choices when it comes to sharing their location data – they should be able to share it with the world or only their most trusted friends if they so desire. Mobile user interface friendly websites Many companies are also creating optimized websites for mobile devices. Gartner predicts that by 2013, mobile phones will overtake PCs as the most common web access device worldwide. Although many of these sites currently behave as extensions of the non-mobile website, they are increasing in sophistication and are starting to be optimized for the mobile device not just in terms of look and feel but also in terms of features and functionality. Some mobile websites even allow users to purchase and download apps or provide features that are just for mobile device users. Are you taking advantage of this growing medium to reach your users? There is very little doubt in anyone’s mind that the iPhone has revolutionized the mobile industry and has forced the hands of everyone – from carriers to application developers – to be more creative and innovative to stay in the game. Another Apple advantage is that it requires its developers to follow its human interface guidelines. More and more web and mobile app developers follow these guidelines regardless of whether they are in the Apple store, which contributes to the continuing appeal of the mobile device. Tasks performed on mobile devices tend to be tactical. Your users have a very specific need, and they want to accomplish their goal in the easiest and fastest way possible. Tips for designing the best mobile user interface Compact screen size requires a minimal feature set optimized for common use cases Fonts and font sizes are used to show hierarchy and importance The ability to only see one screen at a time means features must be progressively displayed Large buttons are used to make interactions actionable The commonality of the mobile form factor means users expect adherence to mobile design conventions – interactions should be conventional and consistent Limited content real estate means help text creates unnecessary clutter – the interface should be simple and intuitive so that the user needs little instruction You need to do more if you want your mobile app or website to continue to attract engaged users. What can a company do when a user is presented with dozens, if not hundreds, of similar, competing mobile applications? How can a company help a mobile app user feel comfortable sharing their location and personal information with the app? How can you help users trust mobile forms that require them to share information such as their name, password, email, or physical address? How can you help users trust mobile platforms linked to their financial accounts? Users look for privacy policies A study by TNS Global Market Research of more than 1,000 users in December 2009 revealed that more than 75% of users look for the presence of a privacy policy when giving personal information on a website. By following good mobile privacy policy design principles, you help your users feel more comfortable sharing their information on your mobile app or website. The best mobile app design principles are applied by anticipating user reactions to each step performed while interacting with the business. Ensure that every step in the process is easy and intuitive and works to alleviate any concerns. Place a link to the Terms of Service (TOS) and privacy policy in a visible location so your users can quickly obtain answers to their questions and move to the next step. The same applies to forms that require users to submit personal information. Users frequently overlook the privacy policy and TOS because of their length or subject matter. However, the information contained in these documents can reassure users who may have questions or concerns so they feel more confident interacting with your website or mobile app. By reducing the time a user has to spend reading and understanding the information in these documents, they can quickly get back to interacting with your app or continue the process of submitting their information and moving on to the next step. Note: not following these principles could mean the user failing to complete the registration process out of fear, confusion, or frustration. Best practices for developing user-friendly mobile privacy policies Use icons for each major section to help users quickly identify the key components of your privacy policy. The icons should be relevant to each component and not be selected for the sake of providing a graphical icon, and large enough to make interactions easier on a small device. Progressively display content to allow users to obtain answers to their questions more quickly. The first screen can summarize the key components of your privacy policy. Often that summary is enough to satisfy a user’s concern or address their question. If the user wants to view additional information, they should also be able to access the detailed, full-length privacy policy through the summary page. Once you incorporate these mobile app design principles, you should see greater form completion percentages, high levels of interaction, and increased user trust. ==================================================================================================== URL: https://trustarc.com/resource/can-an-app-do-that/ TITLE: An Apt Question: Can an App Do That? | TrustArc TYPE: resource --- Developers have a responsibility for consumer privacy in the application space. Whether it’s an app on a social network, mobile platform, desktop device, or browser. An application is software with limits – limits on the app’s function or its environment. So the question regarding data privacy is, what can an app do? Or, rather, can an app do that? The middle ground between open app development platforms and closed app development platforms Application platforms need to find a middle ground between “closed” and “open” to avoid stifling innovation. We’ve seen an explosion in application development in the last two years – most prominently on the iPhone and Facebook app platforms. now has over 200,000 mobile apps, and Facebook has In both cases, the vast majority of these apps are developed by third parties. Fierce competition has produced incredible innovations in functionality. Tim Sparapani, Facebook’s Director of Privacy Policy, recounted how he had watched a World Cup game live broadcast using an application on his phone, all while waiting in an airport security line. Consumers can reap great benefits from app platforms that foster data interconnectivity and openness. For example, Microsoft’s personal health information platform, HealthVault, has the benefit of allowing third parties to access user information (provided control exists at the platform and user level). As an example, Scriban pointed out that HealthVault users who grant the TrialX App access to their demographic information and bits of their personal health information can receive alerts about clinical trials in their area that might need them. Third-party application privacy enforcement and quality control issues Privacy enforcement and quality control on third-party apps is a necessary, but difficult task, complicated by the following issues: Data accountability and ownership are now fluid Where in the past, app data typically resided on the user’s device hard drive, it now often resides in the cloud. Think Microsoft Office vs. Google Docs. In the cloud information can be shared, copied (and breached) far more easily and the task of tracking and controlling the flow and access of data is increasingly difficult as these connections proliferate. Privacy vetting at the code level alone is an insufficient check Ian Glazer, Senior Analyst of Identity and Privacy Strategies, Burton Group, noted that there’s often no difference on a coding level between virtuous code and a scam. Like technology, code itself isn’t good or bad. It’s how people use it for good or bad that matters. With today’s rapid pace of innovation apps are a constantly shifting target Apps get revised frequently. Code is rewritten and pushed to the users through downloadable updates, which users will usually accept without question. The scope and functionality of an app can be radically changed by adding a few lines of code. That said, privacy oversight and enforcement are needed in an app environment. Current strategies for oversight and enforcement on major app platforms seem to be a combination of basic standards and vetting processes for initial app approval and using customer complaints or red flags as a feedback mechanism for identifying bad apps. Proliferating complexity in data use and collection practices ahead Privacy choices are only as good as they are useable, and establishing privacy expectations can go a long way toward heading off future privacy concerns. Panelists noted that the existence of choice often overshadows the usability of choice when it comes to privacy, with panelist Ian Glazer remarking that “choices can be a lot of pretty rope to hang yourself with.” is no easy task as we face proliferating complexity in data use and collection practices. Moreover, apps that mix and mingle in private and public spaces can create consumer confusion, resulting in unintended information sharing that can upset users. Platforms openly public from the get-go (like Twitter) have an advantage when they expand services and functionality using their data because users expect that their data will be repurposed and reprocessed in this open system. ==================================================================================================== URL: https://trustarc.com/resource/oecd-privacy-guidelines/ TITLE: 30th Anniversary of OECD Privacy Guidelines | TrustArc TYPE: resource --- celebrated its 30th Anniversary yesterday in Paris. Michael Kirby is credited with driving their creation and providing terrific insights into how they approached these issues in 1980. OECD Privacy Guidelines shaped international privacy frameworks before laws These privacy guidelines, adopted 30 years ago by the Organisation for Economic Co-operation and Development, have shaped national and international privacy frameworks and laws. Since then, businesses, governments, and consumer advocates have adopted practices to protect personal information while avoiding unnecessary constraints on cross-border data transfers. Impressively, these guidelines have withstood the test of time despite numerous transformative changes to the technological and social landscape, most notably in the creation of the internet. The challenge for these guidelines going forward is their continued application and implementation. The OECD Privacy Guidelines Balance the importance of privacy with the benefits of the free flow of information. This was not a “privacy at all costs” document but one that strove to maintain consumer trust in commerce. Principles and guidelines, not prescriptions, laws, or process requirements. This flexible approach has allowed them to adapt over time. Not tied to a specific technology, the principles recognized the fast-changing nature of commerce and technology. Understood that data flows could not easily be contained, so their scope needed to be global in nature. Become the basis of privacy law not only within but also for the APEC privacy initiatives. Simple language. The simple language increases their overall accessibility. The OECD Privacy Principles have guided TRUSTe and TrustArc in developing their privacy program requirements. In fact, TRUSTe certifications are born out of the last principle, accountability. TrustArc helps clients bring accountability to their privacy programs and actively works with organizations across the globe to protect personal information and still conduct business effectively. So, thank you to the founders of OECD privacy guidelines, you’ve inspired a new generation of professionals dedicated to preserving privacy in the digital age. ==================================================================================================== URL: https://trustarc.com/resource/important-data-privacy-events/ TITLE: Ten Important Data Privacy Events from 2000-2009 | TrustArc TYPE: resource --- The important data privacy events shaping the past decade Compared to the privacy challenges we face today, privacy concerns in the 90s may seem mundane and were certainly less complex. A consumer in the 90s might have worried about spam or the safety of their credit card information on an e-commerce site. It was before the widespread use of powerful technologies that we take for granted today, such as social networking, cloud computing, and location-aware mobile services. The past ten years have seen impressive advances in our ability to collect, store and process information, which has, in turn, raised numerous and difficult data privacy challenges. Should I allow this mobile application to access my location data? weren’t even thought of in 1999. Yet, with the explosion of smartphones today, this is not an uncommon question. 10 important data privacy events Looking back, we’ve selected ten events, laws, and trends that have shaped the privacy landscape in the past decade. Following the terrorist attacks of September 11, 2001 Congress endowed the federal government with expansive new powers to monitor citizens through the passage of laws such as the Patriot Act. 5 million customer records to the TSA. In 2007, Congress passed the Protect America Act of 2007 , allowing wiretapping on in-bound and out-bound foreign communications without a court-issued warrant. The federal government would later grant immunity to telecommunications companies who shared consumer records during the course of federal investigations and in 2009 a federal judge threw out a citizen lawsuit challenging this immunity. In 2003, Congress passed the Critics have lambasted the law’s less-than-rigorous enforcement record, highlighting studies that show that the vast majority of spam messages do not comply with the Act. Regardless, in recent years a number of high profile cases have been brought against spammers under the Act, one of which resulted in a 3. Do-Not-Call Implementation Act In 2003 Congress passed the Do-Not-Call Implementation Act allowing consumers to block telemarketers from contacting them via the creation of a national do-not-call registry. FCC regulations have always prohibited telemarketers from calling wireless phones. 4. California Privacy Policy Law went into effect requiring commercial Web sites to have a conspicuously posted privacy policy. Since the law required this of all Web sites who do business with California residents it created a de facto national compliance burden. These days, you won’t find a successful website without a privacy policy, which means that for almost all major websites how the site collects, uses, and protects their personal information and therefore make informed decisions about their use of the site. In 2005 Webroot Software reported that more than 90 percent of computers with Internet connections were infected with spyware. In the 90s “spyware” typically referred to software used for espionage purposes. But in the past ten years the term has come to describe a scourge of software technologies that surreptitiously install themselves on a user’s computer and collect user personal information and/or alter a user’s computer configuration, coming at untold cost to user privacy. In September 2006 news broke that HP’s Chairwoman and General counsel had hired contractors to investigate board members and identify a suspected media leak. The investigators, using personal information to impersonate board members (a practice known as “pretexting”) were able to gain access to board members’ telephone records. HP became the target of a larger Congressional investigation into the aggregation and resale of personal information and this clued consumers in to the fact that data brokers were quietly aggregating comprehensive databases of their personal information, culled from both online and offline sources. 7. AOL search data release In 2006, AOL intentionally published the “anonymous” search records of over half a million users, totaling some twenty million search queries. The issue? Many of these search records weren’t exactly anonymous Researchers identified a number of individuals based on their search queries alone, calling into question the favored online adage: “On the Internet, nobody knows you’re a dog”. This event helped the public grasp the magnitude of their digital footprint on the Internet and appreciate that most of what we do on the Web from the relative privacy of our home, is not, in fact, anonymous. 8. Facebook’s Beacon platform In 2007, Facebook launched an advertising platform called Beacon, which publicized the activities of users on partner websites such as blockbuster.com within a user’s social network and facilitated advertising based on user activity. While Beacon originally launched as an opt-out platform, public outcry resulted in a change to opt-in, and Beacon was later disbanded altogether in September of 2009. Beacon was not the first, nor last online product to link consumer online activity to an advertising platform. But it was one of the most publicized examples in the past decade of this technology and helped the public recognize that companies have a vested interest in linking their web activity to targeted advertising. A rapid decline in the price of digital storage in this past decade has allowed companies to collect and store increasingly vast amounts of consumer information. Stolen or misplaced laptops and thumb drives have compromised the personal information of millions of individuals in the last ten years and rapidly expanding personal information databases have become ever more attractive targets for hackers and thieves. Two of the largest events to underscore this phenomena were hacking breaches suffered by TJX Companies Inc. in 2007 and Heartland Payment Systems in 2008, which compromised 45 million and 130 million credit card and debit card numbers, respectively. 10. Mobile and location awareness The proliferation of Internet-enabled smart phones has driven the creation of impressive mobile services that incorporate these phones’ ability to geographically pinpoint their users via GPS or triangulation. launched their respective services allowing users to share their location information for social networking and gaming purposes. ==================================================================================================== URL: https://trustarc.com/resource/data-ownership-privacy-concern-or-red-herring/ TITLE: Data Ownership: Privacy Concern or Red Herring? | TrustArc TYPE: resource --- While privacy and piracy have been in the news quite a bit in the past few months as separate ideas, David Holtzman’s Viewpoint in Business Week Online – July 24, 2006, took the interesting step of combining them. Recent debate about privacy has been engulfed by repeated high-profile breaches and the subsequent focus on data protection and security. Mr. Holtzman moves the discussion about privacy back to where it belongs – the value of personal data and how it is used. The focus on data ownership, however, maybe a red herring. The concept of ownership bundles rights that a person can 1) assert around a thing, and 2) can restrict anyone else from asserting around such thing. This works well with physical objects (film, cars, CDs, etc.) but becomes more problematic when addressing data about such things. A person actually does not own personally identifiable data in many instances. For example, I don’t “own” my bank account number. While this may be counterintuitive, I cannot restrict my bank from changing or even reusing my account number. Because the bank has more rights over who can and how that number can be used, I can’t be said to “own” that number. Much personally identifiable data is subject to this quandary – the data is about me, but I don’t “own” it. This difficulty with data ownership exposes Holztman’s red herring. Most of us aren’t as concerned with the technicality of ownership of our data as much as asserting control over our data. Jim Harper of the Cato Institute articulates the definition of privacy like this: “Privacy is the condition that people enjoy when they are given the opportunity to control information about themselves, and they exercise that control in a manner consistent with their interests and values.” A privacy policy is supposed to do exactly that — to allow you to exercise control over data about yourself. Without mentioning “ownership,” this definition works well with how consumers interact with their data in the marketplace. TRUSTe’s program requirements around what must go into a privacy policy expressly require this option of control. According to TRUSTe, a consumer must be given the option of limiting use beyond the transaction for which data was collected, and a company may not eliminate this requirement through privacy policy disclosures. (There is an exception for complying with legal disclosure requests from the government, as recently seen with the nation’s telecommunications firms.) Further, where a website collects personally identifiable data from a third party, as in a gift delivery, the consumer must affirmatively opt-in to any other use by the same company that isn’t for the primary purpose of the collection. This means that if a friend sends you flowers, that flower shop is not able to send you offers for additional services unless you opt-in. These requirements give control to the consumer regardless of who “owns” the data. A company, at least one certified by TRUSTe, can hardly do whatever it wants with data about an individual. Mr. Holtzman and I do not greatly disagree. He offered our shared viewpoint with the statement: “As consumers, we should be entitled to only give out our information when we want, and maintain some control over its subsequent disposition, including mandatory erasure when our business relationship is terminated.” TRUSTe requirements, and all the regulatory environments which address personally identifiable data (e.g., Gramm-Leach-Bliley Act, HIPAA, Fair Credit Reporting Act, etc.) are in alignment with this concept of control versus ownership. Compliant policies restrict how personally identifiable data about an individual is used and disclosed regardless of who “owns” the data. Which brings us to the second privacy issue raised by Mr. Holtzman – the value of data. Mr. Holtzman makes a fascinating assertion that a privacy statement is a “license to steal consumer information, wrapped up in legal tinsel.” First, stealing is taking from a person, without their consent, something they “own” (which may or may not be the case with personally identifiable information). Consequently, there are two elements in play here: ownership of the data in question, and If a person gives you something, that isn’t stealing. Further, if a person gives you something in exchange for something else, not only is that not stealing, that is called commerce. So, putting aside the first threshold issue of data ownership, let’s discuss the second issue of “bargained-for exchange,” which seems to be at the root of Mr. Holtzman’s complaint – “why can’t I get paid for data about me?” A consumer interacts with a company (which would be the reason for a privacy policy to even apply) when the individual perceives a value to the interaction. Perceived value could come from information the individual receives from the company, or from the services that the company offers. I pay my bills at CheckFree because I perceive value when I don’t have to pay 37 cents to mail my bill. Further, when CheckFree personalizes communication with me, I perceive value in knowing I am not getting phished or spammed. So, for the disclosure of my information, I receive value in reducing my cost of paying bills, increased security in communication from Checkfree, and increased convenience of paying bills online.). All this for a service I don’t have to pay for. That looks a lot like bargained for exchange. Regardless of “ownership”, the individual’s engagement with the business provides at least perceived, if not actual, benefit for the consumer. This is not stealing. Now, a larger question lies in what kinds of companies actually do follow TRUSTe or GLB-like requirements? And additionally, is the benefit given to consumers actually realized to the level that the consumer wants? I think these are excellent questions and should be fully explored. However, these questions do not really lend themselves to the sensationalization that sells newspapers. Regardless of how sexy the topic may not be, it is fundamentally the first principle of the privacy debate – can individuals control information about themselves in a way that is consistent with their interests and values; or is commerce placing a lower value on the bargained for exchange than the consumer might? This is a question of market motivations and consumer values. However, before any of this can happen in a meaningful way, commerce must adopt the business models that provide informed choice to the individual. TRUSTe is one way the marketplace does this. ==================================================================================================== URL: https://trustarc.com/resource/privacy-culture-toolkit/ TITLE: Privacy Culture Toolkit | TrustArc TYPE: resource --- Six templates to build privacy culture at your organization Empower your organization to thrive and succeed in building a privacy-first culture with the Data Privacy Day 2025 Privacy Culture Toolkit. This essential resource offers practical templates, guides, and training materials designed to integrate data privacy into your company’s culture seamlessly. Discover how to define roles, measure data subject requests, and educate your workforce with ease. Whether you’re starting from scratch or enhancing an existing program, this toolkit provides actionable steps to strengthen your organization’s commitment to privacy. Take the first step towards fostering trust and accountability – download the Privacy Culture Toolkit today! ==================================================================================================== URL: https://trustarc.com/resource/indiana-consumer-data-protection-act-incdpa/ TITLE: Understanding the Indiana Consumer Data Protection Act (INCDPA) | TrustArc TYPE: resource --- Across the U.S., state-level momentum for comprehensive privacy bills is at an all-time high. Following in the footsteps of the likes of California, Oregon and Virginia, among numerous others, Indiana has joined the growing list introducing comprehensive consumer data rights and protections, via the Indiana Consumer Data Protection Act. General Data Protection Regulation (GDPR) in Europe, the new Indiana law is to enhance transparency and accountability regarding the collection, use, and sharing of personal data. Most of its provisions are like those introduced in other U.S. states in recent years. the Indiana Consumer Data Privacy Act stands out for several distinct features , one of which is its definition of the sale of data. Under the new Indiana law, the sale of data is narrowly defined as the exchange of personal data for monetary compensation from a controller to a third party. This approach aligns with legislation in Virginia, Utah, and Iowa. In contrast, data privacy laws in California, Connecticut, and Colorado define the sale of personal data more broadly to encompass valuable considerations beyond monetary transactions. Who does the Indiana Consumer Data Privacy Act apply to? The INCDPA applies to various entities involved in the collection and processing of personal data within the state of Indiana. Specifically, the law applies to: Businesses operating in Indiana: Any business that conducts operations within the state of Indiana is subject to the INCDPA if it collects or processes personal data. Businesses collecting data from Indiana residents: Even if a business is not physically located in Indiana, it must comply with the INCDPA if it collects personal data from residents of Indiana. Entities meeting thresholds: Indiana’s privacy law does not rely solely on a revenue threshold, unlike . The INCDPA states that controllers must comply with the regulation even if their annual gross revenues don’t reach a specific threshold, provided the data of a certain number of consumers is processed. Entities must comply if: they control or process personal data of at least 100,000 consumers; or control or process personal data of at least 25,000 consumers and derive more than 50% of gross revenue from the sale of personal data. Specific activities involving personal data: The INCDPA applies to entities engaged in specific activities involving the processing of personal data, such as selling personal data or processing sensitive personal information. Who is exempt from the INCDPA? The new Indiana laws do not apply to: A body, authority, board, bureau, commission, district or agency of the state or any political subdivision of the state, including a third party under contract with an entity described above, when acting on behalf of the entity. This clause does exempt data held or created by third parties outside of the scope of the contract with the entity. Any financial institutions and affiliates, or data subject to the Gramm-Leach-Bliley Act (GLBA) Any covered entity or business associate governed by the privacy, security, and breach notification rules under Any non-profit organization; Any institution of higher education; Any public utility or service company affiliated with a public utility. Key provisions of the INCDPA The Indiana Consumer Data Privacy Act includes several key provisions aimed at safeguarding the privacy rights of individuals and regulating the handling of personal data by businesses, including The INCDPA grants consumers certain rights over their personal data. These rights may include the right to access their personal data held by businesses, the right to request correction of inaccurate data, the right to request deletion of their data under certain circumstances, and the right to opt out of the sale of their personal data. Transparency requirements: Businesses subject to the INCDPA are often required to provide consumers with clear and understandable information about their data processing practices. This may include disclosing the types of personal data collected, the purposes for which the data is processed, and the categories of third parties with whom the data is shared. Data security obligations: The INCDPA typically imposes obligations on businesses to implement reasonable security measures to protect the personal data they collect and process from unauthorized access, disclosure, alteration, or destruction. This may include measures such as encryption, access controls, and regular security assessments. Data breach notification: In the event of a data breach involving personal data, businesses subject to the INCDPA may be required to notify affected individuals and, in some cases, relevant regulatory authorities within a specified time frame. The notification must include information about the nature of the breach, the types of data affected, and any steps individuals can take to protect themselves. The INCDPA may include provisions requiring businesses to obtain consumers’ consent before collecting, processing, or disclosing their personal data, especially for sensitive categories of data. Consent must typically be freely given, specific, informed, and unambiguous. The INCDPA may prohibit businesses from discriminating against consumers who exercise their rights under the law. This means that businesses cannot deny goods or services, charge different prices, or provide a different level of service based on a consumer’s exercise of their privacy rights. Compliance with the Indiana Consumer Data Protection Act To comply with the new Indiana laws, entities should: Collect personal data that is adequate, relevant, and reasonably necessary for the disclosed purposes of processing. Implement appropriate data security measures based on the volume and nature of the personal data. Comply with anti-discrimination laws when processing personal data. Establish binding contracts with processors, detailing the nature and purpose of processing, instructions, and the rights and obligations of both parties. Obtain consumer opt-in consent for processing sensitive data and handling sensitive data of known children in compliance with the Children’s Online Privacy Protection Act (COPPA). Provide clear and accessible privacy notices, disclosing data categories, processing purposes, consumer rights, data sharing with third parties, and opt-out options if personal data is sold or used for targeted advertising. data protection impact assessments for specific data processing activities involving personal data. A Data Protection Impact Assessment (DPIA) is required under the Indiana Data Privacy Act when processing personal data for targeted advertising, for the sale of personal data, for personal data processing for profiling with foreseeable risks, for the processing of sensitive personal data, and personal data processing activities with a heightened risk of harm to consumers. Penalties for non-compliance with INCDPA The INCDPA provides controllers with 30 days to resolve alleged violations. The attorney general (AG) has the authority to pursue injunctive relief and impose civil penalties of up to $7,500 per violation. However, before taking action, the attorney general must first give the controller or processor a 30-day notice to resolve the violation. During these 30 days, the controller or processor must provide the AG with a written statement confirming the resolution of the violations and assuring that they will not recur. What are key Indiana Consumer Data Protection Act dates? The Indiana privacy law was passed in May 2023. It goes into effect in January 2026. TrustArc U.S. state data privacy resources TrustArc is committed to helping organizations understand and manage their compliance obligations for all existing and emerging U.S. state privacy laws. Manage essential processes to achieve cookie compliance with state and international privacy laws. Stay up to date on hundreds of global privacy laws, regulations, and standards. ==================================================================================================== URL: https://trustarc.com/resource/privacy-regulations-8-predictions/ TITLE: Privacy Regulations and 8 Future Predictions | TrustArc TYPE: resource --- Privacy predictions by CEO Chris Babel Privacy was ubiquitous prior to 2018. The General Data Protection Regulation (GDPR) deadline came and went as companies scrambled to meet and maintain compliance under the new regulation. Data protection has a strong presence in the media as large companies’ handling of user data is often widely discussed and reviewed. Since then, many new privacy regulations have been introduced – such as the California Consumer Privacy Act General Data Protection Law Personal Information Protection Law As a result, more companies will fall under the scope of at least one enforceable privacy regulation. What’s in store for privacy going forward? TrustArc CEO Chris Babel breaks down his predictions for the path of privacy. Managing privacy will be the new normal, like securing data or paying taxes Privacy will continue on a similar path as the evolution of number of breaches and privacy-related incidents will continue to rise This rise will be comprised of peaks and valleys. Like with security, a standard of constant privacy will become the new normal. For example, while many organizations treated GDPR as a project with a finite end, compliance is a continuous exercise that requires the same focus and vigilance as security or taxes. Automating aspects of this continuous process using Assessment Manager will save your company time. is built on powerful technology that identifies where and why your practices don’t align with regulations and defines the path to remediation. The workflow tools and Intelligence Engine detect the need for and then streamline assessments. Ethics will become increasingly important to data-driven innovation Once a focus only in healthcare and highly regulated organizations, consumer protection and privacy laws are driving businesses across sectors to consider ethics. The benefits that new tech vendors claim do not outweigh the potential for data misuse and other risks. While companies may start with a check-the-box compliance exercise, the more innovative players will look to Organizations will set up ethical review committees, ethics teams, and data ethics officers to formally consider the implications of algorithms and machine learning on customer trust and business outcomes. Determining whether data processing is ethical can be done at scale by automating manual processes. TrustArc offers the expertise and technology to: Complete these assessments Build a sustainable Data Protection Impact Assessment and Privacy Impact Assessment program if needed Automate the process using the Produce reporting needed to show accountability on demand. Consumers will exercise their right to privacy Consumers have become increasingly more aware of the rights and mechanisms that regulations have made available to them to manage and protect their data. As a result, consumers will become more engaged and active in: Controlling their privacy settings Unsubscribing from marketing communications Requesting copies of their data Requesting that companies delete their data entirely from marketing databases. Individual Rights Manager helps with the requirements of the GDPR and CCPA. Allowing your organization to provide data subjects and individuals with a variety of rights, including the right of access by the data subject; rectification or erasure; restriction of processing; data portability. More privacy regulations on the horizon A U.S. federal privacy law is still being discussed, but unlikely to pass. Although, the 2019 Online Privacy Act was reintroduced at the end of 2021 United States-Mexico-Canda agreement – will drive new discussions around cross-border data sharing between the U.S., Canada, and Mexico. and Virginia recently joined California by enacting consumer data privacy legislation. Additionally, over 160 consumer privacy related bills were introduced across the U.S. in 2021. Broadly, these regulations are similar to the CCPA regarding the collection, use and disclosure of personal information and explicit consent. Looking ahead, states will continue to introduce and pass privacy regulations. Lastly, the multitude of country-specific privacy laws in Asia will continue to increase across the region. GDPR enforcement could slow sales and close down businesses Most people associate GDPR enforcement with heavy fines levied against organizations. However, enforcement can be much worse than onerous financial penalties. An advertiser was recently forced to cease operations in an entire European market as a result of a GDPR violation. Failure to comply with privacy regulations will have a devastating impact on your company’s operations and reputation as much as its checkbook. Companies that don’t meet GDPR and other privacy and security requirements will lose business to competitors who do. if you don’t take privacy seriously, you risk losing consumer trust. that all citizens should have a right to delete their personal data, know how their data is being used, and be able to opt-out of having their data used. Organizations that refuse to adopt this consumer mindset will quickly fall behind. Maintain consumer trust with the Cloud Privacy Compliance Package, which streamlines your compliance process enabling you to more easily develop a plan, implement controls, and demonstrate ongoing compliance with GDPR. Privacy regulations will drive innovation and differentiation Privacy regulations, as the new realities of the world, will force companies to reexamine their approaches to developing innovative and differentiated products and services. GDPR has already forced marketers and advertisers to reevaluate how they use customer data. Organizations that embed compliance into their entire product development processes – aka privacy by design – offer consumers peace of mind and will win over their trust. As the rise of the Metaverse and augmented reality continues, there will be numerous effects on the data privacy landscape . How will current regulations apply to a new type of platform? Will developers proactively design consumer privacy protection into the Metaverse? can help your teams ensure that your programs incorporate privacy by design principles, among other best privacy practices. The CCPA is the second chance for the CPO and DPO to become strategic company executives There is significant overlap between the California Consumer Privacy Act (CCPA), which applies to any company conducting business in California, and GDPR. Companies that took the important steps to comply with GDPR are already ahead of the game and will have a relatively clear path to meet the requirements of U.S. state laws. Now is the time for Chief Privacy Officers and Data Protection Officers to position data privacy as a strategic function within the organization. Build a sustainable plan, implement controls, and manage ongoing compliance with the Platform and Consulting Services. Privacy technologies at any price point As more privacy regulations are adopted, there will be a rapid expansion of the number of privacy technology vendors in the market. With the increased sophistication of privacy technologies, a small company located anywhere globally will now have access to solutions at a price point that fits them and makes it worth their while to comply with specific laws to reach even more customers. ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-privacy-in-the-eu-what-you-need-to-know/ TITLE: Data Privacy in the EU: What You Need To Know TYPE: resource --- Data Privacy in the EU: What You Need To Know The European Union has created a so-called “Brussels Effect” by establishing the General Data Protection Regulation (GDPR) in 2018 – considered by many as the most complex data protection law in the world. Now, in the face of booming AI applications, the European Union has established the AI Act. It went into force in August 2024, with a graduated approach, becoming the first legislation of its kind in the world. Next, the European Union (EU) Data Act will take effect on September 12, 2025. This Act is a key part of the EU’s Data Strategy and will introduce new rules for data access, sharing, and portability. That’s not it: the Digital Operational Resilience Act (DORA) will come into force on January 17, 2025. This regulation creates a binding, comprehensive information and communication technology (ICT) risk management framework for the EU financial sector. What are the EU AI Act and Data Act and how will they be enforced? How will data privacy evolve in the EU in 2025 and how to stay compliant? Our panelists will guide you through the intricacies of EU data privacy laws, clarifying legal frameworks and compliance requirements. This webinar will review: The evolution of data privacy laws in the European Union How the GDPR and AI Act have advanced the need for data privacy protection and governance What’s next for personal data processing, AI governance, and enforcement of the EU data privacy laws What you should include in your 2025 data privacy roadmap This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Senior Assurance Program Manager, AI & Global Privacy, TrustArc Global Privacy and AI Analyst, Future of Privacy Forum ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-privacy-management-in-the-age-of-artificial-intelligence/ TITLE: Data Privacy Management in the Age of Artificial Intelligence TYPE: resource --- Data Privacy Management in the Age of Artificial Intelligence 2024 was a pivotal year for AI, marked by the emergence and popularity of groundbreaking innovations and the first-ever AI regulation, the EU AI Act. As we step into 2025, organizations face a complex challenge in balancing the drive for AI adoption with the imperative of safeguarding privacy. Join us on Data Privacy Day as we explore the evolving AI landscape and discuss: A recap of key AI advancements and their privacy implications in 2024 The top AI trends and privacy challenges you can expect to see in 2025 Privacy considerations on how to operationalize and deploy AI governance best practices in your organization Practical strategies for mitigating AI privacy risks This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Privacy Knowledge Principal, TrustArc Senior Counsel for Artificial Intelligence, Future of Privacy Forum ==================================================================================================== URL: https://trustarc.com/resource/ai-risk-assessment/ TITLE: AI Risk Assessment | TrustArc TYPE: resource --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/resource/governance-in-the-era-of-ai-a-decision-makers-guide-to-oversight/ TITLE: Governance in the Era of AI | TrustArc TYPE: resource --- Governance in the Era of AI: A Decision Maker’s Guide to Oversight In the evolving technology landscape fueled by Artificial Intelligence (AI), comprehending and implementing AI governance, privacy program management, and management have never been more crucial. Our eBook delves into these complicated facets, offering a clear roadmap for decision makers to follow. Navigate the intricate nuances of overseeing AI initiatives while ensuring robust compliance with privacy regulations. Learn to strike a balance between fostering innovation and managing risk, ensuring your organization’s strategic advantage. From understanding the importance of integrating AI governance with privacy program management to realizing the risks and rewards of AI initiatives, this eBook equips you with the knowledge to confidently steer your organization through the AI era. Discover key pillars of AI risk governance and learn how to implement them effectively within your organization to build a strong, ethical AI ecosystem. Understand why there is a critical need for integrating AI governance with privacy program management to achieve organizational success. Discover how to harmonize innovation with AI risk management to secure a strategic advantage. Uncover key aspects of AI risk governance and how to seamlessly integrate them into a responsible AI framework. “A privacy-centric AI governance approach not only ensures regulatory compliance but also forges trust with stakeholders and customers, paving the way for a secure and ethical AI environment.” ==================================================================================================== URL: https://trustarc.com/resource/advancing-accountable-ai-a-readiness-guide-for-privacy/ TITLE: Advancing Accountable AI: A Readiness Guide For Privacy | TrustArc TYPE: resource --- Advancing Accountable AI: A Readiness Guide For Privacy Reduce risk with AI governance Adoption and advancements of AI is ushering in a new set of opportunities — and risks — for organizations and privacy teams. Navigate the intersection of AI and privacy with robust data governance. Address the challenges posed by AI head on with actionable insights and steps to reduce risk. with security, model bias, discrimination, data privacy, data poisoning, false results, and model explainability. Implement algorithmic accountability and governance across the software development life cycle (SDLC). Operationalize technical accountability by embracing design transparency, auditing, monitoring, and controls. Ensure transparency in AI systems to uphold individual rights. AI is a dynamic new frontier that demands a clear and urgent approach to handling personal, sensitive, and confidential information. By adapting established privacy methods and tools, enterprises can be well-prepared to confront these challenges with assurance, upholding accountability and transparency in a rapidly evolving landscape. – Jason Wesbecher, CEO of TrustArc ==================================================================================================== URL: https://trustarc.com/resource/vendor-risk-management-guide/ TITLE: How to Mitigate Third-Party Vendor Risk for Your Privacy Program | TrustArc TYPE: resource --- How to Mitigate Third-Party Vendor Risk for Your Privacy Program Managing third-party vendors to ensure compliance with regulatory requirements can seem frustrating and unmanageable. With the varying laws across the world (CCPA, GDPR, and to name a few) cracking down on how data is managed between organization and third-party vendors, having a vendor privacy program is essential. To avoid non-compliance and punitive measures, it is important to be properly track and monitor the flow of data. The risks third-party vendors pose for your organization under the different global regulations What elements a vendor risk program should have to efficiently assist to mitigate unnecessary risk Tips and best practices to implement within your privacy program for best results ==================================================================================================== URL: https://trustarc.com/resource/mobile-data-privacy/ TITLE: Mobile Data Privacy: A Critical Component of Your Cybersecurity Strategy | TrustArc TYPE: resource --- Data is one of a company’s most valuable assets in today’s business environment. Customer data fuels insights, product/service development, personalized experiences, and relevant go-to-market strategies. Properly analyzed, the right data gives companies a competitive edge in efficiency and therefore, profitability. Websites, apps, social media platforms… these are all data wells, collecting and storing personal information about consumers to provide and customize services. This sensitive data covers many fields. It can be a consumer’s name, location, contact information, medical records… and so much more. And it can relate to online or real-world interactions. Data privacy addresses the proper handling, storage, access, retention, changeability, and security of sensitive data. What laws govern data privacy? Privacy laws such as Europe’s General Data Protection Regulation ( ) regulate consumer data storage, sharing, and disclosure practices in today’s digital economy. Implemented in May 2019, the GDPR claims to be the “toughest privacy and security law in the world.” And a company doesn’t have to be based in Europe to be impacted by it. As long as your organization targets or collects data related to individuals in the EU, you must abide by Otherwise, you can expect penalties reaching into the tens of millions of euros – up to 4% of the offending company’s annual turnover. The GDPR is large and far-reaching and has implications that may impact many areas of your company, including your marketing strategies. It’s disrupting traditional business models and the way data value transfer works. Since the GDPR, other privacy laws have bloomed around the world. There are the Brazilian General Data Protection Law (LGPD) Chinese Personal Information Protection Law (PIPL) . And there are also a number of individualized laws around US states, like the California Consumer Privacy Act (CCPA) . Colorado, Connecticut, Virginia, and Utah have all created legislation similar to CCPA, and 11 other states have privacy bills in consideration. All of them aim to unify the multiple local privacy laws that regulate the processing of personal data. But their proliferation makes unification a challenge for any multi-jurisdiction organization, not least those companies that use mobile apps to communicate with customers. How does the rise of mobile apps impact data privacy? The iPhone, the first connected mobile application platform, was introduced in 2007. In the ensuing decades, the devices have become ubiquitous. The average user has installed an average of 80 applications. Most apps communicate with both the phone user and the application developing company, providing personal information from the former to the latter.mobile app consent Some apps also interact with other apps, which creates a series of complex challenges for protecting user data and has led to a series of high-profile mobile data privacy breaches, where personal information provided by the user has been shared with unintended parties. A Google search of “TikTok privacy issues” responds with over 300 million hits. What is unique about mobile data privacy? In its report on mobile device data privacy, the European Union Agency for Cybersecurity ( ) identified what makes mobile devices a unique challenge for data privacy: The variety of data and sensors held in mobile devices Use of different types of identifiers and extended possibility of users’ tracking The complex mobile app ecosystem Limitations of app developers The extended use of third-party software and services. If for no other reason than the litany of privacy policy acceptance prompts that mobile phone users are required to accept, phone-based consumers are very aware of the risks – and inclined to gravitate to brands associated with strong protection of their valuable data. What should app developers do to protect consumer data? The complex challenges of data privacy protection on mobile devices does not exempt companies from complying with all applicable laws and regulations, from GDPR to US state laws. In their mobile data privacy report, ENISA identified three areas of GDPR compliance that are particularly challenging in a mobile app environment: [with multiple apps interacting with a common phone infrastructure, how can an app developer be sure all accesses of a consumer’s data have been revealed to them for consent?] Data protection by design and by default [how to convince consumers that data protection is the default design in an environment where ease of information access – including access across apps – is the ultimate goal]. [how to protect consumer personal information on a device populated by apps of unknown origin]. mobile app developersLuckily for app developers, mobile device operating systems are increasingly attuned to their platforms’ inherent risks to data privacy. Apple and Google established a policy of default application isolation, wrapping any application access to shared resources with security and user consent. Savvy application developers can use these platform tools and others to secure the data, but it begins with a mindset of accountability and data stewardship. Any byte of personal data provided by the customer is the developer’s responsibility to protect in fully-disclosed ways and follow solid data management procedures end-to-end. So good coding practices, backend data management practices, and platform support go a long way toward taming the wild environment in which consumers’ data live. But even with these safe practices, consumers are rightly concerned about exactly what is happening with their data. Why should I be concerned about mobile data privacy? Because your customers are. A Digital Privacy and Security Survey conducted by the Calyx Institute in 2021 found that 80% of respondents were concerned about digital privacy. But, only 59% declared they felt more aware of how their data is treated than a year ago. According to the US Federal Trade Commission (FTC), “right now, it is almost impossible to figure out which apps collect data and what they do with it.” A clear privacy policy assertion is key to giving your mobile app users confidence. TrustArc believes that every mobile application should have, as the FTC puts it, “simple and short disclosures or icons that are easy to find and understand on the small screen of a mobile device.” TrustArc has Mobile App Consent solutions available today for app developers to create a privacy policy that meets these criteria. By sharing an easy, understandable privacy disclosure, your application – and your company – can ease your mobile users’ minds. Mobile data privacy: Compliance check box or brand? With the proliferation of laws and regulations on data privacy and the complex challenges that meeting these entails in a mobile environment, it is easy to focus on compliance aspects of data privacy protection and the legal risks of failing to do so. But a compliance-only focus misses the opportunity that your company has to distinguish your brand in the area of data privacy protections. Consumers are surrounded by news of data breaches – and these come to mind every time your customers are about to enter private information into your app. Their willingness to trust will not be based on a technical understanding of the complexities of your application but on their association of your brand with digital safety. ==================================================================================================== URL: https://trustarc.com/resource/how-app-stores-privacy-updates-will-impact-your-business/ TITLE: How App Stores Privacy Updates will Impact Your Business | TrustArc TYPE: resource --- In June of 2021, the Apple app store stated that all developers on the App Store need to allow users to delete their accounts directly within the app. While this wasn’t a hard requirement from Apple when it was first announced, it will be mandatory by June 30th, 2022, and onward. Why is this happening now? Many of the biggest tech companies in the world (think: Apple and Microsoft) have been focusing on consumer trust and privacy in recent years, and this trend will continue into 2022 and beyond. The It is important to understand that this change may seem like a tiny piece of your complete privacy and trust ecosystem, but it’s a very important one. What can you do to ensure you’re compliant with this App Store change? This is a nuanced question as compliance is a long, process-driven journey that requires input from the entire business, external vendors, and key stakeholders to ensure it is done correctly. If you’re in a position where you need to make this change, there are a few actions you can take to ensure your place in the Apple App store remains active. These actions include: consent management platform that provides easy access to managing your data subject requests Review all the privacy laws that apply to your business Make sure your app privacy notice clearly explains what data you collect, how that data is collected, and how you might use this data in the future. This is a lot of information to digest in a relatively short timeframe. The good news is that there are solutions available that can help your business in this exact use-case – the even better news is you can contact TrustArc to learn more about our very own solutions ( such as Individual Rights Manager ) that will help you today and beyond. ==================================================================================================== URL: https://trustarc.com/resource/online-trackers-privacy-managing-technology-transparency-control/ TITLE: Online Trackers and Privacy: Managing Technology, Transparency, and Control | TrustArc TYPE: resource --- Online Trackers and Privacy: Managing Technology, Transparency, and Control How Online Trackers Impact Privacy—and What You Can Do About It Every click, every page load, every ad you see—it’s all being tracked. But do you really know how? From cookies and pixels to browser fingerprinting, online tracking is more sophisticated than ever. Businesses use these tools to refine marketing, enhance user experience, and even detect fraud. However, as privacy concerns grow, so do the regulations that govern them. Our infographic breaks it all down: The most common types of online trackers—what they are and how they work. The global privacy laws shaping ad tech and data collection. Practical steps to stay compliant while maintaining business insights. If your organization relies on digital tracking for advertising, analytics, or security, you need to know where the lines are drawn. Get the clarity you need. Download the infographic now and take control of your tracker strategy. ==================================================================================================== URL: https://trustarc.com/resource/data-inventory-and-mapping/ TITLE: Without a Data Inventory, Companies Will be Overwhelmed by Data Subject Requests | TrustArc TYPE: resource --- Why should you know where data is? A centralized data inventory is critical for your organization’s security and privacy compliance. It’s the starting point for understanding what and how data is collected and used across the organization. , you can pinpoint exactly where data is located and stored and draw connections between complicated data flows. Having an easily accessible inventory enables quick identification of the assets or systems that process an individual’s data and which jurisdictional requirements apply throughout the data lifecycle. As more data privacy laws are enacted worldwide, understanding your organization’s data inventory and mapping is necessary to meet compliance requirements. Organizations both big and small should expect to respond to a significant number of consumer requests about their personal data – if you’re not already getting them Are you compliant with CCPA and GDPR DSR requirements? Perhaps the most customer-facing and public compliance requirements for the EU General Data Protection Regulation California Consumer Privacy Act (CCPA) are around the rights of the data subject or consumer rights. Also referred to as Both GDPR, CCPA, and other data privacy laws significantly increase the requirements on businesses to comply with individual rights requests. These requests include the rights to: Ratify or update efforts or incomplete information Be erased/forgotten, withdraw consent, and have their data removed Restrict processing or limit use and disclosure Requirements dictate how organizations address individual rights and related requests. These requests are called Data Subject Requests (DSR) Most commonly the laws address the type of requests businesses can expect to address and the timeline for which they will need to respond or fulfill the request. For example, GDPR requires that requests be addressed within one month. CCPA requires requests to be addressed within 45 days – with some exceptions and extensions permitted. Other laws have similar requirements to GDPR and CCPA. Meeting these requirements is important because non-compliance can result in fines and angry customers. Furthermore, failure to meet these requirements is a violation of individual rights. found consumers are likely to exercise their rights around their personal information. 63% reported that they are likely to exercise their right related to GDPR to ask companies to delete their information. However, if your company is unsure of what information it’s collecting, where it lives, and the processes surrounding data use, responding to DSRs will quickly become a burden. Before your team is overwhelmed with DSARs, ensure you have an accurate, centralized data inventory What happens when a data subject requests a copy of their data? grants data subjects the right of access giving individuals a right to obtain confirmation as to whether personal data is being processed about them or to request a copy of that data. Nine state privacy laws (California, Colorado, Connecticut, Delaware, Maryland, Oregon, Tennessee, Virginia, and Utah) also include the As mentioned above, along with the right to request a copy of their data, it’s required by law for organizations to respond to the request within a specific number of days. For example, your organization collects data about customers to enhance the customer experience. If a customer requests a copy of their data, will you know where to find it? If they ask additional questions about their data, will you be able to answer them? Now, what would happen if thousands of customers made this request around the same time? Could your IT department handle that volume of requests? DSARs are just one of the many reasons why your business needs a data inventory. What does data inventory have to do with global business transactions? allows for data transfers to non-EU countries through mechanisms that provide appropriate safeguards. Appropriate safeguards include Binding Corporate Rules (BCRs), Model Contract Clauses (MCCs), also known as Standard Contractual Clauses (SCCs) , and legally binding documents and enforceable instruments between public authorities or bodies. If you’re about to close a global deal and personal data will need to be transferred out of the EU to the US based on a subsidiary that uses a vendor in Asia to process that data. Are any measures in place to ensure your team will not overlook specific requirements as the data travels across countries? International data transfers are a highly discussed topic in data privacy, with many regulations and differing opinions. Even though it’s not explicitly stated in GDPR, companies are required by to produce “records of processing activities” to demonstrate to regulators that the organization is adhering to GDPR. Implement a data inventory process that focuses on how data is collected and why it is collected to respond to both DSARs and maintain privacy law compliance. Documenting the Data Lifecycle The process of documenting this lifecycle is referred to as a data flow analysis or data mapping. Data mapping requires collaboration between those who know where data is at each stage across the enterprise and with third parties. Data lifecycle stages include collection, storage, usage, transfer, processing, and disposal. Comply with data privacy law DSR requirements Ensure understanding of what data you collect and process and where it resides. Establish a process to intake individual rights requests (that is easy on the individual) and ensure this process is well-communicated throughout the organization. A request may come in from many routes, and the person receiving that request needs to understand that a request is being made. Individuals typically won’t understand or use the exact verbiage in the law. Validate the individual’s identity. Once the request is validated, have a process to review it, evaluate the data referenced, the reasons for processing the data, and any exceptions. Have a response process and an appeals process for denied requests. Retain documentation throughout the process. Data Mapping & Risk Manager Automate data mapping and ROPAs to generate data flow maps for compliance. Automate and scale your DSR fulfillment while ensuring compliance with jurisdiction-specific requirements and minimizing risk through built-in privacy features. ==================================================================================================== URL: https://trustarc.com/resource/personally-identifiable-information/ TITLE: PII Data and Compliance Solutions and Services | TrustArc TYPE: resource --- The growing importance of understanding and protecting PII data Organizations have been collecting personally identifiable information about people for as long as anyone can remember. Consumers and businesses have provided information to receive services, process orders, and conduct payments and rarely thought twice. in the past decade, the amount of Personally Identifiable Information (PII) being collected and the number of organizations collecting it has significantly increased. To conduct business today, organizations are collecting and storing consumer and vendor PII across various systems and departments. Meanwhile, hackers, internet scams, and security breaches are becoming ever more prevalent in the news and people’s daily lives. While individuals are often targeted, organizations are a much more desirable target for PII breaches. You may think that this doesn’t apply to your department, or that it’s someone else’s responsibility. But as more data is being collected and used across the organization, the more it becomes every leader’s responsibility to understand PII and the regulations in place to protect it. What is personally identifiable information? While at times this answer is black and white, technology innovations have started to make this area a little less clear. The National Institute of Standards and Technology (NIST) Guide to Protecting Confidentiality of Personally Identifiable Information any information about an individual maintained by an agency, including any information that can be used to distinguish or trace an individual’s identity, and any information that is linked or linkable to an individual with additional information. Name, maiden name, mother’s maiden name, alias Passport #, Social Security #, drivers license #, taxpayer identification # Address (personal or business) Internet Protocol (IP) address or Media Access Control (MAC) address Vehicle registration number, vehicle title number, or vehicle identification number Financial account numbers, credit card numbers Personal Health Information (PHI), patient identification number Biometric records – Personal characteristics, including a photographic image of faces or other distinguishing characteristics, x-rays, fingerprints, or other biometric image or template data (retina scan, voice signature, facial geometry) Other information can also become personally identifiable information when combined with publicly available information used to identify an individual. This data is considered linked or linkable to one of the examples above. When does non-PII become PII? Demographic data: Date of birth, place of birth, religion, weight Behavioral data: Activities, geographical indicators Professional data: Employment/educational information Additionally, organizations may collect information about a data subject that’s not mentioned above. This is where that gray area appears. What about usernames or social media handles? Are those considered PII? Are ‘likes’ and posts and lists of friends considered PII? Will information collected from IoT devices be treated as PII? There are still many unknowns, and it’s wise to seek expert legal advice. It’s also worth mentioning that the various regulations across the globe define personally identifiable information and personal data differently. organizations have much to consider when it comes to classifying and protecting PII. Key PII data compliance responsibilities for businesses Healthcare and financial services organizations are no strangers to responsibilities when it comes to protecting Personally Identifiable Information. However, for many organizations and industries, laws and regulations governing PII have more recently come into play. General Data Protection Regulation ( ): Requires compliance for organizations processing data of EU residents. Personal Information Protection and Electronic Documents Act (PIPEDA): Requires consent for data collection, use, and disclosure in Canada. California Consumer Privacy Act ( ) & California Privacy Rights Act (CPRA): Grants California residents control over their personal data. Massachusetts General Law Chapter 93H : Sets minimum security standards for PII of Massachusetts residents. The growing landscape of PII regulations While this list is not exhaustive, you get an idea of the number of laws and regulations businesses must comply with when handling PII. can result in civil or criminal penalties, skyrocketing fines, and making PII data compliance a critical priority for businesses. Consumers are rapidly becoming more wary of companies collecting their personal data. reveals that 81% of Americans feel as if they have very little or no control over the data companies collect. Furthermore, 81% don’t think the potential benefits outweigh the risks of collecting their data, and 79% are somewhat or very concerned about how companies are using the data they collect These consumer attitudes about businesses are concerning. However, organizations can see this as an opportunity to improve relationships with customers and differentiate themselves from the competition. You have a responsibility to help consumers understand why and how their PII data is being collected – and how to prevent it from being collected. These tips can help you get started. Proactive steps for protecting PII data Beyond compliance: The business advantages of strong PII data management Understanding the personal data your organization collects isn’t just a compliance exercise. You can leverage your data inventory to manage risk, respond to data subject access requests (DSAR), manage international data flows, and govern your privacy program. This information helps improve processes and collaboration across the organization. Data privacy is too important to operate in a silo. Consumers are demanding less invasion of their personally identifiable information, and more transparency from organizations. Companies that are taking these demands seriously benefit from strong customer loyalty and repeat purchase opportunities. Even more so, privacy officers can feel confident their organization is not at risk of penalties and fines. Are you a compliance pro, lawyer, or just curious about privacy? The Privacy PowerUp series is the perfect launchpad for mastering all of the privacy essentials. Sick of your current privacy vendor? Learn why migrating to TrustArc is an upgrade over your current provider and gain insights into the successful, proven, customer migration process. ==================================================================================================== URL: https://trustarc.com/resource/global-privacy-control/ TITLE: Global Privacy Control (GPC): Your Guide to Compliance & Implementation | TrustArc TYPE: resource --- Global Privacy Control (GPC) is a mechanism that allows consumers to easily opt out of the sale or sharing of their personal information across multiple websites, ensuring their data privacy preferences are respected. How does global privacy control work? GPC provides a universal opt-out signal, allowing consumers to express their privacy preferences across all websites they visit. California Consumer Privacy Act (CCPA) and other global privacy laws, recognize GPC signals as a valid expression of consumer privacy preferences. Together, and with other organizations that have followed suit, they have brought privacy rights back to the consumer. Consumers can now control these privacy preferences within their web browsers and apps. This means that instead of consumers opting out of selling or sharing personal information for every website they visit, global privacy control communicates privacy preferences directly to the website visited. It serves as an expression of user intent to invoke their online privacy rights. Background on Global Privacy Control Global privacy control emerged as a response to growing concerns over data privacy and data collection practices. Consumers became increasingly aware of how companies track their online behavior for targeted advertising and other purposes. The origins of global privacy control can be traced back to the shortcomings of the “Do Not Track” (DNT) initiative. Although DNT allowed users to express their privacy preferences, it lacked enforcement, and many websites simply ignored the signal. Unlike DNT, which was merely an optional request, GPC signals are designed to be legally recognized, particularly under global privacy laws like the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). This means that a consumer request to opt out using GPC signal opting carries more weight, as certain jurisdictions require businesses to treat it as a binding preference. How is Global Privacy Control different from Do Not Track (DNT)? Global privacy control (GPC) and Do Not Track (DNT) may seem similar at first glance, but they differ significantly in their effectiveness and legal implications. Limitations of Do Not Track (DNT) DNT was introduced as a browser setting that allowed users to signal their desire not to be tracked. However, it was purely voluntary, and websites were under no legally binding obligation to honor it. Consequently, most websites continued their data collection practices and targeted advertising regardless of the DNT setting. The failures of DNT highlighted the need for a more robust solution, leading to the development of global privacy control. Unlike DNT, GPC signals are recognized under several global privacy laws, making them enforceable in specific jurisdictions. For example, under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), businesses must honor opt out preference signals sent by users. How does global privacy control impact you and your customers? A growing number of organizations, both web browser and browser plugin providers, have adopted GPC and now allow consumers to enable the signal if they want to. Websites should detect and honor this signal. They should receive it as a ‘do not sell or share’ universal opt out mechanism setting and, voilà – the consumer’s information is safe and secure. Xavier Beccera, the former California Attorney General, has referenced global privacy control regarding the California Consumer Privacy Act (CCPA). Does global privacy control have legal implications? The short answer? It depends. GPC on its own does not create any legally binding obligations However, laws in some jurisdictions may mean a consumer’s expression through global privacy control has a legal impact. For example, following the lead of the California Consumer Privacy Act (CCPA), in 2021 Colorado passed the Colorado Privacy Act (CPA) That same year, Virginia passed the Virginia Consumer Data Protection Act (VCDPA). Both go into effect in 2023 and, like the CCPA, they require honoring browser settings and opt-out controls Acts like these continue to be passed in the U.S. and around the world, and that’s great news for privacy and consumer rights. What global privacy control-compliant software should I use? Let’s face it, things change fast in the world of consumer privacy, privacy laws, and data protection. So, how can you and your business stay on top of these ever-changing laws and regulations regarding global privacy control? The easiest way is to implement software that allows for GPC detection. TrustArc (CCM) allows this setting to be enabled in a way that is simple and stress free. This is important for your business but also for your customers, who increasingly expect a seamless and branded consent management experience Ensuring visible user consent goes a long way to building customer trust, confidence and loyalty. Detailed legal implications by region Legal implications of Global Privacy Control (GPC) vary by region, with some jurisdictions requiring businesses to honor GPC signals as legally binding opt-out requests. California Privacy Rights Act (CPRA) Under the California Privacy Rights Act, businesses must honor GPC signals as a valid opt out preference signal. This applies to the sale of their data and sharing with third parties for targeted advertising. The California Privacy Protection Agency enforces these rules. Colorado Privacy Act (CPA) The Colorado Privacy Act also mandates that companies respect GPC signal opting. This law applies to businesses collecting data from Colorado residents, regardless of where the company is based. Connecticut Data Privacy Act Similarly, the Connecticut Data Privacy Act requires companies to acknowledge GPC signals as a form of consumer request to opt out of data collection. Other jurisdictions and global privacy laws Other states are following suit, with global privacy laws evolving rapidly. In some regions, businesses are required to process opt out requests received through GPC signals or browser settings. Non-compliance can lead to legal penalties. Implementing Global Privacy Control for your business Businesses are increasingly wondering how to implement global privacy control effectively. Here’s a step-by-step guide: Enable Global Privacy Control detection: Ensure your consent management platform supports GPC. This involves configuring your site to detect GPC signals and respect opt out preference signals. Process opt out requests: Implement a system to efficiently process opt out requests received via GPC. This includes updating data collection practices and ensuring compliance with consumer privacy act CCPA requirements. Communicate User’s Privacy Preferences: Clearly inform users about how their user’s privacy preferences are being honored. Since GPC emerged, TrustArc’s has expanded its functionality to comply with it. If you’re already using the CCM advanced solution, you can activate GPC functionality now (if you haven’t already). If you aren’t using our solution and would like to learn more about it and how it can support global privacy control and your organization – How soon do I need to take action? Google intends to phase out third-party cookies on Chrome in 2024. Since 65% of browser users use Chrome, this will impact most businesses , you are in good hands. It does not require third-party cookies to work and will remain compliant. TrustArc will also continue to work with industry partners to ensure our products continue to adapt to ongoing changes to the digital landscape. Whats next for Global Privacy Control? Expect continued growth in global privacy laws, with more states adopting regulations similar to the California Privacy Rights Act and the Colorado Privacy Act. Other countries are also exploring similar rules, impacting businesses worldwide. Impact on Digital Marketing Strategies The decline of third party cookies and the rise of GPC signals will reshape targeted advertising. Marketers must adapt by leveraging first-party data and respecting user’s privacy preferences to maintain customer trust. Key global privacy control takeaways By understanding what is GPC and how to implement global privacy control, businesses can not only comply with evolving privacy laws but also build consumer trust. Global privacy control (GPC) allows consumers an easy way to opt out of organizations selling or sharing their personal information under specific privacy laws. A growing number of organizations, both web browser and browser plugin providers, have adopted GPC. allows company websites to detect these browser or plugin settings and offer consumers the opt-out option. ==================================================================================================== URL: https://trustarc.com/resource/washington-my-health-my-data-act-background-brief/ TITLE: Washington My Health, My Data Act: Background Brief | TrustArc TYPE: resource --- Washington State has enacted wide reaching privacy rules in its (House Bill 1155), signed into law on April 27, 2023, by Governor Jay Inslee. Most of the rules described in the Act will be effective in 2024, though applied at different times for covered entities: March 31, 2024 – large businesses; and June 30, 2024 – small-to-medium businesses. The Act was explicitly introduced to give Washingtonians greater protections of their personal health information and more control over personal data usage than those provided by the federal Health Insurance Portability and Accountability Act ( It’s also widely known that the My Health, My Data Act was an implicit and rapid response to the Supreme Court decision on June 24, 2022, in Dobbs v. Jackson Women’s Health Organization. The Dobbs decision removed the federal right for US citizens to access abortions and other reproductive services by overturning Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). By design, My Health, My Data protects Washingtonians’ confidentiality when making decisions about their health and accessing healthcare services. It also offers protections for people who seek access to healthcare services for reproductive and gender-affirming care at clinics in Washington. My Health, My Data: Summary of consumer privacy rights Washingtonians’ privacy rights were asserted in a new section (Sec. 2) to the text of House Bill 1155 (My Health, My Data), when it was sent for vote by the legislature in April 2023: The people of Washington regard their privacy as a fundamental right and an essential element of their individual freedom Washington’s Constitution explicitly provides the right to privacy Information related to an individual’s health conditions or attempts to obtain healthcare services is among the most personal and sensitive categories of data collected. Health information privacy rights were spelled out in a new section (Sec. 3), which sets out the intent of the Act to “provide heightened protections for Washingtonian’s health data”: Right to opt-in or withdraw consent and right to know – “requiring additional disclosures and consumer consent regarding the collection, sharing, and use of such information” Right to delete – “empowering consumers with the right to have their health data deleted” Right to opt-out of sale – “prohibiting the selling of consumer health data without valid authorization signed by the consumer” Right not to be located or identified/tracked at a location – “making it unlawful to utilize a geofence around a facility that provides health care services”; and in Sec 10: “It is unlawful for any person to implement a geofence around an entity that provides in-person health care services where such geofence is used to: (1) Identify or track consumers seeking health care services; (2) collect consumer health data from consumers; or (3) send notifications, messages, or advertisements to consumers related to their consumer health data or health care services”. These privacy rights are further strengthened in other sections which describe similar rights to those spelled out in the California Consumer Privacy Act Right not to be discriminated against/non-retaliation – “A regulated entity or a small business may not unlawfully discriminate against a consumer for exercising any rights included in this chapter” (Sec. 5 1d) Right of private action – consumers along with the Attorney General can initiate enforcement actions for any violation deemed an unfair or deceptive act in trade or commerce. The My Health, My Data Act adds to the huge list of activities enforced under Washington’s Unfair Business Practices–Consumer Protection laws, with health data violations overseen by a joint committee (detailed in Sec. 13 of My Health, My Data text). Whose personal health information is covered by the Act? The definition of a “Consumer” in Washington’s My Health, My Data Act is very broad. A new section (Sec. 3. (7)) in the text states “Consumer” means: (a) a natural person who is a Washington resident; or (b) a natural person whose consumer health data is collected in Washington. “Consumer” means a natural person who acts only in an individual or household context, however identified, including by any unique identifier. The one exclusion noted is: Consumer does not include an individual acting in an employment context. So, while the overall stated intention of the Act is to “provide heightened protections for Washingtonian’s health data,” it could potentially also cover people living elsewhere if their personal health information is collected at any point by any organization in Washington. What personal information is covered by the Act’s definition of consumer health data? The authors of the My Health, My Data text have seemingly aimed to cover as many data categories as possible under the Act. An incredibly broad definition appears in Section 3, (8)(a): “Consumer Health Data” means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status. This definition is followed in Section 3, (8)(b) by a long list of 13 examples of how consumers’ physical or mental health statuses could be identified, several of which are further defined elsewhere in the text. But the list is not exhaustive – the authors have included a strong qualifier that it is not limited by these examples. The main categories of data considered to be health data are: Data collected through health assessments – (i) individual health conditions, treatment, diseases, or diagnosis; (v) bodily functions, vital signs, symptoms, or measurements of information described in the list; (vi) diagnoses or diagnostic testing, treatment, or medication; (xii) data that identifies a consumer seeking health care services Data collected during management of health concerns – (iii) health-related surgeries or procedures; (ii) social, psychological, behavioral, and medical interventions; (iv) use or purchase of prescribed medication; (xii) data that identifies a consumer seeking health care services Data collected at any stage of gender-affirmation – (iii) health-related surgeries or procedures; (vii) gender-affirming care information; (xi) precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies; (xii) data that identifies a consumer seeking health care services; (xiii) any data derived or extrapolated from nonhealth information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning) Data related to reproductive and sexual health (including information related to abortion) – (iii) health-related surgeries or procedures; (viii) reproductive or sexual health information; (xi) precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies; (xiii) any data derived or extrapolated from nonhealth information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning) Data collected that contains unique biological identifiers such as genetic data (x) and biometric data (ix) – biometric data is further defined in Sec. 3 (4) as data that is generated from the measurement or technological processing of an individual’s physiological, biological, or behavioral characteristics and that identifies a consumer, whether individually or in combination with other data. Among common biometrics such as iris/retina, fingerprint and face imagery the definition also includes measures of movement that contain identifying information, such as human interaction with computer systems (keystroke patterns or rhythms) and walking (gait patterns or rhythms) Data collected about activities related to health – this definition may raise some major concerns as it mentions user experience tracking data: (xiii) any data derived or extrapolated from nonhealth information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning). Exceptions for health information under HIPAA and other laws The main exceptions are for health data covered by other laws. Section 3 (c) notes “Consumer health data” does not include: Protected health information that is subject to HIPAA Personal health information used to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest (provided it meets other ethics, privacy and government oversight laws) Clinical trial information (provided it meets all applicable laws for clinical trials). My Health, My Data, My Goodness – The new WA law Washington MHMDA Obligations Read the accompanying article in this series: Washington My Health My Data Act: Obligations ==================================================================================================== URL: https://trustarc.com/resource/washington-my-health-my-data-act-obligations/ TITLE: Washington My Health My Data Act: Obligations | TrustArc TYPE: resource --- was signed into law on April 27, 2023, by Governor Jay Inslee and comes into effect on two key dates: March 31, 2024 – large businesses June 30, 2024 – small businesses The Act requires all organizations defined as a ‘Regulated Entity’ to meet extensive obligations including a new privacy notice and processes for managing consumer consent (opt-in). Consumer health data privacy notice A major obligation under Washington’s My Health My Data law is for organizations to update their privacy policies and notices before the Act comes into effect. A separate Consumer Health Data Privacy Notice must be published by the effective dates of the Act (above). The text of the Act does not give much guidance on how organizations should manage a distinct Consumer Health Privacy Policy, though the Consumer Health Data Privacy Notice must be separate from the standard Privacy Notice and a link clearly and prominently displayed on an organization’s website homepage. This new privacy notice must state: categories of consumer health data collected – and the purposes for collection; categories of consumer health data shared – and the purposes for sharing, accompanied by a list of third parties and affiliates with whom the regulated entity shares consumer health data; data sources from which consumer health data is collected – categorized extensively, including by type and location; and information on how consumers can exercise their privacy rights – including legal requirements for organizations to get their opt-in consent for collection, sharing and/or sale of their consumer health data outside what is strictly necessary to deliver a product or service (and act on withdrawal of consent); and the right to know, access, correct or delete their personal health information. Addressing consumer requests Regulated entities must comply with consumer requests to exercise any or all of their privacy rights. The only delay accepted is when a consumer requests deletion of their health data stored in a backup system, and the delay must not exceed six months from the date of the request’s authentication. TrustArc Lawyer, Andrew Scott, warns the right to delete is all-encompassing: “We should interpret the right to deletion is absolute and an organization must delete the data even if they would violate tax reporting obligations (for example) and except for security. The right to delete covers all copies of data stored in backups, archives and third parties – there is no common exception to comply with consumers’ right to delete beyond a normal basis. Organizations will be required to make modifications to compliance programs and decide which law will be violated.” Consumer health data opt-in consents for collection and sharing Regulated entities must get separate opt-in consents from consumers before collecting or sharing any consumer health data for any purpose not directly related to providing a product or service requested by a consumer – these consents must be separate. Organizations are allowed to collect and share some consumer health data without consent, but only what is strictly necessary to deliver a service or product – not any extra data for other purposes. The My Health My Data Act text in Sec 2 (27 a) defines “share or sharing” as meaning: “to release, disclose, disseminate, divulge, make available, provide access to, license, or otherwise communicate orally, in writing, or by electronic or other means, consumer health data by a regulated entity or a small business to a third party or affiliate.” Exclusions apply for some sharing of consumer health data: disclosure to a processor when the data shared is necessary to provide the goods or services requested by the consumer, in a manner consistent with the purpose of collecting the data that was disclosed to the consumer; disclosure to a third party with whom the consumer has a direct relationship – and only when: (a) the consumer health data disclosed is for purposes of providing the product or service requested by the consumer; (b) the regulated entity/small business maintains control and ownership of the consumer health data; and (c) the third party uses the consumer health data only at the direction of the regulated entity/small business and consistent with the purpose for which the data was collected and consented to by the consumer; disclosure or transfer of personal data to a third party as an asset in a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the regulated entity’s/small business’s assets and complies with the requirements and obligations for consumer health data in the Act. Valid authorization to sell consumer health data Regulated entities must also get a more detailed form of consent – valid authorization – before selling (or making available for sale) any consumer health data. A valid authorization must include: details of the consumer health data intended for sale; consumer’s signature (authorizing the sale); date the consumer authorized the sale – and a one-year expiration date; and contact information for each of the organization/s or person/s collecting, selling or buying the consumer health data. The My Health My Data Act text in Sec 2 (26 a) defines “sell or sale” as meaning: “the exchange of consumer health data for monetary or other valuable consideration”. Exclusions apply for consumer health data sold to: a third party as an asset in a merger, acquisition, bankruptcy or other transaction (and the same requirements and obligations for third parties as those for shared data in such cases); or a processor when the exchange is consistent with the purpose for which the data was collected and consented to by the consumer. Binding contracts with service providers Regulated entities under the Act must enter binding contracts with any service providers, which must include: instructions for how a provider can process consumer health data consistent with the contract; limits on what actions a provider may take with the consumer health data; and a requirement for the processor to help fulfill the regulated entity’s obligations under the Act. Note: Sec 8 (1 c) warns that if a service provider fails to correctly follow a regulated entity’s instructions in their contract, or processes data in a manner outside the scope of their contract, the service provider will be considered a regulated entity/small business under the Act and subject to the same obligations. Prohibits on the use of geofences The Act states in Sec 10: “It is unlawful for any person to implement a geofence around an entity that provides in-person health care services where such geofence is used to: identify or track consumers seeking health care services; collect consumer health data from consumers; or send notifications, messages, or advertisements to consumers.” The Act requires regulated entities to “preserve the integrity or security of systems” “protect against or respond to security incidents, identify theft, fraud, harassment, malicious or deceptive activities,” or any illegal activity under Washington state of federal law. Data security policies, practices, and processes must be established and maintained to restrict access to consumer health data so it can only be used by employees, processors, or contractors for intended and declared purposes which the consumer has requested and consented to – or for purposes strictly necessary to provide a requested service or product. My Health My Data Act (Sec 7 (1 b) states data security must “at a minimum, satisfy reasonable standard of care within the regulated entity’s/small business’s industry to protect the confidentiality, integrity, and accessibility of consumer health data appropriate to the volume and nature of the consumer health data at issue.” My Health, My Data, My Goodness – The new WA law Washington MHMDA Implications Read the accompanying article in this series: Washington My Health My Data Act: Implications ==================================================================================================== URL: https://trustarc.com/resource/webinar-state-of-state-privacy-laws/ TITLE: State of State Privacy Laws TYPE: resource --- State of State Privacy Laws The U.S. data privacy landscape is rapidly proliferating, with 20 states enacting comprehensive privacy laws as of November 2024. These laws cover consumer rights, data collection and use including for sensitive data, data security, transparency, and various enforcement mechanisms and penalties for non-compliance. Navigating this patchwork of state-level laws is crucial for businesses to ensure compliance and requires a combination of strategic planning, operational adjustments, and technology to be proactive. Join leading experts from for an insightful webinar exploring the evolution of state data privacy laws and practical strategies to maintain compliance in 2025. This webinar will review: A comprehensive overview of each state’s privacy regulations and the latest updates Practical considerations to help your business achieve regulatory compliance across multiple states Actionable insights to future-proof your business for 2025 This webinar is eligible for 1 CPE credit. Privacy Knowledge Lead, Law Library, TrustArc Global Privacy Manager, TrustArc Director for U.S. Legislation, Future of Privacy Forum Co-Chair, Privacy and Data Security Group, Venable ==================================================================================================== URL: https://trustarc.com/resource/new-hampshire-consumer-expectation-of-privacy-act/ TITLE: New Hampshire Consumer Expectation of Privacy Act | TrustArc TYPE: resource --- Are you New HampSURE you’re ready for the new NH Privacy Act? New Hampshire became the 14th state to enact a comprehensive consumer privacy law when Governor Chris Sununu signed SB 255-FN (“An Act relative to the expectation of privacy”) into law on March 6, 2024. The Act delivers many of the privacy protections consumers have in other U.S. states that have already introduced similar data privacy laws, including rights to request access to their personal data records held by controllers and have those records corrected and/or deleted, as well as opt-out from having their personal data sold or used for targeted advertising. Also known as the New Hampshire Consumer Expectation of Privacy Act (NHPA), the state’s privacy law is enforceable from January 1, 2025. Controllers must honor opt-out requests by no later than January 1, 2025. Key dates: New Hampshire Consumer Data Privacy Law New Hampshire expectation of privacy: Consumer personal data rights SB255-FN / the New Hampshire Act relative to the expectation of privacy “an individual who is a resident of this state” and just like many other U.S. state data privacy laws (apart from those in ), the definition of a consumer excludes individuals “acting in a commercial or employment context.” The text of the Act defines personal data as “any information that is linked or reasonably linkable to an identified or identifiable individual.” “de-identified data or publicly available information.” New Hampshire residents – along with parents/guardians on behalf of their children and conservators/guardians of consumers subject to protective arrangements – can exercise their personal data privacy rights by contacting each controller via “a secure and reliable means established by the secretary of state and described to the consumer in the controller’s privacy notice.” By January 1, 2024, controllers must also honor verified consumers’ opt-out requests signaled via browser extension or device settings such as Global Privacy Control (GPC). The ‘expectation of privacy’ rights for consumers in New Hampshire include: Right to confirm (right to know) whether a controller is processing their personal data and their personal data about them held by a controller, “unless such confirmation or access would require the controller to reveal a trade secret.” Right to correct inaccuracies in their personal data, “taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.” personal data provided by or about the consumer. Right to obtain a copy (portability) of their personal data processed by the controller. Controllers must provide the consumer with a copy of their personal data “in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided such controller shall not be required to reveal any trade secret.” Right to opt-out from the processing of their personal data for the purposes of targeted advertising, sale of personal data (the text also refers to controller responsibilities under NH 507-H:6, which prohibit controllers from selling personal data consumers aged 13 to 16 without the consumer’s consent) or personal data used for “in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.” controllers are not required to authenticate opt-out requests, but may deny any requests they believe are fraudulent, provided they send notices to the people who made the requests. Right to non-discrimination for exercising consumer rights – this right is listed in the same subsection as the opt-out right. Prohibited forms of discrimination mentioned include “denying goods or services, charging different prices or rates for goods or services or providing a different level of quality of goods or services to the consumer.” Controllers must respond to New Hampshire consumers’ personal data rights requests within 45 days. A controller can extend the period to process the requests by 45 more days (considering their complexity and number), but the consumer must first be told the reason for the extension within the initial 45 day period. Consumers must be informed of a decision to decline the rights request within 45 days, and be given a justification for the decision along with instructions on how to appeal. Consumers are allowed to make such requests free of charge once in any 12-month period; while controllers may charge “a reasonable fee” to cover the administrative costs or responding to consumer requests the controller can demonstrate are “manifestly unfounded, excessive or repetitive.” Sensitive personal data requirements New Hampshire’s data privacy law prevents controllers from processing a consumer’s sensitive personal data unless they’ve first obtained the consumer’s consent (opt-in). This provision is in line with sensitive data privacy protections in other state’s similar laws and includes a requirement for controllers to comply with the federal Children’s Online Privacy Protection Act (COPPA) when processing the sensitive data of a known child. Any personal data collected from a known child is classified as sensitive data. New Hampshire SB255 privacy law defines ‘sensitive data’ for adults as personal data that reveals a consumer’s: Mental or physical health condition or diagnosis Citizenship or immigration status Genetic or biometric data (“for the purpose of uniquely identifying an individual”); and/or Precise geolocation within 1750 feet (excluding “the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility”). Applicability: Who must comply with New Hampshire SB255 Privacy Law? The compliance requirements of New Hampshire’s privacy law apply to any person who conducts business in New Hampshire or produces products or services targeted to residents of New Hampshire during a one-year period: Controlled or processed the personal data of 35,000 or more unique consumers. However, this threshold excludes “personal data controlled or processed solely for the purpose of completing a payment transaction.” Controlled or processed the personal data of 10,000 or more unique consumers and derived more than 25% of their gross revenue from the sale of personal data. Exempted organizations and data under New Hampshire Privacy Law The New Hampshire Privacy Law includes exemptions similar to those under other state consumer privacy laws, such as organizations regulated by , and personal information regulated by Controllers and processors that comply with the verifiable parental consent requirements of the Children’s Online Privacy Protection Act (COPPA) shall be deemed compliant with any obligation to obtain parental consent. New Hampshire Privacy Law compliance requirements Under New Hampshire’s data privacy law, controllers must comply with the following requirements related to the collection and processing of personal data: Limit the collection of personal data to what is adequate, relevant and reasonably necessary to the disclosed purposes for which the data is processed Obtain the consumer’s consent before processing their personal data for other purposes that are neither reasonably necessary to, nor compatible, with the disclosed purposes – this consent requirement also applies to the processing of personal data for sale or for the purposes of targeted advertising or profiling, and the processing of sensitive data – or in the case of a known child, the controller must process such data in compliance with COPPA Not process personal data in violation of state and federal laws prohibiting unlawful discrimination against consumers Support consumers’ right to revoke consent to selected data collection and processing activities by providing an effective mechanism that is at least as easy to use as the mechanism by which the consumer provided their consent – and when a consumer exercises this right, stop processing the data as soon as practicable and at least within 15 days of consent being revoked sells personal data to third parties or processes personal data for targeted advertising and if so, provide a clear and conspicuous link on the controller’s website to a page that enables a consumer or an agent acting on their behalf to opt-out of the target advertising of sale of the consumer’s personal data. universal opt-out signals (e.g., ) must be honored by January 1, 2025. Controllers must also comply with the following Establish, implement and maintain reasonable data security practices to protect the confidentiality, integrity and accessibility of personal data appropriate to the volume and nature of the personal data at issue Conduct and document a data protection assessment for each processing activity that presents a heightened risk of harm to the consumer including: – processing of sensitive data – processing of personal data for the purposes of targeted advertising or profiling. Privacy notice requirements in New Hampshire Controllers must provide consumers with a privacy notice that is reasonably accessible, clear and meaningful, which meets the “standards established by the secretary of state”) and includes: Categories of personal data processed by the controller Purpose for processing personal data How consumers may exercise their consumer rights, including how a consumer may appeal a controller’s decision about a consumer rights request; Categories of personal data shared by the controller with third parties (if any) Categories of third parties (if any) with which the controller shares personal data and An active email address or other online mechanism the consumer may use to contact the controller. New Hampshire Privacy Act processor responsibilities Processors must adhere to the instructions of a controller and assist the controller in meeting the controller’s obligations, taking into consideration the nature of processing and the information available to the processor to: Fulfill the controller’s obligations to respond to consumer rights requests Ensure security of processing personal data Notify a breach of security or breach of the processor’s system/s and Provide information needed by the controller to conduct and document data protection assessments. A controller and a processor must enter a binding contract governing the processor’s data processing procedures performed on behalf of the controller that clearly details instructions for: Processing data and the nature and purpose of processing Type of data subject to processing Duration of processing and Rights and obligations of both parties. The contract must also require the processor to: Ensure each person processing personal data is subject to a duty of confidentiality with respect to the data When directed, delete or return all personal data to the controller at the end of the provision of services – unless retention of personal data is required by law When reasonably requested, make available to the controller all information necessary to demonstrate the processor’s compliance with New Hampshire’s data privacy law After providing the controller an opportunity to object, engage any subcontractor under a written contract requiring the subcontractor to meet the processor’s obligations with respect to personal data and Allow and cooperate with reasonable compliance assessments, and provide a report of such assessment to the controller on request. These assessments can be conducted by the controller, an assessor designated by the controller or a qualified and independent assessor arranged by the processor, and must use an appropriate and accepted control standard or framework and assessment procedure. New Hampshire Privacy Act notice and enforcement In New Hampshire the state’s Attorney General has exclusive authority to enforce violations of the Act. Consumers do not have a private right of action. For the first year the Act is in force – from January 1 to December 31, 2025 – before the Attorney General initiates any action for violation of the Act, the AG shall: Issue a notice of a violation to a controller if the AG determines that a cure is possible Give the controller up to 60 days to cure the violation and Bring an enforcement action if the controller fails to cure the violation. From January 1, 2026, the New Hampshire Attorney General may consider whether to grant a controller or processor the opportunity to cure an alleged violation of the Act based on several factors, including: Size and complexity of the controller or processor Nature and extent of the controller’s or processor’s processing activities Substantial likelihood of injury to the public Safety of persons or property and Whether the alleged violation was likely caused by human or technical error. Penalties are not specified in the text of the New Hampshire Consumer Expectation of Privacy Act, although it does state that a violation “shall constitute an unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state under RSA 358-A:2.” New Hampshire Regulation of Business Practices for Consumer Protection Manage essential processes to achieve cookie compliance with state and international privacy laws. Stay up to date on hundreds of global privacy laws, regulations, and standards. ==================================================================================================== URL: https://trustarc.com/resource/pii-data-personally-identifiable-information/ TITLE: PII Data: Implications for your Business Goals | TrustArc TYPE: resource --- All organizations collect various types of data (information), including personally identifiable Information ( ). PII data can be sensitive or non-sensitive, and more often than not, is called by employee mistakes as well as a target in a data breach. In some situations, these data breaches get exposed on the Dark Web. you’ve likely received some type of alert that information like your email address or telephone number has been exposed in a data breach. This is often just the tip of the iceberg regarding the consequences of PII data getting into the wrong hands. If regulators can track down the source of the breach there are often penalties and financial consequences for businesses. Additionally, when PII data is exposed, consumers lose trust in the organization that didn’t properly protect that information from both internal mishandling or external bad actors. What is personally identifiable information (PII) data? As technology progresses, some argue that the definition of Personally Identifiable Information (PII) must progress as well. is any information about an individual that can be used to identify that individual, including information that can be combined with other personal or non-information to identify the individual. The National Institute of Standards and Technology (NIST) “information that can be used to distinguish or trace an individual’s identity – such as name, social security number, biometric data records – either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (e.g. data and place of birthday, mother’s maiden name, etc.).” PII data includes religion, geographical indicators, employment information, personal health information, and behavioral characteristics such as activities and schools attended. In some situations, IP addresses, passport or license numbers, and financial account numbers, combined with other data points further enrich an individual’s “online” profile.personal data As more data types are introduced, more questions about how to define PII data arise. Are usernames or social media handles PII? Is information collected by cars and IoT devices treated as PII? The answers to these questions have important business implications to consider. Misusing or mishandling PII data can be costly both financially and particularly when consumer trust is lost. Personally identifiable information vs. personal data While Personally Identifiable Information and Personal Data may seem similar, they’re not the same thing. The GDPR doesn’t use the term Personally Identifiable Information and instead uses the term Personal Data. As defined in the GDPR, personal data is “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;” The European Commission provides Identification card numbers Health data (prescriptions, mental health) Financial data (bank accounts, credit cards) The advertising identifier of your phone Data held by a hospital or doctor While both PII and Personal Data include common data attributes(names, email, home, passports, and license/identification card numbers), personal data explicitly covers a few categories PII data leaves out(cookie ID, the advertising identifier of your phone (device ID), location data). At a higher level, PII is used to distinguish an individual, and personal data includes any information related to the individual, whether it identifies them specifically or not. Specifically, this data is considered to be PII: Name, maiden name, mother’s maiden name, alias Passport #, Social Security #, Drivers License #, Taxpayer Identification # Address (personal or business) Vehicle registration number, vehicle title number, or Vehicle Identification Number Financial Account Numbers, Credit Card Numbers Personal Health Information (PHI), Patient Identification Number Biometric Records – Personal characteristics, including a photographic image of faces or other distinguishing characteristics, x-rays, fingerprints, or other biometric image or template data (retina scan, voice signature, facial geometry) Other information can also become PII when combined with publicly available information used to specifically “identify” an individual. This data is considered linked or linkable to one of the examples above. For example, non-PII that can become PII under certain conditions: Internet Protocol (IP) address or Media Access Control (MAC) address Employment or Educational Information, such as where someone works, worked in the past, or where they attended school Sensitive PII is information that, when disclosed, would jeopardize one’s individual rights and thus result in some harm to the individual. This includes financial information (like credit card numbers), health information, criminal records, and the like. Depending on the jurisdiction, some PII may have greater sensitivity. Under GDPR these data are classified as special category data (race, ethnicity, political opinions, religion, etc.) and warrant the highest level of security, integrity, and explicit consent to be “processed.” It’s important to note that while all sensitive PII IS PII, NOT all PII is considered sensitive . But no matter the type, safeguarding PII data is vital to maintaining privacy and trust. PII in the context of cybersecurity Cybercriminals use simple phishing, vishing, and smishing scams to gain access to one’s PII. Furthermore, Cybercriminals know that PII data gets them one step closer to their ultimate goal of one’s SPI (which has significant value in the Dark Web). Despite increased cybersecurity technology, cybercrime continues to mount as more data is shared due to the benefits of the Internet of Things. Moreover, the exponential growth and ubiquitous access to AI have increased cybercrime’s sophistication. This in turn has increased the risk of internal or external data breaches. Therefore, taking measures to secure one’s PII from the outset is critical to breaking this vicious cycle. The Impact of PII Data on Identity Theft Identity theft occurs when criminals use PII data to impersonate individuals, again for financial gain. By accessing PII data, a criminal could open up new credit card accounts, apply for loans, or even file fraudulent tax returns in your name. One infamous example of such a case is the Equifax data breach in 2017 , where the personal information of 147 million people was exposed, leading to widespread identity theft. More recently, there have been several notable breaches : In 2023, the genetics testing company 23andMe was hacked causing the exposure of genetic information and PII of 6.9 million people. Earlier in 2023, Progress Software’s MOVEitTransfer enterprise file transfer tool was exploited causing a ripple effect of over 2,000 organizations reportedly being attacked and data thefts affecting 62 million people and counting. Top considerations for protecting PII Protecting PII data is more than just a best practice—it’s a necessity. Here are eight proactive steps you can take to emphasize PII protection: Establish a Data Privacy and Security Program: Build a Program that fosters collaboration between privacy compliance and infosec teams and ensures support from senior leadership. Only collect PII you need to complete the intended purpose and when the purpose is over permanently purge from the environment (including backup systems). Know Your Data and Risks: Understand what PII data you collect, where it’s stored, who has access, and how it’s used and shared. Only give access to PII data to those who need it to perform their job function. Keep all your devices, including smartphones, computers, and tablets, up to date with the latest software and security patches. Ensure everyone in your organization understands their role in protecting PII data and provide specific job training for those “processing” PII. Stay Compliant and Vigilant: Follow relevant privacy laws and regulations, and keep your policies and procedures up-to-date; Conduct ongoing system penetration testing to ensure data security Prepare for Data Incidents: Have a plan for dealing with data incidents and breaches, including notification procedures; Consider performing breach simulation exercises annually to remain vigilant and ready to act in extreme circumstances. Get support to protect your business PII data Protecting PII data is not just about compliance—it’s about safeguarding trust, privacy, and your reputation. As privacy professionals, it’s our responsibility to ensure that PII data is treated with the respect it deserves. TrustArc is a partner in this journey, offering expert guidance and cutting-edge solutions in PII data protection. ==================================================================================================== URL: https://trustarc.com/resource/ux-dark-patterns-consent-data-collection/ TITLE: Policy Briefing: UX Dark Patterns in Consent and Data Collection | TrustArc TYPE: resource --- Advertising standards traditionally focused on what companies can and can’t claim about their offerings. Now they’re just as focused on privacy as consumer rights, thanks to the ubiquitousness of omnichannel commerce and the many ways companies collect personal information. While consumers are generally aware when they’re being sold to online and off, they don’t always know what they’re really paying or signing up for. User experience (UX) design has become trickier to navigate. Conceptually, UX is meant to focus on the user’s needs. As UX-pioneer Peter Morville explained 20 years ago with his User Experience Design Honeycomb , good UX should make products, services and systems useful, usable, desirable, findable, accessible, credible, and – most importantly – valuable. His thinking was that when companies address most or all those needs, they’ll win and keep more customers. But these days it seems many companies are focusing more of their UX efforts on ‘dark patterns’ designed to generate quick wins for themselves, rather than addressing consumer needs. A Reuters report on July 30, 2021, flagged dark patterns as a new frontier in privacy regulation , noting: “In the tech industry, it has become commonplace to measure product success through user engagement,” with the reporter arguing this “led to a singular business focus on growth at all costs, which as a result may gloss over or even incentivize use of manipulative practices in such pursuit”. This kind of mainstream media reporting on dark patterns in recent years shows just how prevalent dark patterns in UX have become – but in some places at least, the law is beginning to catch up. Manipulative UX practices – dark patterns – typically keep users in the dark about what’s happening during online interactions. So, consumers might not be aware their privacy, online safety and/or consumer rights have been violated until after they experience harm, such as financial losses. examples of dark patterns identified by Australian consumer advocacy organization Choice include: – pre-selected add-ons (for example, extended warranties) automatically added to a user’s online shopping cart along with their purchase choice/s, which aren’t revealed until checkout. The user must then identify and remove any add-on costs they didn’t choose earlier in the transaction. Forced continuity, roach motels, and ‘Hotel California’ tactics – complex and confusing navigation processes that make it very difficult to opt-out of marketing or collection of personal data, or very challenging to cancel an automatically charged paid subscription after a ‘free trial’. (‘You can check out any time you like but you can never leave.’) – messages using double negatives and other confusing words designed to trick users into confirming a choice they might not otherwise want to make. This trick often also makes the alternative options unclear or hard to find. For example, making the choice to consent to collection of personal information a simple ‘accept all,’ while other options are confusing or require reading through convoluted forms to unselect multiple options. Scarcity cues and deception – displaying supposedly real-time messages generating a sense of urgency to pay for items before they run out (or disappear). For example, countdown timers showing a sale will end soon, or messages about scarce online game items that will help players level up (or survive a round) only available for a limited time. Data grabs and default permissions – pre-setting privacy controls to be more permissive or potentially less safe options by default; or forcing users to share more personal information upfront (such as completing a detailed customer profile) before they can access a website, game, or service. Key privacy and consumer rights laws prohibiting dark patterns The Federal Trade Commission (FTC) Act The FTC frequently alerts consumers when consumer protection rules are at risk. On September 15, 2022, it raised the alarm about dark patterns in a staff report titled Bringing Dark Patterns to Light The report reiterated the FTC’s commitment to combatting “tactics designed to trick and trap consumers,” including digital design features and functions that can “trick or manipulate consumers into buying products or services or giving up their privacy.” Federal Trade Commission Act prohibits unfair or deceptive ecommerce practices and tactics, and rules, acts, or practices are unfair if they “cause or are likely to cause substantial injury to consumers that consumers cannot reasonably avoid themselves and that is not outweighed by countervailing benefits to consumers or competition.” Restore Online Shoppers’ Confidence Act prohibits any post-transaction online third-party seller from “charging any financial account in an Internet transaction unless it has disclosed clearly all material terms of the transaction and obtained the consumer’s express informed consent to the charge. The seller must obtain the number of the account to be charged directly from the consumer.” California Privacy Rights Act (CPRA) California Privacy Rights Act amendments to the California Consumer Privacy Act (CCPA) introduced several obligations for businesses, service providers, contractors, and third parties when they collect, manage and/or disclose personal information (including sensitive personal information). The CPRA became effective on January 1, 2023, and is enforceable by the California Privacy Protection Agency from July 1, 2023. The CPRA prohibits any “user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making, or choice, as further defined by regulation.” Consent mechanisms must ensure users can make informed choices about exercising their privacy rights, such as opting in or opting out of their personal data to being shared or sold. The CPRA section on consent explicitly states: “Agreement obtained through use of dark patterns does not constitute consent.” Colorado Privacy Act (CPA) , which is effective from July 1, 2023, delivers many of the same personal data privacy rights as the CPRA and places similar privacy protection and user consent obligations on businesses that collect, manage and/or disclose the personal information of people in Colorado. Similarly, it prohibits dark patterns, which are defined in the CPA as “a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making, or choice.” How the FTC is combatting UX dark patterns in the U.S. FTC’s press release on dark patterns Bringing Dark Patterns to Light , mentions examples of cases it has brought against companies for using dark pattern tactics including: The FTC’s biggest dark patterns case so far: Fortnite/Epic Games Soon after publishing the Bringing Dark Patterns to Light report, the FTC pursued a massive case against Epic Games. It charged the maker of popular online game with using “dark patterns to trick players into making unwanted purchases and let children rack up unauthorized charges without any parental involvement.” The FTC reported Epic used a variety of dark patterns in the UX design of Fortnite to drive unintended and unauthorized charges including: Designing a counterintuitive, inconsistent, and confusing button configuration which led players to incur unwanted charges based on the press of a single button. Designing an in-game item purchase system which made it easy for children to buy items while playing, and without requiring any parental consent. The FTC also found Epic violated users’ privacy rights by punishing users who disputed unauthorized charges with their credit card companies by locking them out of their accounts. And in a separate case, the FTC alleged violated the Children’s Online Privacy Protection Rule (COPPA) by collecting personal information from players of Fortnite under 13 years of age without notifying their parents or gaining parental consent. The FTC also alleged Epic Games did not protect children from potential privacy invasions and harm while they played Fortnite because: Voice and text communications were left open and live on-by-default. Children and teens were allowed to be matched with strangers when playing Fortnite. The FTC alleged these default privacy settings in Fortnite caused children and teens to be “bullied, threatened, harassed, and exposed to dangerous and psychologically traumatizing issues such as suicide” while playing matches. And it also alleged some parents’ requests for their children’s personal information to be deleted were significantly delayed (further exposing children to privacy risks) or, in some cases, not honored at all. On March 14, 2023, the FTC announced both cases against Epic Games were finalized , with orders against the game maker totaling $540 million in penalties and enforced actions including: $245 million refund settlement to be distributed by the FTC to Fortnite users tricked by dark patterns into making unintended charges. Ban on dark patterns or other methods of charging consumers for purchases without first getting their affirmative consent. Ban from blocking consumers’ access to their accounts when they dispute unauthorized charges. $275 million penalty to settle FTC allegations Epic Games had violated the COPPA Rule – the largest penalty to date for violating an FTC rule. Updates to privacy settings to comply with the COPPA Rule, including turning off voice and text communications by default for children and teens, and a ban on enabling voice and text communications for children and teens unless parents (of children under 13) or teenage users or their parent give their affirmative consent through a privacy setting. Deletion of all personal information collected from Fortnite users without parental notification and consent (a COPPA violation). Establishment of a privacy program that meets COPPA compliance and prevents the privacy and consumer protection issues identified by the FTC. Enforced regular and independent audits to monitor consumer protection and privacy rights are being met. TrustArc helps make your online offerings ‘dark pattern proof’ We expect many more jurisdictions will soon introduce and enforce new privacy regulations explicitly prohibiting dark patterns and other deceptive user experience design tactics. ==================================================================================================== URL: https://trustarc.com/resource/privacy-leaders-roadmap-first-100-days-at-a-glance/ TITLE: The Privacy Leader’s Roadmap: First 100 Days at a Glance | TrustArc TYPE: resource --- The Privacy Leader’s Roadmap: First 100 Days at a Glance Master Your First 100 Days Your first 100 days as a privacy leader set the stage for long-term success. Whether you’re stepping into a new role or refining your strategy, this comprehensive roadmap breaks down the key phases of leadership —Assessment, Strategy, and Implementation—to help you build trust, ensure compliance, and drive business value. Download this visually engaging infographic for a clear step-by-step guide on how to: ✔ Establish credibility and assess your organization’s privacy posture (Days 1–30) ✔ Align privacy goals with business strategy and mitigate risks (Days 31–60) ✔ Implement policies, roll out training, and foster a privacy-first culture (Days 61–100) Privacy leadership is a competitive advantage. and take control of your first 100 days with confidence. ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-privacy-and-cybersecurity-a-symbiotic-relationship/ TITLE: Data Privacy and Cybersecurity: A Symbiotic Relationship TYPE: resource --- Data Privacy and Cybersecurity: A Symbiotic Relationship In today’s digital age, data has become an organization’s lifeblood. As the use of digital technologies continues to escalate, so do the risks associated with personal data, which continue to grow exponentially as well. To effectively safeguard personal and sensitive information, organizations must understand the intricate relationship between data privacy, cybersecurity, and incident response. Data privacy and cybersecurity are two sides of the same coin. Data privacy focuses on how personal data is to be collected, used, stored, shared and controlled, while cybersecurity aims to protect systems and networks from unauthorized access, digital attacks, malware and data breaches. However, even with the best data privacy and security measures in place, cyber incidents can still occur. A well-prepared incident response plan is crucial for minimizing the impact of a breach and restoring normal operations. Join our experts on this webinar to discuss how data privacy, cybersecurity, and incident response interact and are essential for safeguarding your organization’s digital assets. This webinar will review: How data privacy and cybersecurity intersect How to develop a comprehensive privacy and security strategy to safeguard personal and sensitive information What are suggestions and expectations around incident response This webinar is eligible for 1 CPE credit. Head, Customer Enablement & Principal, Data Privacy, TrustArc Privacy Knowledge Researcher, Ph.D., Cybersecurity Chief Information Security Officer, Acronis ==================================================================================================== URL: https://trustarc.com/resource/5-benefits-of-apec-cbpr-certification/ TITLE: 5 Benefits of APEC CBPR Certification You Should Know About | TrustArc TYPE: resource --- You’ve heard about the APEC CBPR Certification, but what is it? How does it help your business? What are the benefits of APEC CBPR Certification? And is it worth it? Let’s start with the basics. Established in 1989, APEC stands for Asia-Pacific Economic Cooperation . It’s a forum for 21 Pacific Rim member economies that promotes trade, investment, and economic growth throughout the region. Members include all countries with a coastline along the Pacific Ocean, including China, Japan, and the United States. represent over 40% of the world’s population and over 60% of global GDP. Which is significant if you’re operating a global business. People’s Republic of China the United States of America APEC members work together to improve the business operating environment and reduce red tape between these economies. Some of the ways members achieve this include faster customs procedures at borders, more favorable business climates behind the border, and aligning regulations and standards across the region. All economies have an equal say and decision-making is reached by consensus. There are no binding commitments or treaty obligations and commitments are undertaken on a voluntary basis. APEC also supports the multilateral trade negotiations underway in the and complements the goals of the G20. What is APEC CBPR System? CBPR stands for Cross-Border Privacy Rules. And as you may be guessing, the APEC CBPR system seeks to facilitate compliant and safe cross-border data transfers between participating economies. The system is administered by the Joint Oversight Panel and assisted by the CBPR Secretariat to consult with prospective APEC CBPR economies and determine whether an economy satisfies the participation requirements. They also consult with and review applications for prospective Accountability Agents and handle Accountability Agent complaints. The goal of the CBPR system is protect personal information while ensuring the delivery of innovative products without the barriers of different economy’s regulations through voluntary accountability. This system helps establish standards for transferring data cross-border so that personal information is protected, and that the requirements are enforceable if violated in those jurisdictions. It also sets the criteria for bodies to become recognized as CBPR system Accountability Agents, and a process for information controllers to be certified as compliant APEC CBPR system. The CBPR system works to protect personal data by requiring: – economies must demonstrate that CBPR program requirements will be legally enforceable against certified companies. – a company must demonstrate to an Accountability Agent that they meet the CBPR program requirements – companies must implement security safeguards for personal data Consumer friendly compliant handling – collaboration with Accountability Agents to resolve disputes between consumers and certified companies – companies must provide consumers with the opportunity to access or correct their personal data – all participants must agree to abide by the 50 CBPR program requirements Cross-border enforcement cooperation – regulatory authority cooperation on the enforcement of program requirements An APEC economy must demonstrate that it can enforce compliance with the CBPR System’s requirements before joining. There are currently nine participating APEC CBPR System economies: United States, Mexico, Japan, Canada, the Republic of Korea, Australia, Chinese Taipei, and the Philippines. The APEC Privacy Framework Created in 2005 and updated in 2015, the was designed to provide an accountable approach to managing data privacy protection and the flow of personal information across borders. The APEC CBPR system requires participating businesses to implement data privacy policies consistent with the APEC Privacy Framework. The preamble of the updated APEC Privacy Framework states, ”APEC economies realize that a key part of efforts to improve consumer confidence and ensure the growth of electronic commerce and innovation must be cooperation to promote both effective information privacy protection and the free flow of information in the Asia Pacific region, while respecting domestic laws and regulations, applicable international frameworks for information privacy protection, and strengthening information security in the Asia Pacific region.” This framework is based on the OECD’s Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data , which are recognized as the global minimum standard for privacy and data protection. The APEC Privacy Framework establishes a multilateral mechanism that enables Privacy Enforcement Authorities to cooperate in cross-border privacy law enforcement. Cross-border Privacy Enforcement Arrangement (CPEA) Any Privacy Enforcement Authority in any APEC member economy can participate. Any public body that is responsible for enforcing Privacy Law, and has the power to conduct investigations or pursue enforcement proceedings is a Privacy Enforcement Authority. Businesses can demonstrate their adherence to the APEC Privacy Framework by certifying their privacy practices to the following standards: Cross Border Privacy Rules (CBPR) System – which governs “data controller” privacy practices Privacy Recognition for Processors (PRP) System – which governs “data processor” privacy practices You’ll notice the certifications differ based on whether the entity is a data controller or data processor. CBPR certification is currently available to companies headquartered in Japan, Korea, Singapore, and the United States. An independent is needed to certify your organization’s compliance with the CBPR Program Requirements. Applications are sent to APEC-recognized Accountability Agents who will begin the compliance review process to verify compliance with the CBPR system. If an applicant meets the minimum criteria required, the Accountability Agent will be responsible for monitoring its compliance with the CBPR system criteria. This criteria assesses an applicants: Notice of personal information and privacy policies Collection limitations to specific purposes stated at time of collection Use, transfer, and disclosure of personal information Choice for individuals in relation to the collection, use, and disclosure of their personal information Integrity of personal information maintained by the controller Security safeguards to protect individuals’ personal information from loss, unauthorized access or disclosure, or other misuses Access and correction for individuals to update their information when reasonable Accountability to complying with measures that make the other criteria operational While this is just intended to be a summary, you can review the complete APEC Cross-Border Privacy Rules System Program Requirements Five benefits of APEC CBPR Certification Alignment with global frameworks and global trade facilitation An APEC CBPR certification is based on the same principles that inform the OECD Guidelines, the Fair Information Practice Principles, the EU-U.S. Privacy Shield, and the General Data Protection Regulation. As such, a CBPR certification will help align your organization’s policies to various international privacy frameworks. lower the compliance burden and save your employees time to implement a patchwork of privacy regulations If you haven’t started a privacy program yet, completing the necessary actions within the CBPR certification process will create a data privacy roadmap for your business. Using a baseline of standard privacy protections for personal information, businesses can become a trusted entity for protecting consumer data. An APEC CBPR certification makes conducting business in participating economies easier and helps to facilitate the increasing trade relationship between APEC economies. The United States, Mexico, Canada Agreement, which substituted the North America Free Trade Agreement to mutually benefit employees and businesses and grow the North American Economy, also formally recognizes the APEC CBPR System to further facilitate global trade. Using vendors, outsourcing operations, or partnering with APEC economies can reduce your business costs through access to labor, materials, and new supply chains. All of which is beneficial to the growing global economy. Jurisdiction-specific data transfer benefits This cohesive set of privacy rules allows the responsible transfer of data between participating economies. Rather than spending time and money sorting every individual jurisdiction, participants have an approved network for cross-border transfers. The CBPR certification gives companies and employees confidence that the transaction will adhere to data protection standards while eliminating unnecessary burdens In Japan, companies that have a CBPR certification do not have to obtain consent to transfer data to another country, which is otherwise required under Japanese law. An APEC CBPR certification may also make it easier for an organization to obtain approval for its Binding Corporate Rules in the European Union. APEC member Economies and EU officials have been collaborating to promote interoperability between the two regional transfer mechanisms. In-network transactional streamlining If you have an APEC CBPR certification, the privacy practices of your organization will be in line with other CBPR-certified organizations, thereby facilitating transactions between participants. The certification opens businesses up to a wide range of partners and new locations to support your business growth goals. Some of the companies included in the CBPR certification are: Hewlett Packard Enterprise Company International Business Machines Corporation Rackspace Technology Global Inc Create competitive differentiation and increase consumer trust Consumers globally are standing up to companies that don’t establish transparent data practices, or adhere to privacy regulations such as GDPR. Alignment with global privacy frameworks and a certification seal demonstrate that a business values consumer privacy. People still want a relationship with businesses, they just want more control over how their data is collected, used, and shared. Enabling this control generates consumer trust in your business. It helps your marketing and communications teams as well. If consumers can better communicate their preferences to businesses, you can respond with more relevant messages to better meet their needs. Rather than spending time and effort on mass promotions, messages can be more personalized and And because not every business has been forced to catch on (through regulations in their region), consumer first data practices can set you apart from your competition. At least, it’s worked for Apple, anyway. Compliance and resolution efforts Part of maintaining consumer trust is giving data subjects a method for resolving disputes Obtaining a CBPR certification means your Accountability Agent will handle the frontline consumer complaints and dispute resolution. This helps to ensure key issues are addressed before they become larger problems. Facilitate the compliant transfer of data among participating APEC economies TRUSTe, a subsidiary of TrustArc, was unanimously approved to be the first Accountability Agent to certify data transfer practices under the CBPR framework for data controllers and the APEC PRP framework for data processors. First, TrustArc will assess your privacy program’s operations to understand and work with you to remediate any compliance risks. You’ll receive expert guidance through the process with our powerful technology. Based on the information gathered from the assessment, you’ll be guided through the remediation process with support to ensure the required changes are complete. As proof of the TRUSTe Certification, an official Letter of Attestation can be shared with your business partners, providing your organization with competitive differentiation. ==================================================================================================== URL: https://trustarc.com/resource/careers-in-data-privacy/ TITLE: Talent Wanted: Careers in Data Privacy | TrustArc TYPE: resource --- Business leaders are progressively becoming more aware that they need to manage data privacy in their organizations better. Most are feeling pressure to stay on top of compliance with a raft of new privacy laws. Although, some forward-thinking leaders are also beginning to see privacy can be a strong competitive differentiator. Technology companies like Apple are leading the way in some markets, noted TrustArc CEO Chris Babel during a recent industry panel on privacy trends. He pointed to advertising by the tech giant highlighting stronger data privacy as a must-have for its customers – in other words, privacy is a key selling point. Traditionally, privacy was seen as something to be handled by legal teams to ensure compliance. However, as Babel pointed out if businesses want to generate commercial value from their privacy stances, they need to make it a bigger strategic priority. High demand for talent to fill data privacy jobs The challenge for all organizations that want to make data privacy a selling point is securing the talent to fill data privacy jobs, from hiring more data privacy experts into their legal teams to engaging specialist privacy engineers to improve product design and service delivery. TrustArc 2022 Global Privacy Benchmarks Report found most respondents clearly recognized they need more data privacy experts: 42% of respondents see increasing demand for privacy roles in their companies More than two-thirds agree (44%) or strongly agree (27%) their organizations should be doing more on privacy 80% of respondents say they measure privacy, but they’re struggling to translate this into success because there is no clear consensus on methods or KPIs. In-demand data privacy jobs While many of the names for data privacy job titles being advertised in 2023 are fairly new, they still tend to appear under technology, operations, and legal functions: – security advisor IT security and privacy; senior privacy engineer; data protection endpoint security ops; director data architect data security; privacy program manager; privacy analyst data; cyber data protection manager – head of compliance & privacy; operational risk officer privacy; data security business analyst; chief privacy officer Legal/general counsel office – senior privacy counsel; data privacy counsel; senior associate data privacy; public policy manager privacy & cybersecurity. A key trend in these data privacy job descriptions is that you don’t need to be a lawyer to work in data privacy unless you want to be the privacy counsel. advertises a growing number of engineering, product, and design roles , particularly in DevOps and software development. Chief Privacy Officer and Data Protection Officer responsibilities are growing In the U.S., businesses that appoint an executive in charge of data privacy might use a range of job titles, from chief privacy officer to privacy counsel or even privacy leader. Some businesses will also engage a data protection officer (DPO) in-house to manage compliance with the GDPR and related data privacy laws. Or, the DPO role can be contracted to an individual consultant or a specialist organization. Do You Need In-House Privacy Roles in the US? to learn more about whether you need in-house privacy roles. Chief privacy officer job description The chief privacy officer (CPO) role has recently been elevated to the senior executive level as companies grasp its necessary strategic value. The job description of the modern CPO includes: Holding qualifications in law, governance, and/or information security Managing data privacy impact assessments for new cross-border data initiatives Developing strategies and procedures for managing data inventories Directing policies, procedures, and processes to ensure up-to-date compliance with state, federal and international data privacy regulations, including the General Data Protection Regulation (GDPR), the Health Insurance Portability and Accountability Act (HIPAA), the California Consumer Privacy Act (CCPA) and the New York Consumer Privacy Act (NYPA) Educating other executives on the company’s privacy stance and collaborating with senior management and corporate compliance officers to set governance for the company’s privacy program, including ongoing privacy training across the workforce. Data protection officer job description Under the GDPR, businesses that monitor and process EU/UK citizens’ personal data are required to appoint a data protection officer (DPO) with legal expertise. “The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfill the tasks referred to in Article 39.” provides an outline of a data protection officer job description, including: Informing and advising the controller or processor and employees who process data of their GDPR obligations Monitoring personal data protection compliance under the GDPR and other EU/member state data protection provisions and the policies of the controller or processor Providing advice on the data protection impact assessment and monitoring its performance Cooperating with the supervisory authority. Privacy jobs likely to follow growth trends set in cybersecurity There are now plenty of privacy jobs for people with technical and legal experience who might previously have filled data security roles, noted Lauren Reid, privacy and digital ethics consultant at The Privacy Pro, during a July 2022 TrustArc Serious Privacy podcast She admitted she was initially disappointed with how the role was pitched because she wanted a job in the hot cybersecurity space. Still, she’s since enjoyed a fulfilling career specializing in privacy and data protection. Privacy analysts predict data privacy openings will follow a similar path to the cybersecurity job market, where large companies pay chief information security officers and chief risk officers $500,000–$1 million+ compensation packages These offers make it hard for small-to-medium companies to compete for talent even when, on average, they must pay $250,000–$500,000 for their senior cyber and risk executives. By 2025, there are expected to be 3.5 million unfilled cybersecurity jobs In early January 2023, job market analysts reported chief privacy officers in the U.S. are already earning between $162,000 data privacy certifications , education, and the number of years they’ve spent in the profession. How much higher will these compensation packages go? ==================================================================================================== URL: https://trustarc.com/resource/us-consumer-privacy-handbook/ TITLE: US Consumer Privacy Handbook | TrustArc TYPE: resource --- US Consumer Privacy Handbook Guide for US Consumer Privacy Laws From California to Maine, the flurry of US privacy laws makes managing a privacy program increasingly complex. How can you stay up to date with the US laws if you don’t know what’s new and how they compare? This 70-page guide covers what activities, controls, and documentation you should implement, how each law aligns to each other and GDPR and how TrustArc helps support your compliance efforts. Best practice activities to complete – identified by our privacy experts The requirements that align in each major US privacy law How to operationalize these laws ==================================================================================================== URL: https://trustarc.com/resource/sick-of-your-current-privacy-vendor-why-and-how-companies-switch/ TITLE: Sick of Your Current Privacy Vendor? Why and How Companies Switch | TrustArc TYPE: resource --- Sick of Your Current Privacy Vendor? Why and How Companies Switch Upgrade your privacy program with TrustArc Dare to migrate without disruption and harness the strength of our seasoned team! You’ve spent countless hours creating and maintaining your privacy program, but your current vendor is just not working for you anymore with failed implementations, terrible or non-existent support, price hijacking, and incomplete solutions. The prospect of switching seems completely daunting. Just like moving to a new house, you want to ensure your movers are skilled, possess careful attention to detail, and don’t break anything valuable. You want to make sure the same concept applies to your privacy program. Lucky for you, we specialize in flawless transitions, handling data amounts ranging from kilobytes to terabytes. We ensure a perfect replacement for your existing privacy application, providing you the relief and time to focus on strategic aspects of your job. Relax and trust in our proven track record. Our implementation professionals have years of experience managing hundreds of migrations across businesses of all shapes and sizes. While we handle your data migration with utmost precision, we also help you envision and achieve your desired future state, marking your path to greater success. Learn why migrating to TrustArc is an upgrade over your current provider. Gain insight into the proven process TrustArc uses to successfully migrate customers from one privacy vendor to another. Read customer stories from others who have switched vendors and migrated platforms easily. “We switched to TrustArc from OneTrust because of poor support and an inability to get their cookie tool working on our site. Working with TrustArc has, quite literally, been exactly as we hoped. Our Technical Account Manager has been a big part of our success.” – Sean McInnis, Data Protection Officer, New England Journal of Medicine ==================================================================================================== URL: https://trustarc.com/resource/step-by-step-guide-to-ai-compliance/ TITLE: Step-by-Step Guide to AI Compliance | TrustArc TYPE: resource --- Step-by-Step Guide to AI Compliance In a world where AI could either serve humanity or surpass it, your organization’s ability to govern AI is crucial. TrustArc’s Step-by-Step Guide to AI Compliance is your blueprint for maintaining harmony between human ingenuity and artificial intelligence. Whether you’re just integrating AI into your operations or refining your approach, this guide offers the insights and strategies you need to ensure AI remains a tool, not a threat. Understand the AI landscape: Navigate the complex AI regulatory environment, including the AI Act and other key frameworks. Proactive risk management: Learn how to anticipate, assess, and manage Access practical templates, tools, and checklists to ensure your AI governance is robust and future-proof. Benefit from insights and strategies from industry leaders to maintain control over your AI systems. “With the evolving and growing number of AI and privacy regulations and the dynamic nature of organizations, purpose-built technology can help you streamline risk management and prioritization for cost savings, speed, and scale.” ==================================================================================================== URL: https://trustarc.com/resource/california-consumer-privacy-act-updates/ TITLE: What You Need to Know About California Consumer Privacy Act Updates | TrustArc TYPE: resource --- California Consumer Privacy Act (CCPA) was enacted in 2018 and became effective on January 1, 2020. It is one of the most stringent privacy laws in the United States and was the first comprehensive Consumer Privacy Act in the country, which led to a cascade of similar laws across the nation. This law establishes new protections and limitations for the processing of consumers’ personal information, granting them rights such as access, deletion, correction, data portability, and opt-out options. Although it is a California law, any business outside California must also comply if it conducts business with California residents (natural persons). This Act has been amended several times to address operational issues in the original law, expand certain rights and protections, and reflect new developments in the industry, including technological advancements and regulatory trends. Here is a summary of the amendments to the CCPA that have reshaped this Act over the past few years: SB-1121 was not intended to alter the spirit or purpose of the CCPA, but rather to clarify, narrow, and refine its initial provisions, particularly regarding enforcement and scope. It was the first of several amendments leading up to the introduction of the California Privacy Rights Act (CPRA) in 2020, which further expanded and refined the CCPA. The main changes included:​ Limiting the Private Right of Action: SB-1121 restricted the private right of action to instances involving data breaches of unencrypted or unredacted personal information resulting from a business’s failure to implement reasonable security measures. ​ Clarifying Enforcement Authority: The bill affirmed that only the California Attorney General can enforce the CCPA, eliminating the possibility of enforcement by other state or local agencies.​ The amendments clarified that personal information already regulated under federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA) Gramm-Leach-Bliley Act (GLBA) , is exempt from the CCPA provisions.​ Harmonized the CCPA with existing medical rules to ensure it does not apply to medical information governed by the Confidentiality of Medical Information Act (CMIA) , personal health information governed by the HIPAA Privacy and , information deidentified per federal law, information derived from patient information (originally subject to HIPAA, CMIA, the Common Rule), or information collected, used, or disclosed for research purposes (under HIPAA, the Common Rule, or international guidelines, or FDA requirements). Extended exemptions for information collected about communications and transactions with job applicants, employees, owners, directors, officers, medical staff members, and contractors until January 1, 2022. Focused on providing exemptions for employee and job applicant data and limited consumer rights for employees. Refined the definition of “personal information” by removing the “reasonably capable of being associated with” expression to reduce overreach and help organizations in determining what is considered personal information. Exempted de-identified and publicly available data, defined as information lawfully made available from federal, state, or local government records. Created an exemption for vehicle information for warranty/recall purposes. Modified how businesses must offer methods for consumers to submit data requests (e.g., toll-free number or online form). Addressed HIPAA-covered entities and clarified that CCPA doesn’t apply to protected health information. This bill corrects cross-references and drafting errors in the CCPA and is referenced as a clean-up bill. This bill incorporates changes from other bills, including SB 41, AB 874, and AB 25, with broader adjustments throughout the law. The primary focus of this bill was to: for B2B (business-to-business) and employee data; clarify that the CCPA does not apply to de-identified or aggregate consumer information; and refine the definition of publicly available information, ensuring it refers specifically to information lawfully made available from government records. The California Privacy Rights and Enforcement Act of 2020 (Ballot Initiative): The California Privacy Rights Act (CPRA) is an amendment to the CCPA, which combines to form a single data privacy regime in California. The CPRA became effective on January 1, 2023, and is enforceable by the California Privacy Protection Agency starting on July 1, 2023. Some of the more notable changes include: Raised CCPA application thresholds; Added protections for employee personal data rights and B2B (business-to-business) personal data rights for California citizens; Employers were required to establish data collection and privacy protocols by January 1, 2023, to comply with CPRA rules; three new rights for individuals , whether they are covered as consumers, employees, or participants in B2B relationships, including: Right to limit use of sensitive personal information, including limits on how long a company can keep personal information in its records; Right to correct personal information by requesting changes to any of their personal information held in a company’s data records; and Right to opt out of automated decision-making technology. Updates several existing consumer rights already covered by the CCPA, including: Right to know what categories and pieces of personal information are collected, disclosed, or sold by companies and the purpose/s, Right to delete personal information, by requesting permanent removal of personal information from a company’s data records, Right to opt out of the sale or sharing of personal information by a company to any other company, Right of non-retaliation by a company if an individual exercises their data privacy rights. Clarified that information about consumers accessing, procuring, or searching for contraception, pregnancy, or perinatal care is not exempt from CCPA obligations because this information does not pertain to a person being at risk of death or physical injury. Modified the definition of sensitive personal information to include citizenship and immigration status. Modified the definition of sensitive personal information to now explicitly include neural data. This refers to information directly generated from measurements of a consumer’s nervous system activity (central or peripheral) and is not derived from non-neural sources. Specified that personal information can exist in various formats: physical (like paper documents, printed images, vinyl records, video tapes), digital (text, image, audio, video files), and abstract digital (compressed files, metadata, AI systems). This amendment requires organizations that have acquired personal information as part of a merger, acquisition, bankruptcy, or other transaction to respect the individual’s opt-out preferences regarding the sale of their personal data, as provided to the original organization. Your U.S. Privacy Playbook Cut through complexity of U.S. privacy laws. Our Privacy Knowledge Experts break down state-by-state differences, key requirements, and strategic insights to help you stay compliant and in control. Privacy Studio: Compliance Meets Trust ==================================================================================================== URL: https://trustarc.com/resource/brazil-lgpd-accountability-handbook/ TITLE: Brazil LGPD Accountability Handbook | TrustArc TYPE: resource --- Brazil LGPD Accountability Handbook Includes Full Text of the Lei Geral de Proteção de Dados Pessoais (LGPD) On 15 August 2020, the new Brazilian Data Protection Law, the Lei Geral de Proteção de Dados Pessoais (LGPD), will start to apply. The law was signed into force on 14 August 2018, and amended on 27 December 2018. This is yet another big law to comply with, so soon after the EU General Data Protection Regulation (GDPR) has entered into application as well as the California Consumer Privacy Act (CCPA) that went into effect on January 1, 2020. This may seem daunting to many, but it doesn’t need to be. If you have put in place the right accountability mechanisms (or even a more comprehensive privacy program infrastructure to maintain compliance with the GPDR), it may be relatively easy to leverage your work to deal with LGPD compliance, as well as with other laws. In this Handbook, we will show how an accountability approach to privacy management can produce compliance outcomes for both the GDPR and LGPD, and a multitude of other laws with similar compliance obligations, including the CCPA. Enabling the Privacy Office to put in place a structured approach to privacy management Overlap between GDPR, CCPA, and LGPD Suggestions on what policies and procedures might be implemented as part of an ongoing privacy compliance program ==================================================================================================== URL: https://trustarc.com/resource/ultimate-guide-to-simpler-cross-border-data-transfers/ TITLE: Ultimate Guide to Simpler Cross-Border Data Transfers | TrustArc TYPE: resource --- From APEC CBPR to Global CBPR: Your Ultimate Guide to Simpler Cross-Border Data Transfers Simplify Cross-Border Data Transfers In today’s complex regulatory landscape, data privacy protection is essential. Our eBook explores the expansion of APEC’s CBPR system into the global arena. Learn how to enhance data protection and simplify global compliance. Learn how the Global CBPR system expands data transfers beyond APEC economies. Discover how certification can help your organization build trust and mitigate compliance risks. Understand the benefits of Global CBPR and PRP certifications for data controllers and processors. “The Global CBPR system provides a consistent and reliable framework for international data transfers, offering robust data protection across borders.” ==================================================================================================== URL: https://trustarc.com/resource/the-ultimate-guide-to-understanding-managing-online-tracker-technology/ TITLE: The Ultimate Guide to Online Tracker Technology | TrustArc TYPE: resource --- The Ultimate Guide to Online Tracker Technology Effectively manage online trackers to maintain transparency and trust Online tracking technologies shape digital experiences, from personalized ads to security authentication. However, with increasing privacy regulations, organizations must ensure compliance while leveraging these technologies effectively. Ultimate Guide to Understanding and Managing Online Tracker Technology demystifies how trackers work, explores privacy challenges, and offers actionable steps to stay compliant. Whether you’re a privacy, compliance, security, or tech professional, this guide is your roadmap to responsible tracking management. Learn how different tracking technologies work and their role in digital experiences. Stay ahead of evolving privacy laws like GDPR, CCPA, and ePrivacy regulations. Discover strategies for managing tracker vendors and ensuring compliance. “Third-party cookies are just one of many tracking technologies used online. As privacy regulations evolve, organizations must rethink tracking strategies to remain compliant.” — Val Ilchenko, General Counsel and Chief Privacy Officer, TrustArc​ ==================================================================================================== URL: https://trustarc.com/resource/privacy-leaders-survival-guide-first-100-days/ TITLE: Privacy Leader’s Survival Guide | TrustArc TYPE: resource --- The Privacy Leader's Survival Guide: Your First 100 Days From Day 1 to Day 100, Mastering Your Privacy Leadership Role Stepping into a privacy leadership role can feel overwhelming. Your first 100 days are crucial for building credibility, assessing your organization’s privacy posture, and setting a strategy that aligns with business goals. Whether you’re leading privacy at a global enterprise or a fast-moving startup, this guide provides an actionable roadmap to help you succeed. From stakeholder engagement to regulatory compliance and risk mitigation, this is your go-to playbook for making an impact. and take control of your privacy leadership journey. Establishing yourself as a strategic privacy leader from day one. Identifying compliance gaps, evaluating privacy maturity, and creating a roadmap for success. How to develop and execute a privacy program that drives compliance, operational efficiency, and business value. “The first 100 days aren’t just a countdown—they’re a runway. Establish credibility, build momentum, and show that privacy leadership is a strategic advantage.” ==================================================================================================== URL: https://trustarc.com/resource/build-scalable-privacy-program/ TITLE: Build a Scalable Privacy Program Before You Automate TYPE: resource --- From Chaos to Control: Build a Scalable Privacy Program Before You Automate The Blueprint for a Scalable Privacy Program Privacy leaders today face a fast-moving, high-stakes landscape—regulations evolve rapidly, risks intensify, and stakeholders demand transparency. But before you invest in automation, you need a strong privacy foundation. is your roadmap to building a scalable privacy program that can withstand compliance complexities, mitigate risks, and position your organization for long-term success. Learn how to establish leadership buy-in, align privacy objectives with business goals, and implement governance frameworks like the Nymity Privacy Management Accountability Framework™. Download this essential guide to transform your privacy program from a reactive compliance function into a proactive, strategic advantage Establish Leadership and Accountability – Build executive buy-in and create a culture of privacy-first decision-making. Assess Your Privacy Baseline – Identify gaps, document data flows, and prioritize risk-based privacy enhancements. Future-Proof with the Right Technology – Learn when and how to integrate automation like PrivacyCentral to scale your program effectively. “Privacy programs with strong leadership and accountability are 3x more likely to achieve compliance success and mitigate data risks effectively.” – 2024 TrustArc Global Privacy Benchmarks Report ==================================================================================================== URL: https://trustarc.com/resource/managing-privacy-compliance-in-the-cloud-guide/ TITLE: Managing Privacy Compliance in the Cloud | TrustArc TYPE: resource --- Managing Privacy Compliance in the Cloud Privacy compliance is growing more complex. Cloud-based services often play a dual role in data privacy management, determining how personal data is processed and performing the processing of the data. This duality places extra pressure on cloud-based solutions to pay attention to data privacy and accountability or risk significant consequences. Privacy compliance requirements for cloud-based service providers How to establish and maintain trust as a cloud-based service Guidance on how to achieve privacy compliance with regulations such as GDPR and CCPA Trust is the Linchpin Among Cloud Companies, Customers, and End Users While regulatory compliance can be considered a “price of doing business” by some, adherence to regulations can produce an environment that delivers a level of trust that will attract and retain customers. By following regulations, such as the CCPA and the GDPR, you can have confidence that you’re delivering a service your customers can trust. ==================================================================================================== URL: https://trustarc.com/resource/guide-to-hipaa-compliance/ TITLE: Guide to HIPAA Compliance | TrustArc TYPE: resource --- Guide to HIPAA Compliance How to build and implement a program to demonstrate compliance with HIPAA Covered healthcare entities and business associates partnering with these entities are responsible for maintaining HIPAA Compliance. As one of the U.S.’s first privacy laws, there are heavy consequences associated with HIPAA violations. It’s difficult for covered entities to know how and when to meet the safeguard requirements, and many business associates that didn’t intend to enter the healthcare arena find meeting requirements even more challenging. Discover the key challenges and recommendations to achieve HIPAA compliance. How to build a HIPAA compliance program A 10-step guide for implementing and maintaining a HIPAA compliance program Updates to HIPAA and recommendations for fitting new technology into older laws Unsure Where You Stand? Get a HIPAA Assessment TrustArc works with organizations to perform a detailed and comprehensive assessment of your current privacy program against the core privacy requirements of HIPAA and its associated regulations. Using a two-phase process, you’ll receive an actionable checklist and strategic priorities plan based on identified gaps to improve your efficiency of risk management activities. ==================================================================================================== URL: https://trustarc.com/resource/webinar-everything-you-need-to-know-about-global-cbpr-but-are-afraid-to-ask/ TITLE: Everything You Need to Know About Global CBPR But Are Afraid to Ask TYPE: resource --- Everything You Need to Know About Global CBPR But Are Afraid to Ask The Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) Systems have led to the creation of the Global CBPR Forum. To benefit consumers and businesses, Global CBPRs seek to expand the benefits of data transfer beyond the APAC region, while continuing to promote trust and accountability, so data can be transferred responsibly across borders with ease. The USA, Canada, Japan, Korea, Singapore, Mexico, the Philippines, Taipei, and Australia have already attained full membership in the Global CBPR Forum, and the UK has signed on as an associate member, with countries on all populated-continents expressing interest. Many stakeholders have come together to find an efficient, robust solution to the complexities of international data transfer obligations. This certification allows companies to demonstrate a commitment to data protection and ensures protection across your entire supply chain. How does the Global CBPR Forum differ from the APEC system? How do Global CBPR and PRP certification reduce the level of effort in transferring data across regions? How will it impact your organization? Why and how to get certified? Bonus: How can you use the Global CBPR Forum Framework beyond data transfers? This webinar will review: The benefits of Global CBPR & PRP certification How CBPR & PRP certification reduces the effort and activities required around managing international data transfers Interoperability with other key privacy regulations and how the framework can be used beyond international data transfers How certification provides a robust data transfer mechanism for your business How to streamline your vendor onboarding process based on CBPR principles This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc Chief Assurance Officer, TrustArc Senior Assurance Program Manager, AI & Global Privacy, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-privacycentral-keep-pace-with-global-privacy-laws-automate-compliance/ TITLE: PrivacyCentral: Keep Pace with Global Privacy Laws & Automate Compliance TYPE: resource --- PrivacyCentral: Keep Pace with Global Privacy Laws & Automate Compliance Let’s face it: given the number of existing and emerging privacy regulations today, your organization can end up spending hours on manual efforts to keep up – or spend huge amounts in legal fees! But what if you could easily build out and manage your privacy and compliance governance program? What if it became possible to automatically scan and detect applicable laws, monitor your organization’s posture in real-time, and even provide actionable insights? , the automated privacy and security compliance platform for managing constantly changing compliance requirements across multiple jurisdictions. Maintained and continuously updated by our team of privacy experts, PrivacyCentral uses controls-based frameworks to automatically identify commonalities among multiple laws, regulations, frameworks, and standards — it can eliminate up to 30% or more of duplicate work. This webinar will review: How to reduce your costs and time-to-compliance with powerful automation How to utilize purpose-built compliance automation to quickly and easily achieve privacy compliance How to get guidance to identify compliance issues and get recommended remediations for privacy and security How to audit your privacy program for accountability, standard readiness, and get real-time KPIs and executive-level reporting This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Global Privacy Manager, TrustArc VP of Product Management, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-elevate-your-business-unpack-the-power-of-privacy-certifications/ TITLE: Elevate Your Business: Unpack the Power of Privacy Certifications TYPE: resource --- As the global business landscape evolves, privacy concerns and regulations have catapulted to the forefront of consumer and business conversations. Enterprises worldwide must recognize, embrace, and, most importantly, demonstrate their commitment to data privacy. Enter privacy certifications – a beacon of trust in the world of compliance. But what are they, and why are they vital for your business? Join us to explore this fascinating arena of privacy assurance. Privacy certifications, administered through independent, technology-driven audits, serve as a testament to a company’s adherence to global data privacy and protection standards. They are a powerful tool that not only demonstrates a commitment to privacy compliance but also significantly reduces legal, financial, and reputational risks. Moreover, they provide a mechanism for legal data transfer across borders, ensuring conformity with regional and global regulations. In a world where data and privacy vulnerabilities are the new norm, a privacy certification is no longer an option; it’s a business imperative. Certifications enhance your organization’s reputation, promote trust among consumers and business partners, and help differentiate your brand in an increasingly competitive market. But how do you navigate the path to obtain these certifications? Don’t worry, we’ve got you covered! Our webinar will provide valuable insights on the different types of certification, how to determine which one is right for your business, as well as the end-to-end steps to certification. Join us to understand how privacy certifications bolster your privacy strategy, drive your business forward, and position you as a leader in the data privacy landscape. Let’s decode the complexity of privacy together. In this webinar, you will: Understand the function and importance of privacy certifications in today’s business environment. Learn about the different types and functions of privacy certifications and how to navigate the path to obtaining one. Discover how privacy certifications enhance your business reputation and drive growth. This webinar is eligible for 1 CPE credit. Global Privacy Manager, TrustArc Global Privacy Manager, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/webinar-cookie-and-trackers-understanding-the-technology-and-regulatory-landscape/ TITLE: Cookie and Trackers: Understanding the Technology and Regulatory Landscape TYPE: resource --- Cookie and Trackers: Understanding the Technology and Regulatory Landscape Businesses utilize cookies and other forms of online tracking technology for various purposes, including personalizing advertising, optimizing functionality, gaining feedback, and helping ensure internet users’ interactions are simple, secure, personalized, and meaningful. As the privacy landscape – including regulations, and consumer expectations – continues to evolve, it’s more crucial than ever for businesses to understand and manage online trackers effectively while maintaining transparency and trust. for this webinar as they discuss how to implement online tracking effectively while respecting privacy regulations and user data. This webinar will review: The different types of online tracking technologies and how they work The best practices for managing online tracking vendors Insights into the current privacy regulations implicating ad tech and marketing vendors and how to comply This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Principal Technical Account Manager, TrustArc Strategic Partner Development Manager, Google ==================================================================================================== URL: https://trustarc.com/resource/webinar-into-the-future-the-evolution-of-adtech-and-data-privacy/ TITLE: Into The Future: The Evolution of AdTech & Data Privacy TYPE: resource --- Into The Future: The Evolution of AdTech & Data Privacy The advertising technology space and landscape continue to evolve and adapt – increasingly providing the ability for tracking, attribution, interest-based ads, and tailoring. These advancements have resulted in more and more information, personal and otherwise, being ingested by virtue of advertising and ad-based tracking. Join experts from TrustArc, DoubleVerify, Mintz, and Digital Advertising Alliance as they discuss the emerging regulatory landscape, how organizations can stay abreast of continued technological innovations, and how they can implement strategies to help them comply with adtech privacy laws, continuing self-regulation, and consent and preference management of third and first-party data. This webinar will review: The impacts of privacy laws on AdTech How your organization can continue to collect data while ensuring consumer trust The new ways to manage consent and preferences Privacy expert advice on your use of emerging advertising technologies This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc VP, Chief Privacy Officer, DoubleVerify Member / Co-Chair, Privacy & Cybersecurity Practice, Mintz CIPP, CISSP, President and Chief Executive Officer, Digital Advertising Alliance ==================================================================================================== URL: https://trustarc.com/resource/webinar-strategies-for-future-proofing-healthcare-privacy/ TITLE: Strategies for Future-Proofing Healthcare Privacy TYPE: resource --- Strategies for Future-Proofing Healthcare Privacy With increasing attention to healthcare privacy and enforcement actions proposed with the HIPPA Privacy Rules Changes planned for 2025, healthcare leaders must understand how to grow and maintain privacy programs effectively and have insights into their privacy methods. Indeed, the healthcare industry faces numerous new challenges, including the rapid adoption of virtual health and other digital innovations, consumers’ increasing involvement in care decision-making, and the push for interoperable data and data analytics. How can the industry adapt? Join our panel on this webinar as we explore the privacy risks and challenges the healthcare industry will likely encounter in 2025 and how healthcare organizations can use privacy as a differentiating factor. This webinar will review: Current benchmarks of privacy management maturity in healthcare organizations Upcoming data privacy vulnerabilities and opportunities resulting from healthcare’s digital transformation efforts How healthcare companies can differentiate themselves with their privacy program This webinar is eligible for 1 CPE credit. Privacy Knowledge Lead, Controls Library, TrustArc Head, Customer Enablement & Principal, Data Privacy, TrustArc Senior Privacy Consultant, TrustArc Senior Privacy Program Manager, GE Healthcare ==================================================================================================== URL: https://trustarc.com/resource/webinar-how-to-create-a-privacy-first-culture/ TITLE: How to Create a Privacy-First Culture TYPE: resource --- How to Create a Privacy-First Culture Privacy is no longer just a compliance issue—it’s a cornerstone of trust and a vital element of business success. Yet, many organizations struggle to embed privacy into their culture, leaving them vulnerable to breaches, regulatory action, and damaged reputations. Are your employees equipped to make privacy-conscious decisions? Does your company have the tools and mindset to prioritize data protection at every level? This webinar brings together a panel of experts to explore why a strong privacy culture is critical and how it can drive both organizational integrity and customer confidence. You’ll learn how to align privacy values with business objectives, foster awareness and accountability among employees, and create policies that empower teams to safeguard sensitive information effectively. Through engaging discussions and practical insights, we’ll provide actionable strategies for implementing privacy programs that stick. From building leadership support to weaving privacy considerations into daily workflows, you’ll discover what it takes to turn compliance into a competitive advantage and a core part of your company’s identity. This webinar will review: Why your company needs a privacy culture Best practices for building a privacy-first culture Practical tips for implementing effective privacy programs This webinar is eligible for 1 CPE credit. Global Privacy Manager, TrustArc Deputy General Counsel, TrustArc Director of Data Privacy, Teknor Apex Privacy Counsel, Thermo Fisher ==================================================================================================== URL: https://trustarc.com/resource/webinar-how-data-privacy-demands-impact-your-marketing-program/ TITLE: How Data Privacy Demands Impact Your Marketing Program | TrustArc TYPE: resource --- How Data Privacy Demands Impact Your Marketing Program Ask any modern marketer for their favorite privacy acronym, and they will probably tell you: GDPR, LGPD, CCPA, or – and that’s before we factor in layers of data ethics or self-regulatory practices like opt-in, opt-out, CDPs and CMPs, PII and SPI, AMIs and beyond cookies. Too often, there is a lack of clear guidance for marketers on how to transform compliance requirements into Marketing practices. Not to mention the fact that many times the legalese leaves room for broad interpretation, giving rise to questions like: Do you need consent for everything? Can your company capture consent in exchange for content? How is notice and enhanced notice being extended? In this webinar, we explore tactics and strategies Marketing teams can implement to comply with both privacy laws and important self-regulatory programs and still achieve consumer trust and exceed business objectives. This webinar will review: Consent and marketing under current privacy laws and regulations What you can and cannot do to identify prospects, generate leads and convert into customers The key questions a marketer needs to ask their agencies and ad tech service providers Director of Product Management, TrustArc Senior Privacy Consultant, TrustArc Communications & Engagement, Digital Advertising Alliance ==================================================================================================== URL: https://trustarc.com/resource/the-top-10-privacy-considerations-for-enterprises/ TITLE: The Top 10 Privacy Considerations for Enterprises | TrustArc TYPE: resource --- Decoding the TrustArc 2023 Global Privacy Benchmarks Survey In today’s digital world, where every click and tap leaves a footprint, privacy has become a cornerstone for enterprises worldwide. It transcends regulatory mandates and touches the very essence of brand trust, customer relationships, employee confidence, and enduring business collaborations. Navigating this constantly evolving terrain can be challenging, which is why insights into current trends, obstacles, and best practices are indispensable. TrustArc Global Privacy Benchmarks Survey . Its 4th edition offers in-depth views into how corporations globally address privacy. With over 2,000 diverse respondents, this survey is a treasure trove of knowledge. Based on feedback around the world from executives, privacy professionals, management, and front-line employees, the report sheds light on how organizations are dealing with emerging privacy challenges. Top 10 Privacy Insights from the 2023 Global Privacy Benchmarks Study Let’s delve into the top 10 insights from the survey findings and the privacy considerations for professionals: 1. AI’s growing privacy concerns Among 18 potential challenges surveyed, “artificial intelligence implications in privacy” ranked first. AI, particularly Large Language Models (LLMs), introduces unprecedented privacy challenges As a starting point, a key query every privacy professional should ask: “Is the data used in alignment with the original individuals’ consent?” How mature is your AI risk management? 2. The power of measurement Companies that measure privacy performance inspire three times more confidence in their privacy efforts compared to those that do not. Active measurement of privacy performance is a multiplier of stakeholder confidence. We manage what we measure, as the business saying goes. Organizations that actively measure their privacy performance also are in a much better place to streamline their privacy management processes. By benchmarking and tracking privacy OKRs, KPIs, and metrics, companies can better identify areas of improvement and demonstrate their commitment to safeguarding user data. 3. The third-party risk factor Third-party risk management tops the list of privacy-related concerns and regulatory issues. Additionally, over 10% of companies lose trade partners due to risks in this area. As organizations increasingly rely on external partners, both in their supply chains and in their data management systems, ensuring that these entities uphold privacy standards is crucial. Businesses, realizing these implications, sometimes prefer to sever ties with partners versus taking on potential privacy risks. With third-party risk management emerging as a top concern, the motto for privacy professionals might well become: “Choose your partners wisely; like it or not, you may well be known by the company you keep.” Effective governance frameworks drive strong privacy outcomes. Despite being adopted by only 19% of companies, the Nymity Framework is associated with the highest Privacy Index scores among 13 frameworks and certification or compliance standards. The Nymity Privacy Management and Accountability™ (PMAF) Framework can be a game-changer. When integrating frameworks to enhance their overall privacy strategy, privacy teams need to consider not what’s most popular but rather what’s most proven. 5. Small players, big moves As privacy regulations and enforcement expand globally, even smaller companies are stepping up their privacy game by allocating more resources, forming dedicated privacy teams, and adopting specialized privacy software. Although large enterprises have historically dominated the issue of privacy initiatives, smaller organizations are rapidly catching up. Companies that wait until they reach a critical mass before building out robust privacy solutions may well find themselves losing to competitors who scaled with a privacy by design approach. 6. Diverse privacy perceptions The global privacy landscape is a mixed bag: One-third of key stakeholders believe their companies excel at privacy, another third rate their performance as mediocre, and the remaining third think they’re failing. Even though the survey involved self ratings of privacy competencies, many provided mediocre or poor scores for their company. It’s vital that privacy professionals continually assess and iterate on privacy strategies and manage stakeholder perceptions. 7. The ever-present threat of breaches Privacy vulnerabilities are all too real, with two-thirds of companies having experienced privacy-related issues. Data breaches and large-scale cybersecurity attacks are the most common culprits. Despite best efforts, privacy-related issues persist. Organizations must bolster their and security posture. With privacy vulnerabilities rampant, prevention is paramount. Along with proactive prevention, swift remediation strategies are the need of the hour. 8. Trust in specialized privacy software Specialized privacy management software instills high levels of confidence in privacy practices according to our TrustArc Privacy Index findings. The use of built-to-purpose privacy software results in greater privacy competence than that of more broad GRC software and greatly exceeds that of internally developed and free privacy tools. As the privacy landscape becomes more complex, so too is the need for specialized privacy management software. Tailor-made privacy management software is all about privacy professionals using the right tools for the difficult job at hand. 9. The preparedness dividend Companies “very prepared” for CCPA enforcement enjoy twice the employee confidence in privacy protection compared to less prepared organizations. Being well prepared for regulation enforcement not only ensures compliance but also boosts employee confidence in privacy efforts. It signals an organization’s commitment, and it can act as a competitive differentiator. Readiness is a clear win-win. 10. Privacy as a trust pillar Privacy remains a cornerstone of brand trust. In 2023, maintaining brand trust through robust privacy efforts has grown in importance by seven points, reaching 62%. In 2023, the link between brand trust and proactive privacy measures strengthened. As consumers become more informed about their privacy rights and the risks associated with data breaches, they increasingly associate brand trust with robust privacy efforts. In an era where every digital touchpoint matters, prioritizing privacy is not just an option; it is a linchpin of transformative corporate strategies. The TrustArc 2023 Global Privacy Benchmarks Survey lays it bare: Businesses globally are acknowledging the centrality of privacy and taking definitive actions. A notable upward trajectory in small and medium companies establishing dedicated privacy teams along with the upward tick in our Privacy Index attest to this momentum. The ten insights above are a testament to a global shift in corporate ethos. As the intricacies of the privacy terrain unfold, TrustArc stands with its clients as a beacon, illuminating and navigating the path forward. ==================================================================================================== URL: https://trustarc.com/resource/secure-data-privacy-budget/ TITLE: Tips to Securing a Data Privacy Budget | TrustArc TYPE: resource --- Data privacy is historically underfunded regarding company budgets, even as “data privacy” has become a popular topic. Some stakeholders view regulations, like the GDPR or CCPA, as a one-time, check-the-box project and therefore fail to fund appropriately. However, those handling privacy management daily know this is not the case when dealing with numerous complex privacy regulations. Data privacy compliance is an ongoing adventure and can’t be approached like a task is crossed off the list once compliance is reached. Developing a mature privacy program is crucial to ongoing risk management and compliance. Overlooking your data privacy budget limitations can be costly for organizations. So how do you do this when there aren’t the proper resources available? Luckily, there are several ways to get your stakeholders on board the privacy train – and secure a data privacy budget for your department. Presenting a solid case for a data privacy budget When presenting your case to the stakeholders, be ready to make a convincing argument as to why privacy resources are needed. Be prepared. Be firm. And be early – don’t wait until the last minute to figure your compliance plan when there’s an enforcement date quickly approaching. Harmonize your privacy vision with the company vision and mission statement. If your company prides itself on its transparency, show that being transparent with your privacy policies and principles syncs with that vision of transparency. Nothing gets the point across like cold hard facts. Pull together a list of examples that show the importance of investing in privacy, such a recent regulatory fines, data breaches, and any consumer backlash related to data handling. These tangible use cases will demonstrate the severe repercussions when data privacy is not taken seriously. Privacy as a differentiator Show stakeholders how data privacy will be an innovator and sets the company apart from its competitors. At CES 2019, Apple took out a large billboard stating “What happens on your iPhone, stays on your iPhone.” This marketing move focused in on Apple’s commitment to user privacy, and used that commitment as a competitive edge. Business leaders need to know how much they have to lose. Regulations, such as the GDPR and the CCPA, come with significant penalties for non-compliance. GDPR fines can total up to 20,000,000 EUR or 4% of total worldwide annual turnover of the preceding year (whichever is higher). Furthermore, stakeholders need to evaluate how potential loss of trust could negatively affect brand equity. How do you know which privacy tech will best meet your business needs? Discover how to select the right privacy tech for your organization. Download the Privacy Technology Buyer’s Guide Conduct assessments to understand your company’s . Explain to the stakeholders the maturity level of the current privacy program and discuss the resources needed and the values of achieving a higher maturity level. As mentioned before, cold hard facts get the point across. Compile metrics on where the company is at in terms of number of privacy incidents, number of data access requests, number of number of hours dedicated to employee training, for example. Or, conversely, point out that knowing these key metrics suggests that your organization may be at risk if requested by a regulator, shareholders or prospective M&A partners. Review and analyze past privacy incidents to create qualitative metrics. Set goals for the future and explain what is needed to meet these goals. Let technology help your privacy program Aim for consistency, repeatability and scalability by using technology to automate and operationalize your privacy processes. For risk assessments, use a tool to complete assessments and generate compliance reports, which saves time, increases accuracy, and improves record keeping. Move away from spreadsheets which are very difficult to update and keep current. Technology can simplify the complex world of privacy regulation and privacy management. Managing data privacy and compliance risk is nearly impossible without specialized technology to streamline the process. data inventory and risk management solution makes it easy to standardize and operationalize the processes and creates a detailed, up to date inventory of data collected along with visual data flow maps of all business processes. Data Mapping & Risk Manager Automate data mapping and ROPAs to generate data flow maps for compliance. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/legal-analytics-under-gdpr/ TITLE: Is it Legal to Use Analytics Under GDPR? | TrustArc TYPE: resource --- Let’s face it – data analytics is an extremely handy (some might say vital) tool for processing consumer data. or using historical databases under European Union’s General Data Protection Regulation (GDPR) could get your organization in trouble if you don’t know what you’re doing. claims to be the “toughest privacy and security law in the world,” and you don’t have to be based in Europe to be impacted by it. As long as your organization targets or collects data related to the people in the EU, you must abide by GDPR regulations. If you don’t, you can expect penalties reaching into the tens of millions of euros. The GDPR is large, far-reaching, and fairly light on specifics, making compliance a daunting prospect, particularly for small and medium-sized enterprises (SMEs). Prior to the GDPR, risks associated with not fully comprehending broad grants of consent were borne by consumers. Under the GDPR, broad consent no longer provides sufficient legal basis for data analytics or the use of historical databases involving personal data. Consent is an important aspect of the GDPR. There is a requirement that consent must be specific and clear, to serve as a valid legal basis. In order for consent to serve as lawful basis for processing personal data, it must be “freely given, specific, informed and an unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her”. “Freely given” implies a real choice by the consumer (data subject). The GDPR states that it won’t tolerate any pressure or influence from an organization that could affect the outcome of that choice. These GDPR requirements for specific and unambiguous consent are impossible to satisfy in the case of iterative data analytics. This is because successive analysis, correlations and computations are not capable of being described with specificity and clarity at the time of consent. In addition, the GDPR has no grandfather provision. That is, it doesn’t allow for the continued use of data collected using non-compliant consent, prior to the effective date of the GDPR (May 2018). How to lawfully process data analytics under GDPR Your company is non-compliant with GDPR requirements if it relies on consent for analytics, AI and use of historical databases involving EU personal data. If you are non-compliant, your organization is at risk of incurring a hefty fine. This amounts to up to 4% of global turnover or 20 million euros: whichever is greater. To lawfully process data analytics, and to legally use historical databases containing EU personal data, new technical measures that support alternate (non-consent) Two technical requirements under the GDPR help to satisfy alternate (non-consent) legal bases for data analytics and use of historical databases involving EU personal data. data protection by design data protection by default Data protection by design The GDPR embraces a risk-based approach to data protection. This means shifting the main burden of risk for inadequate data protection from the consumer (data subject) to the organization (corporate data controllers and processors). Before the GDPR, the burden of risk was born principally by consumers because of limited recourse against data controllers and lack of direct liability for data processors. The GDPR recognizes that static (persistent) and apparently anonymous identifiers used to tokenize or replace real identifiers are ineffective in protecting consumer privacy. There are two main reasons why: Increases in the volume, variety and velocity of data Combined, this means that static identifiers can be relinked to real identifiers (or are readily linkable), leading to unauthorized re-identification of data subjects. This is known as the correlative effect or mosaic effect, because the same party that has the data can link the data to individuals. Continued use of static identifiers by data controllers and data processors wrongly places the risk of unauthorized re-identification on data subjects. However, the GDPR encourages data controllers and processors to continue using personal data by implementing new technical measures. The GDPR calls this pseudonymizing data. What is GDPR-compliant pseudonymization? The theory behind GDPR-compliant is simple in theory but potentially complicated in practice. It requires organizations to separate the information value of data from the means of linking data to individuals. Put simply, it’s the processing of personal data in a way that the data can no longer be assigned to a specific person without the addition of further information. How does your organization do this? By replacing all personal identifiers with a form of pseudonym. In contrast to static identifiers, which are subject to unauthorized relinking via the mosaic effect, dynamically changing pseudonymous identifiers can separate the information value of personal data from the means of attributing the data back to individual data subjects. In so doing, you satisfy GDPR requirements. Data protection by default The GDPR imposes a mandate to provide data protection by default. This goes further than providing perimeter-only protection. It’s also much more than privacy by design; it is, in fact, the most stringent implementation of privacy by design. Data protection by default requires that data protection be applied at the earliest opportunity (by dynamically pseudonymizing data). It also requires organizations to collect, process and store the smallest amount of personal data necessary for a specific purpose. This is in stark contrast to common practices prior to the GDPR . Before May 2018, the default was that data was available for use and affirmative steps had to be taken to protect the data. Data protection by default requires granular, context-sensitive control over data when it is in use. This is so that only the slice of data necessary at any given time, and only as required to support each authorized use, is made available. Should I comply with GDPR, even if I don’t do business in the EU? Even in situations where a company is not required to comply with EU regulations, compliance with GDPR requirements for pseudonymization and data protection is a good idea. It shows your organization employs state-of-the-art initiatives to serve as a good steward of data, engendering maximum trust with customers ( And in today’s business world, trust, brand reputation and loyalty are everything. Essential Guide to the GDPR Practical steps to manage the EU General Data Protection Regulation, including a compliance roadmap for implementation. How to Address GDPR Consent Requirements Understand the impact of the GDPR consent requirements on business operations. ==================================================================================================== URL: https://trustarc.com/resource/canadas-shifting-privacy-landscape/ TITLE: Canada’s Shifting Privacy Landscape | TrustArc TYPE: resource --- Privacy and data protection are cornerstones of good governance, which most companies view as very important and embrace. However, a growing number of disparate regulations globally are creating challenges for business leaders and privacy professionals who have to keep up and comply. With significant privacy regulatory changes under consideration, Canada’s shifting privacy landscape should get the attention of every private sector entity. Canadians are currently protected by an outdated patchwork of privacy rules, leaving gaps in data protection when using innovative and digital technologies. While the Federal government – after years of lobbying – introduced The Digital Charter Implementation Act (C-11), the legislation has not been reviewed by a parliamentary committee as of yet. The journey to privacy compliance Critics have raised the alarm bells that the new legislation has several weaknesses. Some critics, including the Canadian Federal Privacy Commissioner, maintain that it takes a step backward in privacy protections. There is a common agreement that Canadian consumers want to have the power to control what personal data they share and how this information will be used. Especially with the COVID-19 pandemic forcing Canadians to rely almost exclusively on online interactions, it is essential to bring in privacy laws that instill public confidence. At this point, it seems certain that businesses operating in Canada will need to comply with four different sets of rules in the next few years as provinces remain unimpressed by the proposed federal legislation. Three bills are now before elected officials: , and BC’s Freedom Of Information And Protection Of Privacy Act [Rsbc 1996] Add to this mix Ontario’s newest on privacy, and you have a challenging journey to compliance for privacy professionals in the next few years. While GDPR compliant companies will have a foundation to address new regulatory requirements, Bill 64, in particular, may be more onerous in several areas. These include their take on trans-border data flows, confidentiality by default, consent and Ontario’s consultation also points to a more robust approach , as they weave in themes from both the GDPR and CCPA into their thinking. With Canada’s adequacy with the EU regulations up for review in 2022, much is at stake and C-11 may need a revamp before then. If Canada was to lose adequacy, entities transferring data from Europe to Canada would need to find a new valid legal mechanism Jurisdictional comparison: Privacy protections* Critics of C-11, which will replace the federal Personal Information Protection and Electronic Documents Act (PIPEDA), point to numerous points of weakness: its consent framework could allow organizations to collect and use citizens’ data for commercial interests without their knowledge, it does not provide special protections for children and youth, and its digital rights do not go far enough to protect individuals from new risks. comprehensive comparison of the two bills If amended to satisfy some of the weaknesses mentioned above, Bill C-11 could also recognize and exempt “substantially similar” provincial legislation. While this would address the disparities between the federal law and that of Alberta, British Columbia, Quebec, and possibly Ontario, the reverse recognition may not happen. Multiple Canadian privacy regulations present a challenge for companies Lack of harmonization and mutual recognition will result in significant compliance preparation and complexity for companies operating in those four provinces. Privacy and data protection are cornerstones of good governance, and most companies view it as very important and embrace it. TrustArc’s 2021 Global Privacy Benchmark’s found that 90% of respondents placed ”importance” or “great importance” on privacy in their business decision-making. However, a growing number of regulations that are being introduced across the globe are creating challenges for companies as they try to implement new policies while staying abreast of additional developments. This increasingly complex global privacy landscape requires purpose-built software and automation to manage the various privacy frameworks. Our survey results illustrate that more and more companies are turning to software for their solutions, particularly purpose-built privacy management software, which saw a seven-point increase year over year. The opposite was also clear: free/open-source solutions or DIY approaches have declined. Each of the governments mentioned here have expressed the desire to streamline their privacy regulations and refrain from requirements that would be too onerous to implement. Yet, the mere fact that there are several different and competing bills that will govern private sector data and privacy requirements creates significant and arguably unnecessary complexity Public trust and confidence in data and privacy rights is not just good for consumers but it is also good for businesses. Governments that adopt a “privacy is a human right” lens to their privacy reforms will not only empower their citizens but will also propel their businesses to be more competitive in the digital age. Doing so in a coordinated manner across jurisdictions will help with speedy uptake of new requirements and compliance, while avoiding consumer confusion. ==================================================================================================== URL: https://trustarc.com/resource/privacy-shield-requirements-for-pharma/ TITLE: Unique Privacy Shield Requirements for Pharma & Medical Companies | TrustArc TYPE: resource --- Understanding special Privacy Shield requirements for pharma and medical companies The EU-US Privacy Shield framework is an approved transfer mechanism for personal data from the EU to the United States, meaning that once self-certified, companies have “adequate” protections when transferring personal data. Businesses involved in clinical, medical, and other forms of scientific research may not be aware that there are specific requirements under Privacy Shield that apply to those fields. The requirements may create the need for additional privacy policy controls, so companies in those fields should check to ensure that all requirements are being met. These requirements are addressed in the supplemental principles of Privacy Shield and can be found on the Department of Commerce’s website Pharma and medical companies need adequate protection for transferring personal data Data collection and processing before onward transfer Supplemental Principles III Section 14.a, EU Member State laws apply to the collection of personal data and to any processing that takes place for pharmaceutical research and other scientific or medical purposes before transferring data to the U.S. Anonymization of that data where appropriate and if the Member State requires it. Companies will need to determine whether personal data needs to be transferred in an identifiable form or if the data should instead be pseudonymized or anonymized prior to transfer. Appropriate situations for anonymization may include any circumstance that does not require personal information, such as using information for historical or scientific research purposes. For more information on anonymization techniques, please see Article 29 Working Party’s Opinion 05/2014 on Anonymization Techniques Additional notice requirements for scientific research There are several disclosures that a company will need to provide to patients prior to the collection of their personal data for scientific research purposes. Notice should be provided to a patient prior to personal data collection if a company will use that personal data in new and future research studies. This will give the company permission to use an individual’s personal data without additional permissions if the collection of the data is consistent with its original purposes. In general, the notice must include information regarding any future specific uses of the data, such as periodic follow-up, related studies, or marketing. The notice provided must also explain that personal data may be used for future research that may be unanticipated but is consistent with the original research study’s purposes. If, however, there are new research purposes that are not consistent with why the patient’s personal data were originally collected, companies would need to obtain consent for those new purposes. It is also recommended to disclose to the patient that the company may still use the data even if the patient decides or is asked to withdraw from a clinical trial. This disclosure should also take place prior to any personal information collection, and it ensures that the company will still have a right to process any personal data they have collected prior to the patient’s withdrawal for the company’s research. Access and notice requirements for “blinded” studies The nature of blinded studies doesn’t always permit companies to provide individuals access to their personal data. Providing information about medication or other test factors to a patient may jeopardize the results of these studies. In order to ensure that companies who participate in Privacy Shield can also meet access requirements under these conditions, notice must be provided to the patients that disclosure of this information may jeopardize the integrity of the research effort. At the conclusion of the trial and analysis of the study’s results, participants should have the right to request access to their data. Usually, this access would be provided through their healthcare physician or treatment facility. Data transfers for regulatory and supervision purposes Pharmaceutical and medical device companies are allowed to provide personal data from clinical trials in the EU to regulators in the US. This data transfer must specifically be for regulatory or supervision purposes. Similar transfers for the same purposes are also permitted to other parties, such as other company locations or other researches, but they must be consistent with Privacy Shield Principles, in particular notice and choice. Under certain circumstances, Privacy Shield principles not required for product safety and efficacy monitoring Under some circumstances, a pharmaceutical company may be required to provide reports for adverse events or safety reporting requirements. Pharmaceutical companies may have information that identifies an individual (such as gender, medical condition, age), but they do not have a direct means of receiving consent from that individual under these circumstances. a pharmaceutical or medical device company does not have to comply with the Privacy Shield Principles if the purpose of the data is for product safety or efficacy monitoring activities and that the Principles (Notice, Choice, Accountability for Onward Transfer and/or Access) with a company’s compliance with regulatory requirements. This exception includes reports from healthcare providers to pharmaceutical and medical device companies pharmaceutical and medical device companies to government agencies Key-coded data is not personal data not considered personal data if The research data was uniquely key-coded by the principal investigator; The key-coded data does not reveal the identity of any individuals; The sponsor pharmaceutical company does not receive the key; and The unique key is held only by the researcher so that she can identify research subjects under special circumstances only. If all of these elements are met, then the key-coded data is not subject to the Privacy Shield Principles. Demonstrate your commitment to privacy, and differentiate your organization With privacy certifications and assurance solutions from TrustArc, you can demonstrate privacy compliance, reduce risk and build trust through an independent review powered by technology and delivered by privacy experts. ==================================================================================================== URL: https://trustarc.com/resource/data-protection-responsible-generative-ai-use/ TITLE: Data Protection and Responsible Generative AI Use: A Comprehensive Guide | TrustArc TYPE: resource --- In 2023, artificial intelligence (AI) crashed into organizations like a tidal wave. By the year’s end, ChatGPT reached 100 million weekly active users Goldman Sachs strategists observed 36% of S&P companies discussing AI on conference calls. And now you can’t open an email without the mention of AI. From the front lines to the boardroom, AI discussions are happening everywhere. While AI isn’t new (think Siri or Alexa), new tools and uses have recently accelerated. For example, AI is used heavily in creating superior customer experiences – are driving growth with AI-driven personalization. Furthermore, the AI market is expected to grow by over 13x over the next decade Yet, despite the increasing value and potential of AI, consumers’ trust in organizations using AI is declining. The 60% of consumers have already lost trust in organizations over their AI use. Why is AI use causing a loss of trust in organizations? Consumer concern stems from a lack of attention to responsible AI use. While AI is being touted by boards, not enough companies have established guidelines and training for its use. demonstrates that despite 28% of workers using AI at work, 69% of workers reported they haven’t received or completed training to use generative AI safely . And 79% of workers say they don’t have clearly defined policies for using generative AI for work. Workday’s latest global study agrees , with 4 in 5 employees saying their company has yet to share guidelines on responsible AI use. Additionally, consumers are no strangers to the risks and cons of AI use. Many have tested generative technologies and were left disappointed. Whether you experienced a generative AI fail to properly create a hand or provide accurate information, you’re likely familiar with some of its limitations. In fact, workplace AI use is already making headlines. For example, Samsung banned the use of ChatGPT due to employees accidentally leaking confidential company information. Or this headline, Most employees using AI tools for work aren’t telling their bosses Lastly, concerns and legal considerations surrounding the collection, use, and storage of personal data continue. The use of , like ChatGPT, is already in question. The New York Times recently filed a copyright infringement lawsuit against OpenAI, and other prominent authors have also followed suit. AI use and business relationships And it’s not just about consumers. As businesses adopt AI, third-party vendors and partners question AI use and data practices during vendor screening and risk management. Understanding and addressing these concerns is vital to building trust in the age of AI. Ultimately, the goal for businesses is to balance innovation and trust. AI delivers positive business outcomes and efficiency when harnessed and used responsibly. Still, many organizations are wrestling with this challenge. TrustArc’s 2023 Global Privacy Benchmarks Survey revealed that “artificial intelligence implications in privacy” ranked as How mature is your AI risk management? Are organizations required to use AI responsibly? Data protection laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) cover much of the world’s population. Comprehensive privacy laws aim to protect individuals’ privacy rights and regulate how organizations handle personal data. Thus some of these regulations already include AI use. For example, the CCPA, as amended by the California Privacy Rights Act (CPRA), gives the California Privacy Protection Agency the authority to regulate automated decision-making technology (ADMT). And draft regulations are underway protects individuals from automated decision-making, including profiling. It prohibits subjecting individuals to decisions “based solely on automated processing”. This means that in certain instances, human intervention is required for decisions about individuals, not just technology. The UK GDPR has similar rules lawmakers are trying to keep up with technological advances like AI Privacy professionals must watch closely as various legislation is proposed and enacted. EU AI Act (enforcement expected in 2025) Canada’s Artificial Intelligence and Data Act (AIDA) International Association of Privacy Professionals Global AI Law and Policy Tracker to stay up to date on global AI regulations. And review a summary of some of some key AI-focused regulations and governance frameworks around the world: AI Regulations: Prepare for More AI Rules on Privacy Rights, Data Protection, and Fairness. In the United States, the FTC closely monitors AI companies and their use. In early 2024, the FTC warned “Model-as-a-service companies that fail to abide by their privacy commitments to their users and customers, may be liable under the laws enforced by the FTC.” it launched inquiries into five companies regarding their recent AI investments and partnerships. And on February 13, 2024, it reminded AI (and other) companies that quietly changing your terms of service could be unfair or deceptive. What is responsible generative AI use? The glitz of generative AI has caused some to forget that it’s just a new tool. And even though it changes how people work, the basics of data protection haven’t changed . What data is being collected, stored, and used? How is it being used? Can you control it? Is there a service provider agreement? The data protection foundations of yesterday are still relevant today when considering AI use. Data protection foundations Transparency and Consent: Be transparent about how the organization collects, uses, and shares personal data. Obtain explicit consent from individuals before processing their data. Collecting more data than necessary in the digital expanse is tempting. But it’s often best to adopt a “less is more” approach. Collect only the data that is necessary for a specific purpose and limit the retention period to minimize the risk of unauthorized access or misuse. Consequently, is a standard in most privacy regulations. Implement robust security measures to protect personal data from unauthorized access, disclosure, alteration, or destruction. This includes encryption, access controls, and regular security audits. It’s about building a fortress that safeguards privacy. Understand, be responsible for, and be able to demonstrate compliance with data protection and security principles. Leading responsible generative AI use in your organization There’s still much to learn about generative AI and privacy . As technology and regulations continue to evolve, so do privacy programs. To start, encourage responsible AI use proactively by using a framework, developing employee guidelines, fostering a culture of privacy, and updating your third-party risk management process. Adopt a privacy framework Rather than getting lost in the alphabet soup of global privacy laws and regulations, a framework approach can operationalize your privacy program. Some frameworks worth considering include: s a baseline, a framework will recommend updating policies and notices to include AI use . For instance, your acceptable use of information resources policy, internal data privacy policy, and your data privacy notice (included at all points where personal data is collected). Download the Nymity Privacy Management and Accountability Framework Learn more about TrustArc’s Nymity Research Develop employee AI use guidelines AI use in organizations looks like the Wild West right now. Employees are admittedly using unapproved AI tools at work . Now is the time to rein in the horses with some risk based guidelines. Based on your organization’s risk tolerance and the purpose of AI use in the workplace, develop employee guidelines for AI use. Include use cases, examples, and specific restrictions. What shouldn’t go into generative AI models? At a minimum, most recommend that no personal data or sensitive organizational data is inputted into public AI tools. If employees use other generative AI tools that come with a service agreement, determine how those tools will be assessed, approved, and implemented. Continue to connect with privacy professionals to discuss how they manage AI data governance in their organizations. Because this is an evolving industry there’s much to learn from each other. Train employees and foster a culture of privacy Once employee guidelines for responsible AI use are established, it’s time to train your employees. To help your employees understand the importance of responsible AI use, start by establishing a common language. Keeping employees informed is the best defense against the limitations of generative AI. Because the landscape is continuously changing, plan to do frequent training as you update the guidelines and responsible AI use cases. Fostering a culture of privacy in your organization reduces risk, builds trust, and even helps with privacy regulation compliance! Training & Awareness Checklist for Working with AI Update your third-party risk management processes and privacy risk assessments If they haven’t already, it’s likely that your business partners and vendors will question how your organization is managing AI data governance. And likewise you should update your third-party data privacy risk assessment processes to include AI governance. What updates need to be made to assess external AI systems and vendors? How does this impact data flows and sharing with current and future partners and vendors? What defined roles and responsibilities of third parties have changed or need to be updated? Conduct due diligence around the data privacy and security posture of all current and potential vendors and processors. Routinely reassess current vendors and partners with updated guidelines. To do so, leverage the Privacy Impact Assessments (PIAs) you already know. While traditional PIAs may not address AI challenges, they can be elevated to account for the specific characteristics and risks of AI. Also, consider how you will prove your responsible use of AI to your partners and vendors. For some AI adopters, the TRUSTe Responsible AI certification is the best way to demonstrate accountable AI use and transparent data practices. Join the vanguard of responsible AI Lead the charge in responsible AI adoption and data governance. Become a part of our community of AI adopters and position your organization as a trailblazer in privacy innovation and data protection. ==================================================================================================== URL: https://trustarc.com/resource/delaware-personal-data-privacy-act-brief/ TITLE: Background Brief: Delaware Personal Data Privacy Act | TrustArc TYPE: resource --- The “Diamond State” has passed the Delaware Personal Data Privacy Act, a modern consumer privacy law that gives its residents some of the important data protection rights found in other states’ privacy regulations. Citizens are covered by the Act as individuals, but not in an employment or commercial context. Delaware Governor John Carney signed the Act into law on September 11, 2023, and it will become effective on January 1, 2025. An additional rule requiring controllers to recognize and act on universal opt-out signals goes into force on January 1, 2026. Delaware Personal Data Privacy Act: Key dates May 12, 2023 – Following lobbying by consumer and privacy groups, and the growing trend across the U.S. to give consumers more protections in an increasingly data-driven business landscape, is introduced by Rep. Krista Griffith with backing from several senators and representatives. media release announcing the Delaware Personal Data Privacy Act “The Delaware Personal Data Privacy Act is a critical step in safeguarding the privacy rights of Delawareans in our digital age. With the increasing collection and use of our sensitive personal data, it’s so important that we establish comprehensive rights for consumers and ensure that they have avenues to take control over their personal information. This legislation will give them that control and provide much-needed transparency and accountability in the use of personal data by companies.” June 8, 2023 – following two days of meetings to review amendments to the HB 154 the House votes 33-5 in favor. June 27, 2023 – amendments to the bill are tabled with the Banking, Insurance and Technology Committee in Delaware’s Senate, with exclusions for registered securities brokers and dealers alongside financial organizations covered under the June 29, 2023 – the Delaware Senate unanimously passes the amendments, then passes the bill with a 15-4 vote in favor. June 30, 2023 – the Delaware House votes 37-3 in favor of passing HB 154 to create the Delaware Personal Data Privacy Act. the compromises in Delaware’s data privacy law were to ‘get it over the line’, adding: “Banks and financial firms are subject to the guidelines, so there wasn’t so much heartburn in that. And shortly after the bill passed the House, FINRA [Financial Industry Regulatory Authority] reached out to us to ask to be included in the exemptions. I’m pleased that it passed. I know this bill caught a lot of attention from several industries for its implications. But in practice, we wanted to give power back to our consumers on how their data is used.” September 11, 2023 – Delaware Governor John Carney signs the Delaware Personal Data Privacy Act into law. January 1, 2025 – Delaware’s privacy law goes into effect. January 1, 2026 – an additional requirement for controllers to honor universal opt-out signals goes into effect. New data privacy rights for Delaware consumers Delawareans gain new protections under the state’s data privacy law as consumers, but not as employees. “an individual who is a resident of this State. ‘Consumer’ does not include an individual acting in a commercial or employment context or as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit organization, or government agency whose communications or transactions with the controller occur solely within the context of that individual’s role with the company, partnership, sole proprietorship, nonprofit organization, or government agency.” The definition for ‘personal data’ is very similar to that found in other states’ data privacy laws: ’ means any information that is linked or reasonably linkable to an identified or identifiable individual, and does not include de-identified data or publicly available information”. Under the Delaware Personal Data Privacy Act Delawareans (as individual consumers) have gained the following data privacy rights: – consumers have a right to know whether a controller is processing their personal data, including the categories of data processed and the purposes for processing. and right to data portability – a consumer can request records of their personal data held by a controller “unless such confirmation or access would require the controller to reveal a trade secret”. Consumers also have the right to access a list of the categories of third parties to which the controller has disclosed their personal data. If this information isn’t available in a format specific to the consumer the controller can provide a list of specific third parties it has shared data with instead. – consumers in Delaware can request a controller correct inaccuracies in records of their personal data, “taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data”. – a consumer can ask a controller to delete personal data provided by or obtained about them. – a consumer can tell a controller their personal data cannot be sold (see below for exceptions) or used for targeted advertising or profiling (when that profiling is “in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer”). Right to non-discrimination – Delawarean consumers exercising personal data privacy rights have a right not to be discriminated against, examples of discrimination listed in the Act include: “denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services to the consumer”. Right not to have sensitive personal information processed – controllers must obtain consent from consumers first, through a clear and easy-to-understand consent form. Sensitive data is defined as personal information that could reveal a consumer’s: mental or physical health condition or diagnosis (including pregnancy) sex life and sexual orientation status as transgender or nonbinary citizenship or immigration status genetic or biometric information; or Any personal data of a known child is also covered as sensitive personal data in the Act. Parents or legal guardians can exercise consumer rights on behalf of their child/ren aged under 13. Until January 1, 2026, when the rule about universal opt-out signals applies, consumers (or parents/guardians acting on behalf of a child) will need to contact each controller and lodge requests to exercise any of these rights. From January 1, 2026: Universal Opt-Out Signals apply in Delaware Section 12D-105 of the Delaware Personal Data Privacy Act gives consumers in the state the option of designating an authorized agent to exercise their rights on their behalf, including through universal opt-out mechanisms. This rule is effective from January 1, 2026. This rule notes platforms, technologies, browser settings/extensions (e.g. Global Privacy Control), global device settings or mechanisms “may function as the agent for purposes of conveying the consumer’s decision to opt-out” Part (b) of the text in this section explaining controllers’ obligations is mostly identical to similar U.S. states’ data privacy laws: “A controller shall comply with an opt-out request received from an authorized agent if the controller is able to verify, with commercially reasonable effort, the identity of the consumer and the authorized agent’s authority to act on such consumer’s behalf.” Global Privacy Control: Technical brief What is GPC? What laws mandate its use? Manage essential processes to achieve cookie compliance with state and international privacy laws. Does the Delaware Data Privacy Law apply to your organization? Delaware’s privacy law is mostly like other states’ equivalent data privacy regulations enacted so far in that it applies to: Persons that conduct business in the state; or Produce products or services targeted to residents of the state. And during the preceding calendar year did any of the following: Controlled or processed the personal data of not less than 35,000 consumers – excluding personal data controlled or processed solely for the purpose of completing a payment transaction. (This is the lowest threshold so far in any U.S. state privacy act); or Controlled or processed the personal data of not less than 10,000 consumers and derived more than 20% of their gross revenue from the sale of personal data. The Delaware Personal Data Privacy Act applies to any institute of higher education. It generally also applies to nonprofit organizations if they meet the above thresholds (so far the only other state privacy acts to also not exempt nonprofits are the Oregon Consumer Privacy Act Organizations exempt from Delaware’s Data Privacy Law Delaware state bodies (regulatory, administrative, advisory, executive, appointive, legislative or judicial) and state political subdivisions, including agencies, boards, bureaus and commissions of the state or its political subdivisions; and Financial institutions and their affiliates to the extent these organizations are subject to the Personal data exempt from Delaware’s Data Privacy Law Personal information related to employment and business relationships (though only when used in context of that role). Emergency contact information when used for emergency contact purposes. Protected health information is defined under HIPAA (Health Insurance Portability and Accountability Act) Consumer credit reporting data under the Fair Credit Reporting Act , (note: this exemption covers nonprofits exclusively focused on identifying and preventing insurance crime). Personal data collected, processed or maintained by a nonprofit organization that provides services to victims of or witnesses to child abuse, domestic violence, human trafficking, sexual assault, violent felony or stalking. Patient-identifying information covered by U.S. Code 42 Section 290dd-2 (Public health and welfare – Confidentiality of records) Identifiable private information when used under federal regulations for the protection of human subjects in medical and scientific research ( Patient safety work product created and used to improve patient safety under the Patient Safety and Improvement Act Personal data used in compliance with the Driver’s Privacy Protection Act Family Educational and Privacy Rights Additionally, controllers and processors that comply with the verifiable parental consent requirements of Children’s Online Privacy Protection Act (COPPA) will be deemed compliant with obligations under Delaware privacy law to obtain parental consent concerning a consumer who is a child. Delaware Privacy Law compliance obligations for controllers Delaware’s privacy law defines a ‘ “a person that, alone or jointly with others, determines the purpose and means of processing personal data” and requires a controller to: Limit collection of personal data to what is “adequate, relevant and reasonably necessary” to the purposes disclosed to the consumer. Any other processing of personal data, including sensitive personal information, must be consented to by the consumer first, or in the case of a known child, consent must be obtained from their parent or guardian. Not process for the purposes of targeted advertising or sell the personal data of a young consumer aged between 13 and under 18 years old without their consent. Not process personal data in violation of Delaware state laws or federal laws prohibiting unlawful discrimination. Protect personal data with reasonable data security practices appropriate to the volume and nature of the personal data at issue. Provide an effective and easy-to-use mechanism for a consumer to revoke previously given consent and stop processing the data within 15 days. The mechanism for a consumer to revoke consent must be at least as easy as the consent mechanism they used previously. Not discriminate against a consumer for exercising their consumer privacy rights. Respond to a consumer’s request to exercise their consumer privacy rights within 45 days. The information given to the consumer in response shall be provided free of charge to the consumer – but controllers only need to make it free once per consumer in 12 months. A controller can charge a reasonable fee to cover administrative costs for excessive, repetitive or unfounded requests – or reject such requests – but the burden of proof is on the controller. Consumers may appeal. A controller may also extend the response period by another 45 days “when reasonably necessary, considering the complexity and number of the consumer’s requests” only if they notify the consumer about the need for this extension within the first 45-day response period. Consumers may appeal rejected requests and in turn controllers must respond to appeals within 60 days. Provide a clear and conspicuous link on the controller’s website to a webpage where a consumer (or their agent) can opt out of having their personal data sold or used for targeted advertising. Remember: universal opt-out signals must be acted on from January 1, 2026. Provide a privacy notice that is reasonably accessible, clear and meaningful that includes: Categories of personal data processed Categories of personal data shared with third parties (if any) and the categories of third parties with which the controller shares personal data Purpose for processing personal information Information on how consumers may exercise their consumer privacy rights, including how they can appeal a controller’s decision about a data rights request One or more secure and reliable means for consumers to submit a request to exercise their consumer privacy rights, which takes into account the ways consumers normally interact with the controller; and Online mechanism or active email address consumers can use to contact the controller. Delaware Privacy Law compliance requirements for processors Any processor engaged by a controller to process Delawareans’ personal information is required to enter a binding written contract governing the processor’s activities on behalf of the controller. The contract must set forth instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of processing and the rights and obligations of both parties. Data Protection Assessments If a controller controls or processes the personal data of more than 100,000 Delaware consumers – excluding data that is only controlled or processed for payment transactions – they are also obliged to conduct and document a regular data protection assessment for each processing activity considered a heightened risk of harm to the consumer. Data protection assessments must be performed for personal data that is intended to be sold or for processing for targeted advertising or profiling. Each assessment must consider the benefits of a processing activity versus the risk of harm to the consumer. Enforcement for violations of the Delaware Personal Data Privacy Act The Delaware Department of Justice (DDoJ) has exclusive authority to investigate and prosecute violations of the Act. Delawareans do not have a private right of action. Up until December 31, 2025, if the DDoJ issues a notice of violation it must give the accused party up to 60 days to cure the violation if it determines the violation is curable. Then from January 1, 2026, the DDoJ may choose to offer a cure period at its discretion. The DDoJ can initiate court actions to pursue orders against any controller or processor found to have wilfully violated the Delaware Personal Data Privacy Act, with civil penalties of $10,000 for each deliberate violation. TrustArc resources for compliance with U.S. State Privacy Laws TrustArc offers several resources to help organizations keep up to date with existing and emerging state privacy laws in the U.S Automate your compliance program Use PrivacyCentral to streamline privacy compliance across all relevant jurisdictions. Stay up to date on hundreds of global privacy laws, regulations, and standards. ==================================================================================================== URL: https://trustarc.com/resource/californias-delete-act-background-brief/ TITLE: California’s Delete Act: Background Brief | TrustArc TYPE: resource --- A new California privacy law – the Delete Act – will give Californians the simplest method in the world to opt out from having their personal information traded by California Privacy Rights Act (the CPRA) Backed by digital rights advocacy groups the new law streamlines and strengthens Californians’ existing ‘right to delete’ (a consumer privacy right to request businesses delete records of personal information), which is comprehensively covered by the California Consumer Privacy Act (CCPA) and its amendments under the California Privacy Rights Act (CPRA The new Delete Act will be enforced by the California Privacy Protection Agency What initiated the new California personal delete laws? California’s evolving privacy laws are now widely known for being much more consumer-centric than they used to be. Much has changed in the decade since we published a blog titled: Forrester Predicts a New World of Data Sharing , which noted the view to “advocating for companies to treat data as a product”. Similarly, seven years later, Gartner Research published a Market Guide for Identity Resolution on November 2, 2020, which advised: “Identity resolution is becoming a critical requirement for marketers facing growing privacy restrictions … Digital marketing leaders must understand the options and commit to a plan before current practices become obsolete.” Reports like these don’t shy away from the fact most of the data sold by brokers skews towards what’s useful for commercial interests (marketing, advertising), rather than consumer interests. Commercially valuable data includes: Demographic data (e.g. age, gender, relationship status and other connections to other people) Locations (e.g. geolocation, home and work addresses, other visited addresses, such as healthcare providers) Online activities (e.g. interactions with websites, apps, games and businesses) Consumer habits (e.g. product interests, purchase histories). California delete laws are explicitly aimed at data brokers When modern analytics tools are applied to these data sets on consumers they have large commercial value, but they also pose huge potential privacy risks. Therefore, privacy advocacy organizations such as the Electronic Frontier Foundation (EFF) and several consumer-facing publications have been highly active in educating consumers about privacy risks associated with the commodification and brokering of personal information. article published on July 14, 2021, titled “Inside the Industry That Unmasks People at Scale ”, explained to consumers: “Unique IDs linked to phones are supposed to be anonymous. But there’s an entire industry that links them to real people and their address.” The authors of a July 23, 2021, report published by EFF Data Brokers Are the Problem” “Data brokers sell rich profiles with more than enough information to link sensitive data to real people, even if the brokers don’t include a legal name. In particular, there’s no such thing as ‘anonymous’ location data.” These concerns about data brokers potentially (or actively) encroaching on people’s privacy were raised by California State Senator Josh Becker when he proposed a California Delete Act in early 2023, aiming to give Californian consumers a broad reaching right to stop their personal information from being commodified and traded. California privacy laws and the Delete Act: key dates February 8, 2023 – California State Senator Josh Becker introduces California Senate Bill 362 (SB 362, widely known as the Delete Act) to California State Assembly Committee on Rules, aiming to strengthen Californians’ personal data privacy rights. Senator Becker makes some amendments to the Bill in April. April 25, 2023 – California Assembly Appropriations Committee votes 9–2 in favor of passing the Bill. May 31, 2023 – Senator Becker’s Delete Act advances off the California Senate floor and in a press release he declares “Data brokers spend their days and nights building dossiers with millions of people’s reproductive healthcare, geolocation, and purchasing data so they can sell it to the highest bidder. The Delete Act is based on a very simple premise: Every Californian should be able to control who has access to their personal information and what they can do with it.” September 14, 2023 – Senate votes 31–9 in favor of making the Delete Act law, and it is enrolled and presented to the Governor a week later. October 10, 2023 – California Governor Gavin Newsom signs Senate Bill 362/Delete Act into law and establishes several compliance deadlines. In a press statement Senator Becker notes Governor Newsom’s signature of the Delete Act enshrines California as a leader in consumer privacy and we are determined to restore consumer control over their own personal data. Data brokers possess thousands of data points on each and every one of us, and they currently sell reproductive healthcare, geolocation, and purchasing data to the highest bidder. The Delete Act protects our most sensitive information.” January 1, 2024 – Deadline for all data brokers in California to be registered with the California Privacy Protection Agency. January 1, 2026 – Deadline for the California Privacy Protection Agency to provide an accessible deletion mechanism, creating a one-stop place for consumers to lodge delete requests to all data brokers holding their personal information. August 1, 2026 – Start date from which all data brokers in California must access the CPPA delete mechanism at least every 45 days and process all applicable delete requests. January 1, 2028 – Start date from which all data brokers in California must undergo a Delete Act compliance audit by an independent third party (and every three years after). CPPA to establish a one-click mechanism for delete requests California Privacy Protection Agency has been directed to establish a one-click deletion mechanism by January 1, 2026, that supports Californian consumers’ right to delete. It will allow individuals to send a single verifiable personal information delete request to the agency which will be simultaneously distributed to all data brokers in California – saving them the hassle of filing individual data privacy right requests with each data broker. The delete request mechanism will include an option for consumers to select specific data brokers they wish to be excluded from the request. Consumers will also be allowed to request a change to their delete request 45 days or more after their last request. CPPA delete request mechanism functions Under the Delete Act, the CPPA’s deletion mechanism must allow a consumer to: Request the deletion of all personal information (held by data brokers) via a single request through an internet service operated by the agency – with no fee charged for the request. Submit a request in any language they speak; and the mechanism must also be accessible by consumers with disabilities. Securely submit information in one or more privacy-protecting ways determined by the CPPA; protecting a consumer if additional information is needed to complete the request; and via a mechanism to determine if an individual has made a verifiable request. Get help from an authorized representative to complete the request. Verify the status of the consumer’s deletion request (or allow their authorized representative to verify the status). By January 1, 2024: Data brokers in California must register with CPPA The Delete Act requires all data brokers in the state to have registered with the California Privacy Protection Agency by January 1, 2024 – with the threat of fines for non-compliance. Data brokers must meet the following data governance obligations: Pay a registration fee (at an amount to be determined by the CPPA), which will be deposited in the Data Brokers’ Registry Fund Register with CPPA again every year before January 31 with the name of the data broker; primary physical address, email address and website address; and provide reports on commercial activities related to personal information. Report details of the categories and types of information in data sets collected from consumers, and report whether these data sets include: personal information of minors; consumer’s precise geolocation; or consumer’s reproductive health care data. [From January 1, 2029, onwards] Report whether the data broker has undergone a compliance audit and if so, report the most recent year an audit report was submitted to the CPPA. Compulsory notices on data brokers’ websites Data brokers must also publish information on their websites clearly explaining to consumers how they may exercise personal information privacy rights including: Rights to access, correct, delete and/or opt out of the sale and/or sharing of their personal information Rights to limit a data broker’s use of sensitive personal information Right to know the types and categories of personal information being sold to third parties. A link to this information must be provided to the CPPA every year along with notices on the data broker’s website about whether and to what extent the broker or any of its subsidiaries is regulated by applicable laws, such as the federal Fair Credit Reporting Act. From August 1, 2026: Data brokers must access the CPPA’s delete mechanism Data brokers will be required to access the deletion mechanism provided by the California Privacy Protection Agency beginning August 1, 2026. When data brokers receive any delete requests, they must: Process all deletion requests – and delete personal information in all required cases – within 45 days of receiving the requests. Delete any new personal information of any consumer who made a deletion request at least once every 45 days – and not sell/share these consumers’ personal information (unless a change in request is subsequently received from a consumer). Notify and direct all data processors (such as contractors) and other third parties to delete all personal information in their possession of consumers who have submitted a delete request. Respond to denied requests by alternatively processing the request as an opt out of the sale or sharing of a consumer’s personal information – and direct processors to do the same. Record Keeping of Delete Requests Data brokers will be required to organize, record, and disclose the following information: Average time taken to respond to delete requests each reporting period. Number of requests in the previous calendar organized to show the number of requests complied with or denied. Number of requests denied (either in whole or part) due to requests not being verifiable; not made by a consumer; called for information exempt from deletion; or denied for another reason (supported by explanation of the reason). From January 1, 2028: data brokers must undergo three-yearly audits Every three years from January 1, 2028, all data brokers handling the personal information of Californian consumers must undergo an audit of their activities to demonstrate compliance with the California Delete Act. The results of each audit must be: Submitted to the California Privacy Protection Agency within five business days of the completion of the audit (to ensure relevancy) Kept for at least six years and be made available to the CPPA on request. Penalties for failing to comply with California’s new Delete Act laws The California Privacy Protection Agency will enforce compliance with the Delete Act. The Agency has the power to issue the following orders for fines and other expenses for the non-compliance: $200 fine for each day a data broker failed to register with the CPPA An amount equal to all registration fees due during the period a data broker failed to register Expenses incurred by the CPPA while investigating and administrating an action $200 for each day a data broker failed to comply with deletion requests by not deleting personal information after receiving valid deletion requests. ==================================================================================================== URL: https://trustarc.com/resource/why-childrens-privacy-regulations-top-of-mind-for-businesses/ TITLE: Why Children’s Privacy Regulations Should Be Top of Mind for Businesses Everywhere | TrustArc TYPE: resource --- If you’ve been keeping up with the latest privacy regulations for children’s online safety you know that protecting kids online is a rapidly emerging trend in privacy law. Children’s privacy regulations are not new. However, they’ve come a long way since the Family Educational Rights and Privacy Act (FERPA) was passed in 1974 and the Children’s Online Privacy Protection Act (COPPA) Children have been using the internet daily to learn and entertain themselves for decades. Yet the necessary safeguards to protect kids’ privacy are missing from most websites, apps, and other technologies. Recently, the UK Age Appropriate Design Code Act 2021 set out to change this and paved the way for new legislation based on higher standards for applying data protection laws to children and digital services. These standards apply not only to U.K. websites but to any website or app accessible by children in the UK – whether it’s meant for children to use or not. The UK Age Appropriate Design Code became effective on 9/2/20 with a 12-month transition period. Inspired by the UK, California was the first U.S. state to pass an Age-Appropriate Design Code Act (AB-2273) to protect children’s privacy. Like the UK code, it’s designed to ensure technology companies proactively take a privacy-by-design and default approach to protect children’s privacy and safety when creating or updating online services, products, or features that children will likely access. The gap in U.S. children’s privacy regulations Children’s Online Privacy Protection Act (COPPA) , which provides protection for children aged 13 or under, the CA Kids Code is designed to protect all children under 18 in California. Yet there is no federal regulation to protect children between the ages of 13 and 18. Despite existing legal protections, Meta to let American and Canadian teenagers into its , Horizon Worlds. The app currently allows people 17 and up to physically interact with each other in virtual spaces resembling real life. Meta claims it will use privacy by default guidelines to protect children, but this is one of many platforms to watch. Gaming platforms and apps have consistently violated children’s privacy regulations Protecting kids online: The latest design codes and regulations to consider There’s more happening with children’s privacy regulations than the two Acts in the UK and California. Regulators, including the FTC, have warned that they will focus on children’s privacy. said they would begin to crack down on companies that illegally surveil children online. While some geographies, such as and Canada, don’t discriminate between children and adults regarding their data protection laws, the GDPR only protects children’s information until they are 16 years old. As recently as October 2022, members of Congress have begged the FTC to make updating COPPA a priority. Although it protects the children’s privacy for those under 13, it hasn’t been updated since 2013 and does not cover information collected from adults that may pertain to children. COPPA failed to make it to Congress’ 2023 fiscal plan , many states have taken it upon themselves to enact legislation to protect children’s privacy better online. States with active children’s privacy regulations in 2023 include: New legislation to protect children’s privacy was also attempted in New Mexico, West Virginia, and Virginia but didn’t pass. Although talks of updating COPPA have stalled, there’s still much focus on protecting kids’ privacy online nationwide. Again, President Joe Biden demanded a ban on online ads targeting children during his SOTUA in February 2023. And beyond the President, Senate leader Chuck Schumer is seeking a June vote on children’s online protection legislation We must finally hold social media companies accountable for the experiment they are running on our children for profit. And it’s time to pass bipartisan legislation to stop Big Tech from collecting personal data on kids and teenagers online. Ban targeted advertising to children! Other federal Acts various representatives are still trying to bring to the table include Clean Slate for Kids Online Act . While we don’t know which Act will gain momentum, Congress members enthusiastically support new children’s privacy regulations. Two States pass children’s social media Bills In March 2023, the Governor of Utah signed the Utah Social Media Regulation Act , which requires minors to obtain the consent of a guardian before joining social media platforms. Effective March 2024, this is one of the most aggressive steps so far by U.S. lawmakers to protect kids online. The Utah Act requires social media platforms to conduct age verification for all Utah residents, ban all ads for minors, and impose a curfew between the hours of 10:30 pm – 6:30 am making the site off-limits for anyone under the age of 18. And despite much controversy, it also requires social platforms to give parents or guardians access to their teens’ accounts. Within a month, Governor Sarah Huckabee Sanders approved similar legislation in Arkansas. The Arkansas law will apply to new accounts starting September 01, 2023. Senator Tyler Dees, the Arkansas bill’s sponsor, said the new law “sends a clear message that we want to partner with parents and empower them to protect our children.” It is likely other States will continue to pass similar legislation. However, privacy and free speech experts have raised concerns about the potential harms surveillance and censorship due to proposed children’s online safety legislation. At the same time, parents and guardians must consider whether the benefits outweigh the cost, as increased social media use has led to significant negative consequences for teenagers and young adults. The hope is that bills like these will successfully reduce harm to children from social media use. Key takeaways from the latest children’s privacy regulations While each regulation has its nuances, in general, the following takeaways can help businesses design the appropriate systems to protect children online: Practice privacy by default and privacy by design Design new products and services to consider data privacy proactively . For existing services, set default settings that automatically offer users a high level of privacy. Require explicit consent for any data collection or processing activities. And don’t track users unless they opt-in to tracking – especially users under 18 years of age. is a term describing a variety of manipulative design choices to persuade users to make a decision they wouldn’t have otherwise made. They can include pre-selections on forms, not giving people opt-out options, hidden opt-out controls, repetitive attempts to collect information or turn on tracking, and using algorithms to change purchase decisions. Using dark patterns is prohibited under the California Age-Appropriate Design Code Act and other data protection laws. Conduct data protection impact assessments with kids in mind Conducting data protection impact assessments (DPIAs) is required for businesses under California’s new child design law for any new online service, product, or feature likely to be accessed by children before it is offered to the public. And the DPIAs must be maintained as long as the online service, product, or feature is available. DPIAs are also a key part of compliance with the GDPR and, thus, the UK Age Appropriate Design Code. The business must identify the purpose of its service, whether it collects children’s personal information and how it’s used, and the risks of harm to children that the data management practices of the business could cause. Analyze any harmful content, (addictive) features, or algorithms that children could access. Harm might include contact with predators, exposure to exploitation or other content, and even exposure to ads, among many other things. Assessment Manager demo today and learn how to streamline your data protection impact assessments to prepare for children’s privacy regulation enforcement. Prioritize the best interests of children Overall, you should prioritize the best interests of children before business profits and goals. While this may sound counterintuitive, that is the framework these Acts use. Consider the impact on the child’s physical health, mental health, and wellbeing. And avoid using data in ways that would have any negative impacts on those areas. If you can’t do so, you must find a way to block children from accessing your product or service or risk significant fines or penalties and ongoing compliance program requirements. Reduce risk effectively by only collecting data that is absolutely necessary for business functions. Rather than collecting more data, focus on collecting the highest quality data with consent. Don’t collect precise geolocation collection (except if explicitly necessary). And review your data retention policies to see if there’s room to reduce the amount of time or amount of data retained. As we see more data protection laws for children and adults, can drastically simplify your data protection program. ==================================================================================================== URL: https://trustarc.com/resource/privacy-program-management-earn-returns/ TITLE: Privacy Program Management: How to Earn Mega Returns | TrustArc TYPE: resource --- Privacy operations don’t cost an organization money – It saves it! Protecting sensitive data is no longer an option for organizations – it’s something you have to do. But how you choose to manage your privacy operations is still up to you. Organizations that aren’t using a privacy platform are missing significant savings opportunities. And more importantly, poor privacy program management leaves the organization open to risk. The challenges of manual privacy program management Over the past decade the number of privacy regulations has exploded across the globe. GDPR. . LGPD. PIPC. The list goes on. The US alone has 5 State privacy laws as of May 2022. And there are more on the way, new bills are introduced in states across the country regularly. In addition to the increased workload to ensure compliance with new regulations, there is a shortage of privacy talent available The combination of more laws and a shortage of employees results in bogged-down privacy operations team members. That’s because many privacy teams are stuck using an array of digital technologies, spreadsheets, and Google sheets to manage privacy Performing tasks like documentation, data mapping, and meeting deadlines for regulatory reporting and DSAR requests manually is inefficient and too time-consuming. These processes are slow, impossible to scale and expose your organization and data to risk. For privacy operations teams in large organizations, the sheer volume of data records is a major barrier to structuring compliance with privacy laws. the ROI of manual privacy program management leaves much to be desired. Rather, it’s just the opposite for organizations that implement an automated privacy platform. The benefits of privacy program management far outweigh the costs Privacy operations aren’t a cost center – it’s a profit center. Through gains in efficiency and reduced spending on outside consultants, TrustArc clients receive a $2.26 return for every $1 spent. 126% return on investment (ROI) . And it doesn’t take long to start recognizing the benefits of a privacy platform either. Clients experience a payback period (the breakeven point) of less than 6 months! In addition to drastically reducing the time to compliance, privacy platform customers reduce their risk of privacy incidents. Less risk equates to $3 million saved annually Eliminating inefficient manual processes, multiple data records, and compliance through spreadsheets pays off. organizations can realize $3.74 million (present value) in benefits from a privacy platform . Imagine what you could do by reinvesting those benefits into your privacy program – or any other area of your organization! ROI of Privacy: Building a Case for Investment Total Economic Impact (TEI) of Privacy Understand the cost savings and business benefits TrustArc enables from the detailed ROI report conducted by Forrester. Through a key customer interview and data aggregation, Forrester concluded that TrustArc has the following three-year financial impact. Unquantified benefits of a privacy platform Saving millions is impressive, but it’s not the only benefit of efficient privacy program management Conducting meetings to discuss and approve privacy compliance is hard to manage for a global organization. Rather than be bound by time zones, implementing a database of accessible privacy information enables timely and global access to privacy operations for all employees. Based on the organization’s governance, TrustArc’s privacy platform can build a customized assessment manager. Risk assessments for specific countries and geographies can also be added as your organization and privacy operations grow. Complying with data privacy and consent regulations is no longer just an option. As organizations seek out new vendors, clients, and partnerships, efficient privacy program management can be a differentiating factor. The threat of steep fines and harm to a company’s reputation requires executives to assess the readiness and risks before entering a third-party agreement. Proving that your organization takes privacy operations seriously can set your organization apart from the competition. And last but not least, privacy matters to your customers. that 96% of Americans agree more should be done to ensure that companies protect the privacy of consumers. It’s not something the IT department or Cybersecurity teams are responsible for alone. For an organization to have efficient privacy practices, every employee must understand the importance of privacy and how they influence the program’s success. Leaders at all levels in the organization should demonstrate a commitment to privacy. Effective privacy operations don’t happen by accident – they happen by design. Use these best practices to embed privacy into your organization’s culture. Be proactive, not reactive. Anticipate invasive data privacy events before they happen and take steps to prevent them from occurring. Sensitive data sharing should happen only after permission has been granted – not automatically. Don’t treat privacy as an add-on . Embed privacy into business practices across the organization. Consider the privacy implications first to make privacy integral to the system. ==================================================================================================== URL: https://trustarc.com/resource/privacy-management-vendor-12-ways-maximize-roi/ TITLE: Choosing the Right Privacy Management Vendor: 12 Ways to Maximize ROI and Business Value | TrustArc TYPE: resource --- Are you frustrated with your current privacy vendor? Do you find yourself questioning whether a could bring true business value to your organization? If you’re facing challenges in finding a privacy management vendor that not only meets compliance requirements but also aligns with your business goals, you’re not alone. Many professionals share similar concerns when evaluating new privacy management solutions—often uncertain about how to maximize ROI or whether a new vendor can truly support their growth and evolving needs. In today’s rapidly shifting digital landscape, adopting the right privacy management vendor is more than a compliance checkbox; it’s an investment that should empower your organization to thrive. This article provides insights and actionable strategies to help you unlock the full potential of your privacy investment. By understanding the keys to maximizing value, you’ll be empowered to turn your privacy program into a strategic asset —proving not only the vendor’s worth but also your role in advancing your organization’s privacy and business objectives. Understanding the Role of a Privacy Management Vendor A privacy management vendor plays a critical role in managing compliance, mitigating risks, and aligning privacy strategies with business objectives. Vendors help organizations handle sensitive data, navigate global privacy laws, and streamline privacy operations across departments. Understanding this role ensures businesses select a partner capable of delivering measurable ROI. 12 ways to achieve real ROI with a new privacy management vendor Explore how a thoughtful approach to vendor selection can lead to meaningful ROI. You deserve a privacy management vendor that not only meets today’s challenges but also grows with your ambitions for tomorrow. Below are 12 strategies to make that happen. 1. Leverage vendor support and training 3. Centralize privacy management 4. Adopt controls-based frameworks 5. Focus on future scalability 7. Utilize analytics and reporting 8. Negotiate contract terms 11. Training on innovation Leverage vendor support and training A robust onboarding experience can make all the difference in realizing the full potential of your new privacy management vendor. Take advantage of all training resources the vendor offers, whether that’s live sessions, recorded modules, or comprehensive documentation. Familiarizing your team with every aspect of the tool enables you to maximize usage and helps everyone get comfortable faster, ensuring a smooth transition. Automating repetitive privacy compliance tasks can be transformative for your privacy program. Not only does it free up valuable time for your team, but it also reduces human error, improving accuracy and efficiency. Look for opportunities to automate data subject requests, vendor assessments, data mapping, , regulatory research, or risk assessments. By letting technology handle repetitive processes and administrative tasks, your team can focus on strategic initiatives that drive real impact. Centralize privacy management Privacy management works best when it’s not siloed within a single department. By using your vendor’s platform as a centralized hub, you can create a unified privacy strategy across legal, IT, compliance, and other relevant departments. This centralized approach not only helps streamline processes but also ensures everyone in the organization is working with the same data and insights, leading to better decision-making. Adopt controls-based frameworks A comprehensive privacy solution should support controls-based frameworks that automatically identify overlaps across multiple privacy laws, regulations, and standards. PrivacyCentral’s controls-based approach eliminates up to 30% of duplicate work, streamlining compliance tracking and reducing the burden on your team. By addressing commonalities in regulatory requirements, you can ensure consistency in compliance efforts across jurisdictions without duplicating tasks. ’s auto-law identification helps you stay up-to-date on relevant global privacy laws and security regulations, making it easier to audit and demonstrate accountability with attestations against 20,000+ privacy and security controls. Focus on future scalability Choosing a privacy solution that can grow with your organization’s evolving needs is critical for long-term success. A scalable vendor allows you to expand features and adapt to new regulations without having to switch platforms, saving both money and time in the future. Think about your organization’s trajectory and ensure your chosen vendor is prepared to meet future demands. With the proliferation of niche specific privacy tools, seamless integration with other tools, such as CRM systems, security platforms, martech, data management, and compliance software, is essential to maximizing the ROI across these tools. By enabling data to flow freely across tools, you’re not only enhancing efficiency but also creating a more cohesive data ecosystem. help orchestrate productivity and ensure your privacy solutions support your broader tech stack. Utilize analytics and reporting Data is key to understanding and improving your privacy strategy. Use the analytics and reporting tools available in your new vendor’s platform to regularly assess your privacy processes. PrivacyCentral’s robust reporting offers on-demand benchmarking and executive-level insights. It allows you to measure your organization’s baseline against compliance standards and choose a tailored approach to readiness. This powerful data capability helps you demonstrate accountability, track progress, and optimize strategies aligned with ROI goals. When working with a new privacy management vendor, be sure to negotiate terms that benefit your organization, including favorable pricing, service levels, and support availability. Don’t hesitate to revisit these terms during renewal periods, as this is an ideal time to secure enhancements to the service that align with your usage and goals. A well-negotiated contract can directly impact your ROI by reducing costs and enhancing support. A “set it and forget it” approach doesn’t work when it comes to maximizing ROI. Schedule periodic evaluations of your privacy management solutions to ensure it’s delivering the expected results. Use these assessments to identify any gaps in functionality, efficiency, or support and address them proactively, helping you stay on track with your ROI goals. Over time, your team might need a refresher on certain features or best practices. Request routine training sessions from your vendor to reinforce specific skills and deepen your team’s knowledge. These refreshers can help your team fully utilize the solution and develop a “muscle memory” for essential tasks, making day-to-day usage more intuitive and efficient. Privacy technology evolves quickly, with new features and improvements emerging regularly. Request quarterly updates or training from your vendor on recent innovations or feature enhancements, especially those that could drive specific ROI metrics. Staying updated on the latest capabilities ensures that your organization is getting the most out of its investment. By taking these steps, you’re setting the stage for a successful partnership that maximizes ROI and strengthens your organization’s overall privacy compliance framework. Each strategy builds upon the next, empowering you to make the most of your new privacy vendor and ensuring your privacy program is an asset to your business. Achieving lasting ROI with a privacy partner that grows with your business Maximizing ROI with a privacy vendor is about more than just implementing technology—it’s about building a partnership that truly supports your organization’s goals. By following these 12 strategies, you’re not only positioning your privacy program for success but also transforming it into a core driver of business value. Each step helps you harness the full potential of your privacy solution, ensuring it grows with your needs and adapts to an ever-changing regulatory landscape. If you’re ready to partner with a vendor that brings both innovation and commitment to your privacy goals, consider TrustArc. With solutions designed to prioritize automation, centralize , and support scalability, TrustArc empowers organizations like yours to achieve real ROI. Join the professionals who’ve discovered a vendor that aligns with their ambitions and delivers privacy as a strategic asset. Let TrustArc be the partner that turns your privacy program into a powerful advantage. Total Economic Impact of TrustArc Discover the cost savings and business benefits enabled by TrustArc. Why and How Companies Switch Sick of your current privacy management vendor? Discover TrustArc’s proven process for seamless privacy vendor migration. ==================================================================================================== URL: https://trustarc.com/resource/11-signs-its-time-to-switch-your-privacy-management-vendor/ TITLE: 11 Signs It’s Time to Switch Your Privacy Management Software Vendor | TrustArc TYPE: resource --- Making the decision to switch privacy management vendors isn’t easy, but if you’ve been feeling that nagging sense of doubt, stress, or even indifference when dealing with your current vendor, know that you’re not alone. Many privacy, legal, and tech professionals face similar crossroads with their vendors. Privacy needs are constantly evolving, and a vendor who fit the bill last year might not be meeting your standards today. If you find yourself wondering, Is this a rough patch, or is it time to start looking for a vendor who better understands my needs? —you’re asking the right questions. It can feel overwhelming to consider switching, especially if you’ve invested time, resources, and trust. But staying with a vendor that no longer serves your best interests often causes more stress, risking inefficiencies, lost resources, and potentially even regulatory missteps. Managing data privacy risks effectively is crucial, as it can significantly influence your decision to switch vendors. This article will walk you through the 11 key indicators that it might be time for a change. Switching vendors is not a step backward; it’s an investment in finding the right partner who truly values and strengthens your privacy initiatives. When enough is enough: 11 signs you need a new privacy management vendor If you’re reading this, you may already suspect your privacy management vendor isn’t delivering as promised. In today’s fast-evolving privacy landscape, your tools and support need to work with you—not against you. Here are 11 signs it may be time to find a vendor who better understands and supports your unique privacy needs. 2. Data privacy regulatory non-compliance 3. Poor integration capabilities 4. Slow, misguided, or unreliable support 5. High total cost of ownership 6. Outdated or difficult-to-use interface 7. Limited automation capabilities 8. Security vulnerabilities 11. Insufficient innovation If your vendor can’t keep up with the growing volume of data or accommodate new regions as your business expands, they’re likely holding you back. Scalability is essential to effective privacy management—especially as your organization grows. You need a vendor who can grow with you, not one who struggles to keep pace. Data privacy regulatory non-compliance Privacy laws are constantly evolving, and keeping up is no easy task. If your vendor is missing updates, struggling to keep compliant, or unable to align with regulations like , or other frameworks critical to your industry – especially in terms of – it’s a serious red flag. With stakes this high, you need a partner committed to staying on top of changes and updating tools in real time. Poor integration capabilities A good privacy solution should complement your existing tech ecosystem, not complicate it. If integrating your privacy tools with other essential systems (CRM, ERP, marketing automation, data management) feels like fitting a square peg into a round hole, it’s costing you time and productivity. Seamless integration is a basic requirement, and a vendor who can’t provide it might not be the right fit. Slow, misguided, or unreliable support Nothing is more frustrating than needing help and not getting it. If you’ve experienced delayed responses, unhelpful support, or guidance that feels out of touch with your needs, it’s a sign your vendor may not understand where you are in your privacy journey. Support should be a lifeline, not a source of stress or delay. High total cost of ownership Many organizations start with one budget only to find hidden fees and escalating costs along the way. If your current vendor’s costs are increasing without bringing clear added value or improvements, it’s worth evaluating the financial impact. A good vendor should be transparent and have a pricing structure that reflects the true worth of their service. Outdated or difficult-to-use interface Your privacy management tools should empower you, not create extra headaches. If you or your team find the interface clunky, outdated, or simply hard to use, it could lead to inefficiencies and mistakes. A modern, intuitive interface is essential for privacy management in today’s fast-paced environment. Limited automation capabilities Manual processes can be draining and increase the risk of human error. If your vendor’s solution still relies heavily on manual steps that could be automated, such as , it may be time to look elsewhere. Privacy management has become too complex to leave automation out of the equation—your team needs tools that simplify, not overcomplicate, their work. A privacy vendor should prioritize security, not just for compliance but to safeguard your data at every turn. If your vendor has failed to address or mitigate potential security risks, they may be jeopardizing your organization’s data and reputation. This level of vulnerability isn’t worth the risk in today’s high-stakes privacy environment. No two businesses are exactly alike, and a one-size-fits-all solution may fail to meet your specific needs. If your vendor can’t offer flexible options or fails to provide tailored solutions, it’s a strong sign they’re not prepared to support your unique privacy requirements. Customization is key to building an approach that truly aligns with your goals. Has your vendor faced recent financial troubles, layoffs, or operational concerns that make you question their longevity? Vendor stability is crucial for continuity. Any uncertainty in your provider’s ability to support you long-term can leave you vulnerable, especially when it comes to privacy, where trust and reliability are paramount. In a rapidly evolving market, staying still means falling behind. If your vendor seems reactive, continuously playing catch-up, or is slow to roll out new features, you may find yourself at a disadvantage. You need a vendor who is proactive, forward-thinking, and committed to keeping you ahead of the curve in privacy innovation. Switching vendors is a significant decision, but sometimes it’s necessary to protect your privacy goals and peace of mind. The right vendor will work with you to meet today’s demands while anticipating tomorrow’s challenges, helping you take each step forward with confidence. Easing the transition when switching vendors It’s natural to worry that migrating to a new privacy management software vendor will add unnecessary strain to an already busy team. In fact, it’s one of the main reasons many organizations hesitate to make a switch, even when they know it’s time. But with the right support, this transition can be far smoother and less disruptive than expected. At TrustArc, our dedicated Customer Success, Implementation (CSI), and Data Migration Support teams work to ensure your migration is seamless and respect your team’s time. From managing the complexities of large data migrations—including records, consents, and evidence—our experienced professionals focus on minimizing the impact on your operations. With specialized tools and a commitment to streamlined data integration, we make the process as turnkey as possible, allowing you to refocus on the that matter most to your privacy and data governance goals. Why and How Companies Switch Sick of your current privacy management vendor? Discover TrustArc’s proven process for seamless privacy vendor migration. 13 Red Flags to Avoid in Privacy Compliance Solutions Learn how to identify 13 critical red flags in privacy compliance solutions and make confident, informed decisions to safeguard your organization. ==================================================================================================== URL: https://trustarc.com/resource/the-top-4-data-privacy-trends-you-need-to-know/ TITLE: The Top 4 Data Privacy Trends You Need to Know | TrustArc TYPE: resource --- Did you catch our latest webinar, “ The Top Data Privacy Trends to Watch for in 2022? Privacy industry experts from TrustArc, got together to discuss what they are seeing in the world of privacy law, and what you can expect to see more of in the year ahead. Here are the top 4 upcoming data privacy trends you should know: New privacy regulations to come In 2021 new privacy regulations were introduced around the world. There was a wave of activity in Brussels and new privacy laws were enacted in Next, all eyes are on India’s high-profile Personal Data Protection Bill (PDPB). India is expected to be the next big player in the world of privacy law. This bill can potentially impact a huge portion of the world’s population. Many privacy experts have also been closely watching the US and wondering if a sweeping federal bill will overrule much of the state-by-state legislation approach. However, this may be less of a data privacy trend to watch. The experts aren’t holding their breath and think more state-level action in place of a federal bill is likely For example, as of February 2022, there are over across the United States. Although they’re not all likely to pass, it is likely we will see more states adopt privacy laws similar to California and Colorado. Privacy as a strategic priority Experts also believe that the strategic importance of privacy functions will begin to come full circle. When the role of the Chief Privacy Officer first rose to prominence in the late 1990s, it was not driven by regulatory mandates. Organizations recognized the importance of data and the complexities involved with managing it properly. Early CPOs were filling a strategic role to help these companies integrate data into their business functions. Once regulations like and others came into play, the role became more about compliance. Now, CPOs have to stay on top of the evolving set of laws and regulations that are being introduced at lightning speed. Next year, privacy will become more of a strategic priority again. Companies will focus on integrating baseline privacy compliance factors into operations and product development. The privacy team will begin to work more hand-in-hand with business units to help every department — from marketing to product development — achieve their goals. The changing role of privacy professionals As privacy becomes a strategic priority the role of privacy professionals will naturally evolve as well. Privacy professionals will begin to think more like product developers, with a roadmap of that guide their efforts throughout the year. Whereas in the past, privacy teams sometimes took a band-aid approach to complying with new legislation as it was introduced. Now they’ll look more holistically at broader trends in data privacy legislation and execute continuous iterative improvements to privacy programs to meet the needs of multiple laws at once. Privacy and emerging technologies It’s no surprise that technology evolves at a rapid pace. Expect to see new regulations being introduced to cover emerging technologies like artificial intelligence (AI). The most technologically advanced companies are still sorting out exactly how to define and use AI within their business. At this stage, it’s unclear what path regulators will take to reign in the technology — or the applications of the technology. To date, draft legislation in Europe has taken a product safety approach. Whereas some of the state laws in the US focus on automated decision making and a federal initiative from the White House focuses on bias, discrimination, equity, and fairness. AI regulation is opening up a host of new data privacy trends that regulators around the world are contemplating. Expect more developments around privacy and AI this year and for years to come. ==================================================================================================== URL: https://trustarc.com/resource/marketing-consent-preference-management-and-why-it-matters-to-you/ TITLE: Why Marketing Consent & Preference Management? | TrustArc TYPE: resource --- Why does marketing consent matter? These interactions between consumers and advertisers are nothing new. Still, the big difference now is that regulations and lawmakers are catching up – and the penalties can be massive if companies aren’t complying with consumer marketing consent & preferences. For some context, here are some companies that have already been dinged for not complying with the localized laws in places where they are doing business: H&M | $35.3 Million | GDPR Fine Tik Tok | $92 Million | CCPA Privacy Class Settlement This may seem scary, and it is – but don’t let this pending dread over privacy regulation get you down. There is a strong chance these regulators won’t be coming for your business…yet. The fact is that these companies are big and popular and regulators are using them as an example. There is still time for your business to get ahead of the pending tsunami of fines that are inevitably headed our way. Consent management is getting easier The good news is the privacy industry is catching up with these laws and regulations. It’s easy to monitor, update, and store the data associated with your customer’s consent and preferences You need a SaaS system from an industry leader that can get you there…hint, hint. In summary, the industry is shifting and changing fast. New laws are being passed all the time. In fact, that by 2023, 65% of the world’s population will have its personal data covered under modern privacy regulations. The good news is it’s never been easier to navigate such a complex and intense industry – TrustArc is here to help. Regulators are catching up with the rapidly changing privacy laws being introduced all around the world Big companies are feeling the pain as regulators are starting to enforce the law – and the fines are massive Privacy specific SaaS companies, like TrustArc, can help your company get compliant fast, so you can start working with more confidence ==================================================================================================== URL: https://trustarc.com/resource/latest-iab-tcf-google-cmp-requirements/ TITLE: Compliance in Focus: Exploring the Latest IAB TCF v2.2 & Google CMP Requirements | TrustArc TYPE: resource --- New requirements for businesses using Google Ads in Europe Recently, Google announced new Consent Management Platform (CMP) requirements for businesses using Google Ad Manager to serve ads in the European Economic Area (EEA) and the UK. These requirements apply to all publishers using: Using a Google certified CMP that integrates with the Internet Advertising Bureau (IAB) Transparency and Consent Framework (TCF) when serving ads to users in the EEA and UK will become a requirement. If you are a publisher serving Ads in the EE and UK and you use Google AdSense, Ad Manager, or Admob, you to use a CMP that is certified with Google (such as TrustArc) and have integrated with IAB TCF by January 16, 2024, otherwise, only limited ads will be eligible to serve on EEA or UK traffic. Google explains, “The decision to require our publishers to adopt the IAB TCF follows on from IAB Europe’s announcement that TCF V2.2 has been finalized, which further supports consistency in the online advertising consent experience. This decision is also a continuation of our 2020 commitment to support industry efforts aimed at managing user transparency and consent through a standardized framework.” As a result, Google has made available that meet their specifications. To become a certified CMP, vendors are assessed by Google against their rigorous certification criteria based on TCF compliance. The IAB Europe also provides that have passed the compliance checks required by its Programme. What is the IAB TCF v2.2? The IAB TCF works as a system for communicating the state of user consent between first parties (publishers) and third parties (advertisers) using the Consent Management Platform in use on a website. TCF is a set of technical specifications and policies that help publishers and advertisers comply with the ePrivacy Directive and the General Data Protection Regulation (GDPR) in the EU. Support for the TCF framework is available to clients that are publishers in the EU. is an updated version of this framework released in 2023, reflecting the IAB’s commitment to continuous improvement. Improvements to the latest version are as follows: Removal of ‘legitimate interest’ as a legal basis for some Purposes Additional Purpose 11 to enhance the user’s content experience More descriptive names and explanations of Purposes and Features to aid users’ understanding Standardization of additional information about vendors to improve transparency Specific requirements to facilitate users’ withdrawal of consent IAB TCF v2.2 support facilitates improved privacy compliance, transparency, and standardization in the digital advertising ecosystem while giving users more control over their data. Not adhering to IAB policies carries significant repercussions (losing customer trust and compliance), as it can lead to expulsion of the CMP from the list of IAB TCF v2.2 compliant CMPs. By November 20th, TrustArc and other CMPs will be obligated to update customers using our IAB TCF solution to TCF v2.2. This is a requirement for all CMPs registered with the IAB. IAB TCF v2.2 support ensures that your consent management platform aligns with the latest IAB TCF standards. If you’re a publisher and target users in the EEA or UK using TrustArc’s IAB TCF solution, we strongly recommend you begin testing IAB TCF v2.2 in time for the November 20th IAB deadline. TrustArc, as an IAB registered and a Google certified CMP, will provide the user interface compliant with IAB, help identify and display your IAB advertising partners using our scanning technology, and provide the consent signaling to the downstream Ad partners in adherence with the TCF standards. Complying with the latest Google CMP requirements: Best practices for organizations With increasing regulations and enforcement actions on cookies, tracking technologies, and ad tech – TrustArc ensures your marketing and advertising remain compliant: Conduct comprehensive scans on your website, such as e-tags, JavaScripts, and beacons, to identify unknown or suspicious trackers to meet compliance requirements, such as those outlined in CCPA (California Consumer Privacy Act) Automatically categorize cookies into required, functional, and advertising categories, eliminating the need for manual intervention. Simply review the categorized cookies. automatic blocking functionality to accommodate various consent use cases, including “zero-cookie load.” (GPC), honor Do Not Track requests, and respect opt-outs for selling or sharing data. Ensure compliance with regulations such as GDPR (General Data Protection Regulation) and CCPA to avoid costly legal disputes and damage to brand reputation. Effortlessly manage geo-dynamic cookie disclosures, end-to-end tracker monitoring, and compliance reporting. Consent and Preference Manager Put your customers first with customizable privacy experiences, enforced across your entire marketing and vendor ecosystem. ==================================================================================================== URL: https://trustarc.com/resource/proactively-manage-privacy-risk/ TITLE: How Organizations Can Proactively Manage Data Privacy Risk | TrustArc TYPE: resource --- Today’s organizations need to proactively manage privacy risk before a crisis occurs. Just like you wouldn’t wait until after a vehicular accident to put on a seatbelt. You want to be ready. Managing privacy risk in a rapidly changing digital world is no easy feat. In addition to consumer expectations, numerous global regulations apply to data privacy and security. Let’s also not forget that more employees are working remotely than ever. If you haven’t already, now is the time to ramp up your privacy program to encompass risk management and data processing management activities. 71% of countries have put legislation into place to secure data and privacy protection. Start managing data privacy risk You can’t manage privacy risk if you don’t have a clear picture of your data activities. When setting up a privacy program, every organization needs to ask: Where is my data? What is stored? How is it used? What risk level is there for each of my data activities? What controls and assessments must be implemented to mitigate that risk? Customer information isn’t the only type of data you need to consider. Organizations also have intellectual property data, financial data, and to manage and protect securely. The rise of a remote or hybrid workforce has also added to the heightened threat environment organizations are experiencing today. And that’s not likely to change soon. found that 66% of employers around the world are making changes to accommodate hybrid work arrangements. Even though remote and hybrid work comes with many benefits including productivity and employee retention, it puts greater pressure on privacy and security professionals to proactively manage privacy risk. Employees are your greatest vulnerability confirms, 85 percent of data breaches are caused by human error. Employees are both your weakest link and your strongest link when it comes to managing privacy risks. To better understand inside threats, the 2022 Ponemon Cost of Insider Global Threats Report divides insider threats into three categories. Employee or contractor negligence Criminal or malicious insider Credential thief (imposter risk) Employee or contractor negligence is the greatest threat, accounting for 56 percent of insider attacks analyzed in 2022. While technical security solutions exist, organizations can do more to protect sensitive data and manage privacy risk internally. Privacy and security training isn’t just for a select few employees. It needs to be embedded into company onboarding, training, and consistently refreshed. Provide employees with training that raises awareness of the importance of data protection and the consequences of a breach. Don’t forget to include how to handle attacks, company processes, and examples of insider attacks. In addition to training, it’s important to consider what roles need access to sensitive information. Based on job scope, organizations should to sensitive data and customer information. Even if you think your organization is too small to be at risk, think again. As society becomes more dependent on digital technologies, companies of all sizes will need to think proactively about data protection. Additional guidance to manage data privacy risk offers three strategies for organizations to manage security and privacy risk. Evaluate your current level of security and processes for preventing privacy and security vulnerabilities. Include the amount of time devoted to testing and maintaining software for risks. By doing so, you can determine the amount of time and effort required to adequately secure systems. Embed security into software design and deployment life cycle. Demonstrating that security and privacy controls are not simply an afterthought but are a core requirement in and of themselves. Ensure that their privacy and security controls are proportional to the volume and complexity of the code they seek to protect. Additionally, it’s important to consider the following for managing privacy risks. Individual data processing risks The main organizational risks from a privacy perspective are; data security, changing legal frameworks, international data flows, and enforcement action and court cases. For individuals, privacy risks are centered on data processing sensitivity, such as the volume of data being processed and shared, the individuals involved in data processing, unnecessary data processing, and unexpected secondary data uses. Manage privacy risk in today’s climate With the rise of the remote workforce, working from home now requires risk management. Data usage, transfers, and even video-conferencing can be subject to regulations. How data privacy is maintained within a home environment such as how printed documents are handled, computer devices used while working, and data storage and clearing are additional risks that need to be considered. Focusing resources on high risk areas Organizations need to understand the balance between risk, severe consequences of that risk, and the likelihood of that risk occurring. To prioritize resources effectively, identify the highest risk areas and tackle those immediately. Risks with high severity and high likelihood of occurring should be prioritized for prevention, protection, and recovery measures. Risk reporting to executives The Board of Directors is responsible for risk oversight and governance – critical to organizational strategy. Key areas of risk for the board of directors include: Business Management Risks Critical Enterprise Risks Specific privacy topics reported to the board of directors and management include: Status of compliance with GDPR Privacy program key performance indicators Progress on privacy initiatives Accountability is also important to report. As it demonstrates compliance, a structured review process, and detailed management reporting. Manage, automate, and continuously Monitor data privacy risk Organizations can manage privacy risk by dividing it into five key pillars. Identify, Assess, Analyze, Remediate, and Ongoing Monitoring. Wherever possible, you will want to automate these processes to streamline the user experience and best manage privacy risk. The longer an organization has been established, the more likely it has amassed a rather large collection of data. These data graveyards have their own risks and may also be subjected to regulations. ==================================================================================================== URL: https://trustarc.com/resource/fast-moving-ai-and-privacy-regulations/ TITLE: Stay on Top of Fast-Moving AI and Privacy Regulations | TrustArc TYPE: resource --- The AI governance landscape is shifting — fast. From US Senate bills and executive orders to emerging guidelines and best practices, regulatory entities across the globe are making moves to shape the way organizations handle AI and privacy. With Nymity Research, you can access all the latest global regulatory information, vetted by more than 20 in-house legal experts. There are 200+ references on AI in Nymity Research. Check out a few of our favorites that we have made publicly free below: FTC Highlights Scope of Enforcement Powers (Jan 2024) Model-as-a-service AI companies who develop and host models to third-party businesses will be subject to FTC enforcements for confidentiality and privacy violations where its AI models unlawfully obtain and process customer personal data, companies fail to deliver on commitments made to its customers (e.g. disclosing customer’s sensitive health data to advertising companies despite its promise against this, as stated within a privacy policy), and AI models are used for deceptive practices that may violate anti-trust and consumer protection laws. FTC Banning AI-Based Technology After Lack of Consumer Safeguards (Jan 2024) A retailer deployed AI-based facial recognition technologies (“FRTs”) in its stores without implementing safeguards to detect false positive matches on consumers who were believed to have committed criminal activities, and failed to verify the accuracy of its FRTs. The Company is prohibited from using FRTs for five years, must delete (and notify its third-parties to delete) any images and videos of its consumers collected from its FRTs, and must notify consumers when their biometric information will be enrolled into a database used to operate a biometric security or surveillance system. US Senate Proposes Bill to Boost Accountability and Transparency Requirements (Nov 2023) If passed, the Artificial Intelligence Research Innovation and Accountability Act will require organizations to submit a transparency report detailing the design and safety plans of high-impact AI systems (i.e., an AI system that makes decisions that could impact the opportunities of individuals, such as their right to access housing), provide a transparency notice to inform its users that they are interacting with AI-generated content, and conduct and submit a risk management assessment report on critical-impact AI systems (e.g., the report shall contain the structure and capabilities of the AI system, and a description about how organizations assess DPA Hamburg’s Checklist on the Use of LMM-Based Chatbots (Nov 2023) The checklist provides general guidance for companies that use large language model-based chatbots, such as through the use of generative AI. Notable practices include to document internal guidelines and train employees on permissible uses for such tools, provide employees with professional accounts (do not have them create their own personal account), ensure that no personal data is transmitted to the chatbot where the AI provider is permitted to use the data for its own purposes, and avoid entries that relate to specific individuals (including entries that may allow conclusions to be drawn). How mature is your AI risk management? Automated Decisions: California CPPA Drafts Regulatory Framework for Businesses (Nov 2023) Businesses who use automated decision making technologies (ADMT) shall provide consumers with a Pre-use Notice disclosing its use of ADMT, consumers rights to opt-out of the businesses’ ADMT (e.g. where ADMT are used to make decisions that produce legal effects) and consumers ability to access information about the businesses’ use of ADMT (e.g. the processing parameters of the ADMT). Businesses using ADMT to profile a minor must obtain verifiable consent from a parent or guardian of the child, and shall inform the parent about their rights to opt-out. Employee Data: Global Privacy Assembly Highlights AI Risks (Nov 2023) In light of the risks associated with using AI systems for employment purposes (e.g. processing employee’s personal data ), the Global Privacy Assembly suggests that organizations design AI systems that are human-centric, incorporate data protection principles and privacy by design elements into AI systems, establishing legal basis for processing employee’s personal data, disclosing to employees how AI systems produce automated decisions about them, and allowing employees to exercise their right to request for human intervention when an automated decision is not to their favor. Best Practices: Global Privacy Assembly Regulatory Visions on Generative AI (Nov 2023) Due to growing concerns of the unregulated use of generative AI, the GPA emphasizes implementation of basic data protection principles in the generative AI systems lifecycle (e.g. establishing legal basis for processing personal data and practicing data minimization), conducting DPIAs to identify any data risks throughout the AI lifecycle, implementing security safeguards to defend against attacks particularly aimed towards vulnerable generative AI systems, and disclosing to individuals the purposes of using generative AI. US Executive Order Aims to Address Safety, Security, and Trustworthiness (Oct 2023) The Executive Order calls on Congress to pass bipartisan data privacy legislation to protect all Americans (especially children) from the harms of AI, directs companies developing a foundation model that poses a serious risk to national interests to notify the federal government when training the model and share the results of red-team safety tests before going public (NIST will set rigorous red-team standards), aims to accelerate the development and use of privacy-preserving technologies, develop best practices to mitigate harms and maximize benefits of AI for workers, and advance the use of principles in healthcare. Discover key pillars of AI risk governance and how to implement them effectively to build a strong, ethical AI ecosystem. Maintain continuous compliance with this straightforward roadmap to managing AI technology within your organization. ==================================================================================================== URL: https://trustarc.com/resource/balancing-innovation-and-integrity-the-biggest-ai-governance-challenges/ TITLE: Balancing Innovation and Integrity: The Biggest AI Governance Challenges | TrustArc TYPE: resource --- Artificial Intelligence (AI) has transitioned from novelty to necessity, revolutionizing industries across the globe. But with this seismic shift comes the pressing need for robust AI governance. Privacy, compliance, and security professionals face a dual challenge: enabling innovation while mitigating risks such as algorithmic bias, data breaches, and regulatory penalties. This article delves into the rise of AI governance, the five biggest challenges, practical solutions to navigate them, emerging challenges to watch, and the promising future of The rise of AI governance: Why it’s essential AI is reshaping everything from recruitment to fraud detection, but its growing influence comes with heightened scrutiny. TrustArc’s Global Privacy Benchmarks Report while 74% of businesses prioritize AI for privacy compliance, only 50% feel adequately prepared to address its challenges​​. However, this readiness varies significantly across industries, with technology and financial sectors typically more advanced than sectors like retail or healthcare​. Regulations are also evolving rapidly. , set to take effect in 2025, mandates strict governance for high-risk AI systems, while U.S. states like Colorado require comprehensive documentation of AI impacts. includes requirements for transparency in AI decision-making, echoing broader global trends. Additionally, the U.S. Secure A.I. Act of 2024 , aims to address national-level accountability and oversight of AI systems, although it is not yet finalized. Privacy professionals must lead the charge in navigating this regulatory landscape while maintaining consumer trust. The five biggest AI governance challenges 1. Bias and fairness: Combating algorithmic discrimination AI systems are only as objective as the data they are trained on. Historical biases embedded in datasets can perpetuate discrimination, from hiring decisions to credit approvals. A high-profile example is Amazon’s AI hiring tool, which was scrapped after it was found to penalize resumes that included the word “women’s,” reflecting biases in past hiring practices. Addressing this challenge requires a proactive and ongoing effort. Conduct regular bias audits throughout the AI lifecycle. Leverage diverse datasets and introduce bias-detection tools. frameworks like the Four D’s (Design, Data, Development, Deployment) to mitigate bias risks at every stage​. Considerations for mitigating bias: Diversity in design teams can significantly reduce bias risks. When working with third-party AI vendors, demand transparency about their training data and algorithms. 2. Data privacy and security: Protecting sensitive information AI systems, particularly large language models (LLMs), process vast amounts of sensitive data, making them prime targets for breaches, data poisoning, and model theft. For instance, OpenAI’s ChatGPT allegedly faced a data breach in 2023 after an attacker gained unauthorized access to proprietary information about the design of OpenAI’s AI technologies, highlighting the need for robust security in AI systems. Employ privacy-enhancing technologies like differential privacy and federated learning. to address breaches or data misuse. Safeguards for data-driven AI: Explicit consent is critical when using personal data for AI training. Adopt a “zero trust” approach to secure AI systems, validating identities continuously and minimizing data access. 3. Transparency and explainability: Demystifying AI decisions AI’s “black box” nature makes it difficult to explain how decisions are made, leading to compliance risks and eroded trust. A notable example is the 2019 scandal involving Apple’s credit card algorithm, which was investigated by a US financial regulator for offering significantly lower credit limits to women compared to men, despite similar financial profiles. The lack of transparency in the decision-making process sparked widespread criticism and regulatory scrutiny. Transparency isn’t just a regulatory requirement; it’s a business imperative. Algorithmic Impact Assessments (AIAs) to evaluate risks and explain AI decision-making. Use visual tools like flowcharts or decision trees to communicate AI processes to stakeholders. Tips for making AI explainable: Simplify AI concepts for non-technical audiences, including regulators and consumers. Publish summaries of governance practices to demonstrate accountability publicly. 4. Accountability and liability: Establishing clear responsibility When AI systems fail—whether due to errors, biases, or breaches—who takes responsibility? The answer often determines an organization’s regulatory and reputational risks. Clear accountability frameworks are essential. being investigated by the National Highway Traffic Safety Administration for its Full Self-Driving technology feature, which was allegedly involved in several accidents. The cases underscored the need for companies to clearly define responsibility for AI-driven outcomes. Assign an AI governance officer or establish an AI Risk Committee to centralize oversight. Develop and document processes for human intervention when AI outputs deviate from expected behavior. Strategies for defining accountability: Proactively document all stages of AI development and deployment for regulatory or legal review. Consider specialized insurance policies to cover AI-specific liabilities. 5. Ethical considerations: Navigating moral implications Ethics in AI goes beyond compliance. From predictive policing to workplace surveillance, privacy professionals must navigate the societal and moral implications of AI use. For example, Clearview AI’s facial recognition technology has faced backlash for privacy violations , raising questions about the ethical limits of AI applications. Align AI systems with organizational values, ensuring fairness and inclusivity. Evaluate long-term societal impacts through regular ethical reviews. Embedding ethics into AI practices: Regularly engage with stakeholders, including employees and customers, to identify potential ethical concerns. Explore global frameworks like the How mature is your AI risk management? Emerging AI governance challenges to monitor As AI adoption grows, new challenges continue to emerge. Privacy professionals must stay ahead of these issues to ensure resilient and forward-looking governance strategies: AI and emerging regulations Many jurisdictions are still crafting AI-specific laws, such as the 40+ states that have introduced AI bills , adopted resolutions, or enacted legislation in 2024. For example, the EU’s upcoming is the world’s first comprehensive regulatory framework for AI. It introduces risk-based classifications and mandates stringent requirements for high-risk systems, including transparency, accountability, and human oversight. The Act is expected to set the global standard, influencing AI legislation worldwide. Privacy professionals must track these developments closely and adapt their programs to meet new requirements. For instance, organizations deploying tools must now prepare for obligations such as documenting AI use cases, conducting impact assessments, and ensuring fairness in automated decision-making processes. AI systems often rely on third-party datasets, models, or tools, introducing vulnerabilities. For instance, a breach in a third-party AI supplier could expose sensitive data, as happened with SolarWinds in the cybersecurity space. Conduct regular vendor assessments to evaluate data security, transparency, and compliance risks in your AI supply chain. Evolving AI ethics standards Ethical frameworks for AI, such as the OECD AI Principles and NIST AI Risk Management Framework, are still maturing. Align your practices with these standards and proactively contribute to their evolution. Consider obtaining a Responsible AI Certification to publicly demonstrate that your AI data governance is accountable, fair in practice, and transparently used. Global AI applications may face cultural sensitivities or region-specific legal requirements. For example, China’s AI regulations emphasize content moderation, while the EU focuses on human oversight, underscoring the need for localized assessments. Conduct localized assessments to ensure compliance and cultural appropriateness across different markets. Navigating the challenges: Practical steps 1. Integrate AI into existing privacy frameworks AI governance doesn’t require reinventing the wheel. You can incorporate AI into your existing privacy programs by updating privacy notices, retention policies, and employee training programs​. 2. Leverage advanced risk management tools TrustArc’s AI Risk Governance solutions, which offer pre-built templates, automated risk scoring, and compliance tracking to streamline governance​. 3. Foster a culture of collaboration Establishing an AI Risk Committee ensures cross-functional collaboration, with inputs from technical, legal, and ethical teams. 4. Commit to ongoing monitoring AI systems evolve, and so must your governance. Regularly audit AI outputs, set up anomaly detection mechanisms, and retrain models when necessary. The future of AI governance: Trends to watch Third-party certifications TRUSTe Responsible AI Certification validate responsible practices, increasing consumer trust​. gain traction, businesses will benefit from harmonized governance practices, reducing compliance complexity across borders. The future of AI lies in systems designed with humanity in mind—adaptive, ethical, and resilient. Privacy professionals will play a key role in shaping these systems. Building trust in the AI era AI governance is more than a compliance exercise—it’s an opportunity to build trust, foster innovation, and align with your organization’s values. By anticipating challenges, addressing emerging risks, and leveraging the right tools, privacy professionals can confidently navigate the complexities of AI governance. The AI revolution is here. Are you ready to lead the charge responsibly? Governance in the Era of AI Unlock the knowledge and tools to integrate AI governance with privacy management, harmonize innovation with risk, and build a strong, ethical AI ecosystem. Step-by-Step Guide to AI Compliance Master AI governance with TrustArc’s guide—navigate regulations, manage risks, and future-proof your organization. ==================================================================================================== URL: https://trustarc.com/resource/responsible-ai-regulatory-consultation-shaping-future-across-borders/ TITLE: Regulatory Consultations on Responsible AI: Shaping the Future Across Borders | TrustArc TYPE: resource --- In an era where artificial intelligence (AI) is being rapidly integrated into everyday life and business operations, privacy concerns have increased. AI systems, which often process vast amounts of personal and sensitive data, necessitate robust guidance and regulations to safeguard privacy and protect individual rights. Governments and regulators worldwide are developing frameworks and seeking stakeholder feedback to ensure the ethical and responsible use of AI AI technologies, including machine learning algorithms and generative models, can analyze and utilize personal data in ways that may not always be transparent or understandable to users. These systems can inadvertently reveal personal information, reconstruct sensitive data, or even make decisions that impact individuals’ lives without sufficient oversight. The risk of data breaches, unauthorized data usage, and the potential for discriminatory outcomes highlights the need for stringent privacy protections. Regulations like the EU’s , and U.S. Colorado’s Consumer Protections for AI provide some essential safeguards. They ensure that AI systems adhere to principles of data protection, such as , purpose limitation, and transparency. For instance, GDPR mandates clear consent for data collection, limits data use to specified purposes, and grants individuals rights to access and rectify their data. These regulations aim to mitigate risks associated with data misuse and ensure that AI technologies operate within defined ethical and legal boundaries. In addition to privacy, ethical considerations are integral to AI governance. Regulations often address issues such as fairness, non-discrimination, and the prevention of harmful outcomes. By embedding these principles into legal frameworks, policymakers aim to ensure that AI technologies are developed and used in ways that respect human rights and societal values. As AI continues to advance and integrate into various sectors, governments and agencies worldwide are developing frameworks and seeking stakeholder feedback to ensure its ethical and responsible use. Recent consultations reveal differing approaches to AI regulation, reflecting each country’s priorities, strengths and potential areas for development. How mature is your AI risk management? AI governance refers to the policies, ethical principles, and regulations that guide the creation and application of AI technologies. It involves frameworks to ensure transparency, fairness, and accountability in AI algorithms while addressing issues like data privacy and safety. Collaboration among AI practitioners, educators, and policymakers is vital for developing robust governance frameworks. Tools like logging GPU usage or maintaining an AI registry could enhance responsible AI governance by tracking algorithm usage, performance, and ownership. This process includes diverse stakeholders to balance representation and effectiveness. Why does AI governance matter? The rapid adoption of AI presents significant benefits and risks. Without proper AI governance practices, unintended consequences like bias, privacy violations, and economic disruptions may arise. Trustworthy governance minimizes risks and ensures AI systems operate safely. Implementing AI governance through collaboration, transparency, and safety research fosters ethical innovation and mitigates harm. Global approaches to AI governance France – Privacy and compliance based CNIL’s recent consultations explore how AI models comply with the GDPR, the resources required for training and developing foundation models, the computing power necessary for such tasks, and the types and sources of data needed. Specific questions raised by the CNIL address the advantages and disadvantages of using on-site infrastructure versus third-party cloud services, the role of graphics processing units (GPUs), the impact of data from adjacent markets, potential competitive dysfunctions, the influence of minority interests, and the implications of European regulations like the EU AI Act and on the sector’s dynamics. Running until September 1, 2024, the consultations provide a crucial opportunity for businesses and stakeholders to take part in building clear frameworks for GDPR compliance and ensuring that AI models respect privacy and data protection standards. Under draft guidelines, data controllers are required to justify any deviations from these principles and sort data to retain only pertinent annotations. When creating training datasets for third parties, annotations should be relevant and comply with GDPR. Transparency is crucial, including informing about annotation purposes and security measures, while sensitive data requires strict adherence to legal provisions and enhanced security measures. A data protection impact assessment (DPIA) will be necessary for high-risk scenarios and ensures personal data is reused lawfully, either from public sources or third parties. UK – A comprehensive and flexible approach The UK is making significant strides in addressing the multifaceted challenges and opportunities presented by AI. Through a s eries of guidelines and consultations articulated a clear vision for the development, deployment, and regulation of AI technologies. (1) the necessity of a lawful basis for using personal data in AI training, underscoring compliance with data protection laws like the UK GDPR, (2) purpose limitation, stressing that AI data should be collected and used for specific, explicit, and legitimate purposes, (3) accuracy of AI outputs for maintaining the credibility and utility of AI applications, (4) embedding individual rights into generative AI models, and (5) a proactive approach to AI system security, including staff training, secure system design, threat modeling, and robust asset protection measures. The ICO UK requires developers to pass a three-part test addressing the purpose and necessity of processing, and a balance of interests, to justify using legitimate interest as a legal basis under UK GDPR. The ICO is particularly interested in how developers can demonstrate the necessity and impact of their processing while ensuring effective risk mitigation. Developers must ensure that model accuracy aligns with its intended purpose and transparently communicate this to users. For applications requiring accurate outputs, such as summarizing customer complaints, the accuracy of the model is crucial. However, for creative purposes, like generating storylines, accuracy is less critical. Both developers and deployers are responsible for implementing risk-mitigating controls and providing clear information on accuracy and usage to avoid misuse. Businesses must have processes for respecting individuals’ rights throughout the AI lifecycle, from training and fine-tuning to model output and user queries. This involves clear communication about data use, providing access to personal data, and respecting rights such as erasure and restriction while considering impacts on model fairness and accuracy. The UK’s Department of Science, Innovation and Technology (DSIT) proposed a voluntary Cybersecurity Code of Practice aimed at enhancing AI system security. The Code advocates for proactive security measures, including staff training, secure system design, threat modeling, and robust asset protection. It covers various stakeholders, from developers and operators to data controllers and end-users, emphasizing secure development, deployment, and maintenance of AI systems. The UK’s approach to AI regulation is deeply rooted in ethical and legal principles, particularly around data privacy and protection. This contrasts with the more laissez-faire approach seen in some other regions, where rapid innovation is sometimes prioritized over regulatory compliance. A consistent theme across the UK’s guidelines is the emphasis on transparency and accountability. US – Focus on consumer protection and fairness Recent consultations and requests for information (RFIs) from various government bodies underscore the complexities and multi-faceted nature of AI implementation and oversight. The AI definition provided by the National Institute of Standards and Technology (NIST) and the Department of the Treasury, generally aligns with President Biden’s Executive Order on Safe, Secure, and Trustworthy Development and Use of AI . This consistency is crucial for establishing a unified approach to AI across different regulatory frameworks. The evolving scope of AI applications, from consumer protection to financial services, reflects the expanding role of AI in various sectors. Across all consultations, there is a strong emphasis on identifying and mitigating risks associated with AI, and there is a specific interest in how AI can improve the efficiency and effectiveness of these processes while ensuring fairness and transparency. The guidelines will significantly impact businesses by imposing stricter requirements for transparency, fairness, and accountability in AI systems. FTC’s proposed rules to combat AI-driven impersonation scams, aim to strengthen protections against scammers who impersonate government agencies or businesses by using their logos, email addresses, or web addresses. The rule would allow the FTC to pursue direct federal court actions to recover funds from such scams and includes new prohibitions on impersonating individuals for unlawful purposes. NIST’s draft guideline for secure AI software development outlines practices for AI model producers, system producers, and system acquirers. The guidelines cover defining security requirements, managing software vulnerabilities, and using automated tools to support secure development throughout the software lifecycle, and emphasize protecting code and data, designing secure software, and addressing vulnerabilities. The aim is to help organizations implement a risk-based approach to secure AI model development and ensure robust software security. Canada – Ethical standards for SMEs The Canadian Digital Governance Standards Institute (DGSI) is currently in consultation on its second edition of standards for the ethical use of AI by small and medium organizations, which are entities with fewer than 500 employees. Open until September 16, 2024, the consultation aims to establish a comprehensive framework for integrating ethics into AI systems, covering both internally developed and third-party tools. The framework includes identifying key actors and their responsibilities, implementing risk assessment and mitigation strategies, and ensuring continuous monitoring and transparency. Additionally, the standard emphasizes creating a robust risk management framework with oversight, risk assessments, and strategies to mitigate bias and harm. Businesses are encouraged to document and regularly review their AI systems’ performance and ethical impact, including the data used for training models, and should ensure that there is a process for affected individuals to appeal AI decisions and handle data responsibly. The ethical standards will require businesses, especially small and medium-sized ones, to implement comprehensive risk management frameworks, including oversight and regular risk assessments of their AI tools. Businesses will need to address biases, ensure data protection, and establish processes for transparency and appeals. This will likely increase operational costs and administrative efforts but will enhance ethical practices and accountability in AI deployments. Peru – Risk-based and ethical approach The government of Peru sought comments on a draft regulation concerning high-risk AI systems to ensure their responsible use while promoting economic and social development. The draft categorizes AI systems based on risk levels: unacceptable, high, medium, and low, setting strict requirements for high-risk systems, such as those used in biometric identification or credit evaluation. Unacceptable risks, including manipulative or discriminatory AI uses, are strictly prohibited. It will also require businesses to implement robust risk management and transparency measures for AI systems, particularly for high-risk applications. Businesses will need to provide clear disclosures about AI interactions, maintain detailed records, and develop ethics policies. Compliance will involve managing biases, protecting privacy, and ensuring human oversight, potentially increasing operational costs but also fostering trust and responsible AI use. Taiwan – Human-centered and innovative approach In the Asia-Pacific, Taiwan’s National Science and Technology Council (NSTC) consultation on AI law stands out for its attempt to balance innovation with societal impacts, and its comprehensive approach to AI principles. The consultation seeks public feedback on principles governing human autonomy, data protection, transparency, and accountability. Comments are invited until September 13, 2024, to refine this regulatory approach. The law will require businesses to adhere to new regulations on data protection, transparency, and risk management. Businesses will be required to ensure their AI systems comply with principles of fairness, accountability, and privacy, potentially increasing operational costs. They will also need to adapt to new standards for data sharing and risk assessments, and may benefit from access to a regulatory sandbox for innovation. Additionally, fostering AI literacy and addressing potential biases will become integral to their operations. Discover key pillars of AI risk governance and how to implement them effectively to build a strong, ethical AI ecosystem. Stay ahead of the curve and maintain continuous compliance with this straightforward roadmap to managing AI technology within your organization. Who gets AI right – AI oversight across borders The global landscape of AI governance is marked by diverse approaches reflecting each region’s regulatory priorities and philosophies. Consistency in definitions and focus The US stands out for its consistent AI definitions across consultations, facilitating clarity for stakeholders. France also maintains consistency through GDPR, though it may be less adaptable. Taiwan covers principles such as human autonomy, sustainable development, societal well-being, and information security. Risk management and governance All regions emphasize robust risk management and governance, but approaches vary. The UK’s flexible framework contrasts with France’s rigid GDPR compliance, while Peru’s focus on high-risk systems and Taiwan’s holistic model offers different balances between regulation and innovation. Canada’s standard outlines a comprehensive risk management framework, including oversight, risk assessments, and mitigation measures. The US provides detailed sector-specific guidance, particularly in financial services, highlighting its tailored approach. In contrast, other countries like Canada and Taiwan offer more generalized frameworks that apply across sectors. Canada’s approach is notable for its detailed guidance tailored to small and medium-sized businesses, emphasizing practical implementation of ethical principles. Taiwan’s human-centered principles and Peru’s focus on ethics in high-risk applications highlight a strong commitment to ethical AI. The UK and the US also address ethical considerations but within broader regulatory contexts. Engagement with stakeholders The US’s inclusive approach in seeking stakeholder feedback contrasts with the more prescriptive models of other countries, reflecting a broader effort to incorporate diverse perspectives into AI governance. Taiwan promotes innovation through regulatory sandboxes and public-private partnerships, with a broad focus on aligning AI with societal goals. How diverse regulatory approaches shape business practices and innovation The diverse approaches to AI governance across France, the UK, Peru, Taiwan, Canada, and the US significantly impact how businesses develop and deploy AI technologies. In France, strict GDPR compliance necessitates rigorous data protection practices, requiring businesses to justify data handling practices, ensure robust data protection, and implement detailed data governance and quality assurance protocols, potentially increasing operational costs but ensuring robust privacy safeguards. The UK’s flexible framework encourages innovation while balancing regulatory oversight, which may benefit businesses by providing clearer guidelines and fostering adaptive practices. The emphasis on clear communication and accountability contrasts with more opaque regulatory environments. Peru’s focus on high-risk AI applications and transparency imposes stringent requirements on high-impact sectors, including clear disclosures and detailed ethics policies. This approach aims to balance innovation with responsible AI use. Taiwan’s human-centered approach, requires companies to align with principles of fairness and transparency, adapt to new data protection standards, and use a sandbox environment to test innovations. This approach seeks to harmonize technological advancement with societal impacts promoting ethical AI development and broader societal acceptance. Canada’s tailored guidance requires SMEs to implement comprehensive risk management practices, address biases, and establish clear processes for transparency and appeals, potentially increasing operational costs but enhancing ethical standards. The US provides comprehensive, sector-specific guidelines that address various risks and opportunities, offering clarity for businesses operating in specific industries but potentially leading to regulatory fragmentation. In the US, businesses face rigorous requirements for transparency and fairness, with a focus on preventing misuse and ensuring secure development practices. This reflects a growing concern for protecting consumers and ensuring robust AI governance. While each country approaches AI governance with distinct strategies, common themes emerge around the need for transparency, ethical considerations, and effective risk management. Each framework offers valuable insights into balancing innovation with responsibility, reflecting the global effort to navigate the complexities of AI technology in the modern world. Access detailed insights about government and regulator consultations regarding the responsible and ethical use of AI. Find more resources about AI regulations, responsible AI, and how to manage data privacy in a world of AI systems. ==================================================================================================== URL: https://trustarc.com/resource/navigating-algorithmic-accountability-in-ai/ TITLE: Navigating Algorithmic Accountability in AI | TrustArc TYPE: resource --- Considerations for privacy professionals In a landmark year marked by significant AI advancements, it’s vital to prioritize transparency, accountability, and respect for privacy rights. Privacy professionals have been tasked with guarding against the of automated decision-making for some time, including potential harms that result in loss of opportunity, economic loss, social detriment, and loss of liberty. Guiding solutions that address algorithmic discrimination risks is a tricky but necessary business. Privacy professionals need to be at the forefront of developing safeguards against algorithmic biases. Strategies for privacy professionals: Balancing transparency and privacy Against a backdrop of seismic change in the technology landscape and considering demands for new regulatory and compliance standards, privacy professionals need to tackle the complex task of trying to ensure algorithmic accountability. Several considerations, strategies, and approaches are emerging. Transparency and explainability Transparency and Explain-ability are certainly a starting point. Demystifying algorithmic decision-making is essential. The public should be informed about algorithms, including their sources and potential sources of bias. Reuters recently reported that Meta used a significant number of public Facebook and Instagram posts to train their AI systems, raising concerns about personal data. While Meta asserts this aligns with a fair use principle, competing content creators may challenge this claim. Regulators in the near future may as well. The situation emphasizes the need for clear data usage policies, merging AI progress with individual privacy protections and fair business practices. A Four D’s Framework can help. It is a method for assessing algorithmic systems to minimize privacy harms throughout the life cycle of an algorithmic system, much like the notion of . The build of an algorithmic system comprises four stages: Design, Data, Development, and Deployment. This framework ensures that the entire scope of an algorithmic system is captured in a risk assessment. Think of algorithms simply as more advanced states of statistical profiling engineered into software products, and as such, they are prone to the same benefits and potential harms. Because of this, it is crucial to introduce ‘ ’ at each stage of development. These layers can serve as a filtering mechanism, checking on a system as it is being built, preventing it from showcasing potentially harmful or biased outputs. While raw training data may contain various biases rooted in history, privacy layers can help filter out such biases, ensuring AI does not perpetuate them. Although true solutions to AI bias may involve in-depth modifications to an AI application’s training or algorithm, privacy policy layers can serve as an effective, adaptable barrier against inadvertent biases and errors. AI systems fundamentally operate based on patterns from provided data, optimizing for specified behaviors without inherently possessing ‘good judgment’. They essentially offer outputs based on patterns in the data they have been trained on. To enhance AI safety and reliability, modifications to the original training data sets are undoubtedly needed, but as an interim step, Google’s first Chief Decision Scientist has well articulated that policy layers can serve as an effective interim step. Privacy Impact Assessments Privacy Impact Assessments (PIAs) need to be updated to include all the implications that arise from AI . TrustArc recently did so. Their PIAs now essentially operate as Algorithmic Impact Assessments. PIAs include but also transcend legal compliance, ensuring that algorithms consider aspects like fairness, ethics, accountability, and transparency. Global Governance of AI is also needed in companies that use AI in their products. Fostering a cohesive, coordinated effort at a global scale is necessary for algorithmic transparency and accountability. Of course, AI can also be used in novel forms to help with the management of AI itself. Novel machine learning (ML) solutions are in constant development to ensure user privacy. How mature is your AI risk management? Technological advancements in algorithmic privacy Keeping a watchful eye on ML solutions directed at privacy is important. Several stand out and undoubtedly, many more are in the works. Although the solutions themselves are highly technical involving advanced mathematical and computational approaches, their applications need to be understood by privacy professionals. In this sense, algorithmic privacy begins with the explainability and transparency of AI algorithms built to maintain privacy themselves. A starting point is the notion of which has been around since the mid-1990s. This privacy-preserving data method allows for gathering useful insights about a population without compromising individual data. The impact on groups remains consistent regardless of any single person’s data inclusion, with only the study’s findings potentially affecting demographic subgroups, not individual participation. Building on Differential Privacy, Microsoft’s Privacy Preserving Machine Learning ( ) initiative is a three-step process to understand, measure, and mitigate privacy “leakages” in training models. It aims to preserve the privacy and confidentiality of customer information while enabling next-generation AI productivity. A quick overview of Machine Learning (ML) approaches to privacy includes the following. Perturbation Techniques add noise to data or algorithm outputs to prevent sensitive information from being learned. Cryptographic Approaches allow computations on encrypted data, ensuring sensitive information is not exposed. Federated Learning allows ML models to be trained across multiple decentralized devices or servers holding local data samples, without exchanging them. Secure Multi-Party Computation and Differential Privacy involves a distributed learning framework that provides secure multi-party computation while adding noise to the computations. It provides a mathematical guarantee of privacy but does not require decentralization of data like federated learning. More recently, MIT’s Probably Approximately Correct ( ) Privacy technique automatically determines the minimal amount of noise that needs to be added to protect sensitive data. These Machine Learning (ML) procedures offer robust and diverse tools to protect sensitive data. They provide mechanisms to add noise to data, perform computations on encrypted data, train models on decentralized data, and integrate secure computation with privacy guarantees, thereby enhancing data privacy and security in ML applications. While their technical implementation may sit with other experts, it is important that privacy professionals have a broad understanding of their use and a seat at the proverbial table in the decisions to use them. Much of these requirements gathering are not yet adequately understood nor addressed in current regulatory compliance standards. Again, privacy professionals involved from the beginning of design can help ensure the “future-proofing” of built applications. The global regulatory context Recognizing that current laws and regulations are not adequate for addressing AI legal and ethical concerns , most regions worldwide are in the process of updating their regulatory frameworks. Each is influenced by their legal, cultural, and economic contexts. In the EU, the Artificial Intelligence Act presents a , aiming to set a gold standard for AI regulations with a set of rules that applies across all sectors and industries. This act is reminiscent of the GDPR and may well have a similar far-reaching impact. Canada’s Artificial Intelligence and Data Act ( ) also adopts a horizontal strategy and is particularly focused on high-impact systems. By contrast, the U.S. is taking a vertical approach to regulation, with different sectors such as healthcare, finance, and transportation each having their own set of rules and regulatory bodies. Rather than crafting new AI-specific laws, existing legal frameworks to govern AI tools are being leveraged. This sector-specific approach brings into play key regulators like the Federal Trade Commission and the U.S. Department of Justice. TrustArc: Leading the AI privacy revolution In the dynamic realm of AI regulations and technical challenges, TrustArc emerges as a beacon. Their comprehensive suite encapsulates facets of governance, privacy, security, and compliance that help future-proof regulatory compliance. Data Mapping & Risk Manager helps enterprises map every software application they deploy and store individual data in. Each application is rated as to it high, medium, or low risk in terms of its privacy contents, which is what is contemplated in all future AI regulations. TrustArc has updated and integrated renowned frameworks like the NIST AI Risk Management and OECD AI principles. In addition to the , catering specifically to AI data privacy governance, TrustArc offers: Data and business process risk workflow: allowing you to streamline data mapping inventory and automatically get automated risk scores or customize your own. Based on the risk scoring, you can also configure your own automation rules to kick off a library or pre-built or customizable assessments to mitigate risk. Pre-built AI Risk Assessment template: designed for AI risk specifically in mind, you can use this pre-built template designed by TrustArc privacy experts to evaluate your AI systems Expert-built operational templates and topics are available for effective AI deployment, along with how to incorporate best practices and standards including OECID AI, NIST AI, and PMAF. With AI Governance features seamlessly integrated into existing products, TrustArc ensures privacy professionals are always a step ahead with best practices and regulatory updates. The momentum of AI’s advancement shows no sign of slowing, and with it comes heightened responsibilities for privacy professionals. Algorithmic accountability and privacy safeguards are more crucial than ever. TrustArc stands ready to assist enterprises aiming to become both innovation leaders and brands renowned for practicing Discover key pillars of AI risk governance and how to implement them effectively to build a strong, ethical AI ecosystem. Improve AI governance and simplify your privacy program management. ==================================================================================================== URL: https://trustarc.com/resource/ai-governance-regulation-2023-trends/ TITLE: AI Governance and Regulation: 2023 Trends and Predictions | TrustArc TYPE: resource --- Data governance is one of the biggest challenges privacy professionals are facing in 2023. Thanks to emerging technologies such as machine learning and AI (artificial intelligence), it’s becoming more common for organizations to rapidly collect and process a lot more data than they’ll ever likely use. These technologies also make it easier to manage data more effectively – and potentially make huge improvements to data governance. Implemented well, AI solutions for data management help organizations extract more value from data with deeper analytics. In fact, these emerging technologies could break what the International Data Corporation (IDC) described as the “80/20 rule of data management” As the IDC explains: “The breakdown of time spent on data preparation versus data analytics is woefully lopsided; less than 20% of the time is spent analyzing data, while 82% of the time is spent collectively searching for, preparing, and governing the appropriate data.” With the right rules and processes in place, AI can help businesses: Safely collect the data needed to support business processes Rapidly process data to provide useful insights – and recommended actions – to improve customer service, service delivery and ROI Identify and manage risks associated with collection of personal data and help address those risks to support regulatory compliance Enhance strategic decision making with up-to-date data on business performance. AI governance enters the mainstream in 2023 In mid-December 2022, TrustArc CEO Chris Babel hosted an industry panel to talk about privacy law trends in 2023 and issues surrounding and regulation. The panel of privacy industry experts included: Caitlin Fennessy, VP & Chief Knowledge Officer, International Association of Privacy Professionals (IAPP) Michael Lin, Chief Product Officer, TrustArc Hilary Wandall, Chief Ethics and Compliance Officer, Dun & Bradstreet. Below is a summary of the industry experts’ discussion on the challenges for businesses using machine learning, AI and other kinds of automation tools for collecting and processing customers’ personal data. “AI governance is going to be one of the biggest issues that hits the desk of privacy professionals in 2023,” explains Fennessy. “In 2022, we watched organizations begin to think about how to do AI governance and privacy, and privacy professionals are increasingly some of the first called to the table.” Wandall agrees, noting that updates to privacy regulations worldwide will help drive AI governance as a mainstream concern. Regulation is increasingly part of how people think about privacy responsibilities,” she says. “We’ve seen this already in the GDPR requirements related to automated decision making and we’ve seen several court decisions focused on organizations’ obligations with respect to automated decision making. I expect we’ll see a lot more developments in case law and enforcement actions.” How mature is your AI risk management? Regulators focusing on AI ethics and responsible AI and automation As Fennessy noted, privacy experts are often the first at the table when organizations have concerns about AI. This isn’t surprising because many people’s negative experiences of AI have involved perceived or real privacy concerns. Personal information used to target people with problematic advertising and other content online Information only shared in private with trusted people exposed to untrusted/unauthorized people Biases against people fitting specific profiles (e.g. gender, race, socio-economics) in automated decision-making tools, such as those used for screening job applicants or identifying criminals Exploiting vulnerabilities of a target group of people based on their age, or physical or mental disabilities Profiling people’s behavior or personality traits based on their online activities, then exploiting vulnerabilities (e.g. emotional state) to cause them harm (e.g. problematic gambling). Our panelists point out that regulators will increasingly focus on in 2023, noting several proposed laws and rules for safeguards are being developed or reviewed. Below is a summary of key initiatives aimed at ensuring responsible use of AI and regulatory compliance with existing or proposed privacy laws. New state-based AI governance rules Multiple jurisdictions in the United States will review and/or enact regulations governing how AI can collect and manage personal information. States currently working on new AI rules include Alabama, Colorado, Mississippi, Vermont and Washington. Federal Trade Commission’s rules for commercial AI Federal Trade Commission (FTC) is investigating potential new rules for use of AI by commercial organizations warned it is concerned with “AI harms such as inaccuracy, bias, discrimination, and commercial surveillance creep”. Federal initiatives to put safeguards on AI and support innovation National Institute of Standards and Technology (NIST) is developing an AI Risk Management Framework “to better manage risks to individuals, organizations, and society associated with artificial intelligence. The AI RMF is intended … to improve the ability to incorporate trustworthiness considerations into the design, development, use, and evaluation of AI products, services, and systems.” Similarly, the National Artificial Intelligence Initiative Office was recently established to report to government on emerging AI trends and risks, including its research and development for trustworthy AI The EU’s proposed new AI Act The European Commission has proposed “harmonized rules on artificial intelligence” in the form of the Artificial Intelligence Act (AI Act). The European Parliament is expected to vote on the AI Act in March 2023, and possibly begin enforcement in 2026. Regulatory compliance a major concern for privacy professionals As CEO of TrustArc, Babel hears from people at both ends of the privacy knowledge spectrum, from seasoned privacy experts to technology decision makers who don’t have the team or resources to help them stay on top of changes in privacy regulations. “We hear from hundreds if not thousands of customers who are struggling keeping up with privacy regulation compliance,” he says. “They’re worried about new rules for cross-border data transfers. Some organizations are panicking about recent enforcement activities in California that went further than most people expected. And others need more help keeping up with different state laws.” Lin reports the most common concern he hears from TrustArc customers is how they can understand their obligations in different jurisdictions. “They’re concerned about issues with some of the technologies they’re using that are sending data to other regions. Data transfers that organizations don’t have control over is a hot topic for us, and we make sure our own technology and vendors are compliant.” Organizations need more privacy professionals Babel recalls that, in the early days of the digital technology revolution in the 2000s, the privacy professional was typically someone in an organization’s legal team who had ‘privacy’ as part of their job. “Privacy was something strapped onto the very end of some longer title,” he says. “Now, privacy professionals have evolved: they’re still typically legal oriented or compliance oriented, but we’re also seeing many more technologists, CISOs or data scientists with privacy a key part of their function.” Wandall agrees that until recently, most professionals who had privacy as a function of their role were interested in it more from a legal or policy perspective, rather than a technology perspective. “The competencies necessary to manage privacy well today are very different from those that were necessary previously,” she says. “For example, you now need to be willing to get in and understand the data. You need to understand what technology is doing with data: where it’s flowing, how it is being processed and what risks data might create.” We need to get future privacy professionals skilled up effectively,” adds Fennessy, listing several functions where privacy expertise is needed, including risk management, user design, business processes and product and technology design. “We also we need privacy professionals to understand each other’s competencies enough to have helpful conversations,” she says. “I think there is a huge talent deficit in privacy, particularly as so many countries around the world have passed laws that require appointing privacy professionals to manage compliance effectively.” Babel suggests increased regulatory focus on privacy will motivate more companies to scale up their privacy teams and invest in more sophisticated technologies and other resources to help them improve their privacy stance. “It takes time and effort to manage privacy operations well,” agrees Lin. “Knowledge of privacy risk – including the policies and processes to ensure compliance with all relevant privacy laws – needs to permeate organizations.” Looking for help with AI governance and regulatory compliance? TrustArc is your one-stop solution for responsible AI usage and compliance . Our AI privacy governance tools are industry-leading, designed to help organizations manage privacy compliance effortlessly. Streamline your processes, mitigate risks, and stay ahead with TrustArc. Improve AI governance and simplify your privacy program management. Discover key pillars of AI risk governance and how to implement them effectively to build a strong, ethical AI ecosystem. ==================================================================================================== URL: https://trustarc.com/resource/data-governance-demystified-essential-insights/ TITLE: Data Governance Demystified: Essential Insights for Compliance and Security | TrustArc TYPE: resource --- Data is everywhere — from customer transactions to social media posts — growing at an unprecedented pace. Yet, without a robust strategy, this treasure trove of insights and behaviors can swiftly become a liability, exposing businesses to risks and inefficiencies. Enter data governance—the secret weapon for turning data chaos into clarity. Let’s explore what data governance is, how it differs from related concepts, the regulations shaping it, and how organizations can overcome its challenges with proven frameworks. is a system of decision rights and accountabilities for information-related processes, executed according to agreed-upon models. Think of it as the rules of the road for how data is collected, managed, accessed, used, and protected across an organization. Key aspects include: Establish clear guidelines for internal and external data sharing. Data quality and structure: Ensure data is accurate, reliable, and audit-ready. Accountability and compliance: Meet regulatory and accountability requirements while maintaining data integrity. Align compliance objectives with organization goals – often requiring expanded data access. In short, data governance ensures the actions people must take, the processes they must follow, and the technology that supports them throughout the data life cycle. The difference between data governance, data privacy, and data management Let’s untangle these often-confused terms: Data governance provides the overarching framework for managing data availability, usability, integrity, and security. It’s the strategy—the blueprint that dictates how data is handled throughout its lifecycle. Data privacy zeroes in on protecting personal information and ensuring compliance with privacy laws. It’s about individual rights and transparency. For example, GDPR and CCPA require organizations to safeguard personal data and give individuals control over how their data is used. Data management is the hands-on execution of data governance policies. It involves the technologies and processes that collect, store, and maintain data, like a digital toolbox for ensuring the framework is followed. Imagine a construction project: data governance serves as the blueprint, data management is the crew laying bricks and wiring systems, and data privacy is the security guard ensuring only authorized personnel enter the construction site. Key regulations influencing data governance practices Navigating the global regulatory maze is no easy feat. Here are some of the heavy hitters: GDPR (General Data Protection Regulation) , Europe’s gold standard for data privacy, sets strict rules on how organizations handle personal data. It emphasizes transparency, accountability, and data minimization. newer addition to the EU’s regulatory landscape , this act facilitates data sharing while ensuring compliance with competition and data protection laws. CCPA/CPRA (California Consumer Privacy Act) called “California’s GDPR,” this law gives Californians more control over their data and requires businesses to disclose how they use it. Lei Geral de Proteção de Dados (LGPD) governs how personal data is collected, processed, and shared, emphasizing transparency and accountability. Adhering to these regulations is not just about avoiding fines; it’s about fostering trust and ensuring operational resilience in an increasingly data-centric world. Network and Information Systems (NIS) Regulations (UK) , established in the UK in 2018, aim to strengthen the cybersecurity and resilience of essential services such as healthcare, energy, transport, and digital infrastructure. These regulations emphasize the importance of safeguarding network and information systems from cyber threats to ensure uninterrupted service delivery. By integrating these regulations into their data governance strategies, organizations can enhance resilience while aligning with broader compliance goals. The rise of AI and its impact on data governance Artificial intelligence (AI) , particularly generative AI, is revolutionizing industries, but it’s also s haking up data governance practices AI systems can introduce biases or privacy violations. Organizations must implement robust risk frameworks to monitor these issues. AI thrives on accurate data. Poor-quality data can lead to flawed AI outputs, making data integrity more critical than ever. Ethics and accountability: Organizations must ensure , with clear oversight mechanisms to avoid over-reliance on machine decisions. AI systems must align with privacy laws, requiring comprehensive assessments and data minimization. In short, AI magnifies the need for strong data governance, acting as both a disruptor and an enabler. Challenges of data governance (and how to overcome them) Data governance is no walk in the park. Organizations face hurdles such as: Who’s responsible for what data? Lack of clarity leads to accountability gaps. Employees often don’t understand the importance of data governance. Siloed teams struggle to implement consistent practices. Effective governance requires significant investment in tools and personnel. Assign data owners and stewards to ensure accountability. Regular training builds a culture of data responsibility. Cross-functional committees can break down silos. Modern data platforms and quality tools streamline governance efforts. Proven frameworks provide a roadmap for success. Frameworks to the rescue: Nymity PMAF and TrustArc P&DG When it comes to navigating the complexities of data governance, frameworks like the Nymity Privacy Management Accountability Framework (PMAF) TrustArc Privacy & Data Governance Framework (P&DG) are invaluable. Here’s why: Established in 2015, this privacy-first framework focuses on aligning privacy activities with accountability principles, ensuring organizations can demonstrate compliance with global laws. It emphasizes continuous improvement, helping businesses evolve with changing regulations. Designed for operationalizing privacy laws, this framework provides controls that span global regulations. It aligns privacy and governance efforts, ensuring seamless integration into existing workflows. Both frameworks address the full lifecycle of data, from collection to disposal, and incorporate aspects of all major frameworks including: GDPR, LGPD, CCPA, PiPEDA, NIST, ISO72001/2, etc. They adapt to organizational needs, making them ideal for businesses of all sizes. They emphasize proactive management, ensuring organizations stay ahead of compliance demands. Why data governance is non-negotiable Overlooking data governance is akin to neglecting a small crack in a dam — manageable at first, but eventually disastrous as the pressure builds. From hefty fines to reputational damage, the stakes are high. But with the right strategies, tools, and frameworks, organizations can turn data governance from a headache into a competitive advantage. By understanding the nuances of data governance, privacy professionals can help their organizations stay compliant, foster trust, and unlock the full potential of their data. After all, in the data world, governance isn’t just a nice-to-have—it’s a must. As Spider-Man’s Uncle Ben famously said, “With great power comes great responsibility.” For organizations, that power is data, and the responsibility is effective governance. Automate your privacy program Use PrivacyCentral to streamline privacy program management across all relevant jurisdictions. Get detailed insights, tools, and templates to help you manage consumer data privacy regulations. ==================================================================================================== URL: https://trustarc.com/resource/information-technology-impacts-data-privacy/ TITLE: How Information Technology Impacts Data Privacy | TrustArc TYPE: resource --- The rise of information technology (IT) has changed life as we know it, from the way people work to communication and even the way people think. How data is shared and stored has changed. And as data becomes more powerful, regulators and citizens are more concerned about preserving privacy. In the past, data was stored manually – making it relatively easy to keep physical documents safe. Businesses could “build walls” around data to secure it and then defend those walls from attacks. However, in recent years, the rise of cloud databases, email, mobile apps, data centers, and cloud-based systems has greatly increased the risk of an information breach. Thus, there are new challenges for data protection and information security. And a need to develop new approaches to protect data in this new world of IT. Navigating the new business landscape: The impacts of technology’s explosive growth on privacy and public safety Decades ago, we didn’t yet know the profound impact IT would have on business or human life. It all started as , providing everyone access to powerful tools without the necessary skills or training to manage the data. Very little data management training is implemented across departments, yet all kinds of employees manage data. And information security teams can hardly keep up with the number of apps and devices people continue to connect to the company network. As a result, employees unknowingly expose sensitive data – and create massive distrust among company stakeholders. With advancements in AI, machine learning, and cloud computing, privacy, and security risks have greatly increased. There is no way for companies to contain this information. It all lives outside of the business. That makes protecting it far more complicated. So much so that some even argue As a business, it is only natural to continue to rely on IT to remain competitive. Still, without the proper privacy and security programs in place, businesses are at risk. It’s time to rethink your approach to data protection and security and move towards a proactive, risk-based approach that will keep your privacy and security program safe. Companies that recognize how IT has created new opportunities and risks regarding privacy and security will be successful. The appropriate measures should be taken to provide customers and partners or vendors with this important fundamental human right. Making privacy a core value: How organizations can prioritize data protection With more capacity, capability, and reach, information flows more freely now than ever before. Look at your phone. No matter where you go, this device is sharing your data. Where you move around the globe is being recorded, also known as your geolocation. Everyone leaves a digital footprint everywhere they go. This is just one of many examples of how the flow of information is being directed. Yet as information flows freely, customers want businesses to maintain a great sense of privacy for consumers. When TrustArc’s European consultant Ralph T. O’Brien was asked this question, he viewed it as an inherent social right. Yet, in America, there’s no right to privacy embedded in the Constitution. It’s only an implied right to privacy. With this in mind, how can companies prioritize data protection to make privacy a priority? Businesses need to understand that privacy is a derived right, and we have privacy laws because there is an assumption that something in privacy is not working. Companies need to weigh the importance of what they need to do and what consumers expect of them. Organizations need to be more transactional in their communication. For example, instead of saying, “Your privacy is important to us,” “You want something, and in order for you to get that, we need to use your data in these ways.” Not only is this a powerful message, but it also sets expectations realistically regarding privacy and how the company prioritizes it. More transactional messages about how data is used provide a more accurate, clear picture to consumers. Currently, most privacy policies are too difficult and complicated for consumers to understand. To successfully make data protection a priority in your organization, it must be viewed as a fundamental right that should be maintained. The importance of privacy should be ingrained in your day-to-day interaction with customers, making it a core value of the brand. Why regulation alone isn’t enough: The need for continuous adaptation in data protection While privacy laws are a good deterrent to keep businesses from collecting, processing, and using data unethically, they are not enough. Ultimately, striking the right balance between privacy and the flow of information is the key to an organization’s success. So what can businesses like yours do? The core of the message of privacy and technology has not changed. So what is continuously changing in the privacy world? The density of data has changed. And the problem is bigger and only continues to grow in the future. The more data you put in one place, the more opportunity there is for nonpersonal data to become a preferential key to personal data. The truth is, it will never be 100% secure. But you can drastically minimize the risks. ==================================================================================================== URL: https://trustarc.com/resource/designing-browser-based-privacy-tools/ TITLE: Designing Browser-based Privacy Tools | TrustArc TYPE: resource --- Browsers traditionally provide basic privacy protections, usually focused on cookie management, including third-party cookie blocking and cookie-based opt-out. New approaches to managing privacy in the browser include blocking tracker domains as well as the browser-based Do Not Track header request. As expected, each approach has pros and cons when assessed on effectiveness, comprehensiveness, and ease of implementation criteria. Cookie-based opt-out tools Cookie-based opt-out tools use cookies to indicate to tracking companies’ opt-out mechanisms that a user wishes to be opted-out of behavioral advertising. This only affects the use of user data, not the collection of that data. Examples of cookie-based opt-out tools include the Network Advertising Initiative ( ) Opt-out and Digital Advertising Alliance ( While this method of control is relatively easy to implement, it places the burden of control on the user (users can opt-out of upwards of 300 individual tracking domains), and even with a centralized opt-out database this can prove cumbersome. This method also relies on cookies to signal user preferences to the tracking companies – therefore deleting cookies (a common consumer approach for controlling privacy) also deletes the opt-out preferences. Additionally some tools have attempted to solve the problem of cookie deletion affecting user opt-out preferences with browser plug-ins which preserve opt-out cookie permanence, including the TACO Cookie Opt-out and Google Chrome Keep My Opt-outs. Domain blocking tools actually block the collection of data by identifying tracking scripts, web bugs, pixels and beacons placed by known tracking companies. blocks scripts alone (not specifically those placed by advertisers), whereas specifically targets tracking technologies placed by advertisers and ad-related companies. Domain blocking is a much more powerful approach to tracker management than cookie-based opt-out because it blocks the collection of user data, not just use. Unfortunately it also has the potential to break functionality users may find desirable by blocking either content or dynamic features in addition to tracking. Users can create custom rules around what entities should be blocked or allowed by these tools, or they can rely on trusted parties to create these lists for them (like Microsoft IE9 Tracker Protection Lists). While cookie-based opt-out mechanisms can be web-based, tracker blocking tools must be browser-based (either built into the browser, or installed by the user as plugins). This allows for an important additional user interface element – the browser alert callout. Users can set alert preferences to be notified of trackers, or choose to block/allow trackers from the in-page alert without having to open the plugin. ‘Do not track’ HTTP header The ‘Do Not Track’ HTTP header is a browser feature that appends a header to HTTP requests that expresses a user’s preference not to be tracked, placing the burden for compliance on trackers (currently implemented in the Firefox 4 DNT header). This creates the possibility for the header to provide much broader-based protection against tracking than the other mechanisms if the majority of tracking companies abide by it. However unlike the other mechanisms it does not provide a technical means of enforcement. Also in the absence of a standard the header is interpreted differently by different companies – some cease data collection completely, while others continue tracking in aggregate only (while bad actors may ignore it completely). The DNT header does however leave cookies and other tracking mechanisms operational and won’t interfere with site functionality. Major browser approaches to privacy controls Microsoft Internet Explorer 9 Provides Tracking Protection List functionality – the browser will be able to compile and read a list of sites which a user can then use to create an allow list or block list, or select a third party curated list: https://ie.microsoft.com/testdrive/Browser/TrackingProtectionLists/. Also implemented the ‘Do Not Track’ header that will allow users to send a preference to tracking companies requesting not to be tracked. Through a ‘Keep My Opt-Outs’ plugin, Chrome will allow the user to save persistent opt-outs even if they later clear their cookies: https://code.google.com/p/chrome-opt-out-extension/. Also announced WebRequest API which Chrome extensions can use to add the ‘Do Not Track’ header: https://code.google.com/chrome/extensions/trunk/experimental.webRequest.html. Implemented the Do Not Track header that will allow users to send a preference to tracking companies requesting not to be tracked: https://dnt.mozilla.org/. Also available as a plugin for Firefox 3 https://blog.sidstamm.com/2011_02_01_archive.html. Tracker management design There are similarities between the opt-out user experience and the tracker blocking user experience. Both types of user control mechanisms share the following features: list of trackers by company name. the ability to select one or all of the companies on the list. In addition there are a couple of absent features that would add value to these tools: the ability to filter the companies by type (ad network, analytics service, etc). the ability to filter the companies by trustworthiness / certification status. This is important from a user perspective, as not all trackers are used for behavioral advertising – other uses include web analytics, content personalization, and fraud detection. The ability to filter opt-out or blocking options is therefore important, as there may be valid consumer interest in filtering some types of trackers over others. This is also an opportunity to educate consumers about the different types of trackers, as well as to provide blocking recommendations that are more elegant than simply ‘block all trackers’. Most of these tools are essentially blocking interfaces (select one or more companies to opt-out of targeting) – but another approach is to act as an allow agent, essentially blocking all tracking companies but those a user chooses to allow because they are deemed trustworthy or because they provide desirable functionality. When enabled this type of tool could block third party trackers except those with well-documented privacy practices (like those in the TRUSTe Tracking Protection List for IE9). Effective browser-based user privacy controls should meet the following criteria: Graceful integration of several tracking management solutions, especially tracker blocking mechanisms and the DNT header Provide more granularity around opt-out / blocking controls than simply ‘block third party trackers’ (ie. ‘block non-certified companies’, or ‘block only trackers used for behavioral advertising’) Simplify the implementation of tracker management tools for mainstream users while allowing technical users more detailed options Probably none of the tracker control approaches described will work in isolation. As the issue develops, the cooperation of several invested parties consisting of integrated approaches may be the ideal solution for transparency around consumer data collection and use . The optimal end state for a consumer-oriented browser-based privacy tool is one that provides consumers a simple interface for transparency around data practices, coupled with usable, effective controls for managing tracking. ==================================================================================================== URL: https://trustarc.com/resource/13-red-flags-privacy-compliance-solutions/ TITLE: Buyer Beware: 13 Red Flags to Avoid in Privacy Compliance Solutions | TrustArc TYPE: resource --- Are you worried you won’t select the right privacy compliance solution? Or maybe you’re questioning whether a switch is truly worth it, especially after facing disappointments in the past. If your current vendor isn’t meeting your needs, it’s natural to feel hesitant about jumping into the search for a new one. After all, privacy compliance is not just about ticking boxes—it’s about ensuring your organization is protected, responsive to regulations, and prepared for the unexpected. But with so many options, each promising the “perfect” solution, how can you be sure you won’t be let down again? You’re not alone in facing these challenges. Many privacy, legal, compliance, and tech professionals feel the same mix of doubt, frustration, and hope. Navigating the maze of privacy compliance solutions can be overwhelming, and the stakes are high. Selecting a solution without truly knowing what lies beneath the surface can lead to missed opportunities, financial strain, or worse—a breach in your organization’s privacy defenses. In this article, we’ll walk you through 13 red flags to look for when evaluating privacy compliance solutions. Understanding these warning signs can empower you to make an informed decision, helping you avoid potential pitfalls and choose a partner that genuinely supports your goals. The journey may be complex, but with the right insights, it’s possible to find a solution that aligns with your values, meets your professional standards, and brings lasting peace of mind. 13 red flags to watch for in privacy compliance solutions 2. Inadequate compliance coverage 3. Lack of end-to-end privacy program requirements capabilities 4. No clear data breach response plan 5. Poor client reviews or reputation 6. Missing independent privacy and security certifications 7. Unclear pricing structure 8. Limited reporting capabilities 10. No clear data retention or deletion capabilities 11. Limited customer support If a vendor hesitates to give clear, direct answers about their data handling and storage practices, it’s a major warning sign. You deserve transparency to ensure your organization’s data is treated with the utmost care. Vague responses can signal a lack of commitment to privacy, leaving you wondering if the vendor truly values data protection as much as you do. If they can’t clearly explain their approach to adhering to various now, how will they respond when compliance issues arise? Inadequate compliance coverage vary by industry and region, and a one-size-fits-all solution simply won’t work for complex needs. Data protection regulations govern the handling of personal data to ensure its privacy and security. If a vendor’s compliance support is limited, your organization could face significant gaps that expose you to risk. Consider whether the solution fully aligns with every relevant regulation you need to comply with—from GDPR to CCPA to regional data laws. A patchwork of compliance can lead to increased vulnerabilities and costly regulatory fines. Lack of end-to-end privacy program requirements capabilities Your organization’s privacy compliance efforts likely extend beyond basic requirements and involve a range of policies, procedures, and audits to keep data secure. If a vendor cannot support all aspects of your —including risk assessments, policy enforcement, and employee training—they may fall short of providing a comprehensive solution. A lack of end-to-end capabilities could mean you’ll have to use multiple tools, leading to inefficiencies and potential compliance gaps. Choose a vendor that empowers you to oversee your privacy program as a whole, ensuring a unified, streamlined approach to privacy management. No clear data breach response plan A quick, structured response to breaches is crucial in today’s privacy landscape. Without a well-defined plan, the vendor may not be able to contain or mitigate a breach in a timely manner. The stakes are high for compliance teams when a breach occurs. Ensure the vendor has a documented, proven breach response plan so you won’t be left scrambling when it matters most. Poor client reviews or reputation Consistent negative reviews or a shaky industry reputation should make you pause. While one-off issues happen, a pattern of poor client feedback suggests systemic flaws. Look for feedback that resonates with your needs , especially from organizations with similar privacy challenges. A vendor with a strong reputation should demonstrate reliability, innovation, and a commitment to their clients’ privacy goals. Missing independent privacy and security certifications Independent certifications, like , provide critical validation of a vendor’s security practices. These certifications prove that the vendor has undergone thorough third-party audits and met industry standards. Without these, you’re left taking the vendor’s word on security. recognized certifications to give your team peace of mind. Unclear pricing structure Unexpected fees or overly complex pricing can lead to frustration and budgetary strain. A lack of pricing transparency may indicate hidden costs that could strain your budget down the road. You need to know exactly what you’re investing in, so look for a vendor who provides clear, upfront pricing that aligns with your organization’s financial goals. Limited reporting capabilities Comprehensive, customizable reporting is essential for maintaining compliance and tracking privacy initiatives. If a vendor’s reporting tools are limited or rigid, it can make your job harder when it comes to generating insights for audits, stakeholder updates, and regulatory bodies. Seek solutions that empower you with adaptable, in-depth reporting to keep your privacy program on track. Your organization’s needs will grow and change, and your privacy solution should grow with it. A solution that doesn’t support scalability could quickly become a costly limitation. Assess whether the vendor can support not only your current requirements but also the demands you anticipate in the future, such as increased data volume or expanded regulatory scope. No clear data retention or deletion capabilities Managing the data lifecycle, from retention to deletion , is a cornerstone of effective compliance. If a vendor lacks tools to handle data disposal or retention, your organization’s compliance posture could suffer. Ensure the vendor offers robust data management options that allow you to align with legal and regulatory requirements on the data lifecycle. Compliance is a round-the-clock concern, and when issues arise, you need reliable, responsive support. If the vendor’s customer support isn’t available 24/7 or lacks effective escalation processes, you risk delays in addressing critical concerns. A committed vendor should offer timely support to help you tackle compliance challenges as they arise. Choosing a vendor is a long-term commitment, but if there are signs of instability—whether financial or operational—it can threaten your organization’s compliance journey. solid financial footing and operational consistency . You need a partner you can trust to support your compliance efforts over the years. Ongoing legal troubles or a vendor actively seeking acquisition can jeopardize their ability to prioritize your needs. Legal issues can lead to disruptions in service, potential compliance gaps, or even data security risks. research any legal or acquisition risks to ensure you’re choosing a partner with a stable and transparent business environment. These red flags are here to guide you toward a privacy compliance solution that’s stable, scalable, and supportive of your needs. Remember, choosing the right solution may take time, but being aware of these potential pitfalls will help you find a partner who aligns with your goals and values, ultimately empowering you to build a strong, compliant future. Build a future of trust: Empower your privacy journey with confidence Finding the right privacy compliance solution is a journey that requires patience, diligence, and a keen eye for detail. It’s easy to feel overwhelmed by the process, especially with so much at stake—but you don’t have to navigate it alone. Armed with these insights into potential red flags, you’re better equipped to find a solution that not only avoids these pitfalls but also aligns with your organizational values and goals. Each decision you make today builds toward a future where privacy and compliance aren’t just checkboxes but integral, trusted components of your organization. A thoughtful, informed approach now can lead to a partnership that genuinely supports your privacy goals, adapts to your evolving needs, and empowers you to confidently meet compliance challenges head-on. With the right solution, you’ll create a foundation of trust, resilience, and peace of mind that extends beyond your compliance efforts—benefiting both your team and the people you protect. Why and How Companies Switch Sick of your current privacy management vendor? Discover TrustArc’s proven process for seamless privacy vendor migration. 20 Features Your Privacy Management Vendor Can’t Afford to Miss Explore the 20 essential features your privacy management vendor should offer to simplify compliance, reduce risk, and future-proof your privacy program. ==================================================================================================== URL: https://trustarc.com/resource/creating-a-culture-of-privacy/ TITLE: Creating a Culture of Privacy | TrustArc TYPE: resource --- Every business involved in collecting and processing people’s personal information must manage data privacy effectively. Not just because there are several protected personal information laws across the U.S. – but because your customers, colleagues, and partners demand it. Data privacy laws in the U.S. and other jurisdictions regulate how organizations are allowed to collect, handle, and share/sell personal information. Complying with all applicable laws can be very challenging if your people don’t understand the significance of data privacy. I recently spoke about this issue with Enterprise Management 360’s Head of Content, in an August 1, 2023, EM360 Podcast episode called “ Why a Company-Wide Privacy Culture is Important I believe most people in any organization, of any size, can grasp the concepts of privacy law compliance when the human risks are explained to them. In my role as Chief Assurance Officer at TrustArc I help organizations successfully participate in privacy assurance programs so they can demonstrate their compliance with various privacy regulations and frameworks. Typically these programs give them certifications or verifications they can show customers, partners and other third parties as reassurance the business takes data privacy seriously and is committed to addressing risks. The business benefits of a privacy culture Your privacy program shouldn’t be seen as something that mostly concerns the privacy office (if your organization is large enough to have a dedicated team) or privacy officer (in a new or smaller business). Privacy should be the concern of every person and team using personal data day-to-day. Encourage every person who collects, processes, analyzes, and/or shares personal information to keep the following in mind: behind every data ‘insight’ you’ll find one or more real people whose privacy rights must be respected. How would they feel if their personal data was put at risk? Now, ask them to apply that stance every time they handle other people’s data – this approach will help make privacy both a company-wide and personal responsibility. A deeply embedded privacy culture can help a business: – We know the number one cause of data breaches is human error. A strong privacy culture will ensure people understand and follow best practices for cybersecurity to reduce risk. – Trust can be earned by showing customers, partners, and colleagues you respect privacy and will continuously demonstrate how you protect privacy in every interaction and transaction. Nobody wants to feel taken advantage of when they initially trust an organization with their data, so it’s important businesses can show they won’t misuse – let alone expose – personal information. Demonstrate compliance with privacy regulations – Businesses can build trust by acknowledging – and meeting – their obligations for compliance with privacy regulations in every interaction. Assurance programs and certifications can certainly help, though equally important: every public facing member of your organization needs to actively show they’re operating within the correct privacy protocols. Why SMBs and new businesses (might) create a privacy culture faster Frankly, any company collecting personal data needs to educate and train its people on privacy protocols to develop a privacy-first culture – even small businesses. In fact, small- and medium-sized businesses and newer companies might have a bit of an advantage thanks to their size and newness: You can embed a privacy culture from the very start – every process can be designed with privacy-first best practices up front, and every new hire can be trained up on your privacy stance early. You don’t have the baggage of old data – because you’re starting fresh, you can ensure data management procedures are designed from the ground up to support compliance with the latest privacy laws; and with smaller data sets to start with, there’s less work to be done initially. You have clearer lines of communication – as everybody wears multiple hats it may seem like privacy is just another hat to wear. But there are advantages to everyone having their privacy culture hat on: because they know what’s expected, they’ll have good communication about privacy when interacting with different people and teams. Another benefit of more concentrated lines of communication and decision-making is that new privacy protocols can flow more quickly through the organization. Benchmarking the strength of your privacy culture One way to examine how well an organization manages privacy compliance is through a safety lens: how well has the organization trained its teams on safety procedures for handling personal information? What does the data say about how well these safety practices prevent issues? While some factories and workshops measure the number of days since the last physical ‘accident’, there are risks in this approach. If you only track and report errors or accidents, you could potentially create a culture that discourages people from wanting to report issues (to avoid blame) – and demotivate innovation. I think it’s also important to highlight ‘incident-free’ days, so you can reinforce the business benefits of positive privacy actions. Look for lessons across your business on how individuals and teams with a positive privacy stance helped build trust with customers, partners and within teams. Tracking and reporting privacy incidents Yes, you must develop procedures for tracking and reporting privacy incidents. Though to strengthen your organization’s privacy culture I recommend it’s just as important to focus on the and how effectively an issue was remedied. The common types of privacy incidents and responses you need to measure include: – unusual or unauthorized access or behavior that risked or caused data leaks/exposure, including malicious activities (attacks on systems) and unintentional security errors (sometimes caused by not having effective cybersecurity measures, though also due to human error). reinforce data security rules with education and training; and repair/replace technologies for both cybersecurity and access control. – complaints from customers about misuse of their personal information or the types/amount of personal data collected by the organization or concerns about tracking/processing activities; and any increase in data subject access requests. review privacy compliance practices; re-configure data collection/processing settings to be compliant; and improve speed and effectiveness of responses to customer complaints/concerns. Reports/discovery of non-compliance with privacy laws – non-compliant data collection and processing activities including unjustified (excessive) collection of personal information; illegal tracking or targeting activities; mishandling or failing to respond to data subject access requests; and slow or ineffective responses to reported privacy breaches/enforcement notices. again, review privacy compliance practices and update training and education across your organization; re-configure/repair/replace systems used for collecting and processing data; and strengthen your organization’s privacy stance with expert privacy management solutions. Measuring privacy culture By measuring the number and frequency of each type of privacy incident over time you will gain insights into how you can improve your privacy culture. It’s also useful to measure and report on proactive activities aimed at strengthening your organization’s privacy stance, including: – track the number and focus areas of privacy training sessions offered; record each team member’s participation (including identifying updated training needs) and identify knowledge gaps by assessing new/updated knowledge. – identify the privacy leaders and influencers across your organization; keep updated records of their specialist privacy knowledge such as data security best practices or understanding of privacy regulations; and acknowledge/positively reinforce their contribution to embedding privacy compliance. – track the frequency and outcomes of Privacy Impact Assessments (PIAs) and Data Protection Impact Assessments (DPIAs); report on identified errors and acknowledge contributions by team members that made assessments go through smoothly. Responsiveness to customer requests – measure the number of data subject access requests per time period and report on how quickly and effectively they were responded to. Get TrustArc’s help to embed privacy culture in your organization streamlines the end-to-end privacy assessment process by identifying gaps in your organization’s privacy culture and helping you effectively remedy them, recording risks, managing day-to-day privacy tasks, maintaining comprehensive audit trails and: Privacy workflow management – quickly identify and organize privacy resources across your organization with advanced workflow and automated processes for managing day-to-day privacy tasks. Compliance review and gap analysis – streamline the discovery of privacy risks and address gaps in compliance with automated reviews, risk scoring, revalidation, notifications and action plans with follow up tasks. – access a robust library of pre-built assessment templates (also fully customizable) to address compliance with privacy regulations including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA); manage and report on Privacy Impact Assessments (PIAs) and Data DPIAs; maintain comprehensive audit trails and create privacy regulation compliance reports. TRUSTe privacy certification program standards TRUSTe Privacy Certification Program Standards are developed using the TrustArc Privacy and Accountability Framework standard and the unique regulatory requirements for your organization’s privacy program. TrustArc’s Privacy and Accountability Framework is based upon globally recognized laws and regulatory standards including: ISO 27001 (international standard for information security, cybersecurity and privacy protection) United States Health Insurance Portability and Accountability Act (HIPAA) Our privacy verification standards help your organization demonstrate compliance with internationally recognized best practices and apply those approaches to ensure your privacy program aligns with current and emerging international frameworks. Once your organization has completed certification you will have evidence of your privacy efforts and you can display our trusted privacy seal on your website to communicate your organization’s dedication to data privacy protection. ==================================================================================================== URL: https://trustarc.com/resource/your-2023-privacy-compliance-roadmap-tips/ TITLE: Navigating Your 2023 Privacy Compliance Roadmap: Tips for Companies | TrustArc TYPE: resource --- If the first quarter has been any indication, 2023 will be yet another busy year in data protection and privacy. With so many global regulations to pay attention to, knowing where to focus your privacy resources is challenging. But despite the chaos, these are the key laws and topics you should have on your 2023 privacy compliance roadmap. Anticipated changes to existing privacy regulations Five U.S. State privacy laws go into effect in 2023 In January, the Virginia Consumer Data Protection Act (finalized) and the California Privacy Rights Act (CPRA) (amending the California Consumer Protection Act (CCPA)) Although the CPRA does make significant changes to the CCPA, rulemaking is still in progress. were submitted to the Office of Administrative Law for final review, which has 30 business days to review the rulemaking package. Enforcement of the CCPA is already underway, but CPRA enforcement is expected to start in July 2023. However, that date could change, and you should monitor the California Privacy Protection Agency’s announcements. CCPA rulemaking will continue in phases and focus on different types of notices, Global Privacy Control (GPC) and universal opt-out mechanisms, how to exercise individual rights, and other topics such as the annual security audit and privacy impact assessment requirements. Next, Connecticut CT-SB6 (CTDPA) and the Colorado Privacy Act will become effective on July 1, 2023. The CTDPA won’t require controllers to enable consumers to exercise their opt-out rights through a universal mechanism until January 1, 2025. Final rules for the Colorado Privacy Act were filed with the Secretary of State on March 15, 2023. Regulations include consumer rights, universal opt-out mechanisms, controller obligations, data protection assessments, and important topics such as automated decision making and consent. And lastly, to ring in the new year, The Utah Consumer Protection Act will go into effect on December 31, 2023. Because each U.S. state privacy law is different, all five should be on your privacy compliance roadmap. EU-U.S. Cross-border data transfers and The Executive Order It’s been over a year since the EU and the U.S. struck an understanding on a revamped Privacy Shield data transfer agreement, now called the EU-U.S. Data Privacy Framework (DPF). In December 2022, the European Commission published its recognizing the essential equivalence of U.S. data protection standards. “We will analyze the draft decision in detail the next days. As the draft decision is based on the known Executive Order, I can’t see how this would survive a challenge before the Court of Justice. It seems that the European Commission just issues similar decisions over and over again – in flagrant breach of our fundamental rights.” A final decision should come in the next few months. And because data transfers have become vital to international trade, this decision will be critical for your 2023 privacy compliance roadmap. More data protection and privacy regulations to watch in 2023 Although a U.S. federal privacy law was proposed in 2022, that bill stalled before the close of federal government business in December. Both political parties have different motivations for the American Data Privacy Protection Act , and it may be brought before congress again. Whether or not we will see a in 2023 remains uncertain. But don’t give up hope. At a recent hearing, the Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL) declared, “Americans need and deserve more transparency over how their information is collected, processed, and transferred.” In March 2023, the Iowa Senate and House unanimously voted to approve , potentially making Iowa the to enact an omnibus privacy law. Iowa’s law is similar to the frameworks in Colorado, Connecticut, Utah, and Virginia’s laws and is set to take force on January 1, 2025. Notably missing from Iowa’s Bill are sensitive data opt-in consent requirements, a user’s right to correct, required risk assessments, and practice purpose limitations. Across the Atlantic, the U.K. government released the second draft reform of the UK GDPR, called the Data Protection and Digital Information (No.2) Bill . This bill doesn’t change the fundamental principles of the U.K. GDPR, data subject rights, or core obligations. IAPP writer Joe Jones summarizes the top 10 takeaways from the draft reform 2023 data protection and governance hot topics Two new Acts passed in the EU raise the question of what the government’s role should be regarding major tech companies and online services. EU Digital Markets Act (DMA) will apply in the EU from May 2023 to ensure dominant tech companies behave fairly online. Including the monitoring of practices that might restrict the growth of new and alternate platforms. In the DMA, large platforms like Google, Facebook, and Amazon are given the title Gatekeepers are prohibited from: Processing consumers’ personal data collected from third-party services to provide online advertising services without prior consent, and Reusing personal data collected during a service for the purposes of another service without prior consent, among other things. Digital Services Act (DSA) was also proposed by the European Commission to provide a safer, fairer, and more open digital playing field across the EU. It sets out new standards for online accountability and imposes rules around how platforms moderate content, advertise, and use algorithmic processes. The DSA entered into force on November 16, 2022. It applies fully to all relevant entities 15 months after entering into force: from February 17, 2024. There are additional deadlines before this , however. For example, online platforms have been asked to report the number of end users they have by February 17, 2023. The European Commission will use this information to determine which ones should be designated very large online platforms/search engines. Artificial Intelligence (AI) regulations As AI and machine learning take the world by storm, regulators are increasing legislation and enforcement. Meanwhile, privacy professionals are trying to understand the current AI privacy requirements and monitor future legislation. The GDPR and the CPRA refer to automated decision making (ADM) technologies (and offer consumers the right to opt out of such data processing). Also, if AI is used to process personal data, the principles of the GDPR, such as accountability, fairness, data minimization and security, and transparency should be considered. AI is increasingly a concern of regulators , and already several new laws and changes have been proposed for safeguards to ensure the responsible use of AI and regulatory compliance. Although no federal regulation exists regarding ethical AI use in the U.S., the White House released a Blueprint for an AI Bill of Rights in 2022. The blueprint is a set of five principles and practices to guide using automation while protecting the rights of the American public. Additionally, all U.S. Federal organizations are to follow the U.S. national strategy on AI defined through various legislation and executive orders. The European Commission also on automated individual decision-making and profiling for the purposes of regulation in 2018. And even more recently, the Information Commissioner’s Office (ICO) provided updated guidance for AI and Data Protection in March 2023. AI and machine learning are poised to become hot-button issues over the next few years. This is an area you’ll want to keep bookmarked in your privacy compliance roadmap. is a broad term describing a variety of manipulative design choices to persuade users to make choices they otherwise wouldn’t have made. Dark patterns can include: Not giving people opt-out options, Repetitive attempts to collect information, and Using algorithms to change purchase decisions. dark or deceptive patterns reflect the opposite of transparency and trust. Not only do we see more data protection regulations covering dark patterns, but consumers have also become more aware of them. For example, in late 2022, the FTC reached a $100 million settlement with Vonage over allegations of dark pattern use that made it difficult for consumers to cancel services. As these headlines become more mainstream, consumers are more likely to notice and report dark pattern use. Carefully examine your websites, applications, and privacy notices. Are they transparent? Do they provide users with an opportunity to make choices without being persuaded? If not, act quickly to remedy those issues before consumers or regulators discover them first. Deceptive Patterns in Consent and Data Privacy Four steps to build your 2023 privacy compliance roadmap Considering the new regulations, changing regulations, and possible regulations, here are four steps to boil that information down into your 2023 privacy compliance roadmap. Start by answering the following questions to get a general sense of where the organization’s current privacy program status and what important actions need to be taken this year. What laws/regulations must your organization comply with? What do your current privacy program and compliance status look like? What are the core details of your privacy program? What are your biggest gaps and risk areas? Update the data inventory is critical for compliance with privacy regulations and data subject access requests. You need a detailed outline of: what data the organization has, where it’s collected from, and where it is transferred, sold, or shared. Because most functions in organizations collect or process data, keeping your data inventory updated can be a strenuous effort. Some privacy teams collaborate across business functions using spreadsheets. While others choose to automate the discovery of data and compliance reporting processes. Open communication lines with business partners Creating a comprehensive 2023 privacy compliance roadmap isn’t possible without connecting to people across the enterprise. The privacy team should be a resource that enables business innovation and value creation. Building relationships outside of the privacy office requires time and visibility. Working with other business functions, privacy professionals can help enable the development of products and services within the parameters of data protection. Does your organization use privacy by design or by default processes and practices for creating new products and services? Have you implemented a privacy training program for all employees? Start from here and build relationships as you go. Have your individual rights requests/data subject requests processes tested and ready In addition to European consumers, several U.S. states have recently awarded data subject access rights to individuals. Although the rights and requirements vary, businesses must respond to requests to know, change, delete, or stop the sale/share of data within a specific timeframe. In some cases, this includes contacting third parties and vendors down the supply chain to make the necessary changes as well. As you can imagine, this can be a complicated web, and noncompliance can be costly. The California Attorney General has already announced enforcement actions , and its first settlement with Sephora in relation to notice and opt-out requests signaled via the Global Privacy Control (GPC). The data subject request lifecycle doesn’t have to be managed manually. In fact, it’s nearly impossible to do so. If you don’t want to leave your organization open to enforcement actions, leverage TrustArc’s Individual Rights Manager Automate request fulfillment, improve response times, reduce costs, and comply with the most stringent global regulations. You can also take transparency and trust further by providing customers a preference center to manage their consent choices with your business through Consent & Preference Manager. Other considerations for your 2023 privacy compliance roadmap Depending on the size of the company and its location, your privacy program may be in different stages of maturity . In addition to compliance, other best practices also deserve a place in your privacy compliance roadmap. Only collecting the data that is absolutely necessary for business functions can drastically reduce risk and simplify your privacy program. Although it’s tempting to feel like more data is better, focus on collecting the highest quality data with consent from the data subject instead. Work across business departments to stop collecting data unnecessarily. Renew privacy certifications There are always recurring annual tasks that need to be completed to comply with regulations. For example, in California, you must include annual statistics revealing the number of requests received in your privacy notice. Certifications are proof of compliance and protection practices and demonstrate the organization’s commitment to privacy while reducing the time to finalize vendor partnership agreements. Independent reviews help your organization stand out, reduce risk, and build trust. third-party certifications active can be critical to your organization’s bottom line. Identify if you need to add certification renewal to your privacy compliance roadmap this year and ensure it gets done! Create an employee privacy policy Whether your employees are in California or covered under another data protection regulation, protecting your employee’s data is the right thing to do. Every organization needs an employee privacy notice and policy. Employers often collect very personal information about employees, who deserve to know how their data will be used and protected. Protecting your employee data demonstrates that you care about the people working for you. And doing so when it’s not required may even make your employees more loyal to your organization. Don’t sweat the small stuff The data protection industry is ever-changing. The amount of information and news can be overwhelming. You have to separate what’s most important from the noise. It’s impossible to focus on everything. To avoid being buried by the small things, the bottom line is, what is the organization’s risk tolerance? Don’t try to over-due it, be flexible and ready for new regulations and unexpected developments. Work within the parameters of the organization’s risk tolerance and leave enough room in your privacy compliance roadmap for surprises. ==================================================================================================== URL: https://trustarc.com/resource/international-data-transfers-schrems-ii/ TITLE: Understanding International Data Transfers and Privacy Protection Under Schrems II | TrustArc TYPE: resource --- The Court of Justice of the European Union (CJEU) didn’t give Maximillian Schrems exactly what he wanted in his second big international data privacy case (now known as Schrems II). He argued the use of standard contractual clauses (SCCs) and the EU–U.S. Privacy Shield by organizations for cross-border data transfers meant individuals were not guaranteed the same privacy they had in the EU. The EU–U.S. Privacy Shield was just a few years into its adoption by organizations for cross-border transfers of personal data from the EU to the U.S., following the outcome of Schrems’ first big case. The CJEU did rule the EU–U.S. Privacy Shield to be invalid, but the primary focus of Schrems’ argument was on the validity of SCCs. Although, at the time, the CJEU ruled the use of SCCs was still valid, the court explicitly noted the SCCs needed modernizing to align with the GDPR and other laws relating to international transfers of personal data. The SCCs have been reviewed and updated several times since. International data transfers before the Schrems II decision Before the summer of 2020 (and the Schrems II decision), the European Economic Area (EEA) had a simple, three-pronged approach for permitting international data transfers: Specific derogations (exemptions). All three were designed to allow personal data originating in the EEA to be transferred to or accessed from another country (any country or territory outside the EEA) provided certain conditions were met. Adequacy decisions meant the European Commission had determined a country’s personal privacy legislation offered an essentially equivalent level of data protection as that offered in the EEA. Appropriate safeguards for international data transfers had to be approved by the supervisory authority, whether the transfers included the use of SCCs, ad hoc contractual agreements, , codes of conduct or binding corporate rules. Specific derogations or exemptions in contracts covering personal data transfer to or access from another country were allowed if neither of the first two options applied, but only under very strict rules. Rules about individuals giving consent for international transfers of their personal data for example, noted an individual must be properly informed of their rights and given genuine choice and control over how their data was used. In the EEA, derogations could not be used for any massive, continuous or structural data transfers. GDPR Article 44: general principle for transfers The EEA’s use of the three-pronged approach suggested the lower the administrative burden on the controller to start an international data transfer, the higher the initial assessment threshold should be. level of protection of natural persons guaranteed by the General Data Protection Regulation (GDPR) should not be undermined Under the GDPR, any EU-originating international data transfer could be restricted by conditions set out in Article 44: Under Chapter 5, it prohibits international data transfers beyond the EU to a recipient country that cannot prove adequate data protection is provided. It also states all provisions of Chapter 5 must be applied to “ensure the level of protection of natural persons guaranteed by this regulation is not undermined”. International data transfers after the Schrems II decision The GDPR become enforceable on May 25, 2018, approximately halfway into the Schrems II case. Indeed, it was Schrems’ argument to the Irish Data Protection Commissioner that Facebook’s international data transfers did not comply with the GDPR that led to the Schrems II case being heard by the CJEU from July 2019 to July 2020. He raised concerns that when his personal data was transferred from Facebook’s servers in the EU to its servers in the U.S., his privacy became vulnerable because his data might be accessed by U.S. intelligence agencies using the U.S. data privacy law exemptions for national security concerns. Schrems and the Irish Data Protection Commissioner both highlighted Article 44 of the GDPR in their arguments during the CJEU hearing. The court’s decision on Schrems II changed the dynamic of the EEA’s three-pronged approach to allowing international data transfers. used by organizations in other countries – including SCCs – had to meet a key requirement for granted to countries outside the EU: they must result in a level of data protection essentially equivalent to that offered in the EEA. Otherwise, the GDPR data privacy guarantees could be weakened or undermined. Global impact of Schrems II Initially the Schrems II case focused on Maximillian Schrems’ privacy concerns about personal data transferred from Ireland in the EU (where the GDPR offered reasonable protection) to the U.S. (where Europeans had limited protection under U.S. surveillance laws). However, Schrems always intended the case to have a much bigger global impact. It wasn’t just about stopping Facebook transferring his personal data internationally, it was about highlighting a raft of disparities in data privacy laws exploited by companies around the world: especially SCCs. Schrems might not have gained the decision from the CJEU he really wanted – for SCCs to be held invalid – but several iterations of the SCCs have continued to be heavily scrutinized ever since. During the Schrems II case, the CJEU raised concerns about whether the SCCs at the time did, in fact, offer appropriate safeguards for international data transfers containing personal information – particularly when personal data could be accessed by organizations in countries with extensive surveillance laws. These concerns prompted the European Data Protection Board (EDPB) to release a set of supplementary measures recommendations The European Commission released a draft of its for international data transfers to the public for comment on November 12, 2020. Seven months later, on June 4, 2021, the European Commission issued under the GDPR for international data transfers – effectively answering the CJEU’s call for modernized SCCs after the Schrems II decision. How the new SCCs apply to international data transfers Following the Schrems II decision, the effective dates for the new SCCs spanned 18 months from their introduction (from June 2021 to late December 2022): All new data contracts for international data transfers between controllers or processors in the EU (i.e. subject to the GDPR) and controllers or processors in other countries had to use the new SCCs from September 27, 2021. All existing/old contracts for international data transfers must have incorporated the new SCCs under the GDPR by December 27, 2022. The modernized SCCs include several elements that were influenced by the Schrems II decision: Proof an importer can comply – a data exporter must make reasonable efforts to verify the importer can meet its obligations under the SCCs through “technical and organizational measures”. – a data exporter may be allowed to take a risk-based approach, provided an impact assessment is completed in every case. The assessment must consider the purposes of transferring and processing the data, along with the data privacy laws of the importing country. If more than one importer is involved, the assessment must consider and account for every organization involved in the data processing. Determining potential risk versus real-world risk – when considering the data laws and practices of the importing country, an exporter conducting an impact assessment can consider the real-world risk to data privacy when it is accessed and/or stored by an importer, rather than a theoretical risk. This point addresses the concern raised in Schrems II about U.S. intelligence authorities potentially accessing private data of European citizens when, in reality, the importer has never had an intelligence authority request to access the data it imports. Restrictions due to local laws – if local laws prevent the importer from meeting its contractual obligations, then processing of data is not permitted. there are exceptions under Article 23 of the GDPR, which refers to a data controller or processor whose local laws restrict the scope of some of the obligations and rights provided for in other articles, “when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard national security, defence, public security”. Public authority requests for access – if the importer receives a request to access the data from a government or public authority (e.g. an intelligence agency), then it must let the exporter and any data subjects know of this request, along with any steps the importer takes to challenge such requests. the EDPB’s guideline on these requests is that government access must “not go beyond what is necessary and proportionate in a democratic society”. – all parties must identify the competent supervisory authority for their international data transfers, and the importer must submit to that authority. New SCCs must be made under the law and jurisdiction of an EU member state. Understanding how to manage international data transfers can be time consuming and the Schrems II decision in 2020 made the risks more complicated. TrustArc’s helps organizations: Identify, manage, and mitigate risk through our algorithm that automatically detects data flows with transfer risk Conduct data transfer and risk threshold assessments Save time by using our templates that help operationalize regulatory requirements and trigger compliance mechanisms. Do you know your data flow risks? ==================================================================================================== URL: https://trustarc.com/resource/expectation-reality-data-broker-use/ TITLE: Consumers Want Control: Bridging the Gap Between Expectation and Reality on Data Broker Use | TrustArc TYPE: resource --- Imagine ordering a pizza online. You’re hungry, tired, and one click away from cheesy satisfaction. Except the app wants your location, your browsing history, your Spotify playlist, and your mother’s maiden name. All for “order optimization.” Sound ridiculous? It’s not. It’s business as usual in the world of data brokers. In today’s data economy, consumer data is currency, and data brokers are the stock market. But while consumers increasingly demand transparency and control, corporate privacy practices don’t always match those expectations. That disconnect is growing more visible, more urgent, and, thanks to new research from TrustArc, more quantifiable than ever. Download the research report to get detailed insights from 600 global respondents on the state of data sharing, consent, and third-party risk. This article explores the contrasting perspectives of consumers and companies when it comes to the collection, sharing, and sale of personal data. It dives deep into awareness, behaviors, business practices, and regulatory readiness, offering actionable insights for professionals who want to that inspire trust, not backlash. The privacy awareness revolution (and its limits) 2025 Privacy Pulse Survey of 300 consumers and 300 privacy professionals across North America and Europe, 75% of consumers reported being aware that data brokers can sell their personal data, often without explicit consent. That’s not a niche concern anymore; that’s mainstream awareness. Yet awareness doesn’t always translate into action. Of those aware consumers, only 64% have taken steps to protect their data, while 11% remain unaware and inactive. Even more telling: people who are aware of data brokers are more than twice as likely to adjust their privacy settings and opt out of data sales compared to those who aren’t. Top three consumer actions to protect data: Adjusting privacy settings (45%) Opting out of data sharing/sales (37%) Using browser extensions to block tracking (25%) These are encouraging trends but not complete solutions. Many consumers still feel overwhelmed or powerless in the face of complex tracking systems and hidden sharing arrangements. In other words, “they know cookies aren’t just chocolate chip, but they still don’t know what they’re consenting to.” Watch the full webinar on-demand to hear firsthand from TrustArc and Golfdale Consulting about these findings and how businesses can respond. Corporate vetting: Good intentions, incomplete execution On the flip side, most businesses aren’t asleep at the privacy wheel. According to the research, 64% of organizations have implemented vendor assessments throughout their supply chains. Not surprisingly, those with robust vendor vetting score significantly higher on the TrustArc Global Privacy Index (69%) than those who haven’t (28%). fewer than half of companies conduct direct assessments or audits of their third-party vendors’ consent practices. In a digital landscape full of regulatory traps and reputational risks, this is like checking your parachute’s straps but not the ripcord. Common business practices include: Requiring proof of consumer consent (69%) Including consent and compliance in contracts (63%) Relying on industry certifications (58%) Conducting due diligence (66%) Auditing third-party practices (45%) The underlying issue? Many companies have formal privacy policies, but many aren’t applied consistently. 28% admit their policy isn’t regularly enforced, which raises a thorny question: If compliance is optional, is it really compliance? If compliance is optional, is it really compliance? Consent fatigue or consent failure? Consumers want clarity, not fine print. According to the survey: 66% want to be notified when companies acquire their data from third parties. 91% support stricter regulations on data broker activities. Yet companies still struggle with the basics: communicating clearly, confirming informed consent, and updating their policies to reflect real behavior—not just aspirational statements. Some professionals rely on third parties to inform consumers, but this creates a chain of accountability that’s only as strong as its weakest (or most opaque) link. TrustArc’s experts recommend a different approach: Transparency isn’t just about disclosures. It’s about plain language, consistency, and building in frictionless user controls. As the , “anonymous data” is essentially a myth when de-anonymization techniques are a few algorithms away. Want to dig deeper into what professionals say they’re doing to manage consent? for breakdowns of policies, communication tactics, and regulatory preparedness by region. Regulation readiness: A tale of two continents While the U.S. still lacks a comprehensive federal privacy law, state-level legislation is gaining ground. (yes, Minnesota) have passed privacy laws with teeth, including rights to challenge automated profiling decisions. And companies are taking note: 64% of businesses said they are “mostly” or “completely” prepared for regulations like the CCPA. US professionals are more likely than European ones to have a formal policy on using data brokers and to actively inform consumers (71% vs. 63%). to hear how geography shapes regulatory risk and why U.S. companies may take more aggressive action, even without a national privacy law. If there’s one message privacy professionals should tattoo on their strategy decks, it’s this: “A mature approach to privacy builds brand trust.” Consumers may tolerate some inconvenience, but they won’t tolerate betrayal. When companies go beyond checkbox compliance (implementing clear consent frameworks, verifying vendor practices, and empowering users with privacy controls), they signal something bigger than policy alignment: they show respect. And respect breeds trust. Guidance for privacy pros: What to do now Want to avoid the “Black Mirror” version of your privacy program? Here’s where to focus: Don’t bury opt-outs under seven clicks. Match your onboarding experience with an equally easy offboarding process. privacy hub or Trust Center centralizing all notices, certifications, and data subject rights info. 3. Audit your assumptions Review and reconcile your posted policies against actual data practices. If they’re not aligned, fix them. Fast. Especially when dealing with non-public PII, lead with opt-in mechanisms. Build consent flows that are clear, contextual, and confirmed. 5. Invest in communication Whether it’s through interactive voice response systems (IVRs), chatbots, or privacy-forward messaging, reinforce your brand’s commitment to protecting data. What this means for the future of privacy governance The future of privacy is about more than regulation. It’s about reputation. As AI systems learn from consumer data, and biometric identifiers get folded into everyday transactions, companies that default to consent, minimize data collection, and disclose clearly will be the ones that stand out. Privacy professionals aren’t just risk mitigators anymore. They’re brand stewards, culture shapers, and trust architects. So the next time your marketing team wants to collect every click, ask them this: “Would you still do it if you had to explain it on a billboard?” That’s the mindset shift the privacy movement needs. ==================================================================================================== URL: https://trustarc.com/resource/elevating-privacy-impact-assessments-pias-to-ai-governance/ TITLE: Elevating Privacy Impact Assessments (PIAs) to AI Governance | TrustArc TYPE: resource --- Embracing the AI revolution responsibly Artificial Intelligence (AI) stands as a testament to human innovation, driving businesses towards unparalleled heights of efficiency and creativity. Many enterprises are rushing to integrate AI into their core operations, be it through in-house development, commercial vendors, or open-source communities. Others are being circumspect, waiting for the hype to wane and treading carefully with its application to their business and its use. While AI undoubtedly offers transformative potential, TrustArc’s 2023 Global Privacy Benchmarks Survey reveals why cautious optimism is warranted. Our global, 360° view of how enterprises manage data protection and privacy identified 18 key challenges that companies often face with respect to privacy. Top-ranked among these was AI, followed by regulatory compliance risks and reputational risks from social media. It was also informative that AI also was seen as important or very important with respect to privacy concerns by three quarters of the respondents. Like all transformative technologies, AI comes with substantial caveats. An integral part of the AI equation is its interaction with Personally Identifiable Information ( ) and sensitive data. The dilemma? The balance between harvesting the rewards of AI and understanding its inherent risks. The list of vulnerabilities AI exposes is becoming more widely known, but from a privacy lens, it bears reviewing. Vulnerabilities caused by AI The intentional corruption of training data can mislead AI models. When it comes to privacy, malicious actors might taint data to produce outcomes that compromise user confidentiality or misrepresent user data. Stealing the parameters or architecture of an AI model can expose the data used to train it, as well as the logic behind its decisions. This can lead to privacy breaches, intellectual property theft, or unfair competition. Model explain-ability, transparency, and accountability: AI models can be complex, opaque, or unpredictable, making it difficult to explain how they process data and reach decisions. If we don’t understand how an AI model reaches its conclusions, it undermines user consent, control, and recourse, as well as interfering with achieving regulatory obligations such as data protection impact assessments (DPIAs) and the right to explanation. AI models can reflect or amplify human biases and prejudices, resulting in unfair or discriminatory outcomes for certain groups of users. This can harm user trust and reputation, by inadvertent exposure of specific groups’ data or the unintentional highlighting of sensitive patterns. Violations of anti-discrimination laws may occur when models are trained based on biased data sets. An inadequately secured AI model becomes a target. Any breach in the cybersecurity measures guarding the data used to train AI models can lead to data breaches and compromised user privacy. False results, aka AI “hallucinations”: While AI models quite often produce fabricated or outdated results, right or wrong, they are presented with compellingly written, confidence inspired prose to the user. Decisions based on these inaccuracies can easily lead to stakeholders having their privacy breached. These risks highlight the need for a robust and proactive approach to governance, one that ensures that AI models are designed, developed, and deployed in a responsible and ethical manner. How mature is your AI risk management? Getting prepared: Updated privacy frameworks and principles in an AI world The ability to track privacy program progress in the new AI landscape is essential. The frameworks and principles to guide through this evolving AI landscape can be found in TrustArc’s PrivacyCentral, including: NIST AI Risk Management Framework – a U.S. framework with the aim to offer new guidance “…to cultivate trust in AI technologies and promote AI innovation while mitigating risk”. – promoting the “use of AI that is innovative and trustworthy and that respects human rights and democratic values.” Nymity Privacy Management Accountability Framework – ensuring AI is being developed, implemented, and used in a privacy-friendly, non-discriminatory, transparent, and accountable manner by evaluating and measuring privacy compliance across frameworks and standards. Among 13 standards listed in our most recent global survey, it was noteworthy that adoption of the Nymity Framework was associated with the highest Privacy Index competency scores. The global recognition of AI’s potential and risks has led to a surge in proposed government regulations and standards. TrustArc’s in-house privacy and legal experts continuously review, map, and update laws and standards, including industry standard AI frameworks/principles, doing this work for you. Proposed AI regulations and standards In addition to US national guidelines in NIST, seven US states are quickly adopting new AI regulations, and several new global regulations are taking shape. These include: These acts aim to regulate AI’s various uses to ensure user safety and data privacy. This Act will likely stress responsible AI adoption, emphasizing the protection of user data and ensuring ethical AI use. One key tool in preparing for the new regulatory landscape is an updated approach to Privacy Impact Assessments (PIAs). You got this: Recognizing the familiarity of Privacy Impact Assessments Privacy Impact Assessments (PIAs) are an essential tool for privacy professionals. These systematic processes help identify and mitigate the privacy risks of a project, system, or process that involves personal data. They help organizations comply with data protection laws, demonstrate accountability, and build trust with users and stakeholders. PIAs are not only a legal requirement in many jurisdictions but also a best practice for privacy by design. For privacy professionals familiar with conducting Privacy Impact Assessments (PIAs), the AI challenge might seem daunting. Still, the underpinnings remain rooted in assessing impacts, a process most are already adept at. The good news is the methodologies behind PIAs can be leveraged and extended to evaluate AI’s implications, be it , algorithmic biases, or other pertinent issues. However, traditional PIAs may not be sufficient to address the unique challenges posed by AI. AI models often involve large volumes of data, complex processing operations, dynamic changes, and uncertain outcomes. These factors can make it difficult to assess the privacy impacts of AI using conventional methods and frameworks. Therefore, organizations need to elevate their PIAs to account for the specific characteristics and risks of AI. This means adapting their PIA methodology, scope, criteria, and documentation to reflect the nature and context of AI. It also means involving relevant stakeholders from different disciplines and perspectives, such as data scientists, engineers, ethicists, lawyers, and users. Conduct impact assessments to mitigate AI risk In response, TrustArc has expanded its industry-leading Assessment Management workflow capabilities that empower organizations to conduct impact assessments to mitigate AI risk. Assessments include a pre-built, out-of-the-box AI Risk Assessment template based on the NIST AI framework, which can also be configured based on an organization’s tailored requirements. The AI governance features are integrated within TrustArc’s existing product offerings at no additional cost. AI, DPIA/PIA, self-configurable ethics assessments geared toward AI AI-algorithm based risk scoring based on standards and laws, including NIST AI Pre-built AI Risk Assessment template based on NIST Ability to create workflows with Automation Rules. For example, for certain processing types a rule can be configured to trigger a PIA or AI assessment Address privacy management in AI Additional Operational Templates have also been added to the Nymity platform to address privacy management in AI. The Operational Templates product includes over 1000 templates – from sample privacy policies, privacy notices, pre-built PIA and DPIA templates, information security checklists, sample procurement checklists, template contract language, sample consent language, marketing checklists, and job descriptions and plans for building privacy networks. To support AI initiatives from the perspective of privacy, the following resources and templates have been added, among other updates: An explanatory list of key AI definitions and concepts A guide of Key Considerations for Building an AI Strategy A guide for Incorporating Ethical Principles and Human-Centered Values to AI systems A whitepaper on Organizational and Technical Considerations for Algorithmic Accountability An Algorithm Impact Assessment to assess the impact of AI and weigh its benefits against the risks A Checklist for Adhering to Ethical AI Principles Effectively manage privacy program governance Overall, these updates ensure there’s an emphasis on broadening PIAs to include assessments tailored for AI, encapsulating algorithmic and ethical impact evaluations, as well as understanding how to take action to mitigate the risks and reduce harmful impacts. By updating PIAs with an AI focus, companies can manage and mitigate privacy risks with AI systems and effectively manage privacy program governance in an emerging AI technology environment. Current product updates help organizations with the following: Learning about and understanding what AI is and from a data governance, privacy, security, and compliance perspective; Setting out actions on AI Governance through a combination of a principle-based approach and an evidence-based approach that maps the data privacy risk layers of AI; and Operationalizing an organization’s use of AI in adherence to recognized AI principles and standards. The application of these expanded features is key to staying ahead of expected regulatory changes. TrustArc is the only platform that has assessments for standards readiness to know how compliant companies are and to measure progress toward AI data compliance. These come with on-demand executive-level reporting to demonstrate compliance. The need for measurement is essential. In our recent global survey, we asked: “Does your company currently measure the effectiveness of its privacy program?” The difference in privacy competence between companies that measure privacy versus those that do not was startling but not surprising. Privacy competence for those that measure their effectiveness was 3x higher than those that do not and a full 10 percentage points above the overall global average. Discover key pillars of AI risk governance and how to implement them effectively to build a strong, ethical AI ecosystem. Improve AI governance and simplify your privacy program management. The AI governance journey: Are you prepared? In the absence of stringent regulations, many corporations are proactively shaping their AI ethics. These include incorporating AI into risk management and privacy governance frameworks and may involve building out specific AI ethics standards and creating employee AI training programs for its appropriate use. The AI revolution is here, and its implications on data privacy are profound. While the landscape may be unfamiliar, organizations can find solace in the fact that the foundational principles of impact assessments remain consistent. By leveraging existing PIA processes and embracing the new tools and frameworks available, businesses can confidently stride into the AI era, ensuring they reap its rewards while upholding the highest standards of data privacy. TrustArc is committed to guiding organizations through this journey. We continuously innovate, keeping a pulse on regulatory dynamics and ensuring our clients remain ahead of the curve. With over 22 in-house privacy and legal experts, a library rich with standards, and more than 1000 operational templates, TrustArc stands as the beacon for businesses navigating the AI-infused data privacy terrain. Whether it’s understanding AI vulnerabilities, staying updated with regulations, or proactively setting up AI ethics frameworks, companies have a responsibility to navigate this domain with caution and integrity. TrustArc is dedicated to facilitating the responsible and transparent use of AI. As AI regulations emerge, trust in our commitment to support compliance, ensuring that organizations remain well-equipped in this ever-evolving journey. ==================================================================================================== URL: https://trustarc.com/resource/what-gdpr-means-cybersecurity-strategy/ TITLE: What the GDPR Means for your Cybersecurity Strategy | TrustArc TYPE: resource --- Aligning privacy strategy with cybersecurity strategy Even the most secure networks can potentially be compromised in this highly connected world. Legislators worldwide have introduced stricter privacy laws, knowing it’s more about ‘when’ than ‘if’ data security breaches will happen. Cybersecurity analysts predict that by 2024, at least 75% of the world’s population will be covered under modern privacy regulations , putting more pressure on organizations to prove they have an effective cybersecurity strategy. As the world’s most wide-reaching privacy legislation – and one of the toughest – the European Union’s General Data Protection Regulation (GDPR) has heightened consumer expectations on how data is handled. With fines of up to €20 million, there’s additional pressure on your organization to stay one step ahead. Your preventative measures need to become more sophisticated, with a multi-layered approach to cybersecurity and ongoing risk management. Roles of the Chief Information Security Officer and Chief Privacy Officer Many organizations that do not have a dedicated privacy team led by a chief privacy officer (CPO) put the responsibility for managing privacy and under the watch of the chief information security officer (CISO). In some organizations, the CPO and CISO roles are filled by the same person. However, while some of the responsibilities are connected, there are some important distinctions: Chief Information Security Officer – core focus on protecting the organization from information security threats to company-managed networks. The CISO is responsible for managing the organization’s data governance and the security of its data-related infrastructure. – core focus on protecting the privacy rights of individuals and external entities when their data is collected and stored on company-managed networks, as well as any transmission of that data. The CPO manages the organization’s legal compliance with data privacy protection regulations such as the GDPR. This responsibility includes managing data breach response plans to minimize data loss. Under the GDPR, organizations must report major breaches within 72 hours. Are cybersecurity and privacy controls the same? Before the GDPR and other privacy legislation came into effect, organizations’ data protection measures might have focused more on security than privacy – and it’s certainly possible to have strong data security without privacy. But it’s not possible to have strong data privacy protections without strong cybersecurity. Cybersecurity controls across the ISO-OSI model Cybersecurity controls are applied in every layer of data communication managed by an organization, typically defined in the seven layers of the ISO-OSI model (the International Organization of Standardization model for Open System Interconnection): Cybersecurity controls are designed to address threats to the security of data as it moves across a network (and any interfaces with devices) by performing the following functions: Privacy controls and GDPR compliance While cybersecurity controls are designed to identify and respond to potential threats to the security of data, privacy controls are firmly focused on protecting personally identifiable information (any data that can be traced back to an individual). Under the GDPR, privacy controls must also address an individual’s right to informed choice, and consent to the collection of their personal data. It includes controls to support their choices about what personal data they permit organizations to collect and how that data is managed and shared. The GDPR also includes rules about giving individuals the choice to consent to or block various kinds of data collected in cookies Privacy controls include cybersecurity tools to protect personally identifiable information, plus measures to manage the right to informed choice, including: Minimization (collection, retention, distribution, manipulation, transfer) Obfuscation (encryption, hashing, pseudonymization, anonymization Informed choice (basis for consent, cookies and tracking, cookie wall, legitimate interests) Individual data rights (view, access, correct, limit, stop, erase, withdraw consent) Protecting data privacy under the GDPR The GDPR gives individuals the right to know if an organization holds any data on them. If an organization has collected their personal data, the GDPR gives people rights to view, access, correct, limit or stop processing that data, and ask that it be erased or returned. The GDPR legal text includes nearly 100 references to expectations for organizations to protect the privacy of personal data with “appropriate technical and organizational measures”. However, these measures are not precisely defined. When planning your organization’s cybersecurity and privacy controls, consider the following: Although GDPR data privacy measures are undefined, are our organization’s privacy protections risk-aligned? Are our privacy controls proportional to the privacy protection need and the investment? Where data privacy controls are lacking, are the compensating controls applied sufficiently to the risk? Personal data privacy protection measures can include technical devices, technical processes, staffing, structure, and procedures. These measures need to address data privacy monitoring, testing, detecting, analyzing, correlating, responding, reviewing, reinforcing and defending; authorized use and behavior; and privacy controls. Examples of “reasonable measures” to protect the privacy of personal data Technical measures for privacy control Reasonableness should apply to: Investment in infrastructure Monitoring, testing and detecting private data Developing protections and responses, including processes and procedures. Organizational measures for privacy control Reasonableness should also apply to: Adequate staffing to manage privacy control Authorization of access and use (dictating who has access to specific data, what they are authorized to do, whether it can be transported, and the protection required). GDPR compliance plan: Seven Recommended Steps Step 1: Perform an inventory. To understand what private data your organization holds, you will need to map the networks, systems and tools used to manage data, and identify which records contain private data covered by the GDPR. Then, you’ll need to create an that includes details about what data is contained in each location, its purpose, who in the organization ‘owns’ the data, who else has access, and what controls are in place to protect access and use (such as license agreements and contracts). Step 2: Assess gaps in compliance with the GDPR and other data privacy laws. Perform a gap analysis to find out how the organization’s business processes related to data address compliance with the GDPR and other laws. The information you collect during this analysis will help shape your data privacy risk mitigation plan. Step 3: Map business processes and movement of data. Under the GDPR, you need to maintain accurate and up-to-date records of how data is handled across the organization. This map will provide an audit trail identifying which data is personally identifiable information A data map also comes with records of when data was collected, where it was collected, how it was/is processed and analyzed, and the purpose for which the data is used. Step 4: Risk-assess data and system assets. Not all data is high risk. Your risk assessment needs to consider the risk level for each type of personal data record. For example, high-risk categories include data on vulnerable populations, data containing financial information, and other sensitive information such as health records. Other risks to assess include the adequacy of corresponding levels of protection available for low, medium and high-risk data. Step 5: Evaluate contracts and disclosures. Review all legally required agreements you have in place for how data is collected, managed and used, including disclosures such as privacy statements and terms of service. Under the GDPR, individuals have the right to make informed choices about what private data is collected and how it is used. Step 6: Review data owner choice, privacy rights and controls. Evaluate the effectiveness of your communications and controls in place to ensure individuals can make informed choices about exercising their data privacy rights. Under the GDPR, you must inform consumers about your intention to collect personal data and give them options for consenting to and controlling the collection of some (or all) data. Consumers need to know what your organization plans to do with their data and how their data privacy rights will be protected. Along with simple tools to exercise their rights such as reversing consent, taking back their data and/or limiting how your organization uses it. Step 7: Correct deficiencies in data privacy protection and GDPR compliance. A thorough GDPR compliance assessment by an independent third party can help you identify and correct any gaps in your data protection processes, procedures and policies. Get a GDPR Assessment that’s conduct by expert privacy consultants, with deep expertise in identifying gaps, assessing risks, and designing prioritized step-by-step implantation plans for GDPR compliance. Our GDPR compliance experts are supported in their work by the powerful TrustArc Privacy Management Platform , which helps ensure the assessment is comprehensive, complete and accurate. ==================================================================================================== URL: https://trustarc.com/resource/china-personal-information-protection-law/ TITLE: Understanding the Illusive China Personal Information Protection Law | TrustArc TYPE: resource --- What is the China Personal Information Protection Law (PIPL)? In 2021, the top legislative body in the People’s Republic of China, the Standing Committee of the National People’s Congress, adopted the Personal Information Protection Law (PIPL). The final version of the law has been by the Stanford DigiChina Cyber Policy Center. The PIPL is the country’s first comprehensive data privacy law. PIPL protects 1.5 billion consumers The China Personal Information Protection Law aims to help citizens control what happens to their personal and sensitive information and regulate how personal data is handled. is defined as all types of data recorded, either electronically or in other forms, related to identified or identifiable persons. It does not include anonymized data This gives Chinese citizens more power to decide how much information companies can access, as well as who those companies share information with. Companies doing business in China must demonstrate they comply with the new rules. PIPL has boosted the privacy protections of 1.5 billion consumers or 20% of the world’s population. the handling of personal information within China’s borders any handling of personal data outside China if it’s related to selling goods or services to people in China. How can businesses comply with the China Personal Information Protection Law? In line with PIPL, businesses may collect and use personal information to comply with legal obligations if they have free and informed consent , including financial information, may only be used if there is a “specific purpose and sufficient need.” PIPL states that companies handling personal data relating to Chinese citizens must: use unmarked checkboxes to obtain express consent to process data collect only the data required to perform a legitimate task get consent for sensitive data processing help people exercise their privacy rights comply with any relevant authorities complete regular compliance audits protect data and train staff in cybersecurity employ a data protection officer perform an impact assessment/national security review if handling sensitive data or sending it overseas. How does PIPL impact data protection and retention? Core data protection principles like purpose limitation, transparency, and data quality are part of China’s PIPL. The law states that data can be kept for “the shortest time necessary to achieve the purposes.” The law also includes accountability requirements. “personal information handlers [data controllers] shall take necessary measures to ensure that personal information handling activities comply with the provisions of laws and administrative regulations.” security management systems relevant operating procedures categorical management of personal information appropriate technical and organizational measures for data security periodic training of staff data breach notification procedures. To comply, organizations have obligations to perform risk assessments, notify the authorities if there is a data breach, and determine if personal information is allowed to leave China. This is only allowed if it is “truly needed” and only if appropriate contracts are in place and/or a prescribed security assessment is executed How does PIPL impact data handling? you can’t handle sensitive data without explicit consent. Even if you already obtained consent for data processing, you need additional consent to handle any sensitive data. PIPL does provide an exclusion for news reporting : you can collect personal data for journalistic and reporting purposes. What are Chinese citizens entitled to under the law? Chinese citizens have the right to: know an organization’s data policies withdraw consent for data processing not be discriminated against if they withdraw consent make decisions regarding their data request copies of their data refuse automated profiling Who is responsible for PIPL enforcement? PIPL enforcement has been entrusted to the Cybersecurity Administration of China (CAC), which is also allowed to impose fines. Penalties can be up to 50 million yuan ($7.8 million) or 5% of a business’s annual turnover and may be recorded on China’s credit file system. This is the equivalent of a social credit score and can have a significant impact on your business reputation and credit status. Additionally, non-compliance may see overseas companies that don’t fall into line or that harm the national security of China placed on a blacklist, which could effectively ban them from processing Chinese personal data. How do PIPL and General Data Protection Regulation (GDPR) compare? The EU’s GDPR and China’s PIPL are both designed to protect users’ privacy rights when they use the internet or buy goods and services online. In both cases, it doesn’t matter if your business is physically located in the EU or China. It only matters whether you’re targeting protected individuals located in those regions. The two laws are similar in that they both: protect personal data, and set out lawful grounds for processing require clear and positive consent require companies to minimize their data collection and processing where possible require companies to perform impact assessments and protect data from risk let people access information that’s held about them let people ask for information to be corrected and deleted let people withdraw their consent for their information to be handled by a company. However, there are some key differences: is less specific when it comes to privacy rights doesn’t set out a timescale for reporting and responding to data breaches has stricter consent requirements penalties are more severe. is also more clearly defined in PIPL. The law classes sensitive data as any information that may cause material harm to an individual if it’s leaked or used illegally. Some examples of sensitive information are: financial account information biometrics characteristics Proactive Privacy is Non-Negotiable PIPL is more than just a data protection law—it’s a signal that China is serious about personal privacy and data sovereignty. For global businesses, it’s a wake-up call: compliance is no longer optional. The bottom line? To operate in or with China, organizations must integrate privacy into their operations—from consent collection to data lifecycle management—at a granular level. Still trying to navigate China’s regulatory maze? Learn how PIPL intersects with China’s Cyber Security Law and Data Security Law in Navigating China’s Privacy Framework ==================================================================================================== URL: https://trustarc.com/resource/getting-started-pipl-compliance/ TITLE: Getting Started with PIPL Compliance | TrustArc TYPE: resource --- Although the Chinese Personal Information Protection Law (PIPL) went into effect on November 1, 2021, many organizations still wonder if they meet PIPL compliance. To provide details on many elements, PIPL relies heavily upon further guidance and administrative regulations. With serious sanctions that can be imposed if organizations do not comply, a massive effort is necessary for compliance with the main PIPL requirements by November. Scope of the Chinese Personal Information Protection Law (PIPL) applies to all personal data processed within the People’s Republic of China if products or services are provided to people in China, their activities are assessed or analyzed, and where Chinese laws and regulations apply. comparable to the EU GDPR, including a household exemption and no nationality requirement. Due to globalization and many businesses with operations in China, understanding PIPL compliance is imperative for business in today’s economy. Need help understanding how PIPL fits into the bigger picture of China’s data protection ecosystem? Get the full breakdown of how PIPL, the Data Security Law, and Cybersecurity Law work together in Navigating China’s Privacy Framework Important definitions to know for PIPL compliance Contrary to many modern data protection laws, the PIPL does not include an extensive section of definitions. Some terms are defined in the relevant provisions, and some are featured in an official explanation included in article 73. The most important of these is the Personal Information Handler or the organization or individual that autonomously decides on the handling purposes of personal data , like that of the Data Controller (GDPR, LGPD) or the Business (CCPA). PIPL Article 4 includes two key definitions is the terminology used in the PIPL for the processing of personal data, which includes anything from collection to deletion. , which refers to all information, electronic or not, that relates to an identified or identifiable natural person. Anonymous data is explicitly excluded A processor or service provider is known under the PIPL as an The handling or processing of personal data is bound to a series of principles, which include legality, propriety, necessity and sincerity, as well as purpose limitation, data minimization, data quality, and accountability. is a key element of the law, requiring organizations to provide notice to individuals when processing their data with details on how personal data is processed and which personal information handling rules (such as standard operating procedures) apply. The legal basis to process personal data are also inspired by those found in other laws, ranging from consent, necessity to conclude or fulfill a contract (including HR), compliance with legal requirements, and urgent medical needs. Data can also be processed in these situations: To secure the property of an individual in case of emergencies For news reporting and similar activities in the public interest When the information has already been made public in a lawful way, either by the individual or a third party Consent and data processing If an organization relies upon consent, it needs to be freely given with an explicit statement, based on full knowledge of the processing operation. Consent can be withdrawn and needs to be validated if anything changes in the processing operation. There are specific requirements for all important Internet platform services (think of major tech companies). They will for example need to create a compliance infrastructure in line with forthcoming State regulations, establish their own independent supervision body, and clarify the standards for intra-platform data handling. Curious how China’s consent requirements stack up to other frameworks like GDPR? Explore consent, legal bases, and cross-border transfer rules in Navigating China’s Privacy Framework Three PIPL compliance friendly methods for international transfers Personal data covered by the law should only be processed in China. Processing personal data in another country where is permitted under one of three conditions, each governed by the State Cybersecurity and Informatization Department: Passing a security assessment; Obtaining a certification by a specialized body; or Under an approved standardized contract. information infrastructure operators reaching a certain amount of personal data being processed can only qualify under the security assessment element Once these mechanisms are available – there are no indications of a timeline so far – the foreign receiving party will need to meet the PIPL standards. Interestingly, the law also includes that any discriminatory provisions or limitations against China by other countries may be reciprocated. Planning data transfers from China? Understand your options for security assessments, certifications, and standard contracts in Navigating China’s Privacy Framework , including detailed guidance on China’s cross-border rules. A general data breach notification to authorities and individuals is effective in China as of 1 September 2021, under article 29 of the Chinese Data Security Law This provision is further supplemented by article 57 PIPL, which stipulates that the notification needs to include: The information categories, causes, and possible harm caused by the (suspected) breach; Measures taken by the organization to mitigate these risks, and what measures individuals could take themselves; and How to contact the organization. Individuals need not to be notified if sufficient measures were taken to prevent harm to individuals. The PIPL provides individual rights such as access, correction and deletion. Furthermore, the law allows for restriction of data processing if deletion is not possible or technically hard to realize. Other rights under PIPL include a right to know (understand the data processing operations), a right to decide (individual control over processing operations), and a right to limit or refuse data processing, unless it is mandatory under law Organizations are required to provide an answer to the individual “in a timely manner”, and if denied, the organization must explain why. Accountability plays an important role in the PIPL. Article 9 includes the basic requirement for organizations to “bear responsibility for their personal information handling activities”. This is further explained in Article 51. Organizations are required to formulate internal management structures and operating rules, to implement categorized management of personal information ( e.g., a register of processing activities), adopt appropriate technical security measures and more. Furthermore, individuals have the right to request organizations to explain their personal information handling rules appointment of a DPO will only be mandatory for large organizations , to be defined at a later date. However, similar to GDPR, organizations without a physical presence in China must appoint a representative registered with the Chinese authorities. It is not yet sure which authorities will enforce the PIPL. It is clear that serious sanctions can be imposed for violations of the law These could include compliance orders, processing bans, confiscation of unlawful income, and fines of up to 1 million Yuan (~$155,000). persons in charge and/or directly responsible for the processing operation can receive a personal fine between 10,000 and 100,000 Yuan. For grave violations, the maximum fine for the organization is up to 50 million Yuan (~$7,7 million) or 5% of annual revenue. The individual sanction would go up to between 100,000 and 1 million Yuan, and could include a prohibition to hold a number of professional positions for a certain period. Individuals whose data is wrongfully processed have a right to compensation. In case a large number of individuals is involved, the People’s Procuratorates (comparable to the Public Prosecution Service) can also file a lawsuit against the organization. The stakes for non-compliance are high. Stay ahead of enforcement risks and explore China’s full regulatory enforcement landscape in Navigating China’s Privacy Framework ==================================================================================================== URL: https://trustarc.com/resource/future-cookie-consent/ TITLE: The Future of Cookie Consent: Everything You Need to Know | TrustArc TYPE: resource --- Cookies are an important tool for any business that operates a website. They can give you a great deal of insight into your users’ online activity and help you create targeted marketing and advertising strategies. And digital advertising is big business, with global spending targeted to hit Cookies can store a wealth of data – enough to potentially identify your users without their consent. Over the last decade, a number of laws and regulations have come into play to ensure this doesn’t happen. What are the different types of cookies? In general, there are three different ways to classify cookies: what purpose they serve, how long they endure, and their source or provenance. – are temporary cookies that expire once a user closes their browser – are cookies that remain on a user’s hard drive until they erase them or their browser erases them. – are cookies your website puts directly onto a user’s device – are cookies that a third party, like an advertiser or an analytic system, puts onto a user’s device while they are browsing your website. – are essential for users to browse your website and use its features, such as accessing secure areas of the site – allow your website to remember choices users have made in the past, like what language they prefer or their username and password, so they can automatically log in – collect information about how users browse your website, like which pages they visited and which links they clicked on. Their sole purpose is to improve website functions – track users’ online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. In the EU, the regulations governing cookies are split between the General Data Protection Regulation ( ePrivacy Directive (or EU Cookie Law) . While they are different in scope, both require advertisers, publishers, and brands to consider their digital data privacy practices and how they communicate these to their users. The ePrivacy Directive is a law that requires sites to obtain consent from users before retrieving or storing their personal information. Essentially, it gives users the right to say no to the collection, storage, and use of their information. To be cookie compliant under the ePrivacy Directive, a business must: Receive users’ consent before using any cookies, except strictly necessary cookies Provide accurate and specific information about the data each cookie tracks and its purpose in plain language before consent is received Document and store consent received from users Allow users to access your service even if they refuse to allow the use of certain cookies Make it as easy for users to withdraw their consent as it was for them to give their consent in the first place If your business processes personal data in the EU and provides services over electronic communication, the ePrivacy Directive applies to you. If a US-based company does not conduct any business with EU residents, it is not required to comply with ePrivacy Directive. The GDPR is much broader, applying to all companies and organizations, independently of their place of origin, that offer goods and services to consumers in the EU or collect and process personal data of website users located in the EU. Outside the EU, there are a number of laws like the GDPR that protect data privacy. These include the Personal Information Protection Law (PIPL) California Consumer Privacy Act (CCPA) in California, and the Consumer Data Protection Act (CDPA) in Virginia, among others. Penalties under the EU cookie law are decided and enforced by local governments. If you don’t comply, you could face criminal charges and fines. For example, in 2022 France fined Google US$169 million and Facebook US$67 million for requiring too many clicks for users to opt-out of cookies. In compliance with regulations and recognizing ongoing user concerns around privacy, browsers are phasing out support for third-party cookies. Apple, Google, and Mozilla have all announced plans to do this in the coming years. The phasing out of third-party cookies will have a profound impact on the digital advertising world and will require businesses to rethink how they collect user data. There is an alternative to cookies called – data that users voluntarily share with your business. This data can include things like preferences, interests, and contact information. It’s typically collected through methods such as surveys, polls, and quizzes. While it takes more effort to collect, zero-party data has the potential to be more valuable to businesses than cookies because it is more accurate, specific, and reliable. In addition, zero-party data is collected with the user’s consent, so there are no privacy concerns. The Cookie Crumbles—But Opportunity Rises In a world where data is the new oil, cookies once ruled the digital realm like Game of Thrones’ Lannisters—powerful, pervasive, and not always playing by the rules. But just like that infamous dynasty, their reign is being challenged by new forces: public demand for privacy, a patchwork of global regulations, and a growing awareness that consent isn’t just a checkbox. It’s a commitment. The days of sneaky scripts and silent surveillance are numbered. As third-party cookies vanish faster than Blockbuster stores in the age of streaming, the question for today’s privacy professionals isn’t just what’s compliant, it’s what’s next. And what’s next is intentional. Ethical. Empowered. This is your cue to ditch shady data tactics and embrace a model that puts people before pixels. Zero-party data isn’t just a buzzword; it’s the Beyoncé of behavioral insights; voluntary, high-value, and absolutely in demand. When users give you their preferences directly, you win loyalty, accuracy, and compliance in one beautiful, permission-powered package. So what’s next for privacy pros? It’s not about grand gestures or flashy promises. It’s about the basics; clear disclosures, fair choices, and simple opt-outs that don’t require a scavenger hunt. The goal isn’t to surprise users like a Marvel post-credit scene. The goal is to inform them, upfront and in plain language. Because digital trust doesn’t come from clever cookie tricks or complicated settings. It comes from showing your work, explaining your purpose, and making it easy for users to make decisions about their data without the fine print doing all the heavy lifting. ==================================================================================================== URL: https://trustarc.com/resource/origins-of-data-privacy/ TITLE: Redefining Privacy: The Origins of Data Privacy | TrustArc TYPE: resource --- Over the past two decades, few concepts have evolved as swiftly or have become as important as data privacy. While the concept itself is not new – data privacy began to come into focus in the mid-1900s when governments and large companies began to store information on their early data processors – public awareness of it has skyrocketed in the internet era. And the issue has become particularly salient in recent years due to prominent cases of data mismanagement. The result? Establishment of regulations and laws protecting individual data privacy, and giving citizens greater transparency and more agency to consent. These regulations and laws come with clear implications for businesses operating in the digital space and holding personal data. In today’s business environment, data is one of the most valuable assets a company can possess. Customer data fuels insights, product/service development, personalized experiences, and relevant go-to-market strategies. Properly analyzed, the right data gives companies a competitive edge in efficiency and, thus, profitability. Websites, apps, social media platforms… these are all data wells, collecting and storing personal information about consumers to provide and customize services. This sensitive data covers many fields. It can be a consumer’s name, location, contact information, medical records… and so much more. And it can relate to online or real-world interactions. One particularly sensitive type of data is Personal Identifiable Information (PII) , defined by the US Department of Labor as “Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.” This sort of data includes social security numbers, full names, and even birthdays – data that opens an individual to identity theft when placed in the wrong hands. Data privacy addresses the proper handling, storage, access, retention, changeability, and security of sensitive data, PII or otherwise. Data privacy becomes problematic when websites, apps, and social media platforms exceed users’ expectations for data and PII collection and usage. In short: when your customers don’t know what data they are giving you or how it is used. The result? A breach in user privacy. Data privacy versus data management It’s important to recognize that data privacy is just one aspect of data protection (aka data security). In short, it’s a subset of a company’s overall data practices and data management program. The complete data management program is how a company’s data is collected, used, and distributed. What this means is that beyond providing consumer privacy notifications, it is increasingly critical for businesses to address their broader data practices, including privacy risks. It’s one reason large companies have added a new executive position – Chief Data Officer (CDO). And one important aspect of the CDO’s role is to establish and oversee data management policies and procedures to ensure data security and privacy. Why is data privacy important to individuals? At its core, data privacy is all about trust. After all, for consumers to feel safe and be willing to engage online, they want to trust that their personal data is being handled with care. They want to be assured that their personal information isn’t vulnerable to being misused by hackers or unscrupulous companies to track and monitor them, defraud and harass, or spam users with unwanted marketing and advertising. Why is data privacy important for businesses? For individuals, any of the above outcomes can be harmful. For a business, these outcomes can irreparably harm its reputation and incur fines, sanctions, and high scrutiny from regulators. Few things are as vital to a company’s success and growth as its brand reputation. And more often than not, reputation depends on the trust between a consumer and a brand. When a brand makes a genuine, truthful connection with a consumer, it creates brand loyalty. This is the basis of a consumer-brand relationship, giving an organization a competitive advantage by creating a propensity among consumers to prefer the brand’s new offerings . But a brand damaged by a data privacy breach can flip that propensity on its head. Proactively addressing consumer privacy issues through enhanced notices, icons, and opt-outs will help reduce risk and keep a business out of hot water. On the positive side, demonstrating good data privacy can also help win new clients and grow a business. The takeaway? Organizations today should see data protection and privacy less as a compliance exercise and more as an opportunity for trust-earning potential for their brand. As well as positioning them with a competitive edge in the market. Who else do I have to worry about? One of the most powerful aspects of the internet is its ability to fuse information for the consumer across the globe. Online marketplaces can place an item being sold from America on the virtual shelf next to one sold out of Bangladesh. Companies, too, have developed global supply chains among themselves and their partners. Ensuring product consistency end-to-end across the supply chain is known as “supply chain integrity,” which, in turn, has come to include data privacy. That same technology that makes your customers blissfully unaware of the countless partnerships occurring behind your brand if one of your partners misuses information entrusted to your company. What Laws Protect Data Privacy? As the concept of data privacy has become more prominent, an increasing number of regulations and laws around its protection have been passed. Privacy laws such as Europe’s General Data Protection Regulation (GDPR) regulate data storage, sharing, and disclosure practices for consumer data in today’s digital economy. Implemented in May 2019, the GDPR claims to be the “toughest privacy and security law in the world.” And a company doesn’t have to be based in Europe to be impacted by it. As long as your organization targets or collects data related to individuals in the EU, you must abide by GDPR regulations. Otherwise, you can expect penalties reaching into the tens of millions of euros – up to 4% of the offending company’s annual turnover. The GDPR is large and far-reaching and has implications that may impact many areas of your company, including your marketing strategies. It’s disrupting traditional business models and the way data value transfer works. Since the GDPR, other privacy laws have bloomed around the world. There’s the Brazilian General Data Protection Law (LGPD) and the Chinese Personal Information Protection Law (PIPL). And there are also a number of individualized laws around US states, like the 2019 California Consumer Privacy Act (CCPA). Colorado, Connecticut, Virginia, and Utah have all created legislation similar to CCPA, and 11 other states have privacy bills in consideration. All of them aim to unify the multiple local privacy laws that regulate the processing of personal data. This increasing number of laws can make it difficult for companies to keep up and stay compliant. What differentiates one law from another? Are they all applicable simultaneously? Do they take different approaches in enforcement? Most importantly, how can a business build good data privacy procedures as a brand asset and competitive advantage rather than lose sight of the goal amidst compliance stressors? As a first step to good data privacy, online operations professionals have access to marketplace tools that can help them audit their own or their partners’ web-facing technologies to prevent better unhappy surprises from lurking in the code. ==================================================================================================== URL: https://trustarc.com/resource/what-is-trust-center/ TITLE: What is a Trust Center? | TrustArc TYPE: resource --- With more alternatives than ever, trust is paramount for business today. Consumers on all sides of the transaction prioritize organizations that are transparent, honest, and reliable. Across every transaction multiple layers of trust coincide. As a consumer, you trust that a product or service is accurately described and of the quality you expect. If you’re making an online purchase, you trust that the business will, in fact, ship the product after receiving your payment. And your trust also extends to how the organization protects the information you share with it during the transaction. In a business-to-business environment, you trust that the vendor will meet your needs and provide adequate service levels throughout the relationship. You also trust that your partner will adhere to the terms of your contract regarding proprietary information and company data. Similarly, you must trust that they hire trustworthy people and select other trustworthy vendors for their business. Every employee in every business has a role to play in building trust inside and outside the organization. Especially the privacy, security, legal, compliance, marketing, and communications teams. These functions are responsible for having accurate information, such as privacy notices and customer-facing policies, available on the organization’s website. The current state of trust management Think about how things are run in your company. There’s the Privacy team, the Legal folks, Information Security pros, Compliance officers, the Marketing crew, and the Web Development team. Each group holds a crucial piece of what makes customers trust a company. But they’re often doing their own thing, making it tough to create a united front for earning customer trust. When efforts and content is scattered, building trust with external stakeholders like customers and partners can fall short. Things like updating privacy policies are important, but if they’re just one-off tasks, they don’t add up to a big picture of trust. of bosses say that not having a clear “trust boss” is a big roadblock. That means there’s a huge opportunity being missed to work better and see real benefits from building trust. What’s needed is a big shake-up in how companies approach trust. It’s about bringing all external-facing trust and safety information (e.g. legal terms, policies, security disclosures, compliance overviews, subprocessor disclosures, and more) together under one roof. Companies can make a real shift by aligning every action and decision with a clear plan and common goal. The future of trust involves everyone moving together towards making customers feel secure and valued. That’s how you turn the act of building trust into something that not only feels good but also pays off. The demand for a unified online hub The amount of data created online daily is exploding. At the same time, privacy laws are getting stricter, and compliance is becoming more time-consuming. And have you seen the new AI regulations on the way? On top of regulations are consumer demands. emphasize the importance of knowing a company’s AI policy before purchasing. Legal, privacy, compliance, security, and marketing teams are burdened with keeping customer-facing policies, privacy notices, legal terms, compliance updates, overviews, and disclosures current. Likewise, expecting consumers to navigate too many “legal” links can be problematic for a good user experience. This situation calls for something super handy: a one-stop online hub. You might have heard them called Trust Pages, Privacy Pages, Security Trust Centers, or Trust Portals. Despite the different names, their purpose is unified —to build trust by showcasing your organization’s commitment to all things trust and safety in a clear and easily available manner. Think of it as a central station where customers can find everything they need to feel safe and informed. Policies? Check. Security details? Got it. Want to know about data handling or give your consent? It’s all there. Even system updates and legal stuff are included. Plus, this hub makes it easy for everyone to use their privacy rights without a hassle. It’s about keeping things clear, secure, and user-friendly. unified, no-code Trust Center. It’s designed to consolidate fragmented data privacy, security, availability, and legal elements and operations into a unified platform, simplifying how organizations communicate and manage all trust and safety information . So you can easily demonstrate your commitment to data protection. The storefront of your organization’s data governance practices A Trust Center is a window into how you manage and protect customer data. It allows users to exercise individual rights, see your privacy certifications and policies, and access any compliance information like regulatory attestations and subprocessor lists. It’s an interactive section of your website that’s constantly updated. One of the key features of Trust Centers is their user-friendliness. They should be easy to navigate, ensuring users can find needed information easily. The Trust Center spectrum – Security, privacy, legal, and homegrown solutions As the digital landscape evolves, Trust Centers have also advanced. Our latest count identifies over 15 different types of platforms; each offering varied capabilities, from standalone automated solutions to integrated systems within broader compliance frameworks. This diversity means you have options. And you should carefully consider the tools to select the right one for your organization’s unique needs. ==================================================================================================== URL: https://trustarc.com/resource/integrating-privacy-by-design-principles-software-development-life-cycle/ TITLE: Integrating Privacy by Design Principles into the Software Development Life Cycle | TrustArc TYPE: resource --- , an idea born in the 1990s, pushes for privacy to be integrated from the very inception of any technological solution. In the context of the Software Development Lifecycle (SDLC), this means weaving privacy considerations into each stage. The development and adoption of Artificial Intelligence (AI) has added another layer of complexity to this issue. In an era of revolutionary AI, software developers must ensure that privacy is not an afterthought but a foundational element. Shifting left in the software development life cycle To guarantee privacy, much like with cybersecurity, we need to “shift left.” By this term, we mean ensuring that privacy considerations start early and remain consistent throughout the product development lifecycle. Nymity Privacy Management Accountability Framework™ (PMAF) , which accounts for recent AI developments, recognizes this need. Our 4th imperative, “Embed Data Privacy Into Operations,” now includes integrating privacy into the SDLC. Further, a new operational template provides specific guidance on the need to “integrate data privacy into the System Development Lifecycle”. Companies building products must maintain operational policies and procedures consistent with their data privacy policy, legal requirements, and operational risk management objectives. If AI is a fundamental component of new products, all of these require updates. Of course, the principles of privacy by design apply at every stage of development, but let’s delve into how certain principles should be emphasized at each of the five stages of the SDLC: 1) Design stage (initial design, architecture, research & requirements definition) Be proactive, not reactive, preventative, not remedial. Embed privacy into the design. At the design stage, consider potential privacy risks and design solutions to address them. For instance, ensure that data collection is minimal and relevant. Privacy needs to be the default. Design software to have user data protection on by default. Users should not need to take extra steps to secure their privacy. 2) Development (software development and unit testing) Ensure full functionality. Ensure end-to-end security. Developers should be trained to write secure, privacy-compliant code. Any tools or libraries incorporated should also uphold these standards. Ensure that implementing privacy measures does not hamper the software’s functionality. Use encrypted protocols, secure databases, and build techniques for data early in data engineering pipelines. 3) Testing (development completed and integration testing) Ensure visibility and transparency. Respect user privacy. Testing should include checks for transparency in how data is used and ensuring there are no hidden processes. Include user testing to understand and respect user privacy concerns. This involves making sure users are aware of data collection and usage practices. Need a practical way to ensure your AI systems align with privacy-by-design principles? Use our Testing Artificial Intelligence (AI) Systems Template to structure your evaluations, identify risks early, and build AI applications that are safe, compliant, and trusted by design. 4) Deployment (testing completed and deployment to production) Ensure end-to-end security. Regularly update software to patch vulnerabilities. Deploy threat modeling and penetration testing to identify potential weak spots, early and then regularly when updating any code. Being preventative, not remedial, requires monitoring for potential breaches or vulnerabilities and addressing them promptly. Provide visibility and transparency, with documentation and clear communication to users about data practices. 5) Post deployment (ongoing operations and maintenance) Respect user privacy. Schedule regular reviews of user feedback regarding privacy concerns and be sure to address them. Engineer data warehouses and pipelines with expressed means for deletion and retention issues, both ensuring that data is not retained longer than necessary and that end users can have their data promptly removed. Implement and regularly audit data deletion protocols. These protocols are part of good data stewardship. They require that you continually ensure data ownership rights are clear and respected. Users should have the right to access, edit, or delete their data. Why AI makes privacy by design especially critical AI presents unique challenges that heighten the importance of integrating privacy considerations throughout the SDLC. As AI systems rely heavily on large and diverse datasets to learn, this can pose unique threats to individual privacy. The inherent nature of AI to constantly evolve and learn also complicates static privacy protocols. Additionally, it is unlikely most companies will be developing AI products from scratch. Instead, they will be integrating technology from commercially available and/or open-source communities and then adapting and training these to their needs. This approach makes practical sense, but it also brings with it considerable privacy exposure. TrustArc’s updated Privacy Management Accountability Framework™, which includes activities like “Maintaining defined roles and responsibilities for third parties (e.g. partners, vendors, processors, customers)” as part of “Managing Third Party Risk” is so important. AI amplifies the necessity of adhering to privacy by design principles High stakes of data breaches: AI applications can potentially handle vast amounts of personal data. A data breach in an AI context means the exposure of sensitive data on a massive scale. Invasive data collection: AI applications, particularly those relying on deep learning, might collect more data than is immediately necessary, justifying it for potential future needs or improved model accuracy. Interpreting encoded data: Even if data is anonymized, AI algorithms might decipher patterns that can re-identify individuals. Algorithmic management and workplace surveillance: AI systems can be used to manage workers, monitor their every move, analyze their productivity, and even predict future behaviors. Here, the principles of “visibility and transparency” and “respect for user privacy” become crucial. Workers must know if they are being monitored and what data the AI collects. Software development that incorporates AI and biometric surveillance is another clear example. We accept biometric privacy intrusion when traveling internationally or before boarding a plane. What other applications do we accept its use? From the early software Design Stage onward, important privacy questions need to be thought through. As vehicles become smarter, there is potential for biometric data collection, like monitoring drivers’ eye movements or heart rates. A case could easily be made for reducing vehicle theft, reducing drunk driving, always obeying speed limits, the list goes on. For all the potential positive use cases argued for safety and security purposes, where is that data gathered, how is it trained, who owns it, and who has access to it? The fine line between data usage and privacy Incorporating Privacy by Design principles at each stage of the software development lifecycle is a complex yet crucial endeavor in the new age of AI. As AI systems become an integral part of our daily lives, the line between acceptable data usage and privacy invasion blurs. It is imperative for organizations to prioritize privacy, not just as a legal obligation, but as a foundation of trust with their users and in their contribution to society. By embedding Privacy by Design principles into each stage of the SDLC, and joining into broader conversations on its acceptable use, software companies can ensure that they are not only compliant with regulations but also earn the trust and respect of their stakeholders. Streamline Your AI Governance Incorporate responsible AI practices to reduce bias and privacy risks, ensuring ethical and compliant AI technologies. Improve AI governance and simplify your privacy program management. ==================================================================================================== URL: https://trustarc.com/resource/growing-need-cyber-resiliency/ TITLE: The Growing Need for Cyber Resiliency (NOW) | TrustArc TYPE: resource --- Both the public and private sectors around the world recognize information security is a valuable priority. As more people than ever are working from home and the world is witnessing Russia invade Ukraine, the need for operational cyber resiliency has increased. McAfee Enterprise and FireEye released findings in Cybercrime in a Pandemic World: The Impact of COVID-19 , revealing that 81% of global organizations experienced increased cyber threats during the pandemic. 79% of those organizations also suffered from downtime during a peak season. Cyber threats to critical infrastructure can have devastating consequences. Power grids, pipelines, transportation, and healthcare, for example, need continuous activity to provide service to citizens. Any disruption could end in significant financial loss and the loss of life. Cyber resiliency advisories to combat Russian efforts The Russian government is targeting the infrastructure of Ukraine and Western nations. Recent publications show Russia is engaging in a cyber war with attempts to steal, disrupt, or otherwise influence elections, healthcare, aviation, and critical manufacturing (not an exhaustive list). Russian state actors use many different tactics to gain access to targeted networks. Historically, spear-phishing, brute force/password spray attacks, and security vulnerability exploitation have been witnessed. Cybersecurity & Infrastructure Security Agency (CISA) and the FBI have alerted that Russia is using destructive malware to render computer systems completely inoperable. Russia’s main intelligence agency, the GRU, has been attributed to some of Russia’s worst cyber operations. These include attacks targeted at spreading disinformation, spying, and destroying cyber capabilities around the world. In light of Russia’s recent invasion of Ukraine, agencies have been issuing cyber resiliency advisories to combat malicious cyber actors. What is cyber resiliency? , it is “the ability to anticipate, withstand, recover from, and adapt to adverse conditions, stresses, attacks, or compromises on systems that use or are enabled by cyber resources.” From a risk management perspective, cyber resiliency is about measuring how robust your cyber defense systems are and taking measures to improve them. CERTs are issued by various governing bodies as guidance to help improve your overall cyber resiliency (also known as your “posture”). Recently, CISA, the FBI, and NSA have given guidance to combat Russian state-sponsored cyber attacks Robust cyber resiliency includes regularly reviewed reporting processes and an updated cyber Organizations should follow best practices for identity and access management. Effective cyber resiliency also requires you to implement protective controls and vulnerability and configuration management, and continuously monitor for new threats. You might be asking yourself, how do I DO those things? To effectively respond to a network intrusion, an organization should: cybersecurity culture from day one Have a plan detailing how to report potential cyber incidents and to whom they should be reported. Assign key points of contact and address their individual roles and responsibilities. Assign backup personnel for key points of contact in case someone is unavailable. Conduct periodic testing of the plan. Follow best practices, such as requiring multi-factor authentication and adopting a zero-trust security model. Ensure assets are protected with antivirus/antimalware software and kept up-to-date with the latest security patches. Cyber incident reporting for Critical Infrastructure Act As of March 15, 2022, the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) was signed into law under the Consolidated Appropriations Act 2022 This act requires critical infrastructure organizations to report cyber incidents to CISA within 72 hours after the incident occurs. Organizations will then need to keep CISA informed until the incident as closed, including the reporting of ransom payments within 24 hours. While this new regulation is an effort to improve the nation’s cybersecurity, it’s likely the increasing threat from Russia was on Congress’ mind when passing this law. Cyber resiliency isn’t just for government, infrastructure, and large enterprises . Any organization can be at risk of an attack. Cyber security and data privacy work together to ensure the safety of your information systems. Don’t wait until it’s too late to have a privacy program and cyber resiliency plan in place. ==================================================================================================== URL: https://trustarc.com/resource/managing-online-tracking-ad-tech-vendors/ TITLE: Privacy Law Compliance: Managing Online Tracking (Ad Tech) Vendors | TrustArc TYPE: resource --- Tracking technologies – and especially ‘ad tech’ – used by businesses to pinpoint customer activities and trends, are themselves under greater scrutiny as new and evolving privacy laws As we’ve seen recently, high profile privacy law enforcement actions do more than bring individual businesses to account for non-compliance – they make examples of them to put countless other companies (and their vendors) on notice too. We recently hosted a webinar on this very topic: Managing Online Tracking Technology Vendors: A Checklist for Compliance Privacy law enforcement actions targeting online tracking Arguably, the California Attorney General’s August 2022 enforcement action against personal care and beauty retailer Sephora for breaches of the California Consumer Privacy Act (CCPA) was as much about calling out how vendors of ad tech/online tracking technology are managed – via criticism of Sephora not having valid controls in service provider contracts – as it was about the business failing to respect consumers’ opt-out rights. In its settlement, Sephora agreed to: Clearly notify consumers of their opt-out rights Process opt-out requests signaled via the Enter CCPA-compliant contracts with service providers Establish a two-year compliance program for vendors and other third parties. That last settlement term put many organizations into a spin over their ad tech vendor contracts because many of them knew they faced serious privacy law compliance risks. Not surprisingly, twelve months later in August 2023, the Interactive Advertising Bureau (IAB) reported nearly half of all respondents to its State Privacy Law Survey “do not feel prepared to comply with the vendor due diligence obligations of the laws” “consensus that a lack of adequate contract controls are in place”. In our webinar, Taylor Blum highlights some other big takeaways from the IAB State Privacy Law Survey results: “Most respondents truly believe the term ‘sale’ is a broad concept under each of these data privacy laws, and it generally captures making personal information available for sharing or targeted advertising, ad delivery and measurement activities.” “The majority of respondents stated that after a user opts out, ads can be selected using publisher first-party data or contextual signals. There is still another significant percentage of the market that expressed a problematic belief that ad selection based on advertiser personal information can be leveraged, which I think is a big disconnect there … these can have liability if they fail to conduct adequate diligence on privacy compliance requirements in effectuating app campaigns.” What broad definitions of ‘personal information’ mean for website tracking Blum notes the CCPA definition of ‘personal information’ is a good baseline for businesses to understand the privacy implications of their website tracking activities. Under CCPA section § 1798.140(v), ‘personal information’ is defined as: “…information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household….” and includes “a unique personal identifier, an online identifier, an Internet Protocol Address, an email, other similar identifiers, internet or other electronic network activity information, or geolocation.” In our own experience helping businesses manage privacy law compliance, I’ve found it’s vital that decision makers planning to use online tracking technologies – for example in marketing – understand the legal implications of collecting personal information. They must also flag intended uses of these technologies with the privacy office or legal counsel. Similarly, if you’re in the privacy office, ensure people in the business understand just how granular definitions of personal information have become. As online tracking technologies are often designed to capture one or more main categories of personal information, it’s useful to understand how they’re defined in subsections of the CCPA: (defined under CCPA § 1796.140(aj)) – personal information includes “Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers or similar technology, customer number, unique pseudonym, or user alias; telephone numbers, or other forms or persistent or probabilistic identifiers that can be used to identify a particular consumer or device that is linked to a consumer or family”. (defined under CCPA 1798.140(w)) – information about a person’s location “derived from a device that is used or intended to be used to locate a consumer within a geographic area that is not equal to or less than the area of a circle with a radius of 1,850 feet”. Internet or other electronic network activity information (defined under CCPA s 1798.140(f)) – information about a person’s online activities, such as “browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement”. Online tracking technologies that can collect personal information Most people are well familiar with cookies, but as Ryan Ostendorf explains, it’s also important to understand how other kinds of online tracking technologies work: “Mechanisms where users are identified on the web might be based on a cache object on the browser. Maybe not as a known person but identifying them in such a way that tracking and collection of personal data are possible using the underlying technologies on the website. First-party cookies are also becoming more common, especially from your ad tech vendors, so you need to know if they – or their underlying technologies – are used to collect personal information.” How common online tracking technologies work – tiny invisible images placed in web pages or emails that load HTML code to collect information about visitors and track their activities. – images (GIFs) embedded in a web page (often by third parties) to track whether a user has accessed specific content and analyze how they navigate through content. Software Development Kits – code integrated in mobile apps to connect them to third-party technologies and services, such as in-app ad displays and tools for analytics or re-engagement. SDKs are often used to track users with a device identifier, such as whether they’re using Android or iOS. They can also be used to collect information such as geolocation or IP address. – small data files stored in a user’s web browser that allow advertisers to track their behavior and personalize their online experience, such as displaying better-targeted ads and content optimized for their location, language, and device. – collections of data not owned or controlled by a business, bought from third parties to help analyse potential customer audiences. Businesses are moving away from their reliance on third-party data as privacy regulations restrict sale or sharing of personal information; and updates to web browsers and mobile devices bring stronger privacy protections. Session replay technology – trackers added to a user’s browser to record how they navigate a website (mouse clicks and scrolling) and interact with content. Analyzing how users interact with navigation controls and content can reveal friction points which cause drop offs, and show which design elements or content types appeal most. Session replays are sometimes also used to profile users for marketing and sales purposes. “We’ve seen a variety of litigation regarding the use of session replay technology, which tries to equate them to various wiretapping laws,” explains Taylor Brum. “A lot of times they’re used to see how users use your website. But it’s important to understand what you’re capturing and making sure you’re not using them on pages where sensitive data is being inputted.” Market forces affecting tracking technology practices In our work, we’ve seen several major market forces impact privacy compliance programs. They’re mostly driven by changes to privacy regulations – and so far, the biggest impact is CCPA enforcement. California’s enforcement of sale/share The California Attorney General’s enforcement action against Sephora delivered for many a new understanding of ‘sale’ when online tracking technologies are involved: “…where the business discloses or makes available consumers’ personal information to third parties through the use of online tracking technologies such as pixels, web beacons, software development kits, third-party libraries, and cookies, in exchange for monetary or other valuable consideration including personal information… analytics or free or discounted services.” How to assess your ad tech vendor: Is your organization subject to CCPA? Does your organization use online tracking technologies? Is your organization disclosing or making available California consumers’ personal information to third parties? If there are benefits exchanged with the third party, are they monetary (direct financial payment or other financial benefits) or non-monetary (analytics or free/discounted services)? Are there any exceptions to the sale? Is your vendor classified as a service provider or third-party? If it’s a third-party, you must give consumers an opt-out. Updates to state privacy regulations for consumers’ rights to opt-out Several states’ privacy regulations now deliver stronger rights for consumers to opt-out from some forms of tracking. In California the CCPA delivers the right to opt-out of sharing for cross content behavioral advertising (effective January 1, 2023); while the following state regulations deliver the right to opt-out of processing for purposes of targeted advertising: Virginia Consumer Data Protection Act – effective January 1, 2023 Colorado Privacy Act – effective July 1, 2023 Connecticut Data Protection Act – effective July 1, 2023 Utah Consumer Privacy Act – effective December 31, 2023 “It’s important to note while all five of these laws give consumers the right to exercise controls around targeted advertising, they do preserve the ability for businesses to engage in contextual advertising,” explains Taylor Blum. “For an ad to be contextual it needs to be relevant (in context) to the content of a website the user is viewing; for example, an ad for running shoes placed on a running forum.” Health privacy under HIPAA The FTC has been very active in expanding the definition of consumer data through its enforcement of Health Insurance Portability and Accountability Act ( The updated definition of sensitive health data is no longer limited to personal health information under HIPAA, and now includes data that conveys information or enables inferences about a consumer’s health. The FTC is taking a similar approach with tracking technologies used to collect or disclose sensitive personal information, which may be deemed an unauthorized disclosure under Health Breach Notification Law or breach the promises in a privacy policy if the consumer has not given consent for the collection/disclosure. exercise extreme caution when using online tracking technologies and ensure you’re not creating inferences about a consumer’s health from any data collected. Health privacy under Washington My Health My Data Act Washington My Health My Data Act goes into effect on March 31, 2024, for large businesses and June 30, 2024, for small and medium businesses. It covers any business that collects, uses, discloses, or sells health data of Washington consumers and provides a private right of action for consumers reporting breaches of privacy. Consumer health data is very broadly defined under the Act and includes any data that could be used to reveal or infer a health condition or diagnosis. analyze whether your business is processing health data of Washington consumers (under the very broad definition of ‘health data’); and if so, ensure compliance with data processing restrictions under the Act across your business and in contracts with third parties. Litigation trends related to online tracking technologies We’re seeing increasing volumes of lawsuits focusing on notice, consent, and disclosure practices associated with online tracking technologies. And some of these actions involve plaintiffs’ attorneys using non-traditional privacy laws to allege violations as these laws may make stronger remedies available, such as punitive, statutory, and treble damages. Legal theories we’ve seen used to litigate against tracking technologies – and especially session replay technologies – include: Video Privacy Protection Act California Invasion of Privacy Act California Penal Code 631 and 632. while some claims may be baseless, it’s important to understand the increasing risks of using online tracking technologies. You need to know what you’re using, how, and why (and whether it’s truly business critical). A legal counsel can help you review your use of online tracking technologies and assess business risks of continuing or discontinuing their use. Tracking technologies under review for EU/UK GDPR compliance definitions of personal information do not specifically call out tracking technologies, however their scope is broad enough to interpret trackers such as cookies as personal information. On December 7, 2023, the European Data Protection Board (EDPB) published an “imposing a ban on Meta Ireland for the processing of personal data for behavioural advertising purposes on the basis of contract and legitimate interest”. The EDPB is also championing the European Commission’s ‘ ’, an initiative designed to help protect fundamental rights and freedoms of users in the EU by giving them ‘concrete’ information on how their data is processed and the consequences of accepting different types of cookies. The European Union’s data protection authorities are focussing on consent, cookie walls, and cookie banner compliance and we anticipate enforcement will ramp up in 2024/25. ensure compliance on EU data protection authorities’ rules around cookie banners and other tracking technologies. And prepare for expanding scope of rules in 2024/25 regarding personal information and tracking technologies. Best practices and legal compliance software for managing ad tech/tracker risk 1. Understand how vendors’ technologies identify users 2. Know which third-party technologies are sitting on your website – and how trackers work on a consumer’s browser 3. Implement a Tag Management System (TMS) to control how third-party code is executed on your website, including enforcement of opt-in or opt-out: the TMS will allow blocking of cookies/trackers and other mechanisms of data collection when users have opted-out of ad tech and/or analytics and tracking Consent Management Platform (CMP) that gives users a notice and choice mechanism, which in tandem with your TMS will automate how users’ choices are respected 5. Scan your website (discovery processes) to reveal categories of trackers (i.e., functional, analytics, performance, or ad tech) 6. Consult your Privacy Office / legal counsel to determine Tag Management System controls for tracker codes based on users’ consent choices in the CMP and their location (e.g., automatically opting-out users located in the EU) 7. Conduct scans of your website to validate compliance with all applicable privacy regulations: Are trackers still dropping in GDPR regions before users opt in? Are trackers dropping if users have opted out? Are advertising trackers still dropping if users under CCPA have opted out of advertising? 8. Ensure your system is configured to prevent vendors’ trackers/ad tech from functioning and collecting personal information where users have opted out (or been automatically opted out based on location) 9. Keep your notices updated to reflect the latest technologies on your website – and users’ choices about those technologies – ensuring disclosers are accurate, transparent, and clear to consumers Alternatives to tag management: Use a tag-blocking solution in a CMP, which will attempt to auto-block requests to third-party code Use an API in a CMP to block your own code and only allow it to be executed if users opt-in via the CMP’s notice and consent choices Checklist for Onboarding an Ad Tech Vendor Ad tech vendor onboarding checklist After several delays, Google may deprecate third cookies in Chrome and move towards a ‘privacy sandbox’ – when this happens, Consent Management Platforms European Data Protection Board (EDPB) will likely expand the scope of personal information and tracking technologies More Data Protection Authorities in the EU will harmonize cookie enforcement U.S. Federal Trade Commission (FTC) will continue enforcement against businesses for violations involving tracking technologies California Privacy Protection Agency (CPPA) will focus more on what’s going on ‘behind the scenes’ – CPPA is hiring technologists to develop solutions for scanning and defining session debt, tracking, mobile apps and SDK opt-outs, ensuring they function and that data flows are shut off Washington My Health My Data Act goes into effect – March 31, 2024, for large businesses and June 30, 2024, for small and medium businesses – providing private right of action for violations Litigation will continue to focus on Meta pixel use, session replay technologies and activities triggering UCL (unfair competition law) claims. Understand how your online tracking vendors’ technologies are working on your website; review contracts for compliance; understand the litigation risks and ensure due diligence to manage risks. TrustArc solutions for tracking technologies and cookies TrustArc helps businesses address global consent requirements for compliance with regulations on cookies, web tracking technologies, and ad tech. Identify and monitor cookies, trackers, and website behavior to deliver a secure digital user experience. Effortlessly manage geo-dynamic cookie disclosures, end-to-end tracker monitoring, and compliance reporting. Website Monitoring Manager Automate regular vendor tracker scans to ensure your site complies with Consent and Preference Manager Centralize and sync all customer consents across your systems and ensure precise control over first-party data collection and tracker management. Validate your addressable media identifiers and demonstrate compliance with industry standards, safeguarding consumer privacy and bolstering trust with partners and customers. ==================================================================================================== URL: https://trustarc.com/resource/2024-privacy-trends/ TITLE: 2024 Vision: Unmasking the Eight Privacy Trends That Will Shape Tomorrow | TrustArc TYPE: resource --- As tomorrow approaches quickly, the data privacy landscape continues to transform. 2024 brings new data privacy trends poised to redefine how individuals, regulators, and businesses approach protecting sensitive information. In 2023, significant strides were made in the field of data privacy, paving the way for more responsible data handling practices. Let’s take a moment to recap some of the key headlines that shaped the year: Increased global data privacy regulations: Governments worldwide took decisive steps to strengthen regulations for data privacy, with an increased focus on protecting the rights and interests of consumers. Rise of privacy-by-design solutions: Tech firms responded to the call for better data protection, innovating software and services with privacy-by-design principles, and making data protection a foundational aspect of their products rather than an afterthought. several high-profile data breaches occurred , underscoring the ongoing challenges in data security and the imperative need for robust protective measures. Expansion of the right to be forgotten: The right to be forgotten expanded in scope, as more jurisdictions recognized the necessity to allow individuals to request the deletion of their data. AI and machine learning in privacy protection: Artificial Intelligence and Machine Learning made significant contributions to automate and enhance data privacy measures, marking a new era in privacy protection. Remember, understanding the past is key to anticipating the future. Can we apply the lessons of 2023 to foresee and shape the future of data privacy? Here are the eight unfolding privacy trends that may shape the next wave of advancements as you move through 2024. Eight predicted privacy trends for 2024 1. AI: An enduring hot topic Artificial Intelligence will continue to be a focal point in 2024. It’s expected to be a year replete with advancements in governance, innovation, and potentially new laws. The revolutionary EU AI Act, effective in 2026, is poised to make waves across the world. As more privacy laws go into effect, businesses leveraging AI are grappling with new challenges and opportunities. Although AI provides unprecedented capabilities for data analysis and automation, it must be meticulously managed within the confines of increasingly stringent privacy regulations. For instance, the General Data Protection Regulation (GDPR) mandates that any data used must be collected lawfully and transparently, directly affecting AI’s data inputs. Similarly, under principles such as ‘Data Minimization’ and ‘Purpose Limitation’, AI systems are required to use the least amount of personal data for the shortest time necessary, and strictly within the purpose informed to the data subject. Moreover, the ‘Right to Explanation’ clause under GDPR allows individuals to seek clarity on decisions made by AI. This directly challenges the ‘black box’ nature of some AI systems. Therefore, businesses must ensure their AI systems are designed with transparency and explainability in mind. On the brighter side, such stringent regulations also spur innovation. Businesses are now exploring ‘privacy-preserving AI’ techniques like Federated Learning and Differential Privacy that allow extracting useful insights from data while respecting privacy norms. TrustArc’s products can help you track and assess the risk of AI systems and compliance with AI standards and coming AI laws. The intersection of AI and privacy laws will continue to redefine business strategies, demanding a careful balance between technological innovation and compliance in 2024. 2. The cookie conundrum: Navigating Google’s 2024 sunset Google’s plan to sunset third-party cookies in 2024 aligns with Safari and Mozilla. A shift that will catalyze innovation and change around third-party tracking. TrustArc’s supports these transitions and covers a wide range of tracking technologies. The pending sunset of third-party cookies will necessitate a shift in the way user data is collected, shared, and utilized for advertising and analytics. For privacy professionals, this represents both an opportunity and a challenge. On one hand, the end of third-party cookies can help enhance the privacy of online users, aligning with the broader objective of protecting individual data rights. On the other hand, it challenges the status quo of online advertising and audience analytics, demanding innovative solutions for user targeting and measurement without infringing on privacy norms. Get familiar with newer, privacy-friendly alternatives to third-party cookies, such as first-party data, contextual advertising, and privacy-preserving technologies like Federated Learning of Cohorts (FLoC). Understanding the legal and ethical implications of these technologies will be paramount. Moreover, ensuring organizations are compliant with the data privacy changes will be a priority. This may require updating privacy policies, data handling procedures, and consent management systems to reflect the post-cookie era. Lastly, as you begin to implement these alternative solutions communicate these changes to ensure transparency and build trust in the organization’s data practices. By 2024’s end you’ll be at the vanguard of a new, cookie-less digital age. Will privacy and marketing professionals rise to the occasion and turn these challenges into opportunities? Only time will tell. 3. CPRA chronicles: A march toward California’s privacy enforcement California Privacy Rights Act (CPRA) enforcement beginning in March 2024. California regulators have been actively updating guidance for the California Consumer Privacy Act (CCPA) with additional AI guidance. The CPRA introduces a range of updates to the existing CCPA. Some of these updates include: Establishment of a Dedicated Privacy Agency: The CPRA created the California Privacy Protection Agency, a first-of-its-kind agency with substantial regulatory authority, dedicated to privacy enforcement. Expansion of Consumer Rights: CPRA enhances consumer rights with the introduction of the ‘Right to Correction’, enabling consumers to correct inaccurate personal information, and the ‘Right to Opt-Out of Ad Targeting’, which includes sharing, not just selling, of personal information. Introduction of Sensitive Personal Information Category: The Act introduces a new category of “sensitive personal information”, which includes data such as precise geolocation, race, religion, sexual orientation, and more. Consumers will have the right to limit the use and disclosure of such data. New Obligations for Businesses: CPRA imposes additional responsibilities on businesses, such as data minimization and purpose limitation, and mandates regular risk assessments for data processing activities that present significant risks. The Act establishes stricter penalties, especially for violations involving children’s information. As the enforcement date gets closer, businesses need to revisit and update their data privacy practices to ensure compliance with these new regulations. Are you prepared for the changes that the CPRA will usher in? 4. European Data Protection Board: Decrypting the impact on 2024’s privacy landscape As we venture further into 2024, the role of the European Data Protection Board (EDPB) is likely to be pivotal for businesses and privacy professionals. The EDPB’s initiatives are expected to bring about significant changes for those subject to EU-based regulations. The potential impact of EDPB’s directives could be multi-faceted: EDPB’s published ePrivacy guidelines are set to impact businesses’ communication strategies, particularly around electronic communications and marketing. These guidelines might lead to new requirements for obtaining user consent, potentially challenging the existing norms of e-marketing. Data Protection Measures: The EDPB is likely to issue more stringent data protection measures to safeguard user data. As a result, privacy professionals may need to re-evaluate and reinforce their current data protection mechanisms to avoid hefty penalties. Cross-Border Data Transfers: The EDPB’s stance on international data transfers can affect businesses with operations across multiple countries. Stringent rules might necessitate new strategies for transferring and storing data, ensuring compliance while fostering trust among users. Throughout the year, pay attention to these potential challenges and compliance opportunities as the EDPR continues to refine and implement new initiatives. 5. Global privacy laws amplified: Navigating the regulatory symphony , modern privacy laws will cover about 75% of the world’s population by 2024. This means users will have more rights than ever, and unified frameworks like Nymity’s Privacy Management and Accountability Framework™ (PMAF), OECD, or similar will provide a head start. Adopting a robust privacy framework, such as or the OECD guidelines, offers distinct advantages to businesses and consumers versus a law-by-law compliance approach. For businesses, a comprehensive framework is adaptable to privacy regulations. It reduces the need for a piecemeal approach to privacy law compliance and streamlines compliance efforts. Thereby fostering a proactive privacy culture within the organization, to efficiently anticipate and adapt to regulatory changes. For consumers, a privacy framework assures a consistent and robust approach to the protection of their personal data. It promotes transparency, trust, and inspires confidence that their data is handled according to a clear, overarching set of principles. Regardless of the specific privacy laws in their region. Consistency in data protection empowers consumers with greater control over their personal data, further enhancing their rights in this digital age. In the face of expanding global privacy laws in 2024, a unified privacy framework is a prudent choice for data protection and compliance. The benefits it offers for both businesses and consumers certainly make a compelling case. 6. Security in the spotlight: Illuminating the focus on data protection In light of the rising number of data security incidents and breaches, security will continue to be a critical focus in 2024. Expect increased regulatory scrutiny and stricter penalties for non-compliance. Businesses will need to prioritize their security programs now more than ever. The emphasis on security is likely to bring privacy and security teams closer together, fostering collaboration between these traditionally separate departments. This collaboration can help organizations develop more comprehensive and effective data protection strategies , ensuring compliance with the ever-evolving privacy landscape. Moreover, businesses will face pressure to implement robust security measures to safeguard sensitive information and user privacy. This includes regular risk assessments, employee training on data security best practices, and implementing advanced security technologies. In 2024 businesses have the opportunity to prioritize security measures and foster collaboration. With the right strategies and tools in place, businesses can navigate these changes and build trust with their users. Alas, a more secure and privacy-centric future. 7. Automation and discovery: The forces shaping the privacy arena In addition to the increased focus on security, there’s a growing data privacy trend towards automation and discovery. Privacy teams are turning to technology vendors for solutions that can automate manual processes, especially with data inventory and mapping that allow for more efficient and thorough identification of personal data within an organization’s systems. By implementing automation and discovery tools, privacy teams can focus on high-value tasks. This benefits businesses through improved efficiency and cost reduction. It also strengthens compliance efforts amidst increasing regulations. It’s clear that automation and discovery will play a crucial role in privacy compliance and meeting the requirements of global privacy laws in 2024. TrustArc’s innovative automated privacy governance and data operations solutions can automate and scale your privacy program, data inventories, and reporting. 8. India’s Data Protection Bill: Harmonizing privacy compliance in 2024 India’s Data Protection Bill, published in 2023, is expected to be fully implemented sometime in the summer of 2024. This represents a significant step forward for India’s data privacy protection. Once implemented, this Bill will regulate the collection, storage, and processing of personal data in India by government and private entities. It enforces stricter penalties for non-compliance with privacy laws and introduces new requirements for obtaining user consent. Additionally, it establishes a Data Protection Authority to oversee compliance and handle data breach incidents. This bill will significantly impact operations and compliance efforts for businesses in India or handling Indian citizens’ personal data. It’s essential for organizations to prepare for these changes in order to avoid penalties and maintain trust with their customers. With the implementation of the Data Protection Bill, India joins the growing list of countries prioritizing data privacy and security through comprehensive privacy legislation. This trend emphasizes the vital role of safeguarding data for both compliance and customer relations. Businesses must prioritize data protection to fulfill legal obligations and maintain customer trust and satisfaction amid privacy concerns. Pioneering privacy: Will you lead or follow in 2024’s data privacy landscape? As we move through 2024, it’s evident that the data privacy landscape will continue to evolve. Thus, it’s crucial to stay informed and proactive in your compliance efforts. These forecasted trends highlight the increasing significance of privacy and security in our rapidly evolving digital landscape. Are you ready to embrace these technological advancements and stay ahead of the curve in data privacy? ==================================================================================================== URL: https://trustarc.com/resource/managing-privacy-compliance-in-the-cloud/ TITLE: Managing Privacy Compliance in the Cloud | TrustArc TYPE: resource --- Cloud-based services must comply with data privacy regulations The number and complexity of regulations addressing data privacy continue to increase significantly. Companies offering cloud-based services must comply with these regulations or risk losing business due to customer trust issues and/or potential fines and other legal action. Compliance with regulations like the The digitization of data has inevitably led to a myriad of data privacy laws that span the globe. These regulations must be considered when doing business in the respective countries/regions to which the rules apply. This is just a sampling of data privacy regulations that have been introduced in recent years: The General Data Protection Regulation (GDPR), which took effect in 2018 across the European Economic Area (EEA) All 50 U.S. states now have data breach notification laws The California Consumer Privacy Act (CCPA) has been passed, and at least five (5) other U.S. state laws related to data security and data disposal, including in Washington State, New York and Rhode Island, are progressing through the legislative process The Brazil General Data Protection Law (LGPD) Canadian data breach notification, risk assessment, and reporting requirements updates The Turkey Data Protection Law The unique position of cloud-based services in data privacy management Cloud-based services are in a unique position in that they may play a dual role in data privacy management. These services may determine how personal data is processed, and they also may perform the actual processing of that data. Cloud-based services may be both: – Determining the purposes and means of processing personal data and – Processing personal data on behalf of a data controller. This potential dual responsibility requires providers of cloud-based solutions to pay special attention to data privacy. Both in terms of establishing trust among themselves, their customers, and end users through regulatory compliance with current and future data privacy laws. Want a deeper dive into managing complex privacy obligations in the cloud? Managing Privacy Compliance in the Cloud , for expert strategies on navigating regulatory requirements, building trust, and maintaining compliance across global jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/webinar-nymity-framework-privacy-data-protection-update-in-7-states/ TITLE: Nymity Framework: Privacy & Data Protection Update in 7 States | TrustArc TYPE: resource --- Nymity Framework: Privacy & Data Protection Update in 7 States As privacy and data protection regulations evolve rapidly, organizations operating in multiple jurisdictions face mounting challenges to ensure compliance and safeguard customer data. With state-specific privacy laws coming up in Iowa, Indiana, Montana, Tennessee, Texas, Florida, and Oregon, it is essential to understand what their unique data protection regulations will require clearly. Discover how to stay compliant and safeguard customer data as our panelists decode state-specific privacy laws, share best practices, and discuss data security risk management. Prepare your organization for the future with insights into emerging trends. Our panelists will guide you through the intricacies of these states’ specific data privacy laws, clarifying complex legal frameworks and compliance requirements. This webinar will review: The essential aspects of each state’s privacy landscape and the latest updates. Common compliance challenges faced by organizations operating in multiple states and best practices to achieve regulatory adherence. Robust data security and privacy risk management strategies to protect your organization and customers from potential threats. Valuable insights into potential changes to existing regulations and prepare your organization for the evolving landscape. Associate General Counsel, Research, TrustArc Privacy Knowledge Lead, Law Library, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/nymity-pmaf-accountability-approach/ TITLE: Elevating Data Privacy: TrustArc’s Accountability Approach with Nymity PMAF | TrustArc TYPE: resource --- TrustArc’s Nymity Privacy Management Accountability Framework™ gets an update In a digital era where data privacy underpins brand trust, organizations aim to not only comply with privacy laws but to fully embody them. TrustArc’s Nymity Privacy Management Accountability Framework ™ (PMAF), pioneered in 2012 and continuously evolving, now includes advanced provisions for AI data privacy governance. As the first of its kind, the Nymity PMAF has been setting the standard in privacy management, constantly adapting and evolving to meet dynamic changes in the global privacy environment. Reflecting its commitment to staying at the forefront of privacy management solutions, this addition of AI governance ensures the Nymity PMAF remains the most comprehensive framework compared to other popular frameworks such as NIST, ISO 27001/2, etc. 2023 TrustArc Benchmarks Report , a comparison of 13 different frameworks, certifications, and compliance standards revealed it achieved the highest Privacy Index competence scores. This insight in the report highlights Nymity PMAF’s effectiveness, having been battle-tested across industries around the globe and found to demonstrate superior success scores over more widely known frameworks. Reflecting its longstanding value and recent advancements, the Nymity PMAF has been a staple on TrustArc’s website. It is freely available and popularly used by many organizations from start-ups to multinationals across the globe. Transform privacy management with the Nymity PMAF The Nymity PMAF is more than a tool. It is a comprehensive taxonomy for privacy programs, transforming the landscape of privacy management. It enables organizations to assess maturity, understand risk, identify Privacy Management Categories (PMCs) for each maturity level, and then operationalize a privacy program. Nymity PMAF’s comprehensive nature seamlessly incorporates elements from other privacy frameworks into its structure, making it an ideal choice for creating a flexible, framework-neutral privacy program. With its roots firmly planted in the principle of accountability, it encourages organizations to foster an ongoing conversation about privacy. Grounded in global principles and guidelines, it provides a practical guide for implementing privacy programs by establishing scalable procedures and workflows that adapt to the broad array of international regulations. AI data privacy governance A significant enhancement to the Nymity PMAF is its expanded focus on AI data privacy governance. This update introduces two new Privacy Management Activities (PMAs) designed to ensure AI systems are developed and utilized with privacy at their core. These additions emphasize the development of AI in a manner that is transparent, accountable, and devoid of discrimination. By integrating privacy considerations directly into the AI Software Development Life Cycle and establishing comprehensive policies for algorithmic accountability, the PMAF empowers organizations to conduct detailed algorithmic and AI impact assessments. This forward-looking approach ensures that AI technologies align with stringent privacy standards, fostering trust and compliance in an increasingly AI-driven world. At its core, the Nymity PMAF harmonizes with key privacy regulations such as the GDPR and CCPA , addressing the operational concerns of large clients who can be tempted to use other disparate operational tools. Some organizations use the Nymity Framework to show due diligence to regulators to demonstrate accountability. For example in the event of a data breach, it can be used to demonstrate that the event was an exception that occurred despite a robust program in place to prevent it, as opposed to a systemic issue. Unique to the Nymity PMAF is its highly regarded taxonomy, a cornerstone for privacy programs. Within TrustArc’s PrivacyCentral, an organization can measure maturity and use the Nymity PMAF as a baseline and for benchmarking. The 13 privacy management categories of the Nymity PMAF The Nymity PMAF’s 13 Privacy Management Categories (PMCs) span 130+ privacy activities and tasks – all of which are comprehensive and industry-neutral and work with any new or mature privacy program. The utility of this approach is evident in the meticulously outlined PMCs which break down privacy management’s complexity into actionable segments. The 13 Accountability Mechanisms are as follows: Maintain Governance Structure Maintain Personal Data Inventory and Data Transfer Mechanisms Maintain Internal Data Privacy Policy Embed Data Privacy Into Operations Maintain Training and Awareness Program Manage Information Security Risk Respond to Requests and Complaints from Individuals Monitor for New Operational Practices Manage Data Privacy Breach Management Program Monitor Data Handling Practices These categories enable companies to: a) incorporate a privacy-by-design approach into their product development and data lifecycles and, b) to take a risk-based approach in assessing their processing activities. These PMCs break down the complexity of privacy management into digestible, actionable segments. Such granularity reflects TrustArc’s deep understanding that effective privacy management is a tapestry of actions , each pivotal in crafting a robust and right-sized privacy program. Regulations and the Nymity PMAF The Framework is strategically designed to assist companies in identifying areas of “high risk,” which is particularly important in light of regulations like the GDPR. The GDPR is recognized as a risk-based regulation, emphasizing the need for organizations to focus on high risk data processing activities. Risk-based approaches carry over into new AI regulations that impact privacy. One key aspect of determining high risk in the context of the GDPR, similar regulations, and new AI regulations, is the purpose for which personal data is processed. The Framework provides comprehensive guidance to help companies categorize and understand these high-risk processing activities, enabling them to take appropriate measures to manage and mitigate these risks effectively. Looking to future-proof your privacy program with a framework-first strategy? The Next Wave of Privacy: The Framework Approach , to explore why aligning your operations to a comprehensive framework like the Nymity PMAF is essential for scalable, sustainable privacy management. The global applicability of the framework TrustArc’s PrivacyCentral software stands as a vital component in the practical application of the PMAF. This innovative product enables clients to effectively map and measure their privacy practices against the Framework’s standards. Through its Attestation feature, organizations can conduct self-audits, assessing their readiness for privacy standards and the maturity of their privacy programs, while focusing limited resources on areas of need. Complementing this is TrustArc’s Nymity Research which provides access to Operational Templates to help understand and employ the Nymity PMAF. The global applicability of the PMAF is one of its most defining features. The framework has been meticulously mapped to over 800 privacy laws, international privacy frameworks, guidelines, and regulations across the world . This extensive alignment with diverse legal requirements ensures that PMAF is a foundational tool for achieving compliance with multiple obligations simultaneously. Such comprehensive coverage ensures that organizations can confidently use the framework to navigate the complexities of international privacy laws, making their privacy management practices not just locally compliant but globally proficient. Elevate your data privacy practices with the Nymity PMAF TrustArc’s end-to-end privacy management platform stands out as a robust ecosystem that automates privacy management with operational effectiveness. The TrustArc approach ensures that privacy management is not an isolated function but a seamless part of the business workflow, offering reporting and benchmarking for strategic alignment. is much more than a framework; it is a comprehensive guide for privacy programs regardless of current maturity. It acts as a catalyst for change, steering organizations towards a future where data privacy is ingrained as a core business value. This framework not only bridges the gap between privacy policies and principles but also ensures their effective implementation. Given its proven track record, comprehensive approach, and up-to-date AI features, the Nymity PMAF warrants consideration as a primary privacy management tool versus other options such as NIST or ISO frameworks. As we navigate a digital era where data privacy is integral to brand trust, TrustArc’s Nymity PMAF emerges as an essential blueprint. It empowers businesses to elevate their data privacy practices, ensuring that privacy is not merely a compliance requirement but a fundamental aspect of organizational integrity and customer trust. Manage your privacy program compliance and auditing with automation. ==================================================================================================== URL: https://trustarc.com/resource/privacy-program-metrics-how-to-evaluate-your-privacy-programs-effectiveness/ TITLE: Privacy Program Metrics: How to Evaluate Your Privacy Program’s Effectiveness | TrustArc TYPE: resource --- Why privacy program metrics? Measuring the effectiveness of your privacy program isn’t just a nice thing to do. It’s necessary if you want adequate resources and talent to ensure your program’s success. In some cases, it’s even required. But more importantly, the lack of an effective privacy program can kill business deals with partners, vendors, and suppliers. Only 14% of organizations in our 2022 Global Privacy Benchmarks Survey said they do not measure the effectiveness of their privacy programs. Among companies ranging from $50 million annual revenue to those over $5 billion, 83% measure privacy. By contrast, only 39% of smaller companies under $50 million in annual revenue measure privacy effectiveness. As a result, Privacy Index scores were much lower for those who didn’t measure. Beyond record keeping and due diligence, measurement enhances accountability and provides decision makers with information to drive change. Some organizations even view privacy as an essential contributor to innovation and business value. Cisco 2023 Data Privacy Benchmark Study found 36% of organizations are getting returns at least twice their spending, with many even realizing returns over three to five times their investments. The study also found the estimated dollar value of a privacy program’s benefits is $2.7 to $3.4 million overall – even up to $4 million for the largest organizations. Keep in mind support for your privacy program depends on your ability to communicate its business value to executives, board members, and other critical stakeholders. , use what you have to establish a baseline to strive for and improve from there. Seven keys and five privacy program outcomes that matter To measure privacy program effectiveness, reflect on why you established the program. What does the organization hope to accomplish? This was likely already translated into a strategy and goals for the privacy program. Thus, your privacy program metrics should align with the existing goals. TrustArc annually measures how organizations are approaching and measuring privacy. Our statistical modeling results in 12 items that are key to measuring privacy at all levels within enterprises. Having the Board of Directors regularly review and discuss privacy matters. Pursuing privacy as a core part of business strategy. Making sure privacy permeates daily business decisions with great importance. Embracing privacy practices as a key differentiator. Being mindful of privacy as a business. Ensuring every employee can formally raise a privacy issue with confidence that there will be no reprisal. Sufficiently training employees in privacy matters. Five privacy outcomes that matter: Confidence your company can keep all employees’ and customers’ relevant data secure and protected. Confidence your customers/clients have in your management of data privacy. Confidence your employees have in your management of data privacy. Confidence your partners/third parties have in your management of data privacy. Confidence the general public has in your management of data privacy. Examples of outcomes achieved by privacy programs were also mentioned in the Cisco study: Meeting corporate and legal policy compliance requirements Avoiding fines, penalties, breaches, loss of trust or reputation Protecting the brand value, vendor trust, and employee and customer data Necessary controls implemented throughout the business An improvement plan based on your privacy lifecycle to build a sustainable approach to privacy management How Businesses Measure and Evaluate Privacy Programs There are a variety of methods and privacy program metrics used to evaluate effectiveness demonstrated by the 2022 Global Benchmark Data. The most popular method is privacy audit assessments most popular KPI is the completion rates of privacy impact assessments (PIAs) another organization measured their cost of compliance with privacy laws and audits to determine the ROI of investing in their privacy program . They discovered their investment in a privacy program paid for itself in less than six months. And there was a 5-week reduction in the time it took to comply with privacy laws. Besides saving time, they also saved money. With a 126% return on investment that this organization reduced costs by $3.74 million through its privacy program. Want to build a stronger, metrics-driven privacy culture? Download our Seven Global Keys to Privacy whitepaper to explore the foundational elements that drive high-performing privacy programs—and learn how to align them with measurable outcomes that matter. What privacy program metrics can you use? Because almost every business function has a role to play in terms of data protection and privacy, measures will be quantitative and qualitative. The exact metrics needed will depend on the business. However, there are several categories you can use to develop your program metrics. International Association of Privacy Professionals recommends the following categories. Within each category, there are many measures your organization may want to adopt. But try to focus on the measures you need to inform goal progress and effectiveness of your program. Too many metrics will leave people confused. Find the right balance based on the metrics you need for compliance and to show the program’s value. Metrics in the individual rights category measure how well your organization protects personal data and how much trust people have in your privacy program. Individual rights are granted to people through data protection laws such as the GDPR and CCPA as amended by the CPRA. These include the right to access, delete, or change their information or consent permissions. Not recording these privacy program metrics could result in non-compliance with regulations. This list is not exhaustive, but here are the metrics that fall into the individual rights category: The number of data subject access requests (DSAR) received, closed, and in progress The average duration of open DSAR The average response time for DSAR The number of individuals satisfied with the result of DSAR Consumer consent denial and approval rates for cookies, processing activities, data sharing and selling, and email marketing The number of privacy breaches The number of customers impacted by privacy breach Mean times to discover privacy incidents or breaches and the mean times to resolve incidents or breaches General privacy complaints and queries A privacy program is only as good as the privacy awareness of your employees. Many functions across the organization frequently handle data, and each needs to understand privacy issues and why data protection is paramount. This category measures your culture of privacy and assists in identifying gaps in employee privacy knowledge and can inform future training activities. Training and awareness privacy program metrics to consider: The number of privacy training sessions offered and attendees Staff engagement rate with privacy program The percent of employees trained in privacy Commercial metrics measure how your privacy program impacts business revenue and supports priorities. Closing deals today often requires transparency around your data processing and protection policies and procedures. Up and down the value chain, other businesses need assurances your company won’t be a weak link in their security and privacy programs. Again, this list is not exhaustive, but it should give you a good idea of commercial privacy program metrics to track: data processing agreements negotiated and closed with customers data processing agreements negotiated and closed with vendors vendor privacy reviews or risk assessments completed, in process, and planned, and the results vendor privacy compliance issues, severity, status, and time to resolve privacy due diligence requests for mergers and acquisitions (M&A), time to complete due diligence, and remediation actions identified. The percent of agreements that include privacy language in the contract Privacy compliance attestation requests completed and timeframe to completion These metrics help to measure your program’s ability to comply with global data protection laws. In many cases, items in this list are required by regulations such as the EU GDPR. Additionally, in the case of a privacy incident, this record can demonstrate your due diligence and efforts to comply. several subcategories of metrics , including your Privacy Impact Assessments (PIAs), Data Protection Impact Assessments (DPIAs), Transfer Impact Assessments (TIAs), Data Mapping and Records of Processing Activities (ROPAs), and notices to consumers and employees. All privacy policies and procedures and when they were last updated All privacy notices to consumers and employees and when they were last updated All projects and products privacy has provided input towards The number of regulator inquiries, the type, and status Total number of data inventories Metrics for your assessments and processing activities include: PIAs, DPIAs, and TIAs completed and time to complete identified high risk data processing activities requiring a DPIA applications that require data mapping, the number mapped, the percent of required applications not mapped, and the total of completed ROPAs. privacy compliant apps processing personal information The status and number of compliance monitoring audit activities Privacy stewards enable privacy across the organization. They are responsible for bringing policies to life. In addition to building a culture of privacy and understanding the importance of protecting personal information, these metrics help to ensure compliance with regulations. Across each product team, track, the number of personal information management systems and their privacy status rules of procedure supported department personal data use requests cross-functional privacy projects department-specific privacy training sessions data privacy awareness and communications created Depending on your geographic location, this category could be highly relevant. As bills are discussed and passed, regulators often open requests for comments and feedback. Not every company will engage in legislative work with regulators. But if you do, you should record the bills you monitor, new laws and their status, and investor rating agency scores. Privacy program metrics improve efficiency Privacy programs are increasingly seen as an asset to organizations rather than a mere compliance activity. Measuring the effectiveness of your program helps you avoid damage to the organization’s reputation and reduce legal liabilities. Furthermore, by using privacy program metrics, you have a clear path to improve your current policies and procedures. The competition between brands today for consumer and employee loyalty is fierce. Your privacy program can give your organization an edge over its competition by demonstrating it takes privacy seriously. And you’ll have the numbers to back it up. ==================================================================================================== URL: https://trustarc.com/resource/companies-embrace-data-privacy/ TITLE: Why Companies Should Embrace Data Privacy | TrustArc TYPE: resource --- How well does your company embrace data privacy? We know that data privacy is complex. Even the most seasoned privacy experts agree it’s challenging to stay on top of ever-changing privacy laws, such as updates to the European Union’s (EU) general data protection regulation (GDPR) or the California Consumer Privacy Act (CCPA). So it’s not surprising that compliance with recent regulations was reported as the number one privacy risk by participants in TrustArc’s 2022 Global Privacy Benchmark Survey Compliance tops data privacy risks In fact, four of the top nine data privacy risks nominated by respondents to our 2022 Benchmark Survey are related to compliance in some way: Complying with recent regulations that have been put into force or will be in 2022 (37%) Implementing new cross-border data transfer mechanisms across geographies (22%) Maintaining a patchwork of separate local privacy compliance requirements (11%) Compliance risks from regulatory oversight and penalties (10%) Reputational risks from social media (6%) Third-party risk and resilience in your supply chain management (5%) Technology shifts (e.g., third party cookies, Google changes to cookie collection) (4%) Threats from within by employees (4%) Maintaining a patchwork of privacy solutions that are difficult to integrate with one another (3%). (Note: The results show the percentage of respondents who ranked a risk as their number one risk in the privacy challenges they face.) But managing privacy is more than just compliance with data laws Organizations that embrace privacy know it’s no easy feat. It demands a constant and vigilant data security stance across almost every part of the business. Arguably, the term “privacy compliance” falls short. While governments continue to update existing data privacy laws and draw up new regulations, keeping abreast of data privacy laws is a key priority. However, the challenges and opportunities associated with managing sensitive data extend well beyond managing compliance. The pandemic accelerated digital transformation – and data privacy risks Certainly, the pandemic made managing data privacy even more difficult. Most organizations were forced to rely heavily on third-party technologies to keep their people connected and collaborating on day-to-day business activities. This immediately raised concerns about and other third-party risk as employees and business partners shifted to online-first ways of working, often involving personal data connections and devices outside an organization’s immediate control. Similarly, organizations that accelerated their digital transformation plans to serve customers online-first (especially while access to physical premises was restricted) had to update not only their protective measures when handling more data, but also their policies and day-to-day processes. Now, as more people have returned to work at their employers’ premises, companies must deal with extra data privacy challenges related to managing COVID-19 risks, such as recording and reporting employee body temperature data or testing results. Digital transformation means privacy management costs more As more organizations adopt new digital tools to improve their operations and competitiveness, we’ve seen privacy management move up the budget priority list. Historically, securing budget for more leaders, resources and activities related to privacy management was a mammoth task. Back in 2020 when TrustArc conducted the first annual Global Privacy Benchmark Survey we found that although the pandemic put a dent in privacy spending, more than two-fifths (41%) of respondents expected to maintain increased privacy budgets. Now we are seeing even more organizations invest in the people, technologies and third-party guidance they recognize they need to improve their privacy programs. Pleasingly, companies aren’t merely driven by a fear of privacy regulators, but because they see the advantage of treating privacy as a core value instead of an afterthought. TrustArc’s seven keys to strengthening your data privacy stance Each year our annual Global Privacy Benchmark Survey has been conducted, we have reported that measurement is a vital contributor to successfully improving privacy. Still, we’ve also found that although medium and large enterprises commonly have privacy offices and measurement methods in place, there are wide variation in where these privacy teams fit in their organizations. there isn’t a consensus – yet – on the best ways to manage and measure privacy. We recommend that privacy becomes a core part of business strategy, with a strong privacy stance directed from the top and managed well at every level of an organization. In our experience, companies that get it right build greater trust inside and outside their organizations and gain big competitive advantages. Making sure privacy is an important consideration in day-to-day business decisions Having the Board of Directors regularly review and discuss privacy matters Pursuing privacy as a core part of business strategy Embracing privacy practices as a key differentiator Being mindful of privacy as a business Ensuring every employee can formally raise a privacy issue with confidence that there will be no reprisal Sufficiently training employees in privacy matters. Ready to turn privacy into a competitive advantage? Seven Global Keys to Privacy whitepaper to explore the foundational elements behind high-performing privacy programs—and learn how leading organizations are building trust, driving innovation, and staying ahead of global regulations. Three important reasons to embrace data privacy In 2020 TrustArc invited our customers (via third-party customer validation tool TechValidate) to share their views on why having a strong privacy program was important to their company. The overarching sentiment from TrustArc customers is that having a strong privacy program means customers of their businesses can trust their data handling practices without fear of breaches or misuse. Such a sentiment shows many organizations are genuinely putting consumers first when investing in privacy programs to enhance their digital offerings. It’s not about checking a box for compliance: it’s about fostering deep trust between consumers and the company. These companies know consumers are now much more aware of data privacy risks and care about how their personal data is used. Therefore reputational damage from a breach of data privacy laws can be just as crippling as a regulatory fine. In the TechValidate survey, a data protection officer at a medium enterprise consumer products company that works with TrustArc stated that, “A strong privacy program goes beyond regulation and is built on a culture of data ethics. It is part of building and sustaining customer and employee trust.” 2. Privacy is now a major competitive differentiator As data privacy matters to more people, organizations must adopt a stronger privacy stance across every part of their businesses involving digital technology and data. We believe privacy can be a source of innovation, instead of an innovation killer. Your organization can make your privacy stance a major competitive differentiator by: Embracing a strong culture of proper data privacy ethics; and Ensuring privacy is deeply rooted in every product and service. A great example of a company making its privacy stance public to gain consumer trust appeared in 2019, when Apple promoted privacy as a key message in its marketing campaigns for the iPhone. Apple announced its intentions at CES (Consumer Electronics Show) in Las Vegas with a neat twist on the infamous Sin City catchphrase: “What happens on your iPhone, stays on your iPhone.” Apple amplified its privacy message in a well-produced video highlighting all the ways we expect privacy in our daily lives (tinted windows, locks, document shredders, etc.) and confidently declared: “If privacy matters in your life, it should matter to the phone your life is on. Privacy. That’s iPhone.” Apple’s promotion of its privacy stance was a clear acknowledgement that privacy factors strongly into a consumer’s purchasing decision and that Apple wanted to prove it was better than its competitors at giving consumers the privacy they want. People’s expectations for organizations to properly manage and protect their data privacy aren’t going to shrink just because more of their lives are powered by digital technologies. Privacy isn’t a fad that will go out of fashion. Consumers are increasingly aware of data privacy laws and demand organizations respect their privacy or pay the consequences. This means all organizations need to stay on top of changes in data privacy laws around the world and prove they are meeting people’s demands and rights to privacy if they want to maximize consumer trust and minimize risk. Explore the Nymity Privacy Management Accountability Framework (PMAF), a practical and operational structure for complying with the global privacy requirements. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/brazilian-lgpd-compliance/ TITLE: Get Compliant with LGPD Brazil’s Data Protection Law | TrustArc TYPE: resource --- Understanding the Brazilian General Data Protection Law After many postponements and many discussions about the further delay, the Brazilian Lei Geral de Protecção de Dados Pessoais (General Data Protection Law, LGPD) is on the verge of entering into force. officially went into effect on 18 September 2020, following the approval of the relevant legislation by President Bolsonaro. Enforcement of the law will start in August 2020. Immediately after the vote, the establishing the Brazilian data protection authority was already published. What does LGPD mean for businesses operating in Brazil? While waiting for the official sign of the law, this seems to be the right moment to take another look at what the LGPD requires from organizations doing business in Brazil. When looking at the new Brazilian privacy law, it is immediately clear that there is a fair amount of overlap between the LGPD and the GDPR No surprise, the LGPD is an omnibus data protection law as well. It explicitly recognizes that data protection is not only linked to respect for privacy and informed self-determination and human rights, but also to free enterprise and free competition. The LGPD stipulates in Article 6.X that accountability is one of the key principles to which data processing operations by controllers and processors shall be subject. According to the provision, this requires the controller or the processor to be able to demonstrate “the adoption of measures which are efficient and capable of proving the compliance with the rules of personal data protection, including the efficacy of such measures”. A similar requirement can be found in Chapter IV, Section II, for public authorities. Both requirements are rather similar to the accountability requirement that can be found in the EU GDPR, and also comes with an obligation in Article 37 to maintain a processing activities register. The rules related to mandatory impact assessments, as well as to any exceptions to the mandatory appointment of a data protection officer, will be defined by the DPA. Article 7 et seq. of the LGDP contain the legal bases for data processing in Brazil. These include compliance with a legal obligation, the processing in a public interest, or to protect health, but also consent and legitimate interest. For the latter two, the burden of proof is on the data controller – this means an organization will have to properly document what consent was received, or how the company’s interests are balanced against the rights of the individual. For sensitive data, which is defined as personal data concerning racial or ethnic origin, as well as for children’s and adolescent’s data, additional requirements apply. A large part of the LGPD is dedicated to the rights of individuals. According to Article 17, each “natural person is assured ownership of her/his personal data, with the fundamental rights of freedom, intimacy and privacy being guaranteed”. As such, everyone has the right to get confirmation that their data are being processed. In addition, the law foresees the rights of access, correction, deletion, and data portability, as well as the possibility to block the processing of contested data. Controllers and processors are furthermore obliged to provide transparent information on their data processing activities. The deadlines for dealing with individual requests are short. A simplified response (which is not defined in the law, but could include the statement that no data is held on the individual) needs to be provided immediately. For a more detailed response “that indicates the origin of the data, the nonexistence of record, the criteria used and the purpose of the processing, subject to commercial and industrial secrecy” the law foresees 15 days. Chapter V LGPD contains the rules related to international data transfers from Brazil to third countries. Transfers may take place to countries that have been declared as adequate by the Brazilian DPA, on the basis of sufficient guarantees the data will be protected (which includes the or ad hoc agreements and “global corporate rules”). Also transfers for a range of public interests, on the basis of consent or following approval by the DPA are allowed. Controllers and processors that do not meet the requirements of the LGPD may be confronted with serious fines. Apart from possible warnings, the blocking of processing activities and the publication of the contravention, the law foresees fines of up to 2% of the company’s revenue in Brazil in the previous year (either at company, group or conglomerate level), with a maximum of 50 million reais (~ $9 million). In more serious situations, that maximum would apply to a daily fine, which could likely be imposed until the contravention is ended. Step-by-step suggestions to support LGPD compliance While Brazil is not the first country in South America to enact data privacy laws, it certainly has generated much more interest than any other South American country to date on the subject. Brazilian General Data Protection Law (Lei Geral de Proteção de Dados or “LGPD”) was signed into law (with several alterations) by Brazil’s president on August 14, 2018. The LGPD protects private data and provides for the processing of personal data, including on digital platforms, and deals with “sensitive personal data.” LGPD’s date of enforcement is now set for August 14, 2020, exactly 2 years post passage of the law in 2018. While Brazil directly or indirectly had numerous federal privacy and data protections focused on specific sectors. For example the “Internet Law” known as Law 12,965 of April 23, 2014, this patchwork regulatory framework was sometimes conflicting and plagued with legal uncertainty. The LGPD replaces this patchwork, hoping to better position itself in the global data economy while protecting the rights and freedoms of its residents. ==================================================================================================== URL: https://trustarc.com/resource/mergers-and-acquisitions-elevated-risk/ TITLE: Mergers and Acquisitions Can Expose Companies to Elevated Risk | TrustArc TYPE: resource --- Privacy and data security in today’s mergers and acquisitions Privacy and data security factors are central in today’s mergers and acquisitions (M&A) landscape. M&A exposes companies to elevated risk in numerous ways, but acquired databases have potential to provide enormous value to new owners. Proactive cybersecurity and data privacy practices are strategically critical in the M&A context because of how costly a mistake can be. And conversely, good practices are an added value across a company’s potentially profitable data flows. that less than half of companies conduct privacy and cybersecurity assessments before completing due diligence. Or, more simply put, data privacy and security practices aren’t adequately considered before the deal is done. What happens when privacy and cybersecurity aren’t part of due diligence? Almost every company today has data to protect. It might be consumer data, , vendor or partnership data, or even proprietary information and trade secrets. Although companies that don’t collect consumer data tend to think they’re immune, that’s not the case. The increasing number of data privacy and security regulations places even greater pressure on the due diligence process. While this is new to some organizations, the Gramm-Leach-Bliley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPPA) have regulated the finance and healthcare industries for decades. When a company merges with or acquires a financial or healthcare company, new resources may need to be assigned to address all data privacy and information security requirements. Because of the sensitive information collected in these industries, the review process should be extensive and major changes may need to be considered. Additionally, regulators are more keenly attentive to companies’ privacy practices and statements. While this attention has been rising globally, it’s about to heat up significantly in the U.S. In 2023, five U.S. State privacy laws will be enacted. Mergers and acquisitions in the headlines A glance at news headlines confirms that numerous companies suffer from data breaches or other privacy and security incidents due to failing to fully assess and address privacy and cybersecurity risks during M&A. Marriott’s 2016 acquisition of Starwood provides an example of the painful and expensive result of incomplete data security evaluations before acquisition. Years after purchasing Starwood for $13.6 billion Marriott discovered a 2014 breach into the Starwood database. $28 million in expenses related to the personal data breach for violating consumer protections outlined in the EU GDPR. In addition to $52 million in expenses and fines, there’s also the cost of loss of trust due to the data breach and years of media attention about the legal ramifications. And calculating business losses due to distrust is complicated. Yet the real issue is; once trust is broken, it’s difficult to repair. Distrust could impact Marriott’s bottom line for many years to come. How the U.S. will handle the 133 million consumer class action lawsuit against Marriott and Accenture (who ran IT for Starwood and the legacy system Marriott acquired) is undecided. ruled that the class action lawsuit against Marriott and Accenture may proceed with 45 million certified members of the action class in May of 2022. However, Data privacy and cybersecurity are front and center in IoT acquisitions As the Internet of Things (IoT) seems to appear everywhere you look, from cars to watches and thermostats, thousands of everyday objects continuously collect user data. Arguably, the rise of IoT helped privacy advocates make data protection more mainstream and critical in the eyes of people who haven’t thought much about their data privacy. For example, data protection was paramount in the 2019 Google acquisition of Fitbit for approximately $2.1 billion. Both companies made a point to note choice and data control in their announcements: “Strong privacy and security guidelines have been part of Fitbit’s DNA since day one, and this will not change. Fitbit will continue to put users in control of their data and will remain transparent about the data it collects and why. The company never sells personal information, and Fitbit health and wellness data will not be used for Google ads,” Fitbit expressed. further echoed its commitment “[Google] will give Fitbit users the choice to review, move, or delete their data.” $392 million settlement was announced between 40 U.S. States and Google for violating consumer protection laws through data collection via the Google Maps App. Deceptive practices such as unclear settings and controls reasonably feed consumers’ distrust of a company’s data privacy and security practices. Data privacy advocates also recently raised concerns when Amazon acquired iRobot . Because Amazon already captures so much data through products such as Alexa devices and cameras, the added home mapping data could reveal significant information about data subjects. Best data security practices for M&A Poor data quality, privacy, and security practices decrease a company’s valuation. The acquiring company must thoroughly assess and understand the level of risk the acquisition will put on the current organization from a privacy and cybersecurity perspective and what those consequences may be. What is the quality of the data? Does it add value? What about data security practices? Do they leave the acquiring organization open to risk? If so, this must be considered in the valuation of a company. To avoid landing your company in a harmful situation, consider best practices for privacy and data security during the M&A process. Some are summarized below to get you started. Pre-M&A planning and internal strategy/objectives Assess and fully understand your data privacy program maturity level, data flows, information security practices, partners’ data inputs and outputs, and contractual obligations. Even if the transaction is not focused on the data, all parties should consider how their privacy and data security posture could have a material effect on the proposed deal. What is your organization’s , and that of any potential transactional partners? Consider the risk profile in terms of actions that will alleviate risk concerns. How will the new entity achieve relative regulatory compliance robustness? How can the value and usability of any underlying personal data be maintained in the event of a data transfer? Confirming compliance against regulations example Has an M&A-interested party been assessed against the EU GDPR, which impacts most companies that handle EU resident data? Have the same companies assessed or requested that their partners/vendors be GDPR-compliant? What about the U.S. State laws such as the California Consumer Privacy Act Virginia Consumer Data Protection Act When considering M&A and fourth-party vendors and suppliers farther down the supply chain, it’s often necessary to consider global privacy regulations such as the The due diligence and pre-signing stages At a minimum, all parties involved must evaluate their privacy notices for all products, services, and regions, whether covering mobile devices, a mobile application, an ad tech platform, or a marketing website. Next, identify potential areas where they may implicate different countries’ domestic legislation, such as in the U.S., with the FTC Act § 5 covering unfair or deceptive practices. Consider carefully your data security protocols, the bounds and monitoring of vendor relationships, and your employees’ personal data. After M&A: Post-signing and post-closing Will a special regulatory review be necessary based on the publicly-traded nature of the parties, the proposed deal’s financial valuation, or because the transaction implicates a highly-regulated industry? Is any data adjudged to be either not related to the merged entity or overly sensitive and unwanted such that it will be intentionally excluded from the data transfers (and thus deleted, returned, or grouped)? How will the companies’ policies be revised and or combined? How will employee and HR records be integrated? Whose infrastructure will be used, and whose data will be ported in? Will any other regulators need to be notified? Before you begin a merger or acquisition, partner with experienced experts that can assess the privacy and data security risks and help you attain the best possible deal – no matter what side of the table you’re on! Map personal data and manage risk ==================================================================================================== URL: https://trustarc.com/resource/why-data-privacy-self-regulation-is-better-than-involuntary-options/ TITLE: Why Data Privacy Self-Regulation is Better than Involuntary Options | TrustArc TYPE: resource --- Despite the ongoing discussions about data privacy by legislatures, regulators, and data conservationists — self-regulation remains the primary tool to ensure consumer information is handled responsibly And rightly so. But you’re probably wondering why data privacy self-regulation is better than involuntary enforcement through regulations. Too often, privacy debates devolve into false dichotomies, dominated by arguments that advocate for being always anonymous or that privacy is dead. Data privacy is an important conversation because we humans are both social and autonomous creatures. And we need solutions that balance the values of both disclosure and discretion The U.S. founders knew that. Through products and services, the is well positioned to address the weighty nuances of deciphering public from private places, understanding who uses what products, and how those products might be abused. But although the industry might be best positioned to address privacy issues, they have no monopoly on them. As I discussed in my talk at the Privacy Identity Innovation conference, technologists drive innovation. innovation is only achieved when tempered with the counsel (and sometimes warnings) of humanitarians — philosophers, journalists, economists, anthropologists, and historians. And, where appropriate, this counsel must be heeded and enforced, either voluntarily through self-regulation or involuntarily by law. Data privacy self-regulation is the most efficient way to protect consumers and encourage innovation Self-regulation privacy efforts adapt better than government regulation. The process of creating, passing, implementing, sustaining and auditing government regulation is, as you can imagine, quite long. Congress has attempted comprehensive privacy legislation for years. While the FTC has been effective at prosecuting offenders recently, it just can’t give consumers the protections they need and the innovation they want. Privacy companies, like TrustArc, can verify the claims of their clients and operate at the speed of technology. It offers solutions to actual problems. By allowing industry to self-regulate, innovation is prioritized alongside consumer protection — not innovation at the expense of consumer protection. We tend to forget how new the Internet is and, to some extent, that we are all making this up as we go. Self-regulation encourages a race to the top. Industry players vie for users. Winning companies offer the best products and are most responsive to all stakeholders including customers, advocates, and regulators. Take, for example, Intelius’ work with the National Network to End Domestic Violence (NNEDV). Working with NNEDV, we developed a suppression feature in TrueRep which offers users the opportunity to block their most recent contact information. Self-regulation fits with privacy by design. By accommodating for privacy early in the design process, users can have just-in-time controls over their data. was one of the driving forces for our TrueRep product where users have access and control of their own public profile. Self-regulation addresses data abuses. The fiercest enemy of consumer privacy is data abuse. Sure, data abuse can’t be accomplished without access to the data. But where data is already public, it shouldn’t be used for harm. That’s the wisdom of the Fair Credit Reporting Act. No matter how the data is accessed, businesses must tread carefully when it’s used for sensitive purposes like hiring or housing. We humans are complex. As we map our complex society online, getting privacy right will take some time. Self-regulation is a key ingredient to responsible, fast-paced innovation and data privacy. ==================================================================================================== URL: https://trustarc.com/resource/gdpr-schrems-ii-compliance-checklist/ TITLE: GDPR and Schrems II Compliance Checklist | TrustArc TYPE: resource --- Businesses managing international data transfers containing personal data of individuals in the European Union (EU) and/or European Economic Area (EEA) to countries outside the EU must address the EU’s General Data Protection Regulation and Schrems II compliance requirements. After the Schrems II decision on July 16, 2020, U.S. businesses could no longer use the EU–U.S. Privacy Shield for international data transfers because it was invalidated. While a new Trans-Atlantic Data Privacy Framework was agreed in principle in March 2022, it has not been enacted. U.S. businesses are essentially on the same footing as any business operating in another country (any country not a member of the EU or EEA). Standard Contractual Clauses (SSCs) that were modernized after the Schrems II decision can be used to manage international data transfers from controllers or processors in the EU to their counterparts in other countries. Schrems II compliance: expiry dates for older SCCs The European Commission issued new SCCs under the GDPR for international data transfers on June 4, 2021. Keep in mind that if your organization had any older SCCs already in place before June 4, 2021, the following expiry dates were set: September 27, 2021 – from this date it was no longer possible to conclude contracts incorporating older sets of SCCs. December 27, 2022 – until now, controllers and processors could still rely on earlier SCCs for contracts concluded before September 27, 2021, if the processing operations described in the contract were unchanged. Below is a checklist of the main considerations for GDPR and Schrems II compliance before transferring any personal data from the EU. Confirm GDPR and Schrems II compliance rules apply The Schrems II case considered whether the use of SCCs could adequately protect the privacy of EU/EEA citizens during international data transfers. In the final decision on SCCs, the Court of Justice of the European Union ruled any SCC used for transfers of EU/EEA citizens’ personal data from the EU to other countries must result in an essentially equivalent level of protection of citizens’ personal data to the protections provided in the EEA. The court was extremely clear that if a company handles any personal data of any citizen in the EU or EEA – whether as a controller or a processor, or both – then GDPR compliance is essential. Under the GDPR, processing is defined as “any operation or set of operations which is performed on personal data or on sets of personal data” (GDPR Article 4(2)). A controller is defined as any entity that “determines the purposes and means of the processing of personal data”. Ensure all parties in the data transfer meet the SCC requirements Since the Schrems II decision, all organizations involved in international data transfers from the EU must prove they can meet all requirements of any SCCs they use. This applies equally to exporters of data from the EU and importers of data in other countries. Data importers must also confirm they will respect the core principles under the GDPR. The principles relating to processing of personal data are explained in GDPR Article 5: Lawfulness, fairness and transparency Purpose limitation (specified, explicit and legitimate purposes) Data minimization (the minimum amount of data needed for the purpose) Storage limitation (kept no longer than is necessary for the purpose) Integrity and confidentiality (suitably secured) – note: this principle also applies to controllers. Conduct a data transfer risk assessment Two weeks after the European Commission issued the new SCCs aimed at improving GDPR compliance, addressing issues raised by Schrems II, the European Data Protection Board (EDPB) adopted its for international data transfers. These recommendations set out a six-step roadmap to help organizations make data transfer risk assessments when considering transferring personal data from the EU: – reassess all data processing operations. Identify the tools you are relying on – review adequacy decisions, derogations and GDPR Article 46 transfer tools such as SCCs and binding corporate rules (BCRs). Assess appropriate safeguards – consider the circumstances of the transfer, including relevant legislation in the importing country, and decide which instrument/s will be most effective. Adopt supplementary measures – organizations typically need to adopt organizational, contractual and technical measures to ensure data security. Get data processing agreement (DPA) approval – some transfer mechanisms (such as BCRs and ad hoc clauses) will require DPA approval. – commit to regularly reviewing your policies, tools, systems and processes for all activities related to GDPR compliance. Assess surveillance laws in other countries Since the Schrems II decision, all data importers and exporters must also assess the data legislation of importing countries, before concluding the SCCs. Data importers must verify the data laws in their country will not prevent them from meeting SCC requirements. If the data could be subject to surveillance laws that may interfere with a data subject’s supplemental rights (such as the right to be informed, the right of access and the right be forgotten), then the transfers cannot be made based on SCCs. Will any personal data be transferred from the EU to the U.S.? SCCs can be used for international transfers of personal data of EU/EEA citizens from the EU to the U.S. on a case-by-case basis, provided the U.S. data importer is assessed as meeting all requirements of the SCCs. However, a key requirement of GDPR and Schrems II compliance is that SCCs cannot be used to allow the transfer of personal data from the EU to the U.S. if that data might be subject to collection and/or access by U.S. authorities for national security purposes. Remember the European essential guarantees for surveillance measures After the Schrems I case, the European Data Protection Board (EDPB) published a new set of recommendations for international data transfers to ensure surveillance measures in any country would not have a negative influence on the protection of personal data and fundamental rights to privacy. EDPB recommendations published in February 2020 – before the Schrems II decision – noted: “the applicable legal requirements to make the limitations to the data protection and privacy rights recognized by the Charter of Fundamental Rights of the EU justifiable can be summarized in four European Essential Guarantees”: Guarantee A – processing should be based on clear, precise, and accessible rules. Guarantee B – necessity and proportionality with regard to the legitimate objectives pursued need to be demonstrated. Guarantee C – an independent oversight mechanism should exist. Guarantee D – effective remedies need to be available to the individual. TrustArc helps manage your GDPR and Schrems II compliance for international data transfers TrustArc’s expertise in data protection and privacy management helps organizations like yours identify your risks associated with international data transfers and manage compliance, including policy changes driven by landmark privacy cases such as the Schrems II decision. Our automated platform combines expert risk analysis and deep knowledge of regulatory compliance, including the GDPR, to keep your data transfer assessments up to date. Manage international data transfer risk ==================================================================================================== URL: https://trustarc.com/resource/data-protection-impact-assessment-article35/ TITLE: Your EU GDPR Article 35: Data Protection Impact Assessment (DPIA) Cheat Sheet | TrustArc TYPE: resource --- Data Protection Impact Assessment introduction and background deadline has passed, so organizations should have a documented process for conducting Data Protection Impact Assessments (DPIAs) and Privacy Impact Assessments (PIAs). However, before building a DPIA program, it is useful to review and understand what a DPIA is, when it is needed, and how it should be conducted. What is Data Protection Impact Assessment (DPIA)? A DPIA is designed to help an organization with risk assessment associated with data processing activities that may pose a threat or high risk to the rights and freedoms of individuals. A privacy impact assessment helps to identify privacy risks during the development of a program life cycle. A PIA outlines how personal information will be handled and secured to maintain privacy. The GDPR requires that DPIAs be conducted before a processing activity takes place that may pose a “high risk” to the rights and freedoms of individuals. The GDPR does not define the types of processing that are likely to result in such a risk. has, however, provided sample categories of high-risk processing, which can serve as a guide. The categories include profiling and predictive processing, automated-decision making that has legal effects, systematic monitoring, the processing of sensitive data, and processing that relies on new technology. One example of high-risk processing in the evaluation or scoring category would be conducting credit checks. While the GDPR does not dictate the specific requirements of how organizations are supposed to conduct DPIAs, it does provide four elements that a DPIA assessment must contain: a systematic description of the processing operations and their purposes; an assessment of the necessity and proportionality; an assessment of the risks; and the measures needed to address the risks. Benefits of privacy by design or embedding data privacy features early in design: Early identification of potential threats and problems. Early reduction of problems can save time and money. Increased privacy and data protection across the organization. Data flow mapping and data inventory Before creating a DPIA process, it is useful to have a picture of what information your organization has, where the data is located, and how it flows through the organization. With that in mind, it is essential to develop a and map the organization’s business process flows or systems. Use assessments appropriate for processing risk Not all systems and processes require the same type of assessment. The type of assessment conducted is dependent on the type of processing activity assessed, and the privacy and data protection compliance goals of an organization. Assessments are designed to address varying levels of data processing risk and complexity. They can be focused around specific regulations such as EU GDPR, or CCPA, and specific products and services. Make sure the assessment you choose will help you with your EU GDPR Article 35 compliance goals. Personal data processing where a DPIA is likely required: Hospital processing -patients’ genetic and health data. Personal sensitive data from research projects or clinical trials. An organization using an intelligent video analysis system to single out cars and automatically recognize registration plates. An organization that monitors publicly accessible areas via CCTV, body-devices, CCTV. Companies that monitor employees’ activities, including their workstations and Internet activity. Gathering of public social media data for generating profiles. Institutions that create national-level credit rating or fraud databases. Organizations that process large-scale special categories of data (e.g. health, religion or ethnic origin) Legal processing of personal data relating to criminal convictions and offenses. Evaluation of personal data based on automated decisions such as a denial of online credit applications or e-recruiting without a human based decision. DPIA program essential elements The six essential elements that make up a sustainable DPIA program are: integrated governance, risk assessment, resource allocation, policies & standards, processes, and awareness & training. The first step in building a sustainable program is establishing program leadership. Depending upon your organization’s goals, the structure may vary. For example, a global corporation may have one global stakeholder along with several regional stakeholders. Classifying data-related risks will require taking a collaborative approach because stakeholders view risk differently. Do not forget to consider unstructured data when assessing risk. Assign knowledgeable and trained personnel to defined roles and responsibilities. Outlining the resources needed will help establish a budget. Set procedures and guidelines to define and deploy effective and sustainable governance and controls for managing data-related risks. The assessment process will help determine whether there are any gaps between the standards and the implemented practices. Develop a process that fits the organization’s size and privacy maturity level. Following a documented process, especially for PIAs/DPIAs will ensure consistency. This step is crucial to ensure that the program continually evolves and improves. Communicate expectations to the stakeholders and organization, provide contextual training, and establish training cycles. Who should conduct a DPIA? A designated data controller, data protection officer, or someone with data protection knowledge and expertise should be responsible for the DPIA. Or select a reputable outsourced data privacy expert. General Data Protection Regulation (GDPR) Understand the requirements of the world’s most comprehensive data privacy and protection law. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. ==================================================================================================== URL: https://trustarc.com/resource/webinar-consumer-expectations-vs-corporate-realities-on-data-broker-use/ TITLE: Consumer Expectations vs Corporate Realities on Data Broker Use TYPE: resource --- Consumer Expectations vs Corporate Realities on Data Broker Use Most consumers believe they’re making informed decisions about their personal data—adjusting privacy settings, blocking trackers, and opting out where they can. However, our new research reveals that while awareness is high, taking meaningful action is still lacking. On the corporate side, many organizations report strong policies for managing third-party data and consumer consent yet fall short when it comes to consistency, accountability and transparency. This session will explore the research findings from TrustArc’s Privacy Pulse Survey , examining consumer attitudes toward personal data collection and practical suggestions for corporate practices around purchasing third-party data. Consumer awareness around data brokers and what consumers are doing to limit data collection How businesses assess third-party vendors and their consent management operations Where business preparedness needs improvement What these trends mean for the future of privacy governance and public trust This discussion is essential for privacy, risk, and compliance professionals who want to ground their strategies in current data and prepare for what’s next in the privacy landscape. This webinar is eligible for 1 CPE credit. Head, Customer Enablement & Principal, Data Privacy, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/webinar-mastering-privacy-contracting-key-clauses-risks-negotiation-strategies/ TITLE: Mastering Privacy Contracting: Key Clauses, Risks & Negotiation Strategies TYPE: resource --- Mastering Privacy Contracting: Key Clauses, Risks & Negotiation Strategies As data privacy regulations become more pervasive across the globe and organizations increasingly handle and transfer (including across borders) meaningful volumes of personal and confidential information, the need for robust contracts to be in place is more important than ever. This webinar will provide a deep dive into privacy contracting, covering essential terms and concepts, negotiation strategies, and key practices for managing data privacy risks. Whether you’re in legal, privacy, security, compliance, GRC, procurement, or otherwise this session will include actionable insights and practical strategies to help you enhance your agreements, reduce risk, and enable your business to move fast while protecting itself. This webinar will review key aspects and considerations in privacy contracting, including: Data processing addenda, cross-border transfer terms including EU Model Clauses/Standard Contractual Clauses, etc. Certain legally-required provisions (as well as how to ensure compliance with those provisions) Negotiation tactics and common issues Recent lessons from recent regulatory actions and disputes This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc Deputy General Counsel, TrustArc Lead Counsel, Privacy, Snyk ==================================================================================================== URL: https://trustarc.com/resource/hondas-ccpa-fine-lawful-data-processing/ TITLE: What Honda’s $632,500 CCPA Fine Teaches Us About Lawful Data Processing | TrustArc TYPE: resource --- Pop quiz: What do cookies, carmakers, and consumer rights have in common? If you answered “a privacy disaster waiting to happen,” give yourself a gold star. In early March 2025, the California Privacy Protection Agency (CPPA) issued a high-profile CCPA enforcement order and American Honda Motor Co. found itself in the hot seat. Honda agreed to pay a $632,500 settlement after the CPPA found that the automaker unlawfully required excessive consumer information to exercise their rights, made it harder to opt out than opt in to cookie tracking, mishandled individual rights requests from authorized agents, and shared personal data with ad tech vendors without being able to produce the proper contracts. If you’re a privacy or compliance professional, this case should set off alarms louder than a Civic’s seatbelt chime. But fear not, this article will walk you through: Why it mattered under the CCPA What the CPPA expects moving forward And how you can avoid a privacy pile-up in your organization A primer on the privacy pile-up: What the CPPA found The CPPA’s investigation, part of its broader sweep into connected vehicles and digital advertising practices , unearthed several violations under the California Consumer Privacy Act (CCPA) and its 2023 regulatory updates. Here’s where Honda veered off course: 1. Excessive verification for opt-out requests Honda required consumers to provide at least eight pieces of personal information (including full name, address, phone number, and email) just to opt out of data sales or limit the use of . This applied the same high-verification standard to both verifiable and non-verifiable requests. CCPA regulations distinguish between types of requests. Opt-out and limit-use requests don’t require identity verification. Honda’s webform created unlawful barriers. 2. Obstacles for authorized agents Consumers can designate “authorized agents” to make privacy requests on their behalf. However, Honda required these consumers to confirm the agent’s authority directly with Honda, which violates the regulation, which permits businesses to request proof of authorization but not direct consumer confirmation. Honda’s own numbers are damning: 14 consumers had to confirm authorized agent submissions. That’s 14 too many in the CPPA’s eyes. The CPPA wants cookie choices to be as fair, but Honda’s cookie tool was far from symmetrical: Consumers had to click twice to opt out of advertising cookies. But you could opt in with a single “Allow All” click. That imbalance runs afoul of Section 7025(c) of the CCPA regs, which require equal effort for opting in and out. 4. Incomplete contracts with ad tech vendors Here’s where it gets sticky: Honda shared consumer data with third-party advertising companies but couldn’t produce contracts outlining the limited purposes the shared data can be used and requiring those vendors to be CCPA-compliant. Without those contracts in place, Honda exposed consumer data to undefined use and exposed itself to enforcement. The bill comes due: Honda’s settlement terms To resolve the charges, Honda agreed to a $632,500 fine. And that’s not pocket change, even for a global automaker. But the fine is just the beginning. Honda also must: Limit data collection for opt-out and limit requests Update its webforms to separate verifiable and non-verifiable requests Remove confirmation barriers for authorized agents Redesign its cookie management tool to include a clear “Reject All” button Global Privacy Control (GPC) signals Update contracts with ad tech vendors within 180 days Train staff and consult a UX designer to improve request usability Publish CCPA metrics annually for five years The CPPA gave Honda 90 to 180 days to comply. So the clock is ticking. What your company can learn from Honda’s mistakes As the CPPA ramps up enforcement, this case reads like a how-not-to manual for any business operating in California, or, frankly, anywhere data privacy laws apply. Here are five actionable takeaways to keep your privacy practices tuned up and enforcement-ready: 1. Tighten your touchpoints Your consent banners and privacy request forms are legal interfaces. Double-check that required web links are clearly labeled with the required CCPA language (e.g., “Do not sell or share my personal information”) and accessible from your website’s footer, homepage, and privacy policy. Run a full audit of your privacy interfaces to confirm that required links and language are present, functional, and easy to use. 2. Collect only what’s necessary One of Honda’s biggest missteps is asking for too much information, especially for opt-out and limit-use requests. CCPA regulations are crystal clear: only collect identity verification data when it’s actually required, for example, for correction, deletion, or access (right to know) requests. Build your request flows to match the level of verification required. For opt-out and limitation requests, 3. Make consent choices fair and frictionless If rejecting cookies takes more clicks than accepting them, your interface may be seen as biased or manipulative, a.k.a. .” The CPPA wants symmetry in effort. If one button says “Accept All,” there should be a just-as-easy “Reject All.” Review your cookie banners and modals for click parity. Equal effort, equal clarity. 4. Get your contracts in gear If you’re sharing or “selling” consumer data, your third-party contracts must meet CCPA standards. That means: Personal data can only be used for specified, limited purposes Third parties must offer the same level of privacy protection that your business is required to uphold Revisit all contracts with ad tech vendors, service providers, and data partners. Update any outdated or vague terms. Your tools are only as effective as the people using them. Make sure any employee who touches privacy requests (whether directly or by routing them) knows exactly how to respond, escalate, or guide consumers. Provide up-to-date training on and internal escalation paths. A single misstep at the help desk can lead to a full-blown compliance issue. Why this matters (even if you’re not Honda) The CPPA’s action against Honda is more than a warning shot. The decision signals serious scrutiny ahead, especially in: Consumer-facing platforms and UX Automated decision-making Connected products and IoT If you’re in automotive, retail, health, finance, or media, this applies to you. If you’re in California, it definitely applies to you And if you’re unsure whether your practices would survive this level of scrutiny? You’re not alone. Get future-ready with TrustArc No one wants their brand name to become synonymous with a privacy enforcement action. That’s where TrustArc comes in. privacy request workflows third-party risk governance , TrustArc helps organizations build CCPA-compliant programs from the ground up. Need help auditing your data flows? Updating your cookie banner? TrustArc has you covered before the CPPA comes knocking. Don’t be the next headline Honda’s missteps weren’t malicious. They were the result of legacy processes, poorly calibrated forms, and insufficient attention to regulatory nuance. But in privacy, good intentions don’t beat bad UX. The takeaway? You can’t afford to sleep on compliance. The CPPA is watching and now we know what enforcement looks like. Are your opt-out forms frictionless? Are your vendors under contract? Are you removing unnecessary barriers for authorized agents to submit requests? Are your cookie tools built for symmetry? If the answer is “maybe,” you need to act—before your brand is next on the CPPA’s radar. Consent & Rights, Covered from Click to Completion Centralize consent, streamline DSR fulfillment, and scale compliance across every touchpoint without compromising user trust. Research That Powers Real Privacy Programs Turn insight into action with always-current regulatory research from Nymity. Monitor global laws, align with frameworks, and back every decision with defensible intelligence. ==================================================================================================== URL: https://trustarc.com/resource/drivers-data-significant-privacy-violations/ TITLE: Why Hitting a Goldmine of Driver’s Data May Lead to Significant Violations | TrustArc TYPE: resource --- As society becomes technologically more advanced, so do our cars. Nowadays, car manufacturers are developing vehicles that connect to the Internet and mobile devices (e.g., cell phones), providing convenience and an intuitive driver experience. Cars are becoming “smarter” as they connect with internet-enabled devices and features. We can spontaneously ask the car’s navigation system to find an alternative route to avoid heavy traffic based on its geolocation data or request to make a call to the doctor’s office by allowing the car to access the phone’s contact list. The convenience of using personal data on the road can come in handy, but there is a risk that the car may be eavesdropping or spying on our data inside the cabin and passing the data to the car manufacturer and other third parties without our knowledge. This article will dive into recent U.S. enforcement and investigative trends on driver’s data and explore what laws are currently in place or are in the pipeline to protect driver’s data. Driver’s data are sold to insurance companies to set rates Driver’s data usually includes precise geolocation and driving behavior data (e.g., hard braking and acceleration), which can be gathered via your mobile phone when connected to the car and if certain app trackers are installed. Such data is desirable to car manufacturers and insurance companies, but irresponsible data practices can land them in hot water. The Texas Attorney General (AG) sued Allstate and its subsidiary Arity for aggregating and selling access to a massive database of 45 million Americas’ driving behavioral and geolocation data that were obtained via Arity’s software development kit (SDK) embedded in driver’s mobile devices and by purchasing driving behavior data from other car manufacturers without the driver’s knowledge or consent, triggering the enforcement of the first data privacy action states’ Data Privacy and Security Act (TDPSA) . Access to the database was available to third parties, such as car insurers, who used the data to raise insurance rates. car manufacturers off the hook . The AG has sent several notices of inquiry to Ford, Hyundai Motor America, Toyota Motor North America, and Fiat Chrysler Automobiles U.S., demanding information about their data collection and sharing practices involving consumer and driving behavior data. Notably, the AG issued a warning to Kia America after the company allegedly deceived consumers into enrolling in its insurance savings program but failed to inform them that their driver’s behavior data would be shared with third parties to determine insurance rates. Another prominent case involved the Federal Trade Commission (FTC) proposing an order against General Motors (GM) and its subsidiary OnStar for non-compliance with the FTC Act. GM allegedly used deceptive enrollment practices to persuade consumers to sign up for its OnStar-connected vehicle service and the OnStar Smart Driver feature. However, the company failed to obtain and disclose that their precise geolocation and driving behavior data would be collected and sold to third parties. Specifically, consumer reporting agencies used such data to establish consumer credit reports and shared them with insurance companies to set rates. Both parties are prohibited from sharing any geolocation or driver behavior data with third parties for five years, must obtain consent before collecting connected driver’s behavior data, and must establish a mechanism to allow consumers to limit data collection and opt out of the collection of geolocation and driving behavior data. Driving behavior data can be since it is often associated with precise geolocation data, so it is paramount to comply with state consumer privacy protection laws and other applicable laws. In-vehicle video footage and vehicle tracking can be driver’s data Last year, California was on top of protecting driver data beyond behavior data and precise geolocation data. Footage of activities within a vehicle may constitute driver data, and this practice must be brought to the driver’s attention. Effective January 1, 2024 , car manufacturers and dealerships in California have an obligation to notify consumers that a vehicle is equipped with one or more in-vehicle cameras in the owner’s manual before selling or leasing a vehicle. They must also provide a separate disclosure form for consumers to sign, acknowledging the cameras. Footage from the cameras cannot be used for advertising purposes or shared with third parties without consent and can only be disclosed for service repairs. Additionally, manufacturers and dealerships must provide consumers with the means to withdraw their consent to recording. California is also paying legislative attention to rental car companies. Effective January 1, 2025 , California removed the sunset date of January 1, 2028, to indefinitely extend current laws that govern rental car companies’ activation of surveillance trackers in rental cars if not returned within a specific period. The new law shortened the time, from 72 to 24 hours, that a rental company must wait after the contracted or extended return date before activating surveillance trackers in the car, establishes conditions when it is permissible to access driving behavior data (in this context, data relating to the renter’s use of the rental vehicle) obtained from the technology, and sets out record retention requirements of 12 months after the activation of the technology. More legislation about location data are on the way Some bills broadly govern the use of consumer precise geolocation data, but they could still apply to driver’s behavior data involving location data. Practice due diligence to consider all applicable laws before collecting, processing, and disclosing location data. would apply the requirements of the state’s consumer privacy law to car manufacturers in how they process consumers’ driving behavior data, irrespective of the number of consumers served; establishes prohibitions for a covered entity to collect or process individuals’ precise geolocation data, except for permissible purposes, and provides measures to be taken before processing location data; establishes prohibitions on the use of tracking devices, such as installing the device in a motor vehicle without the owner’s/lessee’s knowledge or consent and using the device to track the location of a motor vehicle without the owner’s/lessee’s knowledge or consent. California’s AG announced the start of its investigative sweep into businesses’ collection, processing, and sales of consumers’ location data earlier this month. This initiative focuses on how businesses offer and allow consumers to exercise their right to limit use and stop selling and sharing of their geolocation data. So, now’s the time to reassess how you process consumers’ driver’s location data. Notice and consent are crucial before you process driver’s data Competent authorities are doubling down on their enforcement actions, and it’s high time to double-check if your data collection and processing practices are legal. The key to staying on the right side of the law is to clearly notify your consumers if their driver’s behavior data will be collected and shared with third parties and for what purpose, and from them, so they know exactly what they are consenting to and how their data will be used. Also, all relevant data privacy protection laws concerning precise geolocation data and trackers should be considered since driver’s behavior data can encompass such sensitive data in its scope. Privacy Intelligence, On Demand Stay ahead of the curve with instant access to global laws, legal analyses, and ready-to-use templates—powered by Nymity Research. Your Privacy Program, Powered Up Boost your knowledge and confidence with expert-led sessions covering the must-knows of building, scaling, and proving privacy compliance. ==================================================================================================== URL: https://trustarc.com/resource/employee-data-privacy-balancing-monitoring-and-trust/ TITLE: Employee Data Privacy: Balancing Monitoring and Trust | TrustArc TYPE: resource --- Organizations must navigate the fine line between protecting employee data privacy and ensuring operational security as digital workplaces evolve. Privacy, compliance, and security professionals face increasing scrutiny over data handling practices, especially as global regulations tighten and employees demand greater transparency. Businesses must establish trust while remaining compliant with privacy laws, balancing necessary monitoring with ethical data protection. This article explores key considerations for maintaining compliance, implementing security measures, and fostering workplace trust. It addresses monitoring practices, legal requirements, and emerging technologies that impact employee privacy. Employee monitoring, AI, and privacy risks in a hybrid workforce Whether through email tracking, keystroke logging, or AI-powered productivity tools, workplace monitoring must align with business needs and employee privacy rights. Over-monitoring can erode trust, create legal risks, and damage workplace morale. Just because monitoring is possible doesn’t mean it should be excessive. A significant example of excessive employee surveillance is the H&M employee monitoring case. In 2020, the Hamburg Data Protection Authority fined H&M €35.3 million for illegally surveilling several hundred employees at a service center in Germany. Without their knowledge or consent, the company collected detailed personal information about employees, including family issues, religious beliefs, and medical histories. The case remains one of the most considerable GDPR fines for workplace privacy violations and underscores the risks of intrusive monitoring practices. Cases like this highlight why organizations need clear policies, transparency, and safeguards when deploying monitoring technologies. To ensure ethical practices, organizations should conduct a Privacy Impact Assessment (PIA) before implementing monitoring tools, ensuring they are necessary and proportionate. Transparency is key—employers must document and communicate monitoring justifications, provide employees with avenues to contest unfair results, and minimize the retention of tracking data to what is strictly necessary. AI governance: Preventing bias and protecting employee rights AI-powered tools are increasingly used in hiring, performance evaluations, and workforce management. While automation improves efficiency, it also introduces privacy risks, particularly regarding bias and transparency. Public sentiment reflects strong skepticism about AI in hiring. Pew Research Center survey reflects the concerns about AI’s role in hiring. It found that 71% of Americans oppose AI making final hiring decisions, while only 7% support it. Even for less consequential tasks like reviewing job applications, 41% of respondents opposed AI involvement, with only 28% in favor. The findings suggest that public trust in AI-driven hiring remains low, primarily when AI is used to make key employment decisions. To mitigate these risks, implement AI governance frameworks that include: Bias auditing and explainability – Regularly assess AI models for discriminatory patterns, especially in recruitment and promotions. – Ensure that AI-driven employment decisions have human review mechanisms. Under GDPR, employees have the right to challenge fully automated decisions that affect their employment. – Establish transparency, fairness, and accountability standards when using AI for workplace monitoring or performance tracking. Risk-based AI assessments – Implement Data Protection Impact Assessments (DPIAs) when deploying AI tools that process sensitive employee data, such as biometric tracking or emotional analysis. Privacy risks in remote and hybrid work New privacy risks extend beyond employee monitoring as hybrid and remote work reshape the modern workplace. Organizations must address data security vulnerabilities, blurred boundaries between personal and professional life, and third-party software risks to maintain compliance and employee trust. 1. Increased data security vulnerabilities Employees working remotely often access company systems using personal devices and unsecured networks, making data breaches more likely. Home Wi-Fi networks, shared devices, and the lack of physical security controls can expose sensitive corporate and employee information to cyber threats. Require VPNs and endpoint security software on all employee devices. Implement strict access controls to limit employee exposure to Provide cybersecurity training to help employees identify phishing attacks and social engineering threats. 2. Blurred boundaries between personal and professional life Remote work often results in over-collection of personal data, as employees use personal devices and accounts for work-related activities. Employers may inadvertently track personal communications, location data, or personal browsing history, mainly if they use invasive endpoint monitoring tools. A case in the Netherlands involved an employee fired for refusing to keep their webcam on all day during remote work. The employee sued the company, and the court ruled in their favor , stating that “continuous webcam monitoring violated privacy rights under GDPR.” To prevent similar legal risks: Define clear remote work policies that respect employee privacy. Ensure that personal devices remain separate from work-related monitoring. Limit tracking to work-related activities without overreaching into personal time. 3. Third-party collaboration tools and data sharing risks cloud-based collaboration tools such as Slack, Microsoft Teams, and Zoom, which often collect extensive metadata, transcripts, and chat logs; if not properly managed, these tools can lead to data leaks or unauthorized third-party access. Limit the retention of chat logs and recordings in collaboration platforms. Regularly audit third-party vendor agreements to ensure they comply with privacy laws like Enforce strict access permissions to prevent accidental data exposure. By addressing these broader hybrid work privacy risks, companies can move beyond just monitoring concerns and create a secure, privacy-conscious remote work environment. Transparency and consent: The foundations of trust Transparency is essential to maintaining employee trust and legal compliance. Employees should clearly understand what data is collected, why it’s used, and who can access it. Employers should communicate privacy policies in plain language and ensure employees have choices for non-essential data collection. While consent is often seen as the gold standard for , it is not always the most appropriate legal basis in employment relationships. The inherent power imbalance means employees may feel pressured to consent, making it legally questionable under privacy laws like GDPR . Instead, organizations often rely on: Performance of a contract (e.g., payroll processing). Legal obligations (e.g., tax reporting, workplace safety compliance). Legitimate interests, provided they don’t override employee rights. In cases where consent is necessary—such as biometric data collection—organizations must ensure it is freely given, specific, and easily withdrawn. Otherwise, they risk non-compliance, legal challenges, and employee distrust. Legal compliance: GDPR, CCPA, and global privacy laws Laws like GDPR and CCPA have redefined how businesses handle employee data, imposing strict requirements for compliance. Companies must establish a lawful basis for processing employee data, especially when handling sensitive information. Cross-border data transfers add another layer of complexity. When moving employee data across international borders, businesses must comply with Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), or data localization laws. With laws like and evolving U.S. state regulations, companies should ensure compliance with the strictest applicable law. Another crucial compliance factor is facilitating employee data rights, such as access, correction, and deletion requests. Under GDPR, businesses must respond to these requests within 30 days, while CCPA allows 45 days. Companies should establish standardized request-handling procedures to prevent delays and security risks. Transparency in cross-border transfers is also critical. Organizations must communicate to employees when their data is transferred internationally and ensure proper safeguards are in place. Security and data protection: Technical and organizational measures A strong security foundation is critical for protecting employee data from breaches and unauthorized access. Organizations must implement technical and procedural safeguards to reduce risks and ensure compliance. Encryption plays a vital role in protecting employee data, securing it at rest and in transit to prevent unauthorized access. Access to sensitive information should be restricted through role-based access controls (RBAC), ensuring that only those who need the data can view or modify it. Regular security assessments and audit logs help organizations track data access and identify vulnerabilities before they can be exploited. Additionally, multi-factor authentication (MFA) strengthens system security by requiring multiple verification steps for access. is equally important. Retaining employee data longer than necessary increases exposure to security risks and regulatory penalties. Companies should define clear retention periods aligned with business needs and legal requirements. When data is no longer required, secure disposal methods, such as digital wiping and document shredding, should be used to prevent unauthorized access. HR’s role in privacy and vendor compliance HR departments are pivotal in ensuring employee data is handled securely and ethically. Beyond enforcing privacy policies, HR must: Manage access controls, ensuring only authorized personnel handle sensitive data. Train employees on best practices for protecting personal information. Oversee vendor compliance, ensuring third-party processors meet legal and security requirements. Third-party risks must be carefully managed. Companies should conduct risk assessments and require vendors to adhere to Data Processing Agreements (DPAs), which outline security measures and breach notification protocols. privacy awareness into workplace culture , HR can help ensure data protection remains a core priority. Addressing employee concerns and whistleblower protections Employees often worry about how their data is used and whether workplace monitoring crosses ethical boundaries. Organizations can build trust by fostering open communication and ensuring privacy policies are clearly explained during onboarding and training. Providing employees access to their data allows them to review and correct inaccuracies, reinforcing transparency. Additionally, offering opt-out options for non-essential data collection ensures that employees feel they have control over their information. Whistleblower laws protect employees who report misconduct, requiring companies to handle these cases with strict confidentiality. Organizations must implement secure reporting channels and limit data collection to only what is necessary for the investigation. By upholding strong whistleblower protections, businesses foster a culture of accountability and ethical responsibility. Balancing privacy and well-being The rise of workplace wellness programs, productivity tracking, and mental health initiatives has introduced new privacy concerns. Employers must be cautious about collecting sensitive health data through wellness programs, fitness trackers, or mental health apps. To strike the right balance: Clearly communicate data collection purposes and obtain explicit opt-in consent where required. Limit data collection to the minimum necessary and avoid tying participation to performance evaluations. Implement strong security measures for sensitive wellness and mental health data. Employers can protect employee privacy while supporting workplace well-being by ensuring transparency and voluntary participation in these programs. Why privacy professionals must lead the charge Balancing employee data privacy with workplace security is no longer just a compliance issue—it’s a critical factor in corporate reputation, talent retention, and risk management. Companies that fail to implement strong privacy protections risk legal penalties, public backlash, and loss of employee trust. Looking ahead, privacy professionals must prepare for new challenges, including: will set stricter guidelines for AI-driven workplace decisions. Growing restrictions on biometric data collection across global jurisdictions. Increased demand for Privacy-Enhancing Technologies (PETs) to ensure secure data processing. Organizations that embrace transparency, , and proactive privacy measures will remain compliant and position themselves as leaders in responsible data management. How to Create a Privacy-First Culture Learn how to build a privacy-first culture with expert insights on embedding data protection into business practices, enhancing compliance, and fostering trust. Managing Privacy Across the Organization Explore strategies for effectively managing privacy across your organization, from governance and risk assessment to compliance and cross-functional collaboration. ==================================================================================================== URL: https://trustarc.com/resource/streamline-dsr-requirements-with-ai/ TITLE: What is a DSR? Exploring its Role in Data Privacy and Security  | TrustArc TYPE: resource --- Every person leaves a trail of personal data—whether they realize it or not—and data subject requests (DSRs) give individuals the power to take control of that information. A DSR is a formal request that allows people to access, modify, or delete the personal data held by an organization. For privacy, compliance, technology, and security professionals, understanding DSRs is a cornerstone of ethical data stewardship. Understanding data subject requests A Data Subject Request is a formal appeal made by an individual—be it a consumer, customer, or employee—to access, modify, or delete their personal data held by an organization. This process is enshrined in various data privacy regulations (such as the GDPR and the CCPA), granting individuals the autonomy to manage their personal information Efficient handling of DSRs isn’t merely about ticking compliance boxes. It’s about building trust, showcasing transparency, and respecting user privacy. Mishandling these requests can lead to hefty fines and reputational damage. For instance, the Austrian Postal Service faced a $10.2 million fine for failing to fulfill data subject rights properly. What are the types of data subject requests? Navigating the maze of DSRs requires a clear understanding of their various forms, each addressing different aspects of data control: Individuals inquire about the personal data an organization holds about them. Requests to correct inaccurate or incomplete personal data. Also known as the “right to be forgotten,” individuals ask organizations to delete their data. Requests to limit the processing of personal data under certain conditions. Data portability requests: Individuals seek to obtain their data in a structured, commonly used format to transfer to another service. ndividuals object to processing their data, often in contexts like direct marketing. Automated decision-making and profiling requests: Requests related to decisions made solely on automated processing, including profiling. Efficiently categorizing and addressing these requests is paramount. Organizations should implement structured processes and leverage technology to manage the influx and variety of DSRs. Automated systems can help identify the type of request, assign tasks to relevant departments, and ensure timely responses. Data subject request requirements for organizations Effective DSR management is fundamental to responsible data governance. Organizations must establish clear, well-documented policies to ensure transparency, compliance, and trust. A structured DSR process safeguards personal data, prevents unauthorized access, and ensures timely responses, helping organizations avoid legal penalties and reputational risks. Each step is critical, from verifying identities to maintaining comprehensive records and enforcing strict data security protocols. By adhering to regulatory mandates and leveraging secure workflows, organizations can confidently handle DSRs while reinforcing their commitment to privacy and compliance. Embarking on the DSR compliance journey involves several critical components: Before retrieving data, organizations must verify the requester’s identity to prevent unauthorized access and data breaches. A structured approach ensures security while maintaining compliance with data protection principles. Authenticate the identity of the data subject upon receiving a request. To streamline the process, utilize existing authentication methods, such as password-protected accounts. Requesting additional information If there is reasonable doubt about the requester’s identity, request additional verification, such as matching information with existing records. Adhere to the principle of data minimization—only collect what is necessary to confirm identity. Cross-check provided details with internal records (e.g., email addresses or customer IDs). When appropriate, consider using third-party verification services to validate identity securely. Handling complex requests Under GDPR, organizations can extend the response timeframe by up to two months if a request is unusually complicated, provided organizations inform the requester of the delay. If a request is excessive or unfounded, organizations may deny it or charge a reasonable fee, as the law permits. Implement strict security protocols to prevent fraudulent requests. Be cautious when processing requests from third-party agents—ensure proper authorization before proceeding. If fraud is suspected, deny the request and document the justification. Documentation and compliance Maintain records of all verification steps to demonstrate compliance during audits or legal proceedings. Be prepared to cooperate with regulatory authorities and provide documentation if requested. By implementing these verification measures, organizations can ensure that only legitimate requests are processed, reducing the risk of unauthorized data exposure while maintaining compliance with global privacy regulations. Maintaining detailed logs of all DSRs is not just best practice—it’s a regulatory requirement. These records are evidence of compliance and can be invaluable during audits or legal disputes. Logs should detail the nature of the request, actions taken, and processing timelines, ensuring a transparent trail of accountability. Data security and retention policies during data subject request fulfillment demands robust security measures. Encryption, , and strict access controls are essential to protect data from unauthorized access or breaches. Additionally, organizations must have clear data retention policies, ensuring data is not held longer than necessary and is disposed of securely when no longer required. Understanding DSRs under GDPR and CCPA: A comparative glimpse General Data Protection Regulation (GDPR) California Consumer Privacy Act (CCPA) empower individuals with rights over their data, but there are nuances. Both regulations grant individuals the right to know what personal data companies collect and how they use it. Individuals can request the deletion of their personal data, though exceptions apply. Both laws mandate clear communication about data practices. GDPR applies to all data controllers processing the personal data of EU residents, regardless of the controller’s location. CCPA, however, is specific to organizations operating in California or dealing with California residents. GDPR provides a structured right to data portability, allowing data transfer between controllers. CCPA’s approach is less prescriptive. Right to object or opt-out: The GDPR’s right to object applies to all processing based on legitimate interests, while the CPRA’s opt-out applies only to the sale or sharing of personal information for targeted advertising. Thus, the GDPR’s right to object is broader than CPRA’s opt-out right. Under the GDPR and CCPA/CPRA, users have specific rights designed to protect their personal data and privacy. Here is a breakdown of these rights under each regulation: Individuals can access their data and obtain information about how it is processed. Users can request the correction of inaccurate personal data. Right to erasure (right to be forgotten): Individuals can request the deletion of their personal data under certain conditions, such as when it is no longer necessary for the original purpose of collection. Right to restrict processing: Users can request the restriction of processing of their data under specific circumstances. Right to data portability: Individuals can receive their data in a structured, commonly used, and machine-readable format and transmit it to another controller. Users can object to the processing of their personal data, including for direct marketing purposes. Rights related to automated decision-making: Individuals have rights concerning automated decision-making and profiling, including the right not to be subject to decisions based solely on automated processing. Consumers have the right to know what personal information is being collected, used, shared, or sold and for what purposes. With certain exceptions, individuals can request the deletion of personal information that an organization has collected about them. Consumers have the right to opt out of the sale of their personal information. Right to non-discrimination: Under the CCPA/CPRA, users have the right not to be discriminated against for exercising their privacy rights. The CPRA introduces the right to correct inaccurate personal information. Companies can reject correction requests if they verify that the data is accurate or the request lacks supporting documentation. Right to limit use of sensitive personal information: Consumers can limit the use and disclosure of their sensitive personal information (e.g., social security numbers, health data, financial account details). For a deeper dive into managing consumer rights requests under CCPA, check out TrustArc’s guide on handling consumer requests under CCPA CPRA enhancements to data subject requests The California Privacy Rights Act (CPRA), which took effect on January 1, 2023, expands the CCPA’s consumer rights and introduces additional requirements for organizations processing DSRs: Extended data retention and transparency requirements: Companies must inform consumers about data retention periods and cannot store personal data longer than necessary. CPRA broadens opt-out rights to include the “sharing” of personal information for cross-context behavioral advertising (not just the “sale” of data). The CPRA requires organizations to implement a visible opt-out mechanism for sensitive data use on its website. More vigorous enforcement via the California Privacy Protection Agency (CPPA): CPRA establishes a new regulatory body, the CPPA, which has enforcement powers separate from the Attorney General. These CPRA updates require organizations to adapt their DSR workflows to meet expanded consumer rights, particularly in data retention, opt-outs, and enforcement compliance. By integrating these changes, organizations can ensure they align with evolving privacy expectations and mitigate regulatory risks. Understanding the nuances between GDPR, CCPA, and CPRA for organizations operating across multiple jurisdictions is essential to developing tailored compliance strategies. A one-size-fits-all approach is no longer sufficient—organizations must continuously refine their privacy practices to meet the growing demands of global data protection laws while building trust and transparency with consumers. Handling DSRs from EU residents: GDPR’s extraterritorial scope and U.S. compliance obligations Under the GDPR, organizations outside the EU—including U.S. companies—may still be subject to GDPR compliance if they process the personal data of EU residents. This extraterritorial scope applies if a U.S. organization: Offers goods or services to individuals in the EU (even if no payment is required). Monitors the behavior of EU residents, including online tracking, analytics, or targeted advertising. When a U.S.-based company receives a data subject request from an EU resident, it should take the following steps: 1. Acknowledge the request promptly GDPR mandates that companies respond to DSRs without undue delay and within one month of receipt. Even if additional time is needed, organizations should acknowledge the request as soon as possible to avoid non-compliance risks. 2. Verify the identity of the requestor Before taking action, organizations must confirm the identity of the individual submitting the request. Verification prevents unauthorized access to personal data and aligns with GDPR’s security principles. Standard verification methods include: Matching the request with existing account credentials. Requesting additional identification, if necessary, while following data minimization practices. 3. Assess the request and identify exemptions Not all DSRs require full compliance. Companies should determine: The type of request (access, rectification, erasure, restriction, portability, or objection). Whether exemptions apply, such as legal obligations requiring data retention or overriding legitimate business interests. 4. Fulfill the request if applicable If the request is valid and no exemptions apply, the company must: Provide a copy of the individual’s personal data in a structured, commonly used, machine-readable format (for portability requests). Correct inaccuracies upon rectification requests. Erase personal data when requested—unless retention is legally required (e.g., tax records, contracts, fraud prevention). 5. Document the entire process Maintaining detailed logs of each DSR is essential for demonstrating compliance. Companies should document: Request details (e.g., type of request, submission date). Verification steps taken. Assessment and decision-making process. Actions performed or reasons for the denial. 6. Communicate clearly with the data subject Regardless of the outcome, organizations must inform the individual about: The actions taken in response to their request. Any justifications for denial (if applicable). Their right to file a complaint with an EU supervisory authority if they disagree with the outcome. 7. Review and update policies regularly To stay aligned with GDPR requirements, U.S. companies should: Conduct regular reviews of its data subject request handling procedures. Ensure their privacy policies explicitly address EU residents and include clear request submission instructions. Train employees on GDPR compliance and global privacy law trends. By following these best practices, U.S. companies can effectively manage DSRs from EU residents, mitigate legal risks, and uphold trust in their data protection practices. Solutions for managing data subject requests The complexity and volume of DSRs can be overwhelming, especially for organizations operating across multiple jurisdictions. However, can significantly streamline compliance by ensuring accuracy, efficiency, and security in request handling. Key features to look for in an automated data subject request solution When evaluating a DSR management platform, prioritize solutions that offer: Comprehensive request intake and tracking Centralized dashboard to manage DSRs from various channels (web forms, email, customer portals). Automated case tracking to monitor request status, deadlines, and escalations. Secure identity verification and fraud prevention Multi-factor authentication (MFA) or ID matching to verify requester identities. AI-powered fraud detection to flag suspicious or unauthorized requests. Automated data discovery and retrieval Integration with enterprise systems (CRM, HR, cloud storage) to locate and retrieve user data across platforms. AI-driven data classification to match requested information with the correct user profile. Jurisdiction-based compliance rules Dynamic workflows that adjust based on GDPR, CCPA, CPRA, LGPD, PIPEDA, and other privacy laws. Automated deadline calculations to ensure responses comply with regulatory timeframes (e.g., one month for GDPR, 45 days for CPRA). Automated decision-making for common requests Pre-configured templates for access, correction, deletion, and restriction requests. Auto-approval for straightforward cases while escalating complex or high-risk requests. Secure data delivery and redaction capabilities Encrypted file-sharing to deliver personal data securely. Automated redaction tools to remove sensitive, proprietary, or third-party data before fulfilling requests. Audit trails and compliance reporting Detailed logs of all request actions, including verification steps and response history. Exportable compliance reports for audits and regulatory reviews. global music corporation faced significant challenges keeping up with evolving privacy laws and managing the increasing number of data subject requests. Their existing manual process was inefficient, time-consuming, and prone to compliance risks. TrustArc’s Individual Rights Manager (IRM) —an advanced DSR automation platform to solve their challenges. The company accelerated response times to ensure global privacy law compliance and reduced manual workload by over 70%. By leveraging feature-rich DSR automation tools, organizations can reduce manual effort, improve accuracy, and enhance regulatory compliance at scale. Implementing AI-driven solutions simplifies data subject rights management and strengthens consumer trust by ensuring transparency and security in every request. Understanding data subject requests and GDPR The GDPR provides a robust framework for data subject requests, ensuring individuals have control over their personal data. Under GDPR, data subjects can request access to, correct, delete, or transfer their personal data. Organizations must process these requests transparently and within strict timelines to remain compliant. Key provisions related to DSR compliance Individuals can request that organizations confirm whether they are processing their data and provide a copy of their personal data. Users can request corrections to inaccurate or incomplete data. Individuals may request the deletion of their personal data under certain conditions, such as when the data is no longer necessary. Users can request processing limitations if they contest the data’s accuracy or deem the processing unlawful. Individuals can receive their personal data in a structured format and transmit it to another controller. Data subjects can object to data processing, particularly in cases of direct marketing. Unless exceptions apply, users can avoid decisions made solely on automated processing, including profiling. Implementing GDPR-compliant data subject request policies Organizations can align with GDPR by implementing the following: Establish structured internal processes for handling DSRs. Educate employees on GDPR requirements and user rights. Automate request intake, verification, and processing to ensure compliance. Conduct assessments to improve DSR response efficiency. Transparent communication: Inform users of their rights and how to exercise them through privacy policies and notices. What are the response times for data subject requests? GDPR compliance timelines One month from the receipt of a DSR. An additional two months if the request is justified under complexity or volume, with prior notification to the requester within a month. If the request is denied, the data subject must be informed within one month with justification and appeal options. CCPA/CPRA response requirements A one-time extension of 45 additional days, if necessary, with prior notice to the requester. However, CPRA introduces additional compliance obligations: Organizations must process correction requests within the same timeframe as access and deletion requests. If denying a correction request, the company must explain the reason and allow consumers to submit a statement of dispute. For requests to limit the use of sensitive personal information, organizations must comply promptly and provide a clear mechanism for opt-out requests (e.g., a dedicated link on their website). : Organizations must respond promptly, though no specific timeline is mandated. : Organizations must respond within 30 days, with a possible 30-day extension in specific cases. : Organizations must respond within 30 days of receiving a request. Additional jurisdictions: Austria: Response within 8 weeks. France: Response within 2 months. Germany: Typically, within 3 weeks. Ireland: No later than 40 days. Spain: Response within 30 days; effective access within 10 days of reply. How to handle and document data subject requests Managing DSRs effectively requires a structured approach to ensure compliance, security, and efficiency. From verifying identities to securely delivering requested data, each step plays a crucial role in safeguarding personal information while meeting regulatory obligations. Organizations can handle DSRs with accuracy, speed, and accountability by implementing transparent processes and leveraging automation. Here’s a breakdown of key steps to streamline data subject request management. Steps to manage DSRs effectively Prevent unauthorized access by confirming the requester’s identity using authentication protocols. Locate and compile relevant user data across systems. Legal and ethical assessment: Evaluate whether the request aligns with compliance standards. Provide the requested information in a secure format. Maintain detailed logs to document compliance. Leverage AI-driven tools to streamline processing and tracking. Automating the DSR process with AI for compliance Benefits of AI-powered data subject request solutions AI cross-references user data to verify identities efficiently. Reduces response times by automating retrieval and fulfillment. Ensures adherence to GDPR, CCPA, and other global laws. Manages high volumes of requests with minimal human intervention. Minimizes human errors through automated workflows. Empowering privacy with efficient DSR processes In the ever-evolving data privacy landscape, data subject requests are a testament to individual empowerment and organizational accountability. For professionals at the helm of privacy and compliance, mastering data subject request management is both a regulatory imperative and a trust-building endeavor. By understanding the nuances of various regulations, implementing robust processes, and leveraging advanced technologies, organizations can navigate the DSR landscape with confidence and integrity. Platforms like TrustArc’s Individual Rights Manager automate the entire DSR lifecycle—from intake and verification to fulfillment and documentation. These tools reduce manual effort and enhance accuracy by auto-assigning tasks based on request type and jurisdiction. FAQs about data subject requests (DSRs) Can an organization charge a fee for processing a DSR? Under GDPR, processing DSRs is free unless the requests are excessive or unfounded, in which case a reasonable fee may apply. Before charging a fee, an organization must carefully document why it classifies a request as excessive or unfounded. The CCPA prohibits fees but allows refusal for excessive, repetitive, or manifestly unfounded requests. How should a company handle a DSR from a former employee? Verify the requester’s identity and provide any retained personal data within legal timeframes. Inform the requester of any applicable exemptions if certain records must be retained for legal reasons. What steps should organizations take if they receive a fraudulent DSR? Organizations should have strong verification processes to prevent unauthorized data subject requests. If fraud is suspected, they can request additional verification, such as matching previously provided identification or requiring a notarized document. If fraud is confirmed, deny the request and document the reason for compliance purposes. Can an organization deny a DSR if it involves trade secrets or proprietary information? Yes, organizations can deny a DSR if fulfilling it would expose trade secrets, confidential business information, or violate another individual’s privacy rights. However, they must clearly explain the denial and, where possible, supply non-sensitive personal data that is not exempt. What is the best way to handle high volumes of DSRs? Organizations should leverage automation and AI-driven solutions to manage large volumes of DSRs efficiently. Privacy management platforms like TrustArc’s Individual Rights Manager help streamline request intake, verification, tracking, and fulfillment. Additionally, maintaining a standardized workflow, training staff, and having clear internal guidelines can improve efficiency and reduce compliance risks. How does CPRA change data subject requests for California consumers? CPRA expands consumer privacy rights beyond CCPA by introducing: The right to correct personal data. The right to limit the use of sensitive personal information. Stronger transparency rules require organizations to disclose data retention periods. A new enforcement agency (CPPA) with increased oversight over DSR compliance. To stay compliant, organizations must update their privacy policies, internal workflows, and automated DSR solutions to accommodate CPRA’s stricter requirements. ==================================================================================================== URL: https://trustarc.com/resource/creating-a-robust-data-incident-response-plan/ TITLE: Creating a Robust Data Incident Response Plan  | TrustArc TYPE: resource --- Data breaches are increasingly becoming not just a possibility but a probability in today’s digital-first world. For privacy and security professionals, creating a well-structured incident response plan is highly beneficial. The stakes are high, as breaches can lead to a number of adverse consequences including financial penalties, loss of business, reputational damage, and a loss of consumer trust. This article provides insights into data breaches, their distinctions from security incidents, notable examples, and considerations for developing a response plan to help mitigate associated risks. However, as always, we recommend consulting your privacy, data governance, and legal teams when drafting your plans. Before we discuss a data breach, it’s important to understand what it pertains to—specifically, (which may also be known as personal information (PI), personal data, or a number of similar constructs under applicable law). Generally, personal information can be defined as any information relating to an identified or identifiable natural ; an identifiable natural is one who can be identified, directly (e.g., name or identification number) or indirectly (e.g., location data or online identifiers). Personal information also includes factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of an (sometimes called a personal data or personal information breach), which is commonly defined under privacy or data protection laws. Generally it’s described as a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal information under an entity’s control. Data breaches can lead to a variety of potential harms for the affected individuals, such as identity theft, financial loss, and breach of subsequent systems (e.g., due to secondary attacks). How data breaches differ from security incidents While data breaches may be caused by a breach of security, the privacy aspects of a breach focus on the unauthorized access, handling, modification, or destruction of personal information. A security incident can cause numerous other issues such as unavailability, exposure of confidential non-personal information, etc. Involves unauthorized access, use, or disclosure of personal information. Examples include an employee improperly accessing customer records without authorization, mistakenly publishing confidential user data online, or exposing through an unprotected database. Involves threats or events that can or do compromise the integrity, availability, or confidentiality of data systems. Examples include a cyberattack that steals encrypted customer data, malware infecting an organization’s servers, or the theft of a company laptop containing unencrypted personal information. A security incident does not always result in a data breach. While a security incident may compromise data systems, a data breach specifically involves the unauthorized access, use, or disclosure of personal or confidential information. Incidents require investigation to determine if they resulted in a data breach. The two often overlap but require distinct (although often complementary) strategies to address and prevent. Standard phases of a data breach: The NIST Framework NIST Cybersecurity Framework , the standard phases of a data breach follow the four-step NIST Computer Security Incident Handling Guide (SP 800-61 Rev. 2). *There are newer phases defined under NIST however the phases listed here are being used as an illustrative explanation and baseline. Understanding these phases can help organizations align their incident response plan with a recognized industry standard. Establish incident response policies, tools, and procedures. Train employees on cybersecurity awareness and privacy best practices. Set up monitoring and detection systems to identify potential threats. Maintain up-to-date security controls to reduce risks. How this relates to your incident response plan: The preparation phase directly informs the foundation of your response plan, including defining legal and regulatory requirements, implementing third-party vendor management strategies, and ensuring proper communication protocols are in place before an incident occurs. 2. Detection and analysis Identify potential security incidents through monitoring systems, analyzing logs, and using tools to detect anomalies. Analyze incidents to determine their scope, impact, and severity. Document findings and escalate as needed. How this relates to your incident response plan: Incident categorization and testing become crucial in this phase. Establishing clear severity levels and knowing when to involve legal counsel or the privacy team ensures effective decision-making and escalation. 3. Containment, eradication, and recovery : Implement short-term and long-term strategies designed to prevent further damage (e.g., isolating infected systems and blocking malicious IPs). : Remove malware, patch vulnerabilities, and eliminate the root cause of the incident. : Restore affected systems, validate integrity, and resume normal operations. How this relates to your incident response plan: This phase aligns with your notification and remediation strategy. Ensuring proper breach notification, data recovery, and system integrity validation is essential to minimize impact and restore operations efficiently. 4. Post-incident activity (lessons learned) Conduct a post-mortem analysis to evaluate incident response effectiveness. Improve security measures based on findings. Update response plans and train personnel. Document lessons learned for future incident prevention. How this relates to your incident response plan: Post-incident learning and improvement are integral components of refining your privacy response strategies. Conducting feedback loops, establishing metrics for success, and ensuring board-level buy-in contribute to a continually evolving and effective response plan. By mapping incident response steps to these standard NIST phases, organizations can ensure their plans are comprehensive, structured, and aligned with established security frameworks. The growing importance of a data incident response plan With the increasing frequency and complexity of data breaches, having a well-prepared response plan is more crucial than ever. Reports indicate a significant rise in reported breaches globally, reinforcing the need for organizations to be proactive rather than reactive. Rising Data Breach Trends in 2024 Washington State Attorney General Report: latest annual report highlights an alarming surge in data breaches: 11.6 million data breach notices were sent to Washingtonians—exceeding the state’s population for the first time. The number of breaches affecting at least 500 individuals increased to , marking the second-highest count since 2016. Ransomware attacks now account for 78% of all reported breaches , up from 68% in 2023. Ransomware also made up 52% of all cyberattacks and 41% of total breaches. at Comcast and Fred Hutchinson Cancer Center each impacted over a million residents, the first time multiple large-scale breaches have been reported in a single year. Social Security numbers were compromised in 69.5% of all breaches, reaffirming its place as one of the most frequently targeted personal data types. France’s Data Protection Authority (CNIL) Report: in personal data breaches in 2024, with 5,629 incidents This underscores the growing challenge of protecting sensitive personal information across industries. The rising number and scale of breaches highlight the need for organizations to have a structured and effective response plan in place. Building your data incident response plan A robust incident response plan requires more than basic preparation—it calls for strategic categorization, a clear framework for action, and a focus on long-term learning. Privacy professionals, partnering with security professionals and other stakeholders, can ensure their plans are both actionable and resilient by focusing on several critical components, including legal compliance, communication strategies, and continuous improvement. 1. Assessing and containing incidents Understand the scope and cause: Assess the root cause of the incident and determine which systems, data, and assets were affected. This evaluation may be conducted internally or with the support of external specialists. Identify the owners of the impacted data and its nature to distinguish between privacy-focused and security-rooted incidents. Evaluate the type of personal data involved, the number of individuals affected, and the potential or theoretical risks (the “blast radius”), such as identity theft or financial fraud. Ensure that assessments account for how the exposure of specific data types can contribute to further risks or exploitation. Isolate affected systems and secure both digital and physical assets, including the data itself. Implement immediate measures to prevent further risk of harm, such as revoking unauthorized access, applying patches, or strengthening security controls. Determine whether the risk is ongoing or has been fully contained, and take appropriate action to mitigate further exposure. 2. Legal and regulatory requirements (data types and jurisdictions) Jurisdictional awareness: Understand and track the privacy regulations relevant to your organization that may apply in the event of a breach, such as . These laws often specify timelines, reporting thresholds, and procedures for notifying affected parties and authorities. If your organization operates across borders, adapt your response plan to comply with the laws of the jurisdictions it operates in and varying breach notification requirements. Be aware that legal obligations can vary between jurisdictions. For instance, every U.S. state has unique breach response laws, while regions like the European Union have overarching regulations that may supplement or supersede local rules. TrustArc’s Nymity Research and Breach Index can provide detailed guidance on these obligations. 3. Communication strategy Proper investigation and response channels: Ensure all data breaches are handled through designated, secure channels to maintain confidentiality and accuracy in investigations. Attorney-client privileged communications: Mark sensitive discussions, particularly those directed by legal counsel, as privileged to protect strategic legal responses and maintain compliance with regulatory requirements. Stakeholder communication: Identify internal and potentially external stakeholders who may need to receive communications. Proper notification internally may include IT, legal, compliance, and executive leadership. External notifications may involve insurance providers, outside counsel, law enforcement, regulatory authorities, or other relevant third parties. Maintain a regularly reviewed and updated contact list with each stakeholder’s name, job title, email, and phone number. Media and public relations: Develop a strategy to manage media inquiries and public perception making sure appropriate stakeholders review and approve public or external statements. Consider whether statements may jeopardize an investigation, break attorney-client privilege, harm the business, or be premature. While transparency and accountability are key to maintaining trust, avoid making definitive public disclosures until the situation is fully assessed. 4. Third-party vendor management Know your vendors and their data processing activities: Identify all vendors who have access to your organization’s data and understand what types of personal information they process. Maintaining a vendor inventory helps assess risks and ensures compliance with privacy laws. Verify that third-party vendors handling personal data have robust breach response plans. Regularly assess their compliance with privacy standards. Include clauses in vendor contracts specifying minimum baseline privacy and security controls, breach notification responsibilities, liability provisions, and obligations for data protection. This ensures that vendors meet regulatory requirements and align with your organization’s risk management strategies. 5. Breach categorization and testing Define clear categories for breaches based on severity, such as low, medium, and high risk. Each level should include different treatment, such as determining when legal counsel or the privacy team needs to be involved if the incident originated as a security incident. This helps prioritize responses and allocate resources effectively. Simulated testing and scenario planning: Conduct regular simulations, including tabletop exercises and breach response drills, to evaluate the plan’s effectiveness and identify potential gaps. These exercises should cover a range of scenarios, such as phishing attacks, employee errors, or technical failures, ensuring the team is prepared for diverse threats. 6. Technology integration Data identification and monitoring: Utilize advanced tools to first identify and classify data sources and types within your organization. Implement continuous monitoring systems to detect potential threats, assess actual risks, and flag anomalous activities in real time, ensuring proactive threat mitigation. Leverage incident response tools to streamline threat detection, logging, and reporting. Ensure your organization has access to forensic tools and expertise to investigate breaches and pinpoint their root causes. 7. Notification and remediation Transparency is essential and legally mandated in many cases. All communications should go through designated teams such as communications, public relations, and legal counsel to ensure messaging is clear, consistent, and aligned with regulatory requirements. Notifications should include details of the breach, steps taken to mitigate risks, and actions for individuals to protect themselves. Determine if law enforcement or government agencies need to be involved, especially if criminal activity is suspected. Using pre-approved templates will help ensure that notifications are structured, clear, and timely, reducing the risk of miscommunication. Provide affected individuals with support that is either required by law, customary (e.g., industry standard), or required under contract. Examples of remediation may include credit monitoring, identity theft protection, call centers with guidelines, tips on securing accounts, and other relevant assistance tailored to the nature of the breach. Address vulnerabilities that caused the breach with technical fixes or process improvements. 8. Post-incident improvement After resolving the incident, gather your team to review what happened and document lessons learned. Update your policies, training programs, and technologies in order to reduce the likelihood of occurrences. Evaluate the response of affected individuals to determine whether the notification and remediation processes, including how notices were communicated and received, were sensitive to regional and cultural expectations, especially in cases of global operations. Establish or consider revising existing benchmarks for evaluating your breach response plan’s effectiveness, such as reduced breach impact, improved response times, and enhanced stakeholder trust. If not already in place, conduct annual drills to ensure the response team is prepared and the response process is effective. If not already doing so, regularly present findings and updates to executives to secure ongoing support and resources for privacy initiatives. Reducing the risk of privacy breaches While a strong response plan is essential, prevention is even better. Strengthening security controls and implementing proactive measures can help reduce the likelihood of incidents. Key steps that may aid in risk reduction include: Regularly audit your systems, processes, and to identify vulnerabilities. Collect only the data you need and securely dispose of it once it is no longer required. Implement strict access management to ensure only authorized personnel can handle sensitive data. Use multi-factor authentication (MFA) to strengthen authentication protocols and reduce unauthorized access risks. Train staff to recognize phishing attempts, handle personal information securely, and report suspected incidents promptly. Encryption and monitoring: Encrypt data at rest and in transit to safeguard against unauthorized access. Implement real-time network monitoring to detect unusual activity before it escalates into a full-scale breach. Limit network access to authenticated devices to prevent attackers from moving laterally across systems. Regularly review your security measures through audits and assessments to ensure compliance with industry regulations. Conduct security audits of both internal measures and third-party vendors to identify vulnerabilities and enforce security standards. Building confidence in incident response In the words of Benjamin Franklin, “By failing to prepare, you are preparing to fail.” Privacy professionals must be proactive, not reactive. A robust incident response plan equips your organization to navigate the complexities of breaches and incidents with confidence, transforming what could be chaos into order—like turning a stormy sea into calm waters. Nymity Research and Breach Index Discover global requirements and access ready-to-use templates for breach reporting and response planning with our comprehensive Data Breach Index. Data Mapping & Risk Manager Streamline third-party risk management and protect your supply chain with tools to evaluate and address data security risks. ==================================================================================================== URL: https://trustarc.com/resource/2024-trustarc-global-privacy-benchmarks-report/ TITLE: 2024 Global Benchmark Report | TrustArc TYPE: resource --- 2024 Global Privacy Benchmarks Report TrustArc’s 5th Annual Global Privacy Benchmarks Report provides a comprehensive corporate view into privacy developments worldwide, including insights from our Global Privacy Index. In the current climate of digital transformation and compliance, the emphasis on risk and privacy remains crucial. Many companies have elevated their privacy initiatives and increased investments in data security and data protection as core components of their operational and growth strategies. While AI presents significant new challenges, enforcing a growing list of privacy laws has intensified, demanding higher due diligence and accountability from organizations. This report delves into how corporate priorities and strategies concerning privacy are shifting and underscores the integral role of privacy in maintaining public trust and organizational growth. The top three privacy risks for companies in 2024 are AI, brand reputation, and compliance. Maintaining brand trust remains the top privacy goal. Regulatory compliance follows closely as the second priority goal. Using dedicated privacy management solutions and principles based approaches to privacy results in the highest privacy competence scores. "Taking a principles based framework approach (e.g., Nymity PMAF, TRUSTe Enterprise) to privacy results in high privacy competence, with an average score of 74% on the Global Privacy Index, compared to a rules-based regulatory approach score at 56%." ==================================================================================================== URL: https://trustarc.com/resource/2022-global-privacy-benchmarks-report/ TITLE: 2022 Global Privacy Benchmarks Report | TrustArc TYPE: resource --- 2022 Global Privacy Benchmarks Report TrustArc’s 3rd Annual Global Privacy Benchmarks Report reveals a more complex and demanding privacy landscape, as organizations emerge from the pandemic into an environment of persistent regulatory change, cyber threats, and organizational strain. Drawing from over 1,400 responses worldwide, this report offers a critical lens on how privacy strategies are evolving and where confidence may be faltering. Unlike previous years, the 2022 report registers a dip in privacy confidence and competence. Although 90% of large enterprises have dedicated privacy offices, many struggle with under-resourced teams and fragmented program execution. While privacy remains a top organizational priority, translating strategy into success proves increasingly difficult in the face of rising global compliance demands, such as cross-border data transfer regulations and a patchwork of regional laws. New in this year’s report are deeper insights into privacy team structures, KPIs, and the use of purpose-built software solutions. TrustArc’s Global Privacy Index fell from a peak of 70% in 2021 to 50% in 2022, revealing a clear gap between executive optimism and the day-to-day reality faced by privacy professionals. 71% of organizations believe they must do more to improve privacy practices, especially amid declining stakeholder confidence. Only large enterprises (>$5B) maintained steady privacy competence scores; smaller firms saw sharp declines. ISO 27001 emerged as the most valuable compliance certification, while GDPR continues to lead in regulatory awareness. 42% of companies plan to invest over $1M in privacy, underscoring a growing recognition of privacy as a business enabler. “Respecting privacy is a cornerstone of trust, a central pillar on which brand reputation stands.” ==================================================================================================== URL: https://trustarc.com/resource/2021-global-privacy-benchmarks-report/ TITLE: 2021 Global Privacy Benchmarks Report | TrustArc TYPE: resource --- 2021 Global Privacy Benchmarks Report TrustArc’s 2nd Annual Global Privacy Benchmarks Report reveals a world in transformation, where privacy has become a business imperative, not just a compliance measure. With insights from over 1,600 professionals across roles and regions, this report tracks how large enterprises are evolving their privacy programs to meet the demands of a fast-changing regulatory and digital environment. In 2021, privacy competence surged. Organizations expanded dedicated privacy teams, increased investment in purpose-built privacy software, and integrated privacy deeper into business strategy. TrustArc’s Privacy Index shows that companies prioritizing privacy earn higher trust scores from employees, customers, partners, and the public. The report also offers a comparative view of regulatory knowledge and preparedness, with UK-based companies leading in GDPR and local law awareness. Spending on privacy rose dramatically, with nearly half of enterprises budgeting $1M+ annually, driven by the realization that trust and privacy go hand in hand. Privacy competence improved, with 83% of companies now having dedicated Privacy Offices, up 17% year-over-year. 90% of employees report confidence in raising privacy concerns without fear of reprisal. 75% of companies believe they still have room to strengthen privacy protections. Use of privacy management software rose, while reliance on DIY or free tools declined. “Privacy continues to be the cornerstone of good governance, risk and compliance—and by extension, of Environmental, Social, and Governance (ESG) practices.” ==================================================================================================== URL: https://trustarc.com/resource/2020-global-privacy-benchmarks-report/ TITLE: 2020 Global Privacy Benchmarks Report | TrustArc TYPE: resource --- 2020 Global Privacy Benchmarks Report TrustArc’s 1st Annual Global Privacy Benchmarks Report captures a pivotal moment in the evolution of global privacy, combining perspectives from over 1,500 privacy professionals across industries and regions, including the U.S., EU, UK, and beyond. Amid the unprecedented disruptions caused by COVID-19, privacy leaders faced growing pressure to adapt to new regulations like the CCPA while maintaining business continuity and trust. This report provides a first-of-its-kind benchmarking study that reveals how companies responded, with a mix of optimism and concern, toward data protection, compliance readiness, and emerging technologies. Key themes include the surge in remote work, increased third-party and data-sharing risks, uneven CCPA preparedness, and the critical role of purpose-built privacy management software. Notably, companies using such tools demonstrated significantly higher privacy confidence. The report also introduces TrustArc’s Privacy Confidence Indices, a global benchmark framework assessing leadership, operations, and stakeholder trust in privacy efforts. 83% of organizations increased privacy efforts in response to new regulations, training, and policy updates. Only one-third of companies used automated privacy or GRC software, but those who did reported stronger privacy outcomes. COVID-19 led to increased privacy risks, with 62% of organizations shifting to remote work and many adjusting privacy strategies in response. CCPA awareness was surprisingly low. Only 45% of respondents claimed little to no knowledge months before enforcement. Forward-thinking firms viewed privacy as a competitive differentiator, not just a compliance task. “Forward-thinking companies have seized on privacy as a strategic opportunity for gaining a competitive edge.” ==================================================================================================== URL: https://trustarc.com/resource/2023-global-privacy-benchmarks-report/ TITLE: 2023 Global Privacy Benchmarks Report | TrustArc TYPE: resource --- 2023 Global Privacy Benchmarks Report The 2023 Global Privacy Benchmarks Survey of over 2,000 privacy professionals found privacy continues to increase in importance for organizations, with most companies prioritizing privacy-related activities and investing more in data security. In the fourth year of the survey, we witnessed a slight increase in the percentage of enterprises with dedicated privacy teams, and along with this finding, a modest increase in the Privacy Index. In the era of digital transformation and the proliferation of sensitive data, managing privacy risk is increasingly vital for organizations. The report reveals that companies are prioritizing privacy-related activities and investing more in data security as part of their operational and growth strategies. However, data breaches and the challenges of complying with regulations such as GDPR and CCPA continue to pose significant threats. 10 privacy insights impacting organizations in 2023, including AI as the top emerging privacy challenge for executives The number of organizations passing (and failing) on the Global Privacy Index and the top indicator for success Insight into how organizations allocate privacy budgets “Three quarters (74%) believe their companies can do more when it comes to strengthening privacy. Interestingly, this sentiment has modestly increased, not decreased, over the past year.” ==================================================================================================== URL: https://trustarc.com/resource/forrester-tei-roi-of-privacy-report/ TITLE: Forrester TEI ROI of Privacy Report | TrustArc TYPE: resource --- Forrester TEI ROI of Privacy Report Cost savings and business benefits enabled by TrustArc Forrester’s Total Economic Impact Study (TEI) finds a customer ROI of 126% with a total benefit of $2.08M when using the TrustArc Platform. TrustArc commissioned a Forrester study to analyze the potential benefits of using our platform and the Forrester team found ROI linked to efficiency, compliance and decreased cost in data breaches. Total benefit of over $2M over three years Reduction in time to comply with privacy laws by 75% Reduction in privacy incidents by 80% representing a cost savings of $3M Time to compliance: Down from eight to just three weeks Before using TrustArc the customer’s processes were highly manual, inefficient and spreadsheet based. Now, with the automation of the TrustArc platform, time to compliance has been reduced by 75%. “Using the suite of TrustArc tools is incredibly important to us to document and track compliance with our global privacy program.” Chief compliance officer, industrial company ==================================================================================================== URL: https://trustarc.com/resource/survey-series-reflecting-consumer-and-professional-views-on-privacy/ TITLE: Survey Series: Reflecting Consumer and Professional Views on Privacy TYPE: resource --- Survey Series: Reflecting Consumer and Professional Views on Privacy Consumer privacy awareness isn’t always enough New research shows a growing gap between what consumers expect from privacy protections and what businesses actually deliver. TrustArc’s latest Privacy Pulse Survey Report compares the views of 300 consumers and 300 professionals across North America and Europe, uncovering major disconnects around third-party data sharing, informed consent, and regulatory preparedness. Despite increased awareness, many consumers still struggle to protect their personal data effectively. Meanwhile, businesses acknowledge the importance of consumer consent, but enforcement and consistency are lacking. This report unpacks where progress has been made—and where serious vulnerabilities remain. Download the survey findings to better understand the evolving privacy landscape and the urgent need for greater transparency, control, and trust. Discover how consumer awareness impacts real-world privacy behavior and decision-making. Understand where businesses are falling short in managing third-party data practices. Learn why regulatory preparedness varies—and what this means for consumer protection and compliance. “Consumers may be getting smarter about their data, but many still feel powerless in the face of complex tracking systems and hidden data-sharing agreements.” ==================================================================================================== URL: https://trustarc.com/resource/webinar-2025-global-privacy-benchmarks-survey/ TITLE: 2025 Global Privacy Benchmarks Survey: Trends and Perspectives TYPE: resource --- 2025 Global Privacy Benchmarks Survey: Trends and Perspectives How does your privacy program compare to your peers? What challenges are privacy teams tackling and prioritizing in 2025? sixth annual Global Privacy Benchmarks Survey , we asked global privacy professionals and business executives to share their perspectives on privacy inside and outside their organizations. The annual report provides a 360-degree view of various industries’ priorities, attitudes, and trends. See how organizational priorities and strategic approaches to data security and privacy are evolving around the globe. This webinar features an expert panel discussion and data-driven insights to help you navigate the shifting privacy landscape. Whether you are a privacy officer, legal professional, compliance specialist, or security expert, this session will provide actionable takeaways to strengthen your privacy strategy. This webinar will review: The emerging trends in data protection, compliance, and risk The top challenges for privacy leaders, practitioners, and organizations in 2025 The impact of evolving regulations and the crossroads with new technology, like AI Predictions for the future of privacy in 2025 and beyond This webinar is eligible for 1 CPE credit. Head, Customer Enablement & Principal, Data Privacy, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/us-state-privacy-compliance-framework/ TITLE: Framework Approach to U.S. Privacy Laws | TrustArc TYPE: resource --- From Patchwork to Practicality: A Framework-Based Approach to U.S. State Privacy Compliance Streamline U.S. Privacy Compliance With a Scalable Framework Say goodbye to compliance chaos. With 20 U.S. state privacy laws—and more on the way—reactive, state-by-state compliance is a costly game of regulatory whack-a-mole. This guide shows you how to break the cycle using a scalable, framework-based approach. Discover how TrustArc’s Nymity Privacy Management Accountability Framework (PMAF) can help you streamline operations, reduce legal risk, and prepare for what’s next in data privacy. Download the ebook to turn fragmented compliance efforts into a unified, future-ready strategy. Eliminate patchwork inefficiencies with a centralized compliance strategy grounded in the Nymity PMAF. Adapt quickly to new laws and future-proof your privacy program across 20+ U.S. jurisdictions. Reduce risk and overhead by standardizing governance, consumer rights management, vendor oversight, and regulatory reporting. “The fragmented patchwork of U.S. state privacy laws could cost U.S. businesses over $1 trillion in the next decade.” — Information Technology and Innovation Foundation ==================================================================================================== URL: https://trustarc.com/resource/ultimate-guide-to-getting-started-in-privacy/ TITLE: Getting Started in Privacy | TrustArc TYPE: resource --- The Ultimate Guide to Getting Started in Privacy Master Privacy Compliance with Proven Strategies, Practical Tips, and Expert Insights Start your privacy journey with a complete guide that covers the essentials of privacy compliance. Learn the fundamental principles, build a robust privacy program, and master critical areas such as risk assessment, data classification, and breach response. Stay ahead of data protection regulations and create a privacy-first culture within your organization by downloading the ultimate guide. Establishing a unified privacy framework that simplifies compliance, minimizes risk, and ensures seamless data protection across your organization. How to strengthen your organization’s security posture with a proactive, systematic approach to identifying, evaluating, and mitigating data security risks. Learning how to understand complex privacy regulations with confidence by mastering key terms, concepts, and definitions essential for data protection compliance. ==================================================================================================== URL: https://trustarc.com/resource/roi-state-privacy-law/ TITLE: The Instant ROI of Moving Away from a State-by-State Privacy Law Approach | TrustArc TYPE: resource --- Consumer data and state privacy laws vary greatly and are constantly changing. It’s difficult for organizations to make sense of all the rules and regulations — which leaves many businesses unknowingly vulnerable to heavy regulatory fines. State privacy laws change fast, your team is struggling to keep up of state privacy laws can be a daunting task for any organization — especially those with customers who reside in different states. Many states develop custom laws specific to their citizens, and those laws constantly change on a variety of different legislative session timelines. For teams in charge of implementing privacy procedures, this is a heavy burden. Efforts are often unnecessarily duplicated to comply with new laws , and business processes are completely disrupted to conform to legislative updates. Most times, this leads to very time-consuming and expensive projects. Organizations often hire consultants specific to certain privacy laws or implement solutions to meet the control requirements in a single law. Instead, we recommend a holistic approach to see where a single effort could knock out multiple state legislation requirements. Save time and money with A framework approach To sift through the chaos, it’s important to leverage the work that you’re doing to comply with one law to help you comply with others. This is called a TrustArc’s tools outline the specific state privacy laws that impact your business and stack them against each other to evaluate similarities and differences. Every element of the legislation is included within TrustArc — there’s no need for your organization to hire a legislative expert internally. From there, our tools guide your team to manage the laws cohesively — which is significantly easier than trying to tackle each as a one-off. Plus, it prevents your team from accidentally overspending on implementing multiple solutions to tackle the same guidelines in multiple states. From Patchwork to Practicality: A Framework-Based Approach to US State Privacy Compliance offers practical tips to keep all of this information straight so you don’t lose time or money. Invest in the right technology Managing this legislation is an ongoing process, as new state privacy laws are constantly being introduced. Technology tools can make the process of tracking those laws significantly easier. Your team can receive automatic alerts about new legislation that will impact your business, leaving you with plenty of time to prepare. With a better sense of what is being introduced, and what is close to being passed, your team can update privacy practices accordingly. Well before the threat of any regulatory fine starts looming. With so much happening in the world of privacy legislation, it’s essential to have a solution that helps you know where you stand and know what you need to do. , have visibility into your business and privacy program with a solution that dynamically monitors state privacy laws so you don’t have to. ==================================================================================================== URL: https://trustarc.com/resource/what-is-gdpr-compliance-rules-regulations/ TITLE: What is GDPR Compliance? Rules & Regulations | TrustArc TYPE: resource --- In the current digital age, businesses are amassing an unprecedented amount of data and personal information from data subjects. As a result, there is a more significant need for data protection due to the ever-increasing concern for potential data breaches and privacy concerns. The European Union (EU) introduced the General Data Protection Regulation (GDPR) to address these growing concerns. The GDPR is one of the most stringent data protection and privacy laws, and it aims to empower individuals with greater control over their data while simultaneously holding organizations accountable for handling and processing customer data. For businesses operating in the EU, it is essential to understand and comply with the privacy laws of GDPR. Organizations that aren’t able to comply will face both financial penalties and reputational damage. Prioritizing GDPR compliance is not only about protecting data but also assists in building trust with customers, clients, and partners in this increasingly data-driven world. The GDPR was introduced in May 2018, replacing the outdated Data Protection Directive 94/56/EC. The law applies to all EU member states and organizations outside of the EU that handle EU people’s personal data. When the EU decided to implement GDPR, they took a strong stance on the protection of data privacy and the security of their people (i.e., data subjects). The GDPR aims to protect “personal data,” this includes: The EU takes this stand due to the technological advancement of the internet. A desire for greater business value has caused companies to increase the collection and processing of sensitive data. With this advancement, there are concerns regarding personal data breaches, identity theft, and misuse of personal data. As a result, the previous laws can’t protect EU residents sufficiently. By implementing GDPR, the people of the EU can feel at ease. The law provides a more robust and comprehensive data protection law. The purpose of the GDPR’s implementation is to: Provide increased protection of individuals’ data. Grant more significant control over the use of their information. Establish a streamlined set of regulations across the EU regarding data protection laws and enforcement. Until today, GDPR has created a more transparent, accountable, and secure environment for processing personal data. It has made a huge difference! Even states in the United States strive for similar privacy protection with their new privacy laws. GDPR data protection principles Understanding its seven data protection principles is essential for comprehending GDPR compliance. Lawfulness, Fairness, and Transparency: Companies must process personal data lawfully, fairly, and transparently. Data collected should be processed and used for the legitimate and specified purpose explained to the subject when it was collected. Only retain data if relevant, adequate, and needed for its intended purpose. Companies need to keep personal data up-to-date and accurate. Only store personal data for as long as needed for its intended purpose. Integrity and Confidentiality: Organizations need to have appropriate security, integrity, and confidentiality measures in place to protect personal data responsible for demonstrating GDPR compliance and maintaining records of data processing activities. companies should also be aware of The Schrems II ruling addresses transferring personal data from the EU countries outside the European Economic Area (EEA). However, since there is a new EU-US Data Privacy Framework in place , the EU has granted the United States data transfer adequacy once again. If data transfers are necessary for your business, it’s a good idea to consult legal counsel about the best data transfer mechanism requires companies to have records of their processing activities. This article explicitly states the importance of having a record of processing activities (ROPA) to meet GDPR requirements adequately. Data inventory and mapping, while not expressly required, can help record this. With all the information above, you may still need clarification about whether GDPR applies to your business. Three situations your company might want to consider include: GDPR is applied to businesses in the EU and EEA that process personal data, regardless of where the data processing is taking place. Learn more about whom GDPR applies to in, When, Where, & Who Does GDPR Apply to? Organizations are responsible for complying with GDPR when they process the personal data of EU/EEA residents, regardless if a payment occurs. Including online businesses, , and service providers who handle this information. GDPR applies to organizations that process the personal data of EU/EEA citizens to monitor their behavior. Tracking online activities such as cookies or targeted ads are included. Why is GDPR compliance important for organizations? GDPR compliance is essential for businesses everywhere as it can help provide the best framework to protect individuals’ privacy and personal data. Organizations can build trust with customers, partners, and stakeholders by demonstrating their commitment to guard sensitive personal data and respect individual rights. Businesses operating in the EU and EEA should advocate to ensure their business is GDPR compliant. It helps avoid fines and penalties related to non-compliance and creates a positive reputation that can give your business a competitive advantage. Considering today’s data privacy-aware consumers, demonstrating also assists in retaining these customers. Impact of GDPR on businesses GDPR is also vital due to the impact that it has on companies. With the significant changes to data protection it brought to businesses worldwide, organizations need to understand better how to handle data to stay compliant. Some ways we can see that GDPR impacted organizations include: Increased data protection compliance Individuals now have more control over their data More difficulty with cross-data border transfers Larger fines for non-compliance Impact on marketing practices GDPR in the US: Impact of GDPR compliance for US companies: Despite GDPR originating in the EU, it is not solely an EU concern and significantly impacts US companies. Some ways GDPR affects US companies include: – US companies that collect or store the personal data of EU citizens must be GDPR compliant; otherwise, they face the same legal implications as EU companies that are not compliant. – Since GDPR has set a higher bar for data protection, privacy, and security, US companies that operate in the EU will improve their data handling skills. International data transfers – Companies that transfer personal data from the EU to the US must comply with GDPR’s data transfer restrictions. Implementing data transfer mechanisms, such as SCCs or BCRs, ensures lawful data transfers and avoids potential disruptions in business operations. How to execute marketing under GDPR regulations Marketing under GDPR requires businesses to adopt a privacy-centric approach that puts customers and prospects first. To ensure GDPR aligns with marketing efforts that focus on data protection, companies should look to: Obtain explicit consent before processing personal data for marketing purposes Offer opt-out options for marketing communications Only collect the minimum information necessary for marketing campaigns to protect customer data from data breached Educate the marketing department on GDPR best practices If marketing activities involve third-party vendors, they also need to be GDPR compliant GDPR regulations enforcement and penalties for non-compliance For those not in compliance with GDPR but operating in the EU, there will be severe consequences for their business, not only in the form of penalties but also in the form of reputational damage. Up to 10 million euros or 2% of global turnover (whichever is higher) for less severe violations such as incorrect record keeping or failure to notify of a personal data breach. Up to 20 million or 4% of global turnover (whichever is higher) for more severe violations such as breaches of individual rights, failure to obtain proper consent, or unlawful data processing. How TrustArc can help protect your business assets As you may have noticed, ensuring GDPR compliance is crucial for businesses operating in the EU. To help achieve GDPR compliance, TrustArc offers comprehensive solutions that can help transform your business and protect your financials and reputation from risk. Automate your privacy program Explore PrivacyCentral: an all-in-one solution to help you automate tasks to ensure GDPR compliance. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. ==================================================================================================== URL: https://trustarc.com/resource/protecting-privacy-powering-ai-personalization/ TITLE: Cracking the Code: Protecting Privacy While Powering AI Personalization | TrustArc TYPE: resource --- Artificial intelligence (AI) is transforming the way organizations interact with their customers. Through advanced personalization, AI delivers tailored experiences, anticipates user needs, and drives engagement. But while AI personalization can boost customer satisfaction and business outcomes, it also poses significant privacy challenges. Central to these challenges is the principle of data minimization — the practice of collecting and processing only the data necessary for a specific purpose. For privacy, compliance, and security professionals, the task is clear but complex: balance the allure of AI personalization with the fundamental requirement of This article explores the nuances of AI personalization, the importance of data minimization, and actionable strategies for organizations to strike the right balance. Whether you’re a privacy professional navigating regulatory landscapes or a compliance officer focused on avoiding penalties, this guide offers insights and tools to help you manage AI responsibly. What is AI personalization? involves using AI to customize experiences, services, and products based on user data. From product recommendations on to curated content on streaming services, AI tailors interactions to individual preferences and behaviors. It does so by analyzing vast datasets to identify patterns, predict needs, and deliver relevant, timely outcomes. However, this data-driven customization often requires significant amounts of personal information. AI systems thrive on data, but therein lies the rub: how much data is too much? What is data minimization, and why is it critical? is a cornerstone of modern privacy laws, including the General Data Protection Regulation (GDPR) California Consumer Privacy Act (CCPA) . The principle is straightforward: collect only the data necessary for a specific purpose and retain it only as long as needed. By limiting data collection, organizations reduce risks such as breaches, misuse, and regulatory penalties. AI, however, complicates this principle. The need for large datasets to train models, especially advanced systems like large language models (LLMs), can clash with the imperative to minimize data. This tension brings data minimization into sharp focus , particularly in an era where data is often seen as the “new oil” for AI development. The importance of balancing AI personalization with data minimization Why is this balance so critical? Here are five key reasons: Exercising data minimization can lower the risk of collecting and processing personal and (highly) sensitive information, safeguarding individuals from potential harm caused by breaches or unauthorized use. Regulations like GDPR mandate data minimization. Non-compliance can result in hefty fines, reputational damage, and loss of customer trust. Transparency about data collection fosters trust. Customers are more likely to engage with businesses that prioritize their privacy. AI personalization can inadvertently lead to ethical dilemmas, such as reinforcing biases. Data minimization helps mitigate these risks by focusing on necessary and relevant data. Collecting and storing excess data is costly. Minimizing data reduces storage needs, streamlines processing, and improves overall efficiency. In short, balancing personalization with minimization isn’t just a compliance exercise — it’s a strategic imperative. Challenges in balancing AI personalization and data minimization Organizations face several hurdles in achieving this balance: Data volume vs. Necessity AI models often require extensive datasets for training. Determining what is truly necessary versus “nice to have” can be subjective and contentious. AI systems adapt and evolve, sometimes requiring new data uses that were not initially anticipated. This can make compliance with minimization principles tricky. Transparency and explainability Many AI systems function as “black boxes,” making it difficult to explain how and why specific data is used. Lack of transparency can erode trust and complicate compliance efforts. Effective bias detection often requires diverse datasets, but data minimization can limit access to such data. This trade-off can undermine the fairness and accuracy of AI models. Operating across multiple jurisdictions means navigating a plethora of privacy laws, each with unique requirements for data minimization. Users expect highly personalized experiences but may balk at excessive data collection. Striking the right balance is essential to meet these expectations without overstepping privacy boundaries. Practical steps for balancing AI personalization and data minimization To address these challenges, organizations can adopt the following strategies: Establish a specific purpose for data collection. For example, if the goal is to recommend products, focus on collecting relevant transactional data rather than broader personal information. Implement data protection by design into AI development from the outset. Ensure systems are designed to process only the data necessary for their intended purpose. Train AI models on anonymized or pseudonymized datasets whenever possible. Techniques like differential privacy and federated learning can help balance utility with privacy. Periodically review data processing activities to ensure compliance with minimization principles. Regularly ask: “Is this data still necessary for our objectives?” Leverage privacy-enhancing technologies Adopt tools such as synthetic data and encryption methods to minimize data collection while preserving AI functionality. Provide transparency and control Be upfront with users about data usage. Offer opt-in mechanisms and customization options to empower users to control their data. Equip teams with knowledge and tools to implement data minimization effectively. A well-informed team is a powerful asset in navigating complexities. Engage in Data Protection Impact Assessments (DPIAs) to identify and mitigate risks associated with AI personalization. Update these assessments as AI systems evolve. Striking the perfect balance: Building confidence in AI and privacy Balancing AI personalization with data minimization is not a one-time task — it’s an ongoing journey. As AI technologies and privacy regulations evolve, organizations must remain agile, adapting their practices to meet new challenges. Think of it like packing for a vacation. Take only what you need to make the trip enjoyable and efficient—too little, and you’ll be unprepared; too much, and you’ll be weighed down. Similarly, with data, collect just enough to fuel AI personalization while keeping operations agile and privacy intact. By implementing the strategies outlined above, organizations can build trust, foster innovation, and navigate the delicate balance between AI personalization and data minimization. For privacy professionals, this balance is not just a regulatory requirement — it’s a critical step in securing the future of responsible AI. Stay ahead of the curve and maintain continuous compliance with this straightforward roadmap to managing AI technology within your organization. Discover key pillars of AI risk governance and how to implement them effectively to build a strong, ethical AI ecosystem. Access detailed insights and templates to help your organization manage the responsible use of AI. Improve AI governance and simplify your privacy program management. ==================================================================================================== URL: https://trustarc.com/resource/data-protection-customer-loyalty/ TITLE: Data Protection to Build Astonishing Customer Loyalty | TrustArc TYPE: resource --- Consumer data undeniably transforms businesses, offering insights into behavior and preferences and enabling organizations to create a more tailored and targeted online experience. In theory, companies have long been responsible for managing the data they collect to ensure privacy and security. And today, there are laws regulating data protection. Despite this, studies show that consumer trust in organizations and their data protection policies is still , particularly among millennials. Why collect consumer data? The consumer data you collect creates both an opportunity for organizations and a responsibility. The opportunity: to improve your consumer engagement. The responsibility: to keep consumer data safe. The opportunity: To improve consumer engagement Data collected from consumers might include location tracking and other personally identifiable information. Some of the most common forms of consumer data collected are: IP addresses to determine a user’s location Information about how the user interacts with websites: for example, what they click on and how long they spend on a page Information about browsers and the device the user accesses the site with Browsing activity across different sites. This data is immensely valuable to companies. Many organizations, for example, use this data to better understand consumer pain points and unmet needs, as well as shopping habits and interests. These insights help companies to develop new products and services. Consumer data is also used for personalization in the hugely lucrative industries of advertising and marketing – the total global value of digital advertising is now estimated to be worth more than The responsibility: To keep consumer data safe and tech, consumers today are faced with a plethora of situations where they’re required to hand over personal information – from financial information to medical records – online. This bombardment, paired with the fact consumers are increasingly savvy, means they are now demanding to know what information they are handing over, and how it is being used and stored. Consumers want to be reassured their personal data is protected, and rightly so. Explaining why your organization wants their information, what you’re going to do with it, and who can access it. This needs to be done before any data is collected Giving consumers opportunities to opt out of having certain information collected or shared Providing cybersecurity and privacy process measures that ensure information isn’t exposed by bad actors or human error, and telling your consumers about it. A lack of transparency in the past – and major data breaches – have left consumers skeptical of whether organizations are managing and protecting their personal data appropriately. most consumers believe their data is less secure today than ever before. The stakes are high for companies handling consumer data. Even consumers who are not directly affected by breaches pay attention to the way companies respond to them. With an increased focus on consumer rights, regulators and consumers are now legally able to proactively monitor an organization’s ability to show compliance. Over the past few years, privacy regulations focused on consumer rights and protections have strengthened. This is in large part thanks to the passing of regulations, including the: Many other data protection regulations are in the pipeline around the world. In fact, it’s estimated that 65% of the world’s population will have its personal data covered under modern privacy regulations by 2023, up from 10% in 2020, according to Gartner. Generally, these regulations will be in line with, or inspired by, the GDPR. Regulations today signal a shift in expectations between consumers and organizations. Consumers demand transparency about how their data is used and distributed. People are becoming less willing to give out their personal information. As a result, businesses are finding it harder to gain and maintain consumer trust Data protection as a business advantage In business, few things are as vital to a company’s success and growth as its brand reputation. More often than not, reputation depends on the trust between a consumer and a brand. When a brand makes a genuine, honest connection with a consumer, it This is the basis of a consumer–brand relationship and it has the potential to give an organization a competitive advantage. Data protection has become such a vital part of trust between consumers and organizations that it’s even influencing people’s purchase behavior. shows consumers would rather buy from organizations that protect their privacy than those that don’t. more willing to use their purchasing power on brands that manage consumer data responsibly. Conversely, the vast majority of study respondents said they would not do business with a company if they had concerns about its security practices. they would stop doing business with a company if it gave away sensitive data without permission Organizations today should see data protection and privacy less as barriers and more as benefits for trust-earning potential – and a competitive edge in the market. Four ways to build consumer trust Consumers want a quick, accurate and on-brand response when it comes to data collection and data security. Organizations can provide complete transparency by maintaining an up-to-date data cookie policy. As part of this, websites should display the appropriate consent banner based on the consumer’s location. Then, take the following steps to stay on top of data protection and privacy, and keep building consumer trust: Find out exactly what is on your website. Gain a comprehensive understanding of your website’s tracking behavior , including identifying compliance risks, and managing trackers for consent, to deliver a secure and fast digital experience. Display a seamless and compliant consent experience. Meet global consent requirements and tailor the consent experience to align with your company’s brand. Automate the data subject request lifecycle through automated workflows. You should also dynamically assess requests to deliver accurate, secure and on-brand responses to your consumers. Stay informed on the latest privacy changes. Leverage TrustArc’s customizable regulatory guidance dashboard and personalize the guidance based on your business to deliver the best privacy experience continuously. Once your organization has completed these steps, it should let consumers – and the world – know about it. It doesn’t matter if you have the best privacy program in the world. If your customers don’t know about it, then it’s not gaining you any loyalty or competitive advantage. Weave your commitment into all your messaging, until it becomes a key part of your brand reputation. Given the right value proposition, consumers are willing to share their personal information. Prioritizing data privacy is the fastest, most effective way to tap into that willingness and increase trust from your consumers. ==================================================================================================== URL: https://trustarc.com/resource/webinar-navigating-apac-data-privacy-laws-compliance-and-challenges/ TITLE: Navigating APAC Data Privacy Laws: Compliance & Challenges TYPE: resource --- Navigating APAC Data Privacy Laws: Compliance & Challenges The Asia-Pacific (APAC) region has a diverse and rapidly evolving data privacy landscape, with countries implementing and updating regulations to protect personal data and regulate cross-border transfers. As data privacy regulations continue to evolve across this wide region, organizations must stay informed and agile to ensure compliance. Our leading privacy and legal experts will discuss APAC’s key regulations, enforcement trends, and compliance strategies: China’s PIPL, India’s DPDPA, Japan’s APPI, Singapore’s PDPA, Australia’s Privacy Act, South Korea’s PIPA Thailand’s PDPA, and more. Moreover, the launch of the Global Cross-Border Privacy Rules (CBPR) on June 2, 2025, introduces significant implications for companies based in the Asia-Pacific (APAC) region, particularly those engaged in cross-border data transfers. Indeed, it offers APAC companies a structured and internationally recognized approach to managing cross-border data transfers, enhancing their global competitiveness and compliance posture. Whether you operate in APAC or work with global data flows, this session will provide the essential knowledge you need to navigate compliance confidently. This webinar will review: An overview of major APAC privacy laws The consequences of the recent Global CBPR launch on your business Compliance challenges and enforcement trends Practical steps to mitigate risks and align with regional requirements This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Managing Director, Asia-Pacific, Future of Privacy Forum Senior Manager, Privacy & Data Policy, Centre for Information Policy Leadership (CIPL) ==================================================================================================== URL: https://trustarc.com/resource/consent-management-platforms-trends-and-insights/ TITLE: Consent Management Platforms: Emerging Trends and Insights | TrustArc TYPE: resource --- In today’s digital landscape, consent management platforms have become indispensable tools for businesses striving to navigate the intricate web of global privacy regulations, technological advancements, and heightened consumer awareness. As data privacy takes center stage, understanding the evolving trends in consent management is crucial for privacy and compliance professionals.​ What is a consent management platform (CMP)? Consent Management Platform (CMP) is software that enables organizations to collect, manage, and document user consent for data processing activities. CMPs ensure compliance with privacy laws such as the California Consumer Privacy Act (CCPA) Must-know consent management market trends data privacy regulations tighten and consumer expectations evolve, Consent Management Platforms are rapidly advancing to meet new demands. Businesses are no longer just seeking compliance—they are striving to create seamless, user-friendly, intelligent consent experiences that enhance trust and minimize friction. From AI-driven automation to real-time data processing and enhanced interoperability with marketing and compliance tools, beyond essential compliance checkboxes. The future of consent management lies in dynamic, adaptive solutions that balance regulatory obligations with consumer convenience, making privacy a core component of digital strategy rather than an afterthought. AI-driven consent solutions Artificial intelligence enhances CMPs by enabling real-time compliance monitoring and adaptive consent experiences. AI algorithms can predict user preferences, streamline consent processes, and reduce compliance risks.​ Enhanced interoperability Consent management platforms have increased their integrations with marketing and compliance tools, facilitating seamless data flow between systems. This interoperability ensures consistent consent management across various platforms and enhances operational efficiency.​ Real-time data processing The demand for immediate data processing has led CMPs to adopt real-time capabilities, allowing businesses to promptly respond to user consent changes and maintain up-to-date compliance records.​ User-friendly privacy experiences Consumers demand better privacy experiences, and businesses can no longer get away with walls of legalese hidden in endless pop-ups. Most privacy consent banners feel like an ‘I Agree’ speed trap designed to rush users through compliance without real choice. But this outdated approach is changing. Think of it like Netflix’s recommendation engine but for privacy. Instead of forcing users to dig through complex settings, CMPs are shifting toward innovative, intuitive interfaces that personalize privacy settings based on user preferences. If you binge-watch sci-fi thrillers, Netflix knows to recommend The Great British Bake Off . Similarly, modern consent management platforms are evolving to remember user preferences, reducing friction while ensuring regulatory compliance. From one-click consent management to granular privacy dashboards, businesses realize that a seamless, consumer-friendly experience isn’t just a compliance requirement but a . In the new era of data privacy, the companies prioritizing transparency and usability will be the ones consumers trust most. Consent management market drivers , valued at approximately during the forecast period. This rapid growth is fueled by evolving privacy regulations, increasing consumer awareness, and advancements in AI-driven consent solutions. Growing focus on data privacy regulations The global landscape of data privacy regulations is continually evolving, with laws like GDPR, CCPA, Brazil’s Lei Geral de Proteção de Dados (LGPD) , and others imposing stringent requirements on businesses. These regulations mandate explicit user consent for data processing activities, compelling organizations to implement advanced CMPs to ensure compliance and avoid substantial penalties. But privacy laws aren’t stopping there. New regulations are emerging worldwide, further shaping how businesses handle user data: India’s Digital Personal Data Protection Act (DPDP Act): introduces strict consent-based data processing requirements, signaling one of the largest markets enforcing structured privacy laws. Organizations targeting Indian consumers must ensure explicit, informed, and revocable consent—placing CMPs at the center of compliance. China’s Personal Information Protection Law (PIPL): Often compared to GDPR but with stricter localization rules, that foreign businesses processing Chinese consumer data obtain specific and informed consent. Unlike Western regulations, PIPL imposes stringent cross-border data transfer rules , making consent management even more complex for global enterprises. U.S. State-level expansion: While CCPA dominates the U.S. privacy landscape, states like have launched privacy laws, requiring businesses to rethink their consent strategies. With uncertain federal privacy legislation, companies must navigate a growing patchwork of state laws, emphasizing the need for flexible and dynamic CMPs. As these regulations evolve, businesses must continuously assess compliance strategies. Consent management platforms are no longer optional; they’re the key to staying ahead of the shifting regulatory tide. Rising consumer awareness and demand for privacy control ​Consumers are becoming more vigilant about their data privacy rights, demanding greater transparency and control over their personal information. 73% of consumers are more concerned about their data privacy than they were a few years ago. This heightened awareness drives businesses to adopt robust consent management platforms that empower users to manage their consent preferences easily, building trust and fostering customer loyalty. Increasing integration of artificial intelligence and automation Integrating AI and automation into consent management revolutionizes how businesses handle user data. AI-driven CMPs can analyze user behavior to predict consent preferences, automate compliance monitoring, and adapt consent interfaces in real-time, reducing manual interventions and enhancing efficiency.​ Consent management market functionality insights The functionality of consent management platforms is continually evolving to meet the dynamic needs of businesses and consumers:​ Granular consent options: CMPs now offer more detailed consent choices, allowing users to specify preferences for different data processing activities.​ Consent preference centers: Dedicated portals enable users to manage their consent settings anytime, promoting ongoing transparency and control.​ Multi-device synchronization: Ensuring that user consent preferences are consistent across various devices enhances the user experience and maintains compliance.​ Blockchain-based consent tracking: Some CMPs are exploring blockchain technology to create immutable records of user consent, improving security and auditability.​ Consent management market developments Recent advancements in consent management include:​ New laws and amendments are continually reshaping the requirements for consent management, prompting CMPs to adapt swiftly.​ Partnerships between CMP providers and enterprises foster the development of tailored solutions that address specific industry challenges.​ Innovations such as machine learning and decentralized data storage are incorporated into CMPs to enhance functionality and security.​ Consent management platforms are critical in ensuring compliance and building consumer trust in an era where data privacy is paramount. By staying abreast of emerging trends and adapting to evolving regulations, businesses can effectively navigate the complexities of data privacy and foster stronger relationships with their customers.​ Explore our step-by-step guide to building a scalable consent management strategy that adapts to global regulations, empowers users, and positions your business for long-term privacy success. How TrustArc can help you with consent management TrustArc offers a comprehensive Consent & Preference Manager that simplifies consent management and coordination. With customizable privacy experiences and seamless integration across digital platforms, and automated compliance features, TrustArc enables businesses to enhance customer trust and maintain regulatory adherence. ​ Seamless Consent. Smarter Preferences. Take the hassle out of consent management. Collect, track, and honor user preferences across brands, regions, and channels while staying ahead of evolving privacy regulations. Privacy Requests, Handled with Confidence. Automate and streamline DSR workflows to simplify compliance, reduce manual effort, and prove your commitment to customer rights—without breaking a sweat. Frequently Asked Questions (FAQ) How are AI and automation influencing consent management? AI and automation are transforming consent management by making it more personalized, efficient, and compliant with evolving regulations. Here’s how they are reshaping the landscape: Enhanced personalization: AI tailors consent requests to user behavior, making them more relevant and user-friendly while ensuring compliance with legal standards. Streamlined consent processes: Automation simplifies obtaining, tracking, and managing consent, reducing manual workload and ensuring audit-ready compliance. Dynamic consent management: AI enables real-time, revocable consent models, allowing users to modify preferences easily. Data Protection Impact Assessments (DPIAs) assistance: AI helps organizations conduct DPIAs by identifying privacy risks and strengthening compliance strategies. As AI evolves, consent management platforms will become more adaptive, predictive, and responsive, reducing user friction while ensuring businesses maintain regulatory compliance. What role do CMPs play in ensuring compliance with global data privacy regulations? CMPs act as compliance enablers, ensuring businesses adhere to global privacy laws like GDPR, CCPA, and LGPD by: Obtaining and managing consent: Ensuring user consent is freely given, specific, informed, and unambiguous. Facilitating transparency: Providing users with clear, accessible information about data collection and processing. Standardizing consent signals: Communicating user preferences across platforms for consistent regulatory adherence. Maintaining accountability: Storing consent logs for auditability and legal compliance. CMPs help businesses comply with regulations and enhance trust and transparency with consumers. CMPs are more than just compliance tools—they are strategic enablers that help businesses navigate regulatory complexity, enhance transparency, and maintain user trust while ensuring ongoing legal adherence across multiple jurisdictions. How are CMPs adapting to the phasing out of third-party cookies? As third-party cookies disappear, CMPs are evolving to ensure privacy-compliant data collection through: Transition to first-party data management: Shifting focus to first-party data collection, aligning with privacy laws. Enhanced transparency and user control: Providing granular consent options for tracking technologies and data sharing. Privacy-preserving technologies: Supporting contextual targeting and cohort-based advertising models (e.g., Google’s Privacy Sandbox). Managing consent for device fingerprinting and first-party identifiers as replacements for third-party cookies. Ensuring compliance with evolving laws prohibiting pre-checked and implied consent boxes. CMPs now prioritize flexibility and compliance, helping businesses navigate the post-third-party cookie landscape. What challenges do businesses face when implementing CMPs? Businesses often encounter challenges when integrating CMPs, including: Ensuring compliance across multiple regional laws with differing consent requirements. User experience vs. compliance: Balancing clear, non-intrusive consent interfaces without overwhelming users. Connecting CMPs with existing CMS, CRM, and advertising platforms while ensuring smooth consent signal transmission. Ensuring all partners in the data ecosystem comply with privacy regulations. Record-keeping and accountability: Storing consent logs and dynamically updating preferences for audit readiness. CMP deployment requires technical expertise, ongoing updates, and compliance monitoring. Despite these challenges, a well-planned CMP strategy helps businesses streamline compliance and improve consumer trust. How are regional regulations influencing the adoption of CMPs? Regional privacy laws are shaping CMP adoption by enforcing specific requirements: Requires explicit, informed, freely given consent before processing data. CMPs ensure compliance with opt-in mechanisms. Mandates opt-out mechanisms for data sales, which CMPs facilitate with clear preference settings. Localization and adaptability: CMPs tailor compliance strategies for different jurisdictions (e.g., opt-in vs. opt-out models). Accountability and record-keeping: Maintaining detailed consent logs for regulatory audits and compliance verification. Industry-specific standards: CMPs align with frameworks for behavioral advertising compliance, such as the IAB’s Transparency & Consent Framework (TCF). Increased GDPR fines and privacy law enforcement actions are driving CMP adoption to avoid penalties. CMPs are evolving to meet region-specific compliance needs, allowing businesses to operate legally while maintaining user trust. ==================================================================================================== URL: https://trustarc.com/resource/top-data-protection-program-pitfalls/ TITLE: The Top 5 Pitfalls of Data Protection Programs | TrustArc TYPE: resource --- To an extent, the processing of personal data is necessary to carry out business operations. But as the volumes of data collected and shared continue to increase, businesses need a robust data protection program to keep that information private and secure. A data protection program supports your organization’s effort to comply with data protection regulations and increases collaboration across business functions. When done correctly, data protection increases the value and quality of the data you collect and store. It also plays a key role in your business’s consumer relationship. To effectively build trust through a data protection program, a company must execute its promises when collecting people’s information. These promises are reflected in the privacy policy and the notice given to individuals when the information is collected. If these promises are broken, the brand’s reputation is negatively affected, taking years to mend. Should a business build a data protection program if not required by a privacy law? Even if your business doesn’t operate in one of the five states that will begin enforcing data privacy laws in 2023, other generally applicable state and federal privacy and security provisions will likely affect you. mandates that U.S. companies handling consumer information must implement reasonable and appropriate safeguards to protect personal data. Others include HIPAA, CAN-SPAM, state and federal “Do Not Call” laws, and various breach notification laws. Furthermore, the odds that a data protection regulation doesn’t protect your consumers become smaller yearly. In , Nader Henein, Gartner Analyst, explains, “By 2024, modern privacy regulation will blanket the majority of consumer data, but less than 10% of organizations will have successfully weaponized privacy as a competitive advantage. By 2026, the fastest-growing organizations in each consumer-facing industry will have successfully weaponized privacy rather than simply adapted to regulatory mandates.” If you want your organization to “weaponize privacy” in the next three years, you’ll want to watch out for these common data protection program pitfalls as you get started. Five data protection program pitfalls to avoid Given legal implications, building a data protection program can be intimidating. Here are five areas many companies miss the mark. #1 Not giving data protection a seat at the executive table No matter how much you spend on outside privacy counsel or the flashiest privacy technology, your data protection program will fall short without an executive champion. Simply checking the boxes won’t create a culture of privacy in your organization. And a culture of privacy is necessary for business success in a digitally powered world that thrives on data. The notion that data protection and privacy are the responsibilities of legal or IT departments is a myth. Protecting the information a business collects is everyone’s job. After all, many functions collect and use data for business activities. A privacy champion is willing to collaborate and empower internal business teams while ensuring data protection requirements are met. Even more, the privacy champion supports collaboration between functions to achieve company and data protection goals. Building a culture of privacy takes time. More importantly, executives must prioritize it as an essential business function. Organizations with a culture of privacy have embedded data protection into their company mission, values, and strategy. Consequently, employees consider privacy when products and services are built or enhanced and at any time decisions are made. Not training all employees about data security and protection is another pitfall with an easy fix. Everyone in your organization should understand the basic data protection principles and always remember that real people are behind all those numbers. The GDPR outlines seven key principles of data protection: Lawfulness, fairness, and transparency Integrity and confidentiality (security) As a privacy champion, if you can help your organization embed these seven principles into its company culture, you’ll avoid pitfall #1. #2 Lack of legal privacy intelligence Although foundational principles for data protection, privacy, and transfer guidelines have existed since the 1980s, the industry has a shortage of talented employees. As a result, privacy teams can be vastly understaffed or resourced, leaving the organization and the data it promises to protect open to risk. While you don’t need all employees on your privacy team to be lawyers, you need people who understand the laws and regulations. Whether you hire inside or outside counsel, partnering with a legal resource is necessary. The biggest trap within this pitfall is mistaking technology for privacy intelligence . Granted, technology can increase collaboration and reduce the time and effort spent building a privacy program, but it won’t replace the need for a privacy expert. The cost of privacy talent and external counsel continues to increase. Don’t try to build a data protection program without a reliable, experienced solution for legal privacy intelligence. #3 Reacting to data protection laws and regulations A common reaction to the multitude of global data protection laws is to attempt compliance with each, one by one. Essentially, repeating the same process over and over to check off the boxes in a specific region. Considering that at least have data protection laws, this method feels endless. That’s because it’s reactive, and there’s always something to react to in privacy. Avoid this pitfall by implementing a proactive approach to data protection. Select a data protection framework that can be applied to your program overall. For example, some professionals prefer to apply the GDPR to all of their data protection processes. Then, when new laws are introduced, there are likely only small deviations from the GDPR standards required for compliance. The structure or framework you choose doesn’t need to be the GDPR, although it’s a great starting point. Ultimately, a reactionary approach to privacy will always leave you chasing your tail. Good data protection programs are proactive and reduce your privacy team’s effort and stress. #4 Treating data privacy as a burden rather than a way to add value There are two ways you can look at privacy. One is that it’s a cost center without an important business function. And the other is that privacy is another way to create value, adding to the business’s bottom line. If privacy is treated as a burden, the organization misses opportunities to build consumer trust and establish an advantage over competitors . Time and effort are spent on compliance rather than how to use privacy to enable innovation. As we shift to explicit consent requirements, data the organization collects directly from the subject (first party data) quickly becomes the most valuable. Data collected with consent drive better customer experiences, services, and products. And just like a spinning wheel, this cycle repeats itself driving business momentum and customer loyalty. Apple has become a notorious example of how a brand can use data protection and privacy to its advantage. They’ve made privacy part of the conversation and a primary marketing strategy. It’s not only a star feature of their products. It’s also a value embedded into their company culture. One way to be more like Apple is to put privacy controls back into consumers’ hands. Tools are available to help provide your consumers and partners direct access to the data you collect and options to change what and how that information is used. It’s possible to include privacy policies, notices, data subject requests management, and communication preferences in the same interface. Consumers love transparency and the opportunity to control their information. If you treat data privacy like a burden – that’s surely what it will become. Avoid this pitfall and change your mindset about privacy before your competitors beat you to it. #5 Making compliance the only data protection priority There’s more to data protection than compliance. Assessments, audits, and compliance with each regulation are all critical, but they’re not why we do data privacy. Protecting data is the right thing to do for everyone. Like above, if you view data protection as merely a compliance must-do, you’re working harder and missing valuable opportunities. In contrast, successful privacy programs are created using a risk based approach. risk based privacy program requires a strategic approach to managing and protecting data aligned with business processes. To summarize, this approach requires four steps: Assess the current state and your privacy program requirements Identify your current compliance level and risk Prioritize and mitigate risk Establish response procedures and strategies for ongoing compliance monitoring Establishing a culture of privacy is also helpful here, as you will need governance and agreed upon definitions for data ethics and data processing to align with company values and risk appetite. ==================================================================================================== URL: https://trustarc.com/resource/path-gdpr-compliance/ TITLE: Your Path to Ultimate GDPR Compliance | TrustArc TYPE: resource --- Practical steps to address GDPR compliance There’s plenty of information available summarizing all of the new requirements under the GDPR. But once you see the long and dizzying list of new requirements, it’s easy to get overwhelmed. Fear not. You can tackle it one step at a time. Many items will likely take your organization considerable time to implement, so it’s wise to start the process asap. For organizations that operate globally, complying with the EU GDPR will likely require significant investment in personnel, process change, and new tools. The GDPR compliance program you build will enhance your overall privacy program and further your efforts to minimize risk, ensure compliance, build trust, and protect your brand. Step one: Assess your General Data Protection Regulation (GDPR) readiness The very first thing to do is assess. Are you impacted? Where do you stand? Is your organization impacted? I don’t need to worry about GDPR compliance because it doesn’t impact my organization . We don’t have offices or do business in the EU. But the GDPR includes a significant increase in scope over prior EU data protection law that makes it “extra-territorial” or beyond just being located or doing business in the EU. This means you need to take a closer look. Specifically, you should ask three threshold questions for GDPR Readiness: Do you “offer goods or services to EU residents”? Do you “monitor the behavior of EU residents”? Are you a “Data Processor” (one who processes the data on behalf of the Data Controller) of EU resident “personal data” (any information relating to an identified or identifiable natural person (“data subject”)? If you answered “yes” to any of the above, the business is impacted and needs to start taking steps toward GDPR compliance. Some things to keep in mind: The GDPR protects the personal data of , which includes anyone physically residing in the EU, even if they are not EU citizens. By including the scope of the GDPR to include “monitoring the behavior of EU residents,” this makes the applicability net as wide as it can get. Practically every website and app tracks the digital activities of its visitors. Even though you may not be actively targeting and monitoring EU residents, if you have a website or app that tracks who visits and an EU resident happens to find their way to your digital property from within the EU, you’re impacted. Monitoring of behavior can be applied more broadly and include profiling that leads to actions that analyze or predict personal preferences, attitudes and/or behaviors. Thus, the GDPR impacts targeted behavioral advertising and other data analytics. The GDPR now extends due diligence obligations and potential liability to , not just Data Controllers. impacts on cloud companies that process data on behalf of others, especially as the definition of “personal data” is now broadened and includes info like IP addresses, cookie strings, and mobile device IDs. Now that you know the organization is impacted, you need a way to self-diagnose. Before you can develop a plan, you need a high level understanding of your current GDPR compliance posture. You could leverage a controls checklist, build one yourself, or take advantage of a free easy-to-use online GDPR readiness assessment tool. Whatever self-diagnosis path you choose, you must ensure it includes a fairly comprehensive list of the requirements so you have confidence that your assessment is thorough. This initial GDPR assessment should guide you through GDPR operational requirements under the following areas, with particular emphasis on what’s new: Transparency (i.e., Privacy Policy). This centers on the language in your Privacy Policy. It needs to be in “clear and plain language,” i.e., easily understood by users and not buried under a morass of legalese. A whole host of new language must also be included, e.g., the rights of data subjects and contact details of a Controller’s representative or DPO (Data Protection Officer), among others. Collection and purpose limitation . An assessment should check on whether the info collected is necessary and relevant, with particular scrutiny around information that is sensitive, involves criminal convictions or offenses, or is collection from children under the age of 16. . The consent requirements under the EU Cookie Directive still apply regarding and similar tracking technology. In addition, there are consent requirements prior to Data Processing, including details for when you need explicit and informed consent, or when you must provide user controls for preferences and withdrawal of consent. This centers on steps taken to ensure the accuracy of data and processes for deleting or correcting it. Privacy program management. This is a major area requiring a multitude of operational changes. E.g., documentation of your legal basis for Cross-Border Data Transfers, PIA Programs for new products or “high risk” processing, processing activities requiring the designation of a DPO, and due diligence obligations and contracts for Onward Transfers, to name a few. Security in the context of privacy . This includes requirements on the use of industry-standard encryption technologies for sensitive data, systematic destruction, erasure or , and documentation on security programs. Data breach readiness and response . A documented privacy and security is essential, particularly because there are significant new data breach notification requirements (e.g., controllers must notify the supervisory authority within 72 hours). Individual rights and remedies . The GDPR expands individual control with new rights, e.g., the “Right to be Forgotten” (data erasure), “Right to Data Portability” (to transmit data to any other controller), enhanced rights around processing (notice, access, rectification, objection) and filing complaints. Step two: Build consensus The most common next question is, What do I need to do to secure stakeholder commitment and resources for execution? Building consensus up-front is critical to the success of any privacy program within an organization and is not specific to . Fundamental leadership principles and organizational decision-making come into play. Because the GDPR has such a substantial impact on organizations – increased obligations, a regulatory enforcement regime, and potential fines of up to 4% of annual worldwide turnover (or revenue) – a GDPR program merits its own organizational awareness campaign. In fact, “Awareness” is at the top of the list on the UK ICO’s (“Information Commissioner’s Office”) recently released guidance Preparing for the General Data Protection Regulation (GDPR): 12 Steps to Take Now. “You should make sure that decision makers and key people in your organization are aware that the law is changing to the GDPR. They need to appreciate the impact this is likely to have.” The guidance goes on to recommend that companies “use the first part of the GDPR’s two-year lead-in period to raise awareness of the changes that are coming.” To do so, you’ll need to: marshal the evidence to support a compelling business case; and plan and execute your GDPR awareness campaign to secure stakeholder buy-in. What evidence do I need to tell the story and support a compelling business case for GDPR compliance? As the data privacy champion, you will have to tap your inherent mastery of the art of persuasion. This means gathering as much ammunition as you need to generate a sense of urgency and persuade key stakeholders that the GDPR warrants a strong compliance program. Below are several key messages critical to telling a compelling GDPR compliance story, along with a list of helpful evidence to support each proposition. The GDPR impacts the company…Posing threats and opportunities An overview of the GDPR and what specific activity makes the company subject to the new regulation Key organizational risks, fines & penalties, regulatory trends, and likely enforcement landscape Specific stories of privacy regulation violations and what that meant to the company and to the data subject who experienced the violation Reports illustrating consumer sentiment and impact on the business when a brand is damaged via privacy violations and infographics to illustrate the GDPR risk and show that other companies are taking action in response Stories of companies that used their strong privacy posture as a competitive advantage The company has compliance gaps that require remediation The results of the initial GDPR Readiness Assessment provide a Corporate Scorecard of where the company currently stands, with specifically identified gaps and risks Any internal metrics/reports providing privacy breach incidents in the organization, any past regulatory inquiries or enforcement against the organization, history of the organization’s privacy training The GDPR program proposed and the level of effort required Overview of the activities typically required to build a GDPR Response Program, including best practices and benchmark information from other companies Summary of what it would take to close the gaps, including a rough time and cost analysis of the level of effort (LOE) to make operational changes, including training, monitoring, measuring, process for privacy impact assessments and product development, contract reviews, privacy policy reviews, etc. Proposed overview of how the GDPR program would operate, a rough timeline, methodology, and success metrics by which to measure progress How do I plan and execute an effective GDPR awareness campaign? Facilitate an internal kickoff and ongoing planning sessions with relevant stakeholders across the organization. This initiative will be easier if you have a designated privacy task force. If a committee is not in place, you’ll need to start identifying and reaching out to stakeholders and key influencers. Include senior leadership and, if possible, the CEO and Board Members. In addition, identify and invite colleagues with influence across functional areas from lines of business, legal, IT, InfoSec, HR, product development, engineering, marketing, and others. Build and deliver a strong presentation leveraging the evidence gathered to tell the story. To be effective, this takes considerable preparation. Rather than go in with a dry recitation of the policy and regulatory requirements, experienced privacy practitioners recommend planning interactive and engaging sessions that may possibly even be considered a fun team-building exercise. Running your presentation by a subset of the group ahead of time to get feedback and tweak accordingly will help get stakeholders on your side before going into the kick-off meeting. At the outset, it will be important to state the following goals of the kick-off session clearly: Formalize GDPR compliance program team structure, roles, and responsibilities Secure commitment that the GDPR program is a prioritized pillar and initiative aligned to the overall organization planning for the next couple of years Agree on short, medium, and long-term goals of the GDPR program Set measurable objectives with success criteria, key milestones Based on a rough estimate of the level of effort (LOE), secure budget, and resources Schedule ongoing planning meetings with a regular cadence to then develop the full plan, implement all required operational changes, and provide a dashboard report on the GDPR program’s progress. Step three: Develop a plan Now that the readiness assessment is complete, it is time to conduct a detailed gap analysis and build a plan to address any issues. The items should be prioritized based on risk and level of effort. For example, creating a privacy audit program would have both a high risk level and a high level of effort. Building a privacy notice format would have a low risk level and a low level of effort. Several things must happen at this stage to develop an effective plan, including: Conducting a risk analysis Conducting a level of effort (LOE) analysis By investing the time up front to perform the proper analysis and planning, you can be confident that your GDPR compliance program will efficiently and effectively mitigate risk while meeting your company’s business objectives. Under Section 3, Article 35 of the GDPR, a Data Protection Impact Assessment is required for any processing that may result in “high risk”. “The supervisory authority shall establish and make public a list of the types of processing operations that require a DPIA.” While official public lists from the Data Protection Authorities (“DPAs”) are forthcoming, the following are common questions to begin to identify areas of risk, including “high risk”. These particularly reflect the more stringent GDPR requirements. Security / data protection. Are the necessary data protection controls in place, e.g., encryption, data loss prevention, enhanced access control, and anonymization? Sensitive data, genetic and biometric data. Are there stronger security protections in place for this data? Are there business processes around sensitive data that violate the stated use in the privacy policy? Are processes for gaining explicit consent in place (as required under the GDPR)? International data transfers. Are all transfers protected according to the appropriate data transfer mechanism in place (i.e., under Model Contract Clauses, Binding Corporate Rules, EU-US Data Privacy Framework, Consent, or other)? New products / processes. Do new plans require a change in the way you collect, transfer, store, process, use, and dispose of personal data? Are there newer ways of using geo-location or online unique identifiers that trigger a discrepancy with what is stated in the privacy policy? . How do the vendors in your data flow manage the personal data? What stated data privacy and security policies and controls are in place? Can they be verified? . What data privacy and security processes are in place at the merged or acquired company? Is there a discrepancy between the processes at your organization? Are there any profiling processes in place? Is there systematic monitoring of publicly accessible areas or special categories (i.e., genetic, biometric data, criminal records)? Conversions & system changes. Have or will there be a conversion of records from paper-based to electronic form? Or conversion of info from anonymous to identifiable form? Have or will there be system management changes with new uses or applications of technology? Have or will there be merging, matching, and manipulation of multiple databases with personal data (e.g., between subsidiaries or in M&A context)? Or incorporation into existing databases of personal data obtained from commercial or public sources? With gaps identified in step one and from a deeper dive risk analysis, you can build a table of gaps organized by risk level – Low, Medium, and High. Assessing levels of risk will be highly dependent on the priorities that your organization attributes to certain components. A strong understanding of the current legal and regulatory environment is also essential to proper risk level determination. Common risk categories to keep in mind when assigning risk levels are legal, regulatory, political, operational, strategic, market, credit, reputational, event, and country-specific risks. You can build your own templates for this analysis or leverage those available in data privacy management platforms like the , with built-in workflows to guide you through the process. Conduct level of effort (LOE) analysis For each gap, you’ll need to identify specific remediation actions and estimate Levels of Effort (LOEs) – Low, Medium, and High. By mapping the Risk Levels to the LOEs of each activity, you can start grouping activities in a Risk / LOE matrix to help visualize your plan’s priorities. Once your Gap Assessment and Risk Analysis are complete, you can build a project plan for each functional area within the business, along with a timeline for completion. Whatever your team decides, the GDPR project plan also needs to account for the unexpected. Invest time up front to perform the proper analysis and planning so that you can be confident your company’s GDPR compliance program will efficiently and effectively mitigate risk while meeting business objectives. Armed with the gap, risk, and LOE analysis results, you can then build a project plan against a timeline for completion. The plan should take into account: The privacy team’s stated goals – short, mid, and long-term Budget and people resources available Prioritization for work on “high risk” areas Sufficient period for activities with higher LOEs and longer implementation times GDPR developments and likely enforcement milestones Ability to leverage other frameworks such as the EU-US Privacy Shield (once ratified) as a way to meet EU data transfer requirements and cover a large percentage of the GDPR requirements at the same time A GDPR Project Plan will be highly-specific to each organization. One idea is to use a targeted schedule in Gantt chart format. Once the prioritized plan is in place, you’ll be in a solid position. Step four: Uncover risk by conducting a comprehensive data mapping analysis To ensure you have uncovered all the risks and appropriately prioritized your plan, you must have a solid understanding of your organization’s complete data lifecycle. The process of documenting this lifecycle is referred to as a data flow analysis or data mapping. will require that you talk to your teammates who know where data is at each of these stages across the enterprise and with third parties: Article 29 Working Party guidance The EU GDPR went into effect in May 2018. For many organizations, the changes required to become compliant with the new law will take several quarters to implement. Some of the larger changes required will deal with the new “Right to Data Portability,” Identifying a lead supervisory authority, and appointing a “Data Protection Officer.” The Article 29 Working Party (WP29) has just released guidance on these three requirements. 1) Right to data portability Article 20 provides data subjects with the right to data portability . The WP29 opinion on this Article helps data controllers understand what their obligations are and provides best practices and tools to help meet compliance obligations for this requirement. 2) Identifying lead supervisory authority Suppose your organization conducts cross-border data processing or is unsure whether it does. In that case, this guidance provides examples, key concepts for identifying a key supervisory authority , and even questions to guide the identification of the lead supervisory authority. 3) Data Protection Officer WP29 helped clarify some terms used in Article 37(1), which lists the situations where a DPO would be required a) where the processing is carried out by a public authority or body WP29 guides that “such a notion is to be determined under national law.” of the controller or the processor consist of processing operations, which require regular and systematic monitoring of data subjects on a large scale WP29 clarified that “core activities” means “key operations necessary to achieve the controller’s or processor’s goals” or in other words “an inextricable part of the controller’s or processor’s activity.” c) where the core activities of the controller or the processor consist of processing on a of special categories of data or personal data relating to criminal convictions and offenses. While clarification on what “large scale” means is summarized below, WP29 also gave guidance on the meaning of “Regular and Systematic Monitoring” as well as the expertise and skills that a DPO should possess. These factors should be considered when determining whether the “large scale” threshold is met: Number of data subjects concerned – either as a specific number or as a proportion of the relevant population The volume of data and/or the range of different data items being processed Duration, or permanence, of the data processing activity The geographical extent of the processing activity Get validated by an independent third party that attests your privacy and data protection practices. Essential Guide to the GDPR Practical steps to manage the EU General Data Protection Regulation, including a compliance roadmap for implementation. ==================================================================================================== URL: https://trustarc.com/resource/webinar-building-your-dpia-pia-program-key-practices-tips/ TITLE: Building your DPIA/PIA Program: Key Practices & Tips TYPE: resource --- Building your DPIA/PIA Program: Key Practices & Tips Understanding DPIA/PIAs and how to implement them can be the key to embedding privacy in the heart of your organization as well as achieving compliance with multiple data protection / privacy laws, such as GDPR and CCPA. Indeed, the GDPR mandates Privacy by Design and requires documented Data Protection Impact Assessments (DPIAs) for high risk processing and the EU AI Act requires an assessment of fundamental rights. How can you build this into a sustainable program across your business? What are the similarities and differences between PIAs and DPIAs? What are the key practices for integrating PIAs/DPIAs into your data privacy processes? Whether you’re refining your compliance framework or looking to enhance your PIA/DPIA execution, this session will provide actionable insights and strategies to ensure your organization meets the highest standards of data protection. Join our panel of privacy experts as we explore: Key regulatory requirements for conducting PIAs and DPIAs How to identify and mitigate data privacy risks through comprehensive assessments Strategies for ensuring documentation and compliance are robust and defensible Real-world case studies that highlight common pitfalls and practical solutions This webinar is eligible for 1 CPE credit. Senior Privacy Consultant, TrustArc Co-Host, Serious Privacy Podcast Co-Host, Serious Privacy Podcast ==================================================================================================== URL: https://trustarc.com/resource/webinar-mitigating-third-party-risk-key-practices-for-cisos/ TITLE: Mitigating Third-Party Risk: Key Practices for CISOs | TrustArc TYPE: resource --- Mitigating Third-Party Risk: Key Practices for CISOs Organizations rely heavily on third-party vendors and partners to enhance operational efficiency and deliver innovative solutions in today’s interconnected digital landscape. However, this increased reliance on third parties also introduces a complex web of security and privacy risks that can have far-reaching consequences for organizations’ data, reputation, and compliance. Join us for an insightful and informative webinar as we delve into mitigating third-party risks. This webinar will provide essential strategies and key practices to ensure robust security and privacy measures when collaborating with external entities. What’s the current state of risk management? Who owns third-party risk in the organization? What are organizational implications around third-party risk? What are the unique implications for Cloud Processing? Head, Customer Enablement & Principal, Data Privacy, TrustArc Senior Privacy Consultant ==================================================================================================== URL: https://trustarc.com/resource/utah-consumer-privacy-act-ucpa/ TITLE: The Utah Consumer Privacy Act (UCPA) is Here | TrustArc TYPE: resource --- New Utah privacy law passes legislature Utah became the 4th State to pass a consumer data privacy law on March 24, 2022. Joining California, Colorado, and Virginia, Governor Spencer Cox signed The Utah Consumer Privacy Act (UCPA) into law. number of consumer privacy bills currently in the legislative process, Utah is likely the first of several states to pass a privacy law in 2022. The Utah privacy law shares similarities with the GDPR and other US State privacy laws. However, Utah does add some unique aspects for organizations to consider. While the UCPA should remain on your privacy officer’s radar, you have time to comply. The Utah Privacy Law has an effective date of December 31, 2023. What organizations need to know about the Utah privacy law The Utah Consumer Privacy Act applies if you conduct business in Utah. It also applies if you produce or deliver commercial products or services targeted to Utah residents with annual revenue of at least $25 million plus one of the following items. Controls or processes the personal data of 100,000 consumers or more during a calendar year or Derives over 50% of its gross revenue from the sale of personal data and controls or processes the personal data of at least 25,000 consumers. refer to Utah residents but not within the B2B or employment contexts. linked or reasonably linkable to an identified or identifiable individual. It does not include de-identified, aggregated, or publicly available information. The Utah Privacy Law blends California’s minimum revenue amount with Colorado and Virginia’s approach of viewing revenue from the sale of consumer data and processing or controlling the data of 25,000 consumers. How will the Utah Consumer Privacy Act be enforced? Consumer complaints and investigations will be conducted through the Utah Division of Consumer Protection If the division finds reasonable cause to believe that substantial evidence of a violation exists, the case will be referred to the An organization will receive 30 days’ advance notice of any enforcement action. The notice will include an explanation and the provision being violated. It is possible to rectify the violation within that 30 day period by providing a written explanation to the AG. Otherwise, the AG may seek actual damages to the consumer with penalties of up to $7,500 for each violation If multiple entities are involved in violating the Utah Privacy Law, liability will be allocated according to the principles of comparative fault. Each party is responsible for their respective contribution to the violation. The UCPA does not restrict an organization’s ability to comply with a federal, state, or local law, rule, or regulation comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, local, or other governmental entity detect, prevent, protect against, or respond to a security incident, identity theft, fraud, or any illegal activity; or investigate, report, or prosecute a person responsible for any of those actions engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if the organization discloses required processing in a notice process personal data to conduct internal analytics or other research to develop, improve, or repair a controller or processor’s product, service, or technology process personal data to perform an internal operation that is reasonably aligned with the consumer’s expectations based on the consumer’s existing relationship with the controller retain a consumer’s email address to comply with the consumer’s request to exercise a right An organization is not considered to be in violation of the UCPA if: the controller or processor discloses personal data to a third party controller or processor in compliance with this chapter; the third party processes the personal data in violation of this chapter; and the disclosing controller or processor did not have actual knowledge of the third party’s intent to commit a violation of this chapter. Consumer rights and consent under the UCPA Similar to the GDPR and other privacy laws recently enacted, the Utah Consumer Privacy Act demands transparency around how data is processed and shared. Organizations must provide consumers with a privacy notice that is accessible and clear. Consumers have a right to know if a controller is processing their data. Organizations must provide consumers with advanced notice and an opportunity to opt out of the processing of personal data. This also includes the consumer right to access. Additionally, consumers also have a right to portability. Organizations are required to provide access in a portable format that enables consumers to transmit data to another entity without barriers. Organizations must respond to consumer requests within 45 days of receiving the request. Extensions are available depending on the number of requests as long as consumers are informed of the delay. If a request is denied, reasons must be provided within 45 days. If your organization sells personal data, it must clearly disclose how consumers can exercise their right to opt-out of the sale or processing of their data for targeted advertising. The Utah Privacy Law also details specific responsibilities for both controllers and processor contracts in regards to the handling of data. Based on the organization’s size, scope, and type, security practices that are appropriate for the nature and volume of the personal data processed are required. Establishing technical and physical security practices protects the confidentiality and integrity of personal data and reduces reasonably foreseeable risk of harm to consumers. The UCPA does allow businesses to refuse services or products in certain circumstances. This is permitted only when personal data is needed to provide a service or product and the consumer refuses to provide the data or let the organization process it. Consequently, the business would not be required to perform its service or product. An organization is not permitted to charge a consumer for their first request within a 12 month period. However, a controller may charge a reasonable fee to cover administrative costs if requests are excessive, repetitive, technically infeasible, or manifestly unfounded. If the organization does charge a fee or refuses to act, the burden will fall on you, the controller/processor, to prove the justification. If you’re already planning for Utah’s privacy obligations, don’t overlook the state’s new AI disclosure law. The Utah Artificial Intelligence Policy Act, which took effect in 2024, introduces requirements for transparency and risk mitigation when using generative AI. It’s a landmark piece of legislation—and a signal that AI governance is quickly becoming part of the broader compliance equation. Get the full breakdown here ==================================================================================================== URL: https://trustarc.com/resource/executive-order-14117-explained-sensitive-data-ai-risk/ TITLE: Executive Order 14117 Explained: What It Means for Sensitive Data, AI Risk, and National Security | TrustArc TYPE: resource --- Preventing Access to Personal Data and United States Government-Related Data by Countries of Concern may sound like the plot of the next movie, but it’s the very real subject of Executive Order (EO) 14117 . And it’s now your mission to comply. A new chapter in U.S. data protection Signed by President Biden on February 28, 2024, Executive Order 14117 kicks off a sweeping set of national security protections designed to prevent sensitive U.S. personal and government-related data from landing in the hands of foreign adversaries. Specifically, the EO and its associated rulemaking aim to restrict data transactions with entities connected to countries of concern: China (including Hong Kong and Macau), Cuba, Iran, North Korea, Russia, and Venezuela. Why? Because large-scale data transactions, including biometric data, genomic info, and precise geolocation, can fuel AI-driven surveillance, espionage, and other malicious activities. With blackmail and manipulation on the line, privacy professionals are now on the national security frontlines. What the EO and DOJ Rules are designed to do At its core, EO 14117 and the Department of Justice’s (DoJ) implementing rules are about national security resilience through data restriction. The focus is on preventing bulk data transfers to foreign adversaries and enforcing robust cybersecurity and compliance frameworks among U.S. organizations. The DoJ’s final rule, effective April 8, 2025, begins with a 90-day grace period and then transitions into full enforcement by October 6, 2025. If your organization handles high-volume data tied to U.S. persons, especially in healthcare, , or tech, this affects you. These enforcement measures are formalized through the Data Security Program (DSP) , launched by the DOJ’s National Security Division. The DSP is the operational backbone of EO 14117, setting expectations for audits, due diligence, risk assessments, and recordkeeping. It’s also the lens through which enforcement actions will be evaluated, so organizations should build their compliance programs with DSP criteria in mind. Covered data and thresholds: What’s regulated? Under the rule, two types of data are regulated: U.S. sensitive personal data U.S. government-related data The bulk thresholds that trigger regulatory requirements are: Covered personal identifiers Even if your organization doesn’t traffic in massive datasets, it’s shockingly easy to meet these thresholds over 12 months, especially when working with vendors, cloud platforms, or marketing tools. Countries of concern and “covered persons” The EO targets data transfers to the six named countries, but it also applies to any “ Individuals or entities 50%+ owned by a country of concern. Residents of a country of concern. Employees or contractors of a country of concern entity. Anyone the DoJ designates based on national security concerns. While the DOJ may publish a it’s important to understand that this list is not exhaustive. Organizations must perform ongoing, risk-based screening and remain alert to new designations or indirect ownership ties that could trigger compliance obligations. Relying solely on a static list or point-in-time check could leave your program and your organization exposed. So, if you’ve got cloud vendors or ad tech partners with overseas ties, it’s time to recheck your contracts. It’s also important to note that EO 14117 does not impose strict liability. Instead, the DOJ applies a “knowledge standard,” meaning violations hinge on whether you knew or should have known a transaction involved a covered person or country of concern. Strong due diligence procedures—not just boilerplate contract clauses—are your best defense. That includes verifying counterparties, training staff, and documenting decisions in a way that can stand up to regulatory scrutiny. What’s prohibited or restricted? Not all data transactions are created equal. The rules separate them into : Data brokerage and access to bulk human genomic data by a CoC or covered person. Employment, vendor, or investment agreements involving sensitive data must meet detailed security requirements to be lawful. Enforcement, penalties, and oversight The Department of Justice leads the charge with civil fines of up to or double the transaction value, whichever is greater. Willful violations? Think $1 million and up to 20 years in prison . Yeah, this isn’t a slap-on-the-wrist situation. The role of CISA: What security controls are required? Under EO 14117, the Cybersecurity and Infrastructure Security Agency (CISA) has defined the core technical requirements organizations must follow. In brief, these include: Organizational-level security Maintain monthly asset inventories (including IP and MAC addresses). Assign a CISO or security lead. Patch known vulnerabilities in 14 days. Maintain vendor agreements and network topologies. Enforce multi-factor authentication (MFA). Centralize and secure logs for 12+ months. Prohibit unauthorized USBs, auto-runs, or shadow IT. Minimize and mask data wherever possible. Encrypt in transit and at rest (TLS 1.2+). Isolate and manage encryption keys off-site. Leverage privacy-enhancing technologies like: Prohibit countries of concern access through default-deny access policies. Exemptions: You might be in the clear if… Not every transaction is subject to EO 14117. Exemptions include: Personal communications and expressive materials. Official U.S. Government business. Financial transactions (banking, e-commerce, etc.). Telecommunications services. Clinical trials and FDA post-marketing surveillance (if de-identified). Corporate group transactions for internal ops (e.g., payroll, HR). Transactions authorized by U.S. law or international treaties. Still, if your data crosses borders or lands in complex vendor ecosystems, assume you’re in scope until proven otherwise. When in doubt, consult legal counsel to confirm whether your specific data use or transaction qualifies for an exemption. Your EO 14117 compliance action plan Take a deep breath. This is manageable. Think of EO 14117 as your organization’s new data defense playbook. Here’s how to get started: data inventory and mapping Third-party access points Review existing contracts and enforce: Prohibitions on data resale to countries of concern Written commitments to comply with DSP rules Annual screening for ownership links to countries of concern 3. Stand up a compliance program A written and annually certified compliance policy Role-based training, especially for executives and data handlers Annual independent audits to assess effectiveness and surface gaps Long-term documentation of your program, policies, and transactions For organizations engaging in restricted transactions, these aren’t just best practices. They’re legal requirements. Records must be retained for at least 10 years, audits must be conducted annually, and certifications must be formally signed by senior leadership. These steps form the evidentiary backbone of your compliance posture. 4. Monitor, report, and remediate If you suspect or reject a prohibited transaction: Report it to the DOJ’s National Security Division within 14 days Maintain records and cooperate with any inquiries Submit your audit findings annually, and fix weaknesses fast Turning privacy into a national security advantage Executive Order 14117 marks a defining moment in how organizations must approach data governance. This isn’t about routine compliance or ticking boxes. It’s about building resilience against real geopolitical threats. For privacy and compliance professionals, it demands a shift from reactive policies to proactive, risk-based programs that safeguard national interests. The good news? You don’t need to solve it all overnight. But now is the time to take stock of your data flows, vendor relationships, and security posture. Privacy has always mattered. Now, it’s mission-critical. Clarity Starts with Your Data Visualize, map, and manage your data with confidence. Identify risks, uncover blind spots, and streamline your privacy workflows in one intuitive platform designed to scale with you. Always-On Intelligence for Privacy Pros Turn complex regulatory change into actionable intelligence with Nymity research. Track global laws, align your obligations, and support every privacy decision with confidence. ==================================================================================================== URL: https://trustarc.com/resource/are-privacy-spreadsheets-compliant/ TITLE: Are Data Privacy Spreadsheets Enough to Stay Compliant? | TrustArc TYPE: resource --- Your data privacy spreadsheets might be putting your organization at risk Years ago, it was possible to manage a privacy program using spreadsheets. However, with the massive increase in data collection and new privacy regulations, those privacy spreadsheets are starting to add up. If you’ve been around privacy for a while, you know the drill. A new regulation gets passed and it’s time to reinvent the wheel. After weeks of updating and passing a spreadsheet back and forth, it’s nearly complete. But wait, information was added in the wrong place and you still can’t find what you need for reporting. Privacy spreadsheet management is time-consuming, exhausting, and anything but collaborative. As the risks of non-compliance continue to increase for organizations, privacy teams need a solution designed specifically for privacy management. Data privacy spreadsheets are falling short Most organizations today will fall under one or more of the current data privacy regulations. Compliance may even be required if an organization isn’t within the geographical boundary of the region or state in which the law resides. For example, you may be targeting customers, working with vendors, or transferring data to or from those areas. Additionally, more employees and departments than ever are collecting and or using personal information. Data is often collected and used across marketing, sales, human resources, product development, and customer success teams. To ensure there are no gaps in compliance, organizations need to foster a culture of privacy This can become nearly impossible to maintain with privacy spreadsheets as your foundation. At this point, the pace and complexity of the privacy landscape are too much for spreadsheets to manage What are data privacy spreadsheets missing? Privacy management isn’t as simple as checking off a box and moving on to the next one. Keeping privacy spreadsheets up to date is a tedious, time-consuming, manual process. There is no logic or intuition aside from a human operator. As a result, opportunities are missed to increase efficiency for reporting, board presentations, and certification. Often privacy regulations share some common ground. Some steps that the organization has already completed may apply to new laws going forward. However, if you’re managing privacy using spreadsheets, you probably don’t have a way to identify and apply that knowledge. Hundreds of hours are wasted repeating the same tasks. The same is also true when you think about assessments and reporting. As organizations are subjected to more regulations, the inefficiencies of privacy spreadsheets continue to stack up and slow down privacy teams. Technological advances over the past few decades have increased organizations’ dependence on data. Consumers have welcomed Internet of Things (IoT) devices Consequently, organizations are collecting massive quantities of personal information. While these datasets provide employees with valuable information, the opportunities to Privacy spreadsheets can’t accurately track when data is being collected, stored, and shared across the organization or with vendors. In most cases, additional tools and technologies are needed to supplement spreadsheets As more regulations come into play and more departments are held accountable for responsible data use, managing multiple spreadsheets and tools is quickly becoming a disorganized mess. Attempting to collaborate through privacy spreadsheets is a recipe for disaster. It’s true, you can share spreadsheets with your team or the entire organization. sharing isn’t the same as collaborating Keeping a privacy program updated requires many individuals across the organization to weigh in. Reports and assessments need to be generated and completed by various departments. If you’re using a spreadsheet to accomplish this, there is no way to alert people of your needs or track their changes. Furthermore, much time is wasted while waiting for others to finish their parts. Efficient collaboration is necessary for organizations that treat privacy as a strategic priority You’ve probably noticed that changes in privacy are happening fast. Additionally, when customers or vendors make requests about their data, regulations often require organizations to respond within a specific number of days. These facts put additional pressure on privacy officers with already constrained resources. As regulatory reporting needs and data subject information requests increase, privacy spreadsheets lack the speed required to keep your organization compliant. The advantages of managing privacy with software Organizations that recognize privacy as a competitive advantage , use software designed specifically for privacy management. The alternative is just too costly. A breach or misuse of personal data could not only result in a fine, but it can also become far more expensive if customers are becoming more savvy with their privacy. People intentionally seek out companies such as Apple and who make privacy a priority. The same is especially true for those in the B2B sectors. Organizations can end up in the cross-fire if their partner organizations or vendors aren’t taking privacy seriously. Proper privacy management is an essential requirement for business today. Software that is designed for this purpose empowers a culture of privacy within your organization. goal is for every employee to understand privacy management , not just those who handle the privacy spreadsheets. Privacy software makes it easier to support privacy impact assessments (PIAs) and enables faster responses with build in automation and logic. You’ll also get time back in your day with proactive risk notifications, on-demand reporting, and easy collaboration across the organization. ==================================================================================================== URL: https://trustarc.com/resource/does-your-company-manage-third-party-vendor-privacy-risk/ TITLE: How Well Does Your Company Manage Third-Party Vendor Privacy Risk? | TrustArc TYPE: resource --- Third-party information security risk is a massive concern for companies of all sizes. And it’s not just because they’re facing greater regulatory compliance demands. Failing to comply with data protection and privacy regulations can mean severe legal and financial penalties in the short term. But failing to protect customers’ privacy rights can trigger even bigger financial issues in the long term when customer trust and loyalty are lost. So your organization needs to be hyper-vigilant about ensuring third-party vendors protect the privacy of your customers’ personal information – as if those customers were their own. Because if you lose customers, so do they. Privacy is one of the biggest factors in third-party vendor risk In a recent episode of the EM360 podcast titled Effectively Managing Third-Party Risk I was asked if privacy is one of the biggest challenges companies face in the third-party risk landscape. The answer is yes, of course. But it’s not a simple answer, because there is a lot of confusion about the current state of privacy and a lot of uncertainty about the future state of privacy – all of which has great implications for effectively managing third-party risk. Many companies tend to be reactionary to risk. So this can mean there isn’t a consistent approach to managing third-party vendor risk: some are more cybersecurity focused, and others are more privacy focused. Previously, information security teams typically took the lead in assessment and management of vendor risks related to data protection, but now the explosion of the Internet of Things makes data privacy equally important, and privacy teams need to have a seat at the table. Procurement teams will need to reach agreements with cybersecurity and privacy teams on their desired outcomes when selecting and managing vendors. It might not be easy, but it will be even more challenging if clear risk principles and guidelines aren’t established internally first. I believe the assessment and management of third-party risk should be a shared approach between the privacy office and cybersecurity. Given the prevalence of data sharing across any organization, this approach will help ensure you have company-wide clarity on both data privacy and cybersecurity risks. And then you can set expectations and standards for any third parties who may collect or have access to your customers’ personal data. Which approach do you use to identify and assess third-party risks? We see various ways privacy and security risk assessments of third-party vendors are administered among the organizations TrustArc meets. Though they usually fit into one of the following approaches: Low-tech assessment – administered using spreadsheets. High-tech assessment – administered within a software platform. We used to encounter some organizations with no approach to assessing third-party risks because they didn’t know how or where to begin – or they didn’t see the need – but these cases are now rare thanks to recent enforcements of privacy regulations, particularly from California Pros and cons of low-tech third-party risk assessments using spreadsheets Spreadsheets are readily available in business software packages. Most employees know how to work with spreadsheets: they’re easy to use and easy to start. They offer a low barrier to entry for recording third-party risk assessments. Spreadsheets are very labor-intensive to maintain and become increasingly cumbersome to work in, year on year. It is difficult to identify gaps or risks recorded in a spreadsheet-based assessment due to its basic (and often rigid) structure. One size fits all: vendors can only respond to the questions they’re asked, and there is no conditional logic that opens up additional questions based on the relevancy of a vendor’s answers. There is no automated reporting, making it difficult to track what has changed in third-party vendor risk over time. Pros and cons of high tech third-party risk assessments using specialized software Specialized risk assessment software allows for conditional or logic-based questions: for example, if X is selected show Y, which means vendors answer only relevant questions and companies gain better risk insights. Risk assessment software includes automated workflows, which improve the quality of data on each risk assessment process, such as vendor collection, follow-ups, approvals, and revalidation efforts. They give companies useful controls to flag and generate plans of action or lists of potential risks that need to be addressed. Their automated reporting capabilities give companies useful insights for managing vendor contracts over time, including a risk summary that scores inherent and residual risks. Insights from automatic pivot tables, for example, prompt actions, such as alerting legal teams to add clauses into vendor contracts based on the results of a risk assessment. New software needs to be bought, which is an additional expense that needs to be added to a company’s risk management budget. Employees need to be trained on using the software, and a user guide needs to be created and given to vendors so they can meet their third-party risk assessment obligations. Like most software as a service (SaaS) solutions, risk assessment software depends on external support. SaaS is managed off-premises, meaning a third party is involved, and thus normal security concerns are triggered about data and systems managed externally. TrustArc’s recommendation: adopt risk assessment software Your company is likely already working with multiple vendors with access to some of your customers’ personal data, all of whom need to be regularly assessed to ensure they meet security and privacy compliance. Just as your company must keep up to date and be compliant with new privacy and data protection regulations, you are also responsible for auditing third-party compliance. This means you can no longer rely on occasional audits. Third-party privacy risk assessments must be part of your ongoing privacy risk management program. How TrustArc helps companies manage ongoing third-party vendor risk Managing third-party risk can seem complicated, though it doesn’t have to be. As the leader in privacy management software, TrustArc offers outstanding expertise, experience, and intuitive solutions to help your company quickly adopt smart and effective vendor risk assessment processes. ==================================================================================================== URL: https://trustarc.com/resource/data-processing-gdpr/ TITLE: Data Processing Under the GDPR | TrustArc TYPE: resource --- Are your data processing activities subject to the GDPR? European Union’s (EU) General Data Protection Regulation (GDPR) was initially effective in 2018, many companies were confused about whether they were directly subject to the GDPR or not. Back then, companies tended to be more focused on not being subject to the extraterritoriality of the GDPR. Now, with the advent of the new Transfer Standard Contractual Clauses (SCCs), processors are perhaps more focused on being directly subject to the GDPR. Data processing activities and transfers must be included in your risk assessment to understand the level of data protection. How to determine if Article 3(2) of the GDPR applies to you To determine this, look at the language of Article 3(2) itself: 2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or b) the monitoring of their behavior as far as their behavior takes place within the Union. What key concepts should you consider: Not established in the Union So you must be located outside the European Economic Area, which comprises the 27 member states (not the UK) plus Iceland, Liechtenstein, and Norway. This provision applies to the processing activities, not to the company So if you are subject to the GDPR for a data processing activity, your other processing activities may not be subject to GDPR. You need to assess each processing activity. If the processing activity is offering goods or services in the EEA or is related to monitoring the behavior of individuals in the EEA, then the GDPR applies directly to that activity. GDPR specifies offering goods and services to “data subjects” not to companies There is some debate around business-to-business activities, but the authorities have not clarified whether data subjects within organizations are or are not included in this definition. At this time, we approach this from a conservative viewpoint that B2B activities are not excluded. If you are still unsure, let’s first turn to some guidance from the European Data Protection Board from 2018 when companies were initially debating whether the GDPR applies to them. The EDPB provided key guidance that applies to the current analysis, such as the “targeting” criterion. For the activity in question, are you targeting your goods and services to the EEA? The EDPB clarifies that data processing activities which are “related” to the activity which triggered application of Article 3(2) also fall within the territorial scope of the GDPR. “[T]here needs to be a connection between the processing activity and the offering of good or service, but both direct and indirect connections are relevant and to be taken into account.” You may be able to determine whether or not you are “targeting” the EEA by examining key aspects of your activity: Do you use any languages in the EEA, such as French or Italian, in the activity to facilitate purchases or usability? Do you convert purchase amounts to any currency in the EEA? Do you reference the EU or one of the countries by name with reference to the good or service? Do you pay for any search engine optimization for the EEA? Have you launched marketing and advertising campaigns directed at an EU country audience? Is the nature of your offer international, such as certain tourist activities? Do you list any EEA contact information for assistance or sales? Do you use a top-level domain name in the EEA, for example “.de”, or the use of neutral top-level domain names such as “.eu”? Do you provide travel instructions from one or more other EEA countries to the place where the service is provided? Do you mention international clientele composed of customers domiciled in various EEA countries, in particular customer testimonies? Do you offer the delivery of goods in EU Member States? Any of these could indicate that you are targeting the EEA for your goods and services. If you do target the EEA, or monitor behavior of individuals in the EEA – such as by cookies & trackers – you also need to know what to do now. What are the next steps if your data processing activity is directly subject to the GDPR? This means that you do not need to use the new Transfer SCCs, but you not only have to you need to demonstrate compliance. You will need the following documentation: Demonstration that you are directly subject to GDPR via the processing activities in consideration. Individual assessment of your goods and services on an activity level (per good or service) with your controllers and / or processors to identify which relationships are impacted. Review the Transfer SCCs to see what you may need to put in place with your controllers or processors. Assessment of third countries (non-EEA countries) for government surveillance activities. Identify risks associated with processing activities, especially sharing of data to processors across borders. Supplemental measures to mitigate the risks identified, including with third countries and processors. Demonstration that you comply with the GDPR, such as through GDPR Validation or the What are the next steps if you need to transition to the new transfer SCCs? Whether you need to transition to new Transfer SCCs for your controllers or processors or you are not directly subject to the GDPR with your data processing activities, you need to: Review the new Transfer SCCs; Identify which module applies to your circumstances; and There are 4: Controller-to-Controller, Controller-to-Processor, Processor-to-Processor, and Processor-to-Controller. All are located in the one official document from the European Commission, but TrustArc developed the four separate documents for you. Start the transition process. You can still negotiate new contracts with the old SCCs through September 27, 2021. After September 27, you can only negotiate with the new Transfer SCCs. Old SCCs are still valid in current contracts through December 27, 2022. After December 27, 2022, only new Transfer SCCs are valid and only where they are valid. So if the GDPR applies directly to a data processing activity, you not only cannot use the new Transfer SCCs, they will not be valid. In addition, you need to do the same documentation as listed above – review your own controller and processors to identify where the new Transfer SCCs can be used, assess each transaction individually, assess each third country you transfer data to, and assess your risks, mitigate them, and publish supplemental measures. These will be attached to the new Transfer SCCs as annexes. ==================================================================================================== URL: https://trustarc.com/resource/navigate-pipl-ambiguity/ TITLE: Keys to Navigate Through PIPL Ambiguity | TrustArc TYPE: resource --- Is navigating PIPL ambiguity making you feel uneasy? Are you wondering if your organization has done enough to comply with the Personal Information Protection Law of the People’s Republic of China When PIPL went into effect in November 2021, there were still major gaps in the regulation leaving many organizations confused. Thankfully there is new guidance to help you navigate through PIPL’s ambiguity and get your organization compliant. PIPL compliant privacy notice requirements The PIPL privacy notice requirements serve as guidelines for compliance. Use these as a starting point to navigate through First, a specific procedure must be in place for companies when drafting their privacy notice. This includes a clear owner or department responsible for drafting the privacy notice. Organizations will also need to have a complete personal information security management system. Secondly, it requires identifying the scope of the data collection. Thus ensuring that the collection is fair, legal, and necessary. PIPL specifies a detailed scope of what is considered essential data for different service types. For example, if it’s a ride-hailing app what is considered necessary is the name, contact, address, and location. But if it’s a financial app, collecting people’s ID and ID number folder is considered necessary and allowed. Thirdly, if the processing activity significantly impacts the data subjects’ interests companies should have a security assessment . Activities that significantly impact individuals’ rights of interest include: Processing sensitive information Automatic decision making processes Processing on behalf of another handler Externally disclosing personal information Cross-border data transfer In the security assessment the purpose, scope, method of data collection, the individuals’ rights and interests, and how to protect them need to be identified. is also required. This report needs to identify the data type collected, the storage of those data collected, a mapping of the data transfer, and the owner. Based on the service type of your product or service, the data handler is required to list all necessary personal information collected, as well as unnecessary personal information collected, with an explanation of why they’re collected. PIPL Privacy Notice Public Comment Period Any updates or revisions to your PIPL privacy notice that creates a significant impact on individuals’ rights or interests should be made available for public comment. The handler should publish a proposed revision on the official website for at least 30 days. Afterwards, the handler should provide an explanation of why public comments were considered or not. Understanding certification requirements for PIPL cross-border data transfer has an extraterritortial effect. This means it applies to information about Chinese individuals processed both inside or outside of China. A key challenge when navigating PIPL ambiguity is the regulation of international transfers of personal data from China When considering a cross-border data transfer, there are security assessment measures outlined in previous legislation and Article 38 of PIPL that should be used. Under article 38, you need to follow at least one of the four procedures: Undergo a security review organized by the CAC Undergo PI protection certification by a professional institution Sign a contract with a foreign party stipulating the rights and obligations of each party Meet other conditions set by the CAC or relevant laws and regulations The first procedure is to undergo a Data Export Security Assessment . Companies must undergo a security assessment if they want to export data under the following scenarios. A multinational company trying to process to a headquarters or office outside of China. A foreign information handler trying to either access information within China or process information about Chinese individuals. Data processors that have transferred the personal information (PI) of 100,000+ people or the sensitive PI of 10,000+ people overseas since January 1 of the previous year. Sensitive PI includes but is not limited to biometric data, medical history, financial accounts, location, and any PI of minors under the age of 14. The security assessment measures also adds a new article to define the scope of “may endanger national security, economic operation, social stability, or public health and safety once tampered with, destroyed, leaked or illegally obtained or used.” not all organizations will need to undergo a CAC security review and external audit to comply with PIPL cross-border data transfer. If the company is not a CIIO (Critical Information Infrastructure Organization), or handles smaller volumes of data than set by the thresholds, it may be able to get clearance to transfer data or PI by signing a ‘standard contract’ with the recipient. How is certification processed? You will certainly find the draft technical specification of certification particularly helpful when processing the certification process. There are a couple of basic requirements when assessing cross-border data transfers: You need to have legal binding documents or estate contracts that specify parties involved in the cross-border. Those transfer the category of the data processed and the process and the scope of the data involved. The purpose of the processing activities needs to be clarified and measured to protect individual rights and interests. You also need to share rules that the parties involved in the processing activity have agreed on. This is a lot like standard contractual clause and is considered a most promising route for how to process data transfer. Should the DPO be based in China? Let’s answer the big question many companies have today! Clearly, the best practice is to have a DPO based locally in China. This way, you’ll have boots on the ground, transfer information quickly, have easier access to Chinese authorities, and be able to respond to the regulators faster. But it’s not mandatory. If you’re just starting a local representative who understands the language, is familiar with the culture, and responds to regulators in an effective way is sufficient. Get detailed insights, tools, and templates to help you manage China’s Privacy Framework and other regulations. China: Cross-Border Transfer Rules Template Review the rules for transferring personal information (PI) outside of the People’s Republic of China. ==================================================================================================== URL: https://trustarc.com/resource/china-pipl-now-in-force-with-more-clarity-on-international-transfers/ TITLE: China PIPL Now in Force – with More Clarity on International Transfers | TrustArc TYPE: resource --- Chinese Personal Information Protection Law (PIPL) entered into application. Getting Started with PIPL Compliance previously outlined the obligations organizations have under this new omnibus data protection law. It is important to realize all these obligations now have taken full effect, despite the unclarity that remains for some of them. Confusion about PIPL compliant international data transfers One of the issues where a lot of unclarity remains is international transfers. However, on 29 October 2021, the Cyberspace Administration of China (CAC, the main regulator for all things digital) suddenly announced a public consultation of four weeks for the so-called Outbound Data Transfer Security Assessment Measures (the Measures). This assessment is one of three options to export data from China to any other country. Stanford University’s DigiChina has provided a helpful of the consultation document. A data transfer based on a security assessment consists of three phases: – the data handler and the foreign receiving party will need to have a contract in place for the data transfer that meets the requirements of the PIPL in general, as well as of Article 9 of the Measures. This means the contract will need to provide full details of the processing operation, limitations to data storage, retention periods and onward transfers, details on a required review of the security assessment if the legal situation changes, as well as provisions on liability and consequences of data breaches. A security self-assessment – before any data can be provided abroad, the data handler will need to conduct a self-assessment as prescribed in Article 5 of the Measures. This process seems to align with the data transfer risk assessment that has become en vogue in Europe recently, and documents the transfer process, any risks that have been considered as well as their mitigating measures, as well as assurances from the receiving foreign party that the Chinese requirements will be respected. – the final step in the process is the government-led security assessment. To this end, the self-assessment and underlying documents, including the (draft) contract between the data handler and the foreign receiving party, will need to be submitted to the regional branch of the cybersecurity authorities which oversees the data handler. Within 7 business days, they will need to confirm if the assessment is accepted, and if so, the authorities have 45 days (extendable to 60 days for complex cases) to complete their assessment. The focus of the government assessment is mainly if the transfer has negative effects on China’s “national security, the public interest, and the lawful rights and interests of individuals and organizations”. After security assessments Once a data transfer security assessment is approved, it will remain valid for two years, unless the legal situation in the receiving foreign country fundamentally changes. If that is the case, a new assessment is required, and the existing assessment’s validity could be withdrawn. If the transfer security assessment is not approved by the authorities, the data transfer cannot take place. It is unclear if any appeals would be possible to such a decision. Still navigating the complexities of China’s international data transfer rules? Get a comprehensive breakdown of cross-border transfer mechanisms—including security assessments, standard contracts, and certifications—in our guide: Navigating China’s Privacy Framework ==================================================================================================== URL: https://trustarc.com/resource/build-privacy-program-adapts-scales/ TITLE: Beyond the Tools: How to Build a Privacy Program That Adapts and Scales | TrustArc TYPE: resource --- data privacy laws evolve faster than the next Netflix true-crime docuseries, privacy professionals find themselves facing a relentless game of regulatory whack-a-mole. But before you grab the latest automation tool and start swinging, there’s a crucial truth to remember: technology alone won’t save your privacy program. What you need is something deeper. Stronger. Smarter. You need a foundation. One that can support the weight of compliance, risk, innovation—and yes, eventually, the tech stack of your dreams. Why tools can’t fix a flawed privacy program Imagine trying to fix a leaky roof by buying a high-powered drone to inspect it without ever patching the holes. That’s what happens when companies rush to adopt without laying the groundwork. Privacy success doesn’t start with automation. It starts with accountability, structure, and strategic alignment. Without these cornerstones, even the best technology can magnify inefficiencies instead of solving them​. The numbers don’t lie: Why the foundation matters If you want to manage privacy risk like a pro, it starts with measurement. 2024 TrustArc Global Privacy Benchmarks Report , companies that actively measure the effectiveness of their privacy programs score 31 percentage points higher on the TrustArc Global Privacy Index than those that don’t​. Let that sink in: Thirty-one points. That’s the difference between paddling through compliance with a plastic spoon and cruising forward in a speedboat of strategy. Why the lift? Measurement breeds insight, insight drives action, and action delivers results. It’s a flywheel effect. What separates high-performing programs from the rest? You guessed it: a well-established foundation built before technology enters the scene. Let’s break down what that looks like and how to build your own. Step 1: Establish accountability before you automate You can’t steer a ship through stormy seas without a captain. The same applies to privacy programs. Start by assigning a dedicated privacy leader: Chief Privacy Officer, General Counsel, or someone with the clout to drive change. But don’t stop there. Extend responsibility across departments. Legal, HR, Marketing, and IT all have a role to play in protecting personal data. Host cross-functional privacy workshops. Make it collaborative, not top-down. Start by inviting stakeholders from legal, HR, marketing, IT/security, and operations. Each function has its own lens on privacy, and tapping into that collective brainpower is how you go from chaos to coordination. Set the stage with shared goals. Frame privacy as a trust-building opportunity, not just a legal necessity. Use real scenarios, not theoretical talk. Use whiteboards over slide decks. Encourage group sketching, sticky notes, and live data flow mapping. When people move around, write, and co-create, they don’t just understand the program; they become part of building it. Appoint privacy champions. Instead of making privacy the job of one department, use these sessions to nominate a “Privacy Champion” from each function. This person becomes the go-to for questions and helps operationalize policies within their team. End each workshop with a structured debrief: What worked? What was confusing? What do we need to revisit? You’ll uncover blind spots before they become compliance gaps. Step 2: Align privacy goals with business strategy Your privacy program isn’t a side quest. It’s part of the main storyline. Whether your North Star is compliance, ethical data use, or trust-building, tie your objectives to broader business goals. A privacy program framework like the Nymity Privacy Management Accountability Framework can help structure your efforts and show progress in a language executives understand​. Think of your privacy strategy as a rocket. Without proper coordinates (a.k.a. objectives), it might blast off and crash into the ocean. Step 3: Assess before you invest Before improving anything, you need to know what’s working and what’s not. Conduct a comprehensive baseline assessment. Identify existing privacy practices (even if they’re ad hoc), , and analyze gaps. This “health check” is the flashlight that reveals the dark corners of your data ecosystem. reveals duplicate, untracked customer data scattered across regions. By consolidating and centralizing systems, an organization could reduce storage costs, tighten security controls, and bolster compliance—all while creating a cleaner, more trustworthy data environment. Scenarios like this aren’t uncommon. These are the kinds of hidden inefficiencies and risks that can emerge during a baseline review. Addressing them can unlock measurable value​. Step 4: Build a risk-based privacy program Privacy isn’t just about checking boxes. It’s about triage—addressing what could actually hurt your organization. Assess and categorize risks related to data processing, security vulnerabilities, and third-party vendors. Then, create tailored mitigation plans. For high-risk areas, use tools like Privacy Impact Assessments (PIAs) to document your diligence. Future-proof your program by incorporating emerging risks, such as algorithmic bias or AI misuse. Your privacy playbook should evolve as fast as the tech does. Step 5: Document policies that drive behavior A dusty policy document no one reads won’t help you in an audit or in a crisis. Instead, develop privacy policies that embed privacy into operations. Include data retention timelines, third-party assessment protocols, and privacy-by-design principles . Make sure your policies don’t just live in binders but come to life in workflows. Think of your privacy policy like the Jedi Code. It’s not a tradition, it’s how the galaxy (or your company) stays balanced. Need examples of real-world privacy policies that drive change? They’re in the eBook—download it and skip the guesswork. From Chaos to Control: Building a Scalable Privacy Program Before You Automate Step 6: Train like your reputation depends on it Create role-based privacy training so everyone (from developers to marketers) understands their role. Reinforce with ongoing campaigns and celebrate privacy milestones like you would product launches. Start building a privacy-first culture one training session at a time. experience significantly fewer data breaches. Awareness = prevention. Step 7: Monitor and improve continuously Your privacy program is a living thing. Feed it. Nurture it. Tune it like a high-performance engine. like DSR response times, training completion, and audit outcomes. Conduct regular policy reviews and internal audits to stay aligned with shifting regulations. A quarterly dashboard showing how many DSRs were resolved on time helps stakeholders and regulators see that your program walks the talk​. Want to know where your privacy program really stands? The eBook includes a maturity model to help you benchmark your progress and build a roadmap to reach the next level. and see how your program stacks up—and where to focus next. Step 8: Get audit-ready and stakeholder-smart Can you prove compliance at a moment’s notice? You should. Keep logs of PIAs, training, risk assessments, and breach responses. This isn’t just for regulators. It’s how you build trust with customers and partners. When data subject rights requests come in, handle them with professionalism and speed. Think of it like a fire drill. Be ready before the alarms go off. Step 9: Now—and only now—bring in the tools Here’s the climax: you’ve built a scalable privacy program. Now, it’s time to enhance it with technology. If you’ve been wondering how to scale a privacy program without creating chaos, this is where it all pays off. Start with tools that solve your most painful manual processes, like . Then, scale into real-time monitoring and AI-powered privacy analytics Tech is your turbocharger, not your foundation. With a strong foundation in place, tools like PrivacyCentral can scale your efforts without compromising control​. Not sure if your privacy program is ready for automation? The eBook includes a tech-readiness checklist to help you decide when to scale and when to slow down. and make sure you’re building on solid ground, not quicksand. So here’s the bottom line: building a privacy program isn’t about grabbing the shiniest tool or hitting compliance deadlines like whack-a-mole. It’s about crafting a system that adapts, scales, and grows with your business. Yes, the road to privacy excellence is winding. But by starting with accountability, aligning with strategy, and focusing on risk, you’re not just surviving the regulatory rollercoaster; you’re leading the ride. Ready to go from privacy program chaos to control? This article gave you the highlights, but the eBook dives deeper, offering step-by-step suggestions, real-world examples, and practical templates. Want to see the full framework? From Chaos to Control: Build a Scalable Privacy Program Before You Automate Because in privacy, as in life, clarity is power. Build your foundation. Then build your future. ==================================================================================================== URL: https://trustarc.com/resource/dos-donts-of-privacy-automation-software/ TITLE: The Do’s and Don’ts of Selecting Privacy Automation Software | TrustArc TYPE: resource --- When selecting a data privacy automation software for your business, you want to make the right choice. But considering how fast the data privacy industry has grown, it’s likely your first time purchasing software for this purpose. With the rapid advancement of IoT, , and Artificial Intelligence (AI), comes the need for greater data responsibility. And regulations are quickly catching up to these new technologies, increasing the need for better privacy programs and data security. Building a privacy program that minimizes risk to the data subject and your organization requires resources and powerful technology to keep up with the pace of data collection, processing, and requests. How do you know if a privacy automation software will meet your needs? Before deciding on the right privacy software, you must understand your business requirements for data privacy. For example, are there State, Federal, International, or industry-specific regulations that your company must comply with? What types of data are you collecting, processing, or sharing, and what is the risk associated with that information? Some industries come with greater risks to personal information than others. Especially companies and services that collect health, financial, or other personal information to conduct their operations. use an open-source solution or spreadsheets and shared documents to start building a privacy program. Trying to scale these solutions usually results in misery, errors, and inconsistency for the privacy team. It’s at this point that companies start looking for some type of privacy automation software solution. But, before you do, check out these do’s and don’ts of selecting privacy automation software. What to do when selecting privacy automation software Do get the right people involved Privacy isn’t the job of a General Counsel, a Chief Privacy Officer, or the Chief Information Security Officer alone. If your company collects data about people, privacy is a part of everyone’s job. In fact, in today’s data-centric world, Heads of Marketing, Strategy, and Data Science are often heavily involved in the privacy technology solution decision. Before you start researching privacy tech solutions, there are two internal tasks that you should focus on. Gather a detailed list of the business functions and their specific requirements to use, process, share, or collect data. Outline every business process the potential privacy technology will need to align with to satisfy all requirements you listed in the first task. If you haven’t already, at this stage, it’s beneficial to create a high level data map to best understand how data flows in and out of your organization. However, some privacy technology solutions come with this capability. Understanding the specific requirements and business processes is essential if you want a privacy automation software that will scale with your company. Depending on the nature of your organization, where it’s located, and who your customers and partners are, the people and functions involved in the decision can vary greatly. Some roles and functions to consider include: Marketing, Communications, and Public Relations Information Governance and Risk Management Business Strategy, Operations, and Data Intelligence Sales and Customer Service Data is often used heavily in these functional areas to influence strategy, make decisions, and carry out key daily business functions such as marketing, sales, and customer service. Identify the stakeholders with data privacy interests in your organization and in the privacy technology selection process. Do ensure the laws and regulations you need are included in the software Data privacy has become a complex web of regulations regionally and globally. Mix industry into the equation, and the complexity increases. Now add in quickly advancing technology such as IoT and AI, and the potential for new regulations becomes endless. When vetting privacy automation software, ask which regulations are included and how often new regulations are added. Some privacy technology solutions may be more tailored to specific regions or industries. Examine your business strategy. Which regions will you expand to? Industries? Will this be covered with the potential solution? Will it automatically identify privacy laws and standards that apply to your company? The global privacy regulation landscape is anything but stagnant. And you not only need to keep up with the regulations, but you also need to know how if your current practices are enough to comply with new regulations fully. The best privacy automation software will intuitively analyze gaps between your current privacy program and existing regulations. The more customers you plan to serve, the more important it is to know the regulations you must comply with and how they change. Otherwise, noncompliance with privacy laws can cost your company millions in fines. At a minimum, the solution you select needs a strong privacy regulation roadmap. With hundreds of privacy regulations across the globe, this isn’t an area you want to skimp due diligence. Beyond the sheer number of regulations alone are the intricacies of each regulation. For example, some regulations require privacy assessments (and, therefore, data inventories) to be conducted. Great privacy automation software moves beyond regulations to include essentials for a privacy program. Ask potential solutions providers about privacy and data protection assessments, templates, automatic data inventory population for assessments, reporting capabilities, data subject rights management, and website compliance audits. Essentially, you’ll want a tool to plan and structure your entire privacy program in one place. Do know which connections and integrations you require Data has become central to business operations because of its incredible value when well-harnessed. Contrary to popular belief, doesn’t limit the potential value of data. It increases it. Purchasing, sharing, processing, or using data that doesn’t comply with privacy regulations is a ticking bomb for your organization . It can cost you in fines, loss of trust and customers, and even lead you in the wrong strategic direction. At the very least, it will take a strenuous effort to get that data to a usable state. Data collected in compliance with privacy regulations is far more valuable than data that violates privacy laws. The transparent use and collection of data builds trust with stakeholders and provides valuable insights that can be relied upon. To extract data’s value, you’ll want to find privacy software that can connect with common technologies such as Application Programming Interface (API), Customer Relationship Management (CRM) software, Tag Management Systems, and other Marketing, Website, or Customer Success tools you currently use. Include outlining desired connections and integrations that will be needed from all stakeholders in your privacy automation software selection process. Do select a software that can grow with your business You have big plans for your company and privacy isn’t going away. You need software that can scale with your company and keep up with technology and privacy requirements. Finding the right privacy automation software the first time can help you save big. Mainly because of . Getting a privacy program up and running takes time and effort. Employees need to learn how to use the software and get the information uploaded into the system. If you decide to switch privacy automation software providers after your contract ends, you’ll incur all those costs of setting up a new software again. This is often referred to as – and it’s a primary reason customers stay locked into a product or service even if they aren’t happy. As you vet different privacy products make sure you learn about their full suite of capabilities, not just what you need today. Some privacy programs are built for specific purposes only, while others may span all information governance, data inventory and mapping , consent and preferences management, data subject access requests, and even security requirements. However, don’t be oversold. If you don’t need every add-on a company is offering today, don’t be forced to buy more than you need. What not to do when selecting privacy automation software Don’t assume automation will do everything As AI and machine learning become more prevalent there are still misconceptions about what it can accomplish. Even the best privacy automation software needs to be properly set up to work “automatically”. Expect to do work on the front end to upload your privacy policies and procedures into the software. You’ll also likely need to import existing data inventories, vendors, and records into the system. One way that vendors can stand apart is in the level of service they provide to help you get started. Ask about the materials and support available to help integrate your existing processes and migrate data into the application. Will there be any additional fees for onboarding, training, and implementation of the solution you select? Is there 24-hour support? These are just a few questions you should consider. In general, it’s most helpful to have a clear understanding of what automation does before you assume it has magic powers. Don’t be fooled by introductory pricing/offers that quickly increase in the years to come Remember those switching costs from earlier? Some companies may take those costs to a whole new level by offering low or nearly free introductory pricing and then significantly raising your rates in the years to come. Pay close attention to any contracts and prices you agree to and . Transparency is highly valued in privacy and your vendors should embody the value of transparency as well. If not, take that as a red flag. Don’t select a privacy automation software for another purpose Selecting a dual-purpose software solution or one made for a reason other than managing a privacy program might sound good, or even come in at a better cost for your business. But research shows that the type of privacy software solution you adopt matters. Organizations that adopted privacy management software among other choices scored the highest on TrustArc’s 2022 Global Privacy Index Solutions such as Governance, Risk, and Compliance (GRC) software, spreadsheets, emails, internally developed systems, and free or open source privacy software all fell short. If your company is serious about building consumer trust, avoiding penalties and fines, and building a compliant privacy program, select a dedicated privacy automation software solution. Don’t buy a solution that doesn’t help you extract value from your data Organizations today are collecting all kinds of data. While some of it may be a special class of personal or sensitive data, other data can be used for all sorts of purposes. As you search for the right privacy automation software, look for a provider that enables you to achieve your business outcomes through data . Using your list of business processes, determine: what outcomes does the company hope to achieve with data? At a minimum, you need a solution that will have full data inventory, mapping, and management capabilities. This includes everything from your data lifecycles to building data inventory records for DPIAs, and the ability to configure information collected about each type of data. You’ll also want to pay special attention to the ability to flag high-risk processes and data compliance risks such as sensitivity and geographic location. Consent and data subject requests (DSR) management are crucial capabilities The foundation of a complaint data privacy program lies within transparent communication between your business and its consumers. To use their information, you need their or permission. And consumers should be able to easily change or withdraw their consent through DSRs A complete privacy software solution will include a platform for consent and preference management as well as managing those data subject requests in a timely manner. You’ll want to find a solution that can assign tasks automatically around resolving DSRs, workflows, and access levels in addition to privacy law compliance. Global laws and regulations heavily influence how consent and preferences are to be managed. This often has a major influence on how marketing, sales, and communications teams connect with their audience. You need a solution that can automate privacy law compliance and help you manage your data in a profitable way. Be wary of solutions that focus on only one aspect of the data lifecycle. While they may be specialized, they may not help you achieve your business goals. Take the next step to automated privacy program management Whether you are looking for a certification or need to build a robust privacy program including assessments, customer consent and preference management, regulatory compliance, and data management, TrustArc provides the right solution to match your needs. Achieve privacy excellence with automation ==================================================================================================== URL: https://trustarc.com/resource/dpos-consider-privacy-awareness/ TITLE: 3 Things for DPOs to Consider About Privacy Awareness | TrustArc TYPE: resource --- More Data Protection Officers (DPOs) needed Many of the impacts of the EU’s wide-reaching General Data Protection Regulation (GDPR) are still being hemmed and hawed about, but one thing is clear: more Data Protection Officers will be needed. The IAPP estimated in 2016 that an estimated 28,000 new DPOs would be needed to oversee data handling for organizations subject to the GDPR. The mandatory DPO is one of many provisions within the GDPR going into effect in May 2018. ( Check out our white paper here While the requirements for getting in compliance with the GDPR are many—see the full here or take a look at a short version from the —there’s one important factor that we want to draw attention to: Privacy awareness training The GDPR requires privacy awareness training, and it’s the DPO’s responsibility Although the GDPR offers no real specifics on privacy awareness training should entail, I’d like to provide some suggestions, based on our years of experience working with some of the most privacy-aware global companies. If you’ve been assigned the DPO duties in your organization, here are three things for you to consider as you begin your work. To the new Data Protection Officer Congratulations on your new DPO position! You’ll undoubtedly be hitting the ground running, so allow me to quickly get to my point. The GDPR in no uncertain terms requires privacy awareness training . With this obligation hanging over your head, you might be wondering how exactly to begin moving down the path of organization-wide privacy awareness. The short answer: strive for a privacy-aware culture. Even nebulous corporate values like can be essential to the functioning of an organization if they are championed by executives, embedded in operational procedures, aligned to key business goals, measured regularly, and effectively communicated on a consistent basis to all employees. Such steps ensure that these values are proactive parts of corporate culture, embedded within the organization’s design, and accepted across the organization as the default mode of operation for all employees. The onus is on you to champion privacy-based thinking as a vital part of organizational culture. Such a task is no small feat, but possible. How? You can start by following some of the best practices of America’s most risk-aware companies. Three best practices of risk-aware companies For better or worse, people look to leaders to set the tone for their organization. That’s why you, your organization’s new DPO, and your executives must understand the importance of clear communication about privacy risks. In our experience, too few people at this level understand or speak personally and directly about the impact this risk has on their lives and their organizations. We need to do a better job of educating leaders about the nature of risks, and get them to incorporate this understanding into the regular communications to their employees and citizens. Ensuring that privacy risks are understood at the executive level will also make it easier to make the case for comprehensive privacy awareness programs when there is a check to be signed. Educate all executive-level personnel in privacy best practices and ensure they’re committed to giving privacy a regular place in communications both to their employees and to the public. But make it for everybody Employees may look to leaders to set the tone, but they will not make substantive changes in behavior unless they can directly connect data privacy risks to their work and personal lives. That’s why it’s so critical that you reach people where they are: Those handling financial information need to practice the skills involved in securing credit card data and all sources of financial data, just as nurses and healthcare professionals need to protect confidential health information Managers and executives need to understand that their heightened access to information makes them targets IT staff need special training, not just on their privileged access to data but also on the role they play as ambassadors in understanding and using information technology to protect information No matter our age or our job, we all face privacy risks. But these risks take different forms, and what we need to know and do to protect ourselves differs across our roles. The way you educate must reflect those differences, or it will be irrelevant and ultimately ineffective. Tailor all privacy-related training and communication to roles (whether they be job roles or phases in life) to ensure the information is relevant and actionable. If we ever expect privacy knowledge to become a foundational element in our culture, we need to take our cues from advertising, communications, and PR. (And not, I’m sorry to say, from conventional training practices). Look what Smokey the Bear did for preventing wildfires or what “Where’s the Beef?” did for hamburgers. As someone responsible for teaching privacy best practices (or at least researching and managing a training vendor), you need to think like an ad executive. Simple slogans or interactive experiences, clearly and delivered in fun and relevant ways, do far more to build awareness than the long, dry training courses that are so frequently hailed as the solution when it comes to data privacy. Companies that leverage highly visible, regular communications and activities focusing on key risks have the most success at building information protection into organizational culture. Is there a risk in using humor or games or shock tactics to communicate about data protection? Sure. Some people won’t get it or may be put off by a particular approach. But the risk of boring people is much greater. If people are bored, they’ll never learn. Engage in a comprehensive campaign to get people talking about privacy best practices with features like games, phishing simulation, posters, and videos. The more varied ways you can present your message, the better. My advice ultimately comes down to this: Employees need to see the benefits of identifying personal information; handling it appropriately; and reporting potential privacy incidents before they lead to data breaches. It’s essential that you raise the transparency and visibility of efforts to promote information protection, as it’s critical to the development of a privacy-aware culture within your organization. This is your opportunity to make sure that everyone at your organization makes data privacy their responsibility, as it should be. Tom Pendergast is the chief architect of Adaptive Awareness Framework approach to plan, train, reinforce, and analyze workforce learning and awareness in the subjects of information security, privacy, and corporate compliance. He has a Ph.D. in American Studies from Purdue University and is the author or editor of 26 books and reference collections. His entire career is devoted to content and curriculum design, first in print, as the founder of Full Circle Editorial, then in learning solutions with MediaPro. ==================================================================================================== URL: https://trustarc.com/resource/cookie-consent-ad-tech-regulations/ TITLE: Cookie Consent and Ad Tech Regulations Take Center Stage | TrustArc TYPE: resource --- Perhaps the only thing higher than temperatures this summer in the European Union is the level of regulatory attention being paid to data-driven advertising and website cookie practices (including similar tracking technologies within mobile applications and other non-browser environments, collectively referred to here as “cookies”). UK ICO report on AdTech, real-time bidding, and privacy First, the United Kingdom’s Information Commissioner’s Office (ICO) released an “Update Report Into Ad Tech and Real Time Bidding,” concluding that advertising technology-related entities and those involved in real-time bidding (RTB) should reassess their privacy notices, lawful processing bases, and personal data uses and sharing in light of the GDPR. However, many have not to this point. The ICO is evaluating practices within the advertising industry, keeping with the view announced in its 2018-2021 Technology Strategy that web and cross-device tracking is one of its three “priority areas” for the current period. The report’s findings: pointed out deficiencies in publishers’ transparency practices, such as not specifically naming third-party recipients of personal data collected based on consent; adjudged that “special categories” of personal data included in targeted programmatic auction bid requests ( , inferred ethnic, health, sexual orientation, or political audience segments associated with a specific cookie or other unique identifiers bid on by advertisers) are regularly being processed unlawfully by ad tech companies due to failure to obtain explicit consent from data subjects; clarified that consent–rather than legitimate interests–is not only required for the placement or accessing of cookies or similar tracking technologies on an end user’s device (under the U.K.’s PECR rules implementing the EU’s “ePrivacy” Directive), but is also generally the appropriate lawful processing basis for the real-time bidding transactions that underpin the programmatic auctions between buyers and sellers of ad spaces for targeted advertising; and noted that “the ICO has published [pursuant to GDPR Article 35(4)] a list of processing operations likely to result in…high risk, for which [Data Protection Impact Assessments] are mandatory, [and] RTB matches a number of examples on this list,” resulting in the conclusion that RTB-involved “organizations are therefore legally required to perform DPIAs.” The ICO’s report identified areas where it has concerns and expects to see changes, but it also articulated a recognition that the ad tech sector is “an extremely complex environment” that does not change overnight. With this in mind, the ICO indicated that it seeks to “take a measured and iterative approach, before undertaking a further industry review in six months’ time.” CNIL’s change of consent interpretation and timeline Next, the French privacy regulator, the CNIL, on June 28th that in light of a rise in complaints and requests related to online marketing, it has devised an action plan for the next year making “targeted online advertising a priority topic for 2019.” Part of this plan will be the release of new guidelines that will rescind the CNIL’s 2013 interpretation that continued navigation of a website could be understood as an expression of an end user’s consent to the placement of website cookies or similar tracking technologies. The CNIL indicated that it will give stakeholders a transitional period of 12 months during which “scrolling down, browsing or swiping through a website or application will still be considered by the CNIL as acceptable.” Still, the CNIL will regularly investigate matters of transparency, withdrawal of consent, security obligations and more, including instances when cookies are impermissibly set consent is collected for ePrivacy purposes. The CNIL’s calendar lists its tentative schedule for cookie-related matters as follows: : Update of the CNIL standards to align with the GDPR ( , update of the CNIL’s 2013 interpretation of consent for cookies); : Stakeholder working group to test the operational consistency of the guidelines; : Publication of new guidelines for cookies : End of the grace period, entities must comply with the rules of the new guidelines. UK ICO’s new guidance on cookies On July 3rd, the ICO regulator announced that it had published new, detailed guidance covering the use of cookies and similar tracking technologies on websites and other terminal equipment. The ICO’s guidance is intended to facilitate compliance with the Privacy and Electronic Communications Regulations (PECR) and the . Firstly setting forth the distinctions and relationship between those legal regimes, and further providing context and nuance around cookies, consent, and transparency. The ICO’s guidance confirms that if using cookies, the operator of an online service must inform users of what cookies will be set, explain what the cookies do, and obtain consent to storing cookies on a device before doing so. Moreover, if using any third party cookies, the operator must clearly and specifically name who the third parties are and explain what they will do with the information. Exempted from these requirements are cookies needed to transmit a communication over an electronic communications network, as well as cookies that are “strictly necessary” to provide a service or site requested by the user. Whereas PECR addresses the storing or accessing of information on users’ browsers and devices by requiring consent as a prerequisite to doing so, the GDPR (and its six possible lawful processing bases under Article 6) governs the processing of any personal data gained from cookies. In its guidance, the ICO recognizes that “it may be possible to rely on an alternative lawful basis for subsequent processing beyond the setting of any cookies,” but separately states that, “trying to apply another lawful basis such as legitimate interests when you already have GDPR-compliant consent would be an entirely unnecessary exercise, and would cause confusion for your users.” The regulator noted that any data processing involving analyzing or predicting preferences or behavior, or tracking and profiling for direct marketing and advertising purposes, will in most cases require consent as the lawful processing basis. Also confirmed is that “consent is necessary for first-party analytics cookies, even though they might not appear to be as intrusive as others that might track a user across multiple sites or devices.” Although the ICO concedes that the setting of a first party analytics cookie “results in a low level of intrusiveness and low risk of harm to individuals,” and that “it is unlikely that priority for any formal action would be given” to such instances. Cookie audits and banners The ICO also emphasizes the utility of performing comprehensive “cookie audits” to detail what cookies are being used on a site and to discern which of them comprise “strictly necessary” first and third party cookies versus those which do not. The guidance likewise addresses forms of notice and means of consent, including prominently displayed cookie banners that provide clear information about cookies and user control options to allow or disallow those that are non-essential. It further notes that the blanket use of “cookie walls,” which require users to agree or accept the setting of non-strictly necessary cookies before the user can access the rest of the site’s content, will generally amount to invalid consent because the user lacks a genuine choice other than to acquiesce in order to use the site. Lastly, the ICO declined to specify how often consent should be obtained from users, noting that this is dependent on a number of factors such as frequency of visitors or updates of content or functionality. What do the new ICO and CNIL guidance around and real-time bidding mean for your business? These are the questions you wanted answered: How to control all these third parties on our website? Yes, indeed. First, identify all first and third-party trackers present on your website. Next, understand how they arrived within your digital property in the first place (e.g., with your permission versus “daisy-chaining”). If you have contracts in place, review those and any underlying contracts with the unaffiliated entities. It’s helpful to categorize the cookies/trackers according to what they do for your digital property. with a tag management system or your API to not allow their loading until a user consents. What are EU regulators’ views on “cookie walls” that require consent to advertising cookies to access a site? The UK ICO generally disfavors cookies walls when employing a “take it or leave it approach” because this generally results in consent not being freely given. That said, the ICO did leave the door open slightly for cookie walls used to access specific website content rather than as a prerequisite to general site access. The Dutch supervisory authority, on the other hand, has wholly endorsed the view that obstacles that prevent an end user from interacting with a website unless that user first affirmatively consents to the dropping of non-strictly necessary cookies or firing of other tracking technologies equate to the consent being invalid. The Dutch regulator in March 2019 indicated that it will intensify the verification of correct compliance and has already sent several specific parties a letter about this, suggesting that with that notice now enunciated, enforcement action is likely to follow. That’s technically possible, such as by requesting an opt-out for all cookies or by altering one’s browser settings, but in practice for persistent (i.e., non-session) cookies that’s probably not scalable for most consumers given how many websites they visit. Under the California Consumer Privacy Act (CCPA), aren’t cookie data, inferred interests and behavior “personal information”? The definition for PI under the CCPA is very broad–arguably more expansive than the GDPR. In addition to including inferences drawn to create a profile about a consumer reflecting the consumer’s preferences, behavior, attitudes and abilities, the CCPA’s PI definition also includes IP address, unique personal identifiers and browser search history. Have you taken the EU court ruling of 29.07.19 into consideration already? EU court ruling 29.07.19 is also known as the case. The Court of Justice of the European Union found a joint controller relationship between Facebook and operators using its “Like” button on their website–but only with respect to the collection and transmission of website visitor data to Facebook, not with respect to subsequent processing. Although we continue to monitor how the implications of this complex matter may be further understood, the ECJ seems to have clarified that websites using widgets or social media plug-ins must transparently inform end users of this and request consent in advance of sending PI to such third party recipients. You indicated that ePrivacy (U.K. PECR) requires GDPR-level prior consent from an end user to access or store information on the user’s device using cookies or similar technologies. Does using a cookie tool to store EU site visitors’ consent preferences break this requirement? If I’m running A/B tests on a website, do I need to ask for consent to the users based on ICO guidance? If the A/B tests are running on a website targeted at EU visitors, and the tests involve cookies or similar tracking technologies that access or store information on the user’s browser or mobile device, then absent a documented exemption considered with counsel, it is likely that consent for ePrivacy/PECR purposes would need to be obtained prior to such access or storage. If I am a data collector, but the personal data unequivocally will not be used for any marketing or sales purposes, do you feel a notification of cookies is sufficient? Or is a separate active consent still a necessity? Regardless of the purpose, for ePrivacy Directive compliance, consent is likely needed to access or store information on a user’s browser or device unless an exemption applies. It’s possible to assert a different lawful basis, such as legitimate interests, to process any subsequent information derived from the cookies or trackers for which you obtained ePrivacy consent, but this is a nuanced determination that should only be made when fully understood with legal counsel. Will real-time bidding procedures be considered a “sale” under the CCPA? How are cookie issues impacted by CCPA? These are good questions that are not entirely clear from the text of the CCPA, and which intersect with areas where guidance from the California Attorney General is highly sought after. Given the breadth of the definition of “sell” or “sale” under the CCPA, which includes disclosing, disseminating, making available or transferring “a consumer’s [PI] to another business or a third party for monetary or other valuable consideration,” this would seem to capture many of the standard practices that exist every millisecond in RTB. However, determinations as to “business” eligibility, or whether an entity is acting as a “service provider” pursuant to a valid “business purpose” (potentially outside the definition of a “sale”) versus acting as a “third party,” are all matters of interpretation that can change, and so can’t be easily answered on a general level. ==================================================================================================== URL: https://trustarc.com/resource/top-5-qualities-in-a-great-cpo/ TITLE: Top 5 Qualities in a Great Chief Privacy Officer (CPO) | TrustArc TYPE: resource --- What is a Chief Privacy Officer (CPO)? A Chief Privacy Officer is the executive responsible for steering an organization’s privacy compass. More than just a policy wonk or legal gatekeeper, the CPO is a strategic advisor and a cultural leader. Tasked with crafting privacy policy, advising the C-suite, overseeing data protection initiatives, and training employees across the enterprise, CPOs represent the bridge between compliance and customer confidence. Their mission? Make privacy actionable. Make data ethics operational. And most importantly, make trust a competitive advantage Why has the CPO role grown in prominence over the past 20 years? Two decades ago, privacy lived in the legal department’s basement—brought out only when something went wrong. But then came the boom: smartphones, cookies, cloud computing, and a flood of personal data that rewrote the rules of engagement. global ripple effect in 2018 to the rise of U.S. state laws like the and now comprehensive frameworks emerging in India and Brazil, privacy has evolved from a compliance checkbox to a business imperative. Add in breaches, biometrics, AI, and a data-hungry economy, and it’s no wonder the CPO has become one of the most critical voices in the boardroom. Why aspiring privacy professionals should set their sights on the CPO role If you’re a privacy professional who thrives at the intersection of law, technology, and human behavior and dreams of influencing company-wide strategy, the Chief Privacy Officer seat was made for you. Being a CPO means more than managing compliance. It means: Translating dense legislation into business-friendly guidance. Guiding your company’s use of Being the voice of reason when ethical gray areas emerge. In short, it’s not just about protecting data. It’s about protecting people. The five must-have qualities of a standout Chief Privacy Officer 1. Legal and regulatory expertise Privacy is rooted in regulation, and a great CPO knows the legal terrain inside and out. Whether it’s GDPR, CCPA, , they don’t just memorize the acronyms; they understand the intent, implications, and application. Most CPOs hold certifications like CIPP, CIPM, or CIPT from the . But real impact comes from applying these principles to real-world decisions; crafting policies, building accountability frameworks, and future-proofing operations against regulatory risk. A CPO is more than a guardian. They’re a guide. The best CPOs think like business executives: aligning privacy goals with organizational strategy , securing budget, influencing culture, and proving the ROI of trust. They know how to connect the dots between privacy compliance and brand reputation, customer loyalty, and even revenue. And when they speak, boards listen because they speak in business outcomes, not just legal consequences. 3. Tech-savvy operational acumen Great CPOs don’t need to code, but they do need to understand the architecture. They work closely with engineering and security teams to ensure are practical, scalable, and built into the infrastructure, not bolted on afterward. to privacy-enhancing technologies (PETs) to automated consent workflows, operational fluency is what transforms privacy from policy to practice. 4. Communication and collaboration finesse If legal knowledge is the engine, communication is the fuel. CPOs must distill complex ideas into language that resonates with executives, engineers, marketers, and regulators alike. They must persuade without preaching. Explain without overwhelming. And listen with intent because building depends as much on internal relationships as on frameworks. 5. Empathy and ethical insight Privacy isn’t just a compliance issue. It’s a human issue. People’s relationships with their data are deeply personal, shaped by culture, experience, and trust. The best CPOs recognize this diversity and design policies that reflect it. They champion transparency, anticipate harm, and make ethics a living, breathing part of the data lifecycle. It’s not just about what the law permits, it’s about what’s right. Nurturing your inner CPO: From practitioner to privacy leader Becoming a CPO isn’t about ticking boxes; it’s about growing into a multidimensional leader. Whether you’re early in your career or eyeing the next big leap, here’s how to develop the right mix of skills and mindset: resources. Study enforcement trends. Follow legislative updates across jurisdictions. In a world where laws change faster than app updates, curiosity is your greatest asset. Gain cross-functional experience. The best CPOs are fluent in legal, fluent in tech, and fluent in business. Seek out projects that span departments. Partner with IT to conduct privacy impact assessments . Join security tabletop exercises. Rotate into product or marketing teams to understand how privacy translates into user experience. Master stakeholder influence. Start by crafting your “privacy pitch”—how you’d explain the business value of trust to a CEO . Practice storytelling. Lead lunch-and-learns. Turn compliance into conversation. Influence is less about authority and more about clarity, confidence, and consistency. Build emotional intelligence. Empathy isn’t optional. It’s strategic. Listen deeply to user feedback, internal concerns, and cultural nuances. Learn to navigate friction with diplomacy, not defensiveness. Remember: how you communicate privacy may matter more than what you say. Lean into real-world challenges. Nothing sharpens skill like pressure. Volunteer to lead a simulation. Draft vendor DPAs. Evaluate AI use cases for data responsibility. Every fire drill is a masterclass in decision-making. Hiring? Here’s how to spot a star Chief Privacy Officer Hiring a Chief Privacy Officer isn’t just about credentials. It’s about chemistry, credibility, and character. Whether you’re a CEO or General Counsel looking to build out your privacy leadership, keep your radar tuned for these signs: Can they walk you through a response to a cross-border data breach, including legal notifications, media coordination, and remediation? Cross-functional leadership: Have they built strong relationships with CISOs, GCs, marketing heads, and product teams? Credentialed and current: Do they hold IAPP certifications and follow regulatory trends? Can they explain concepts like “legitimate interest” or “sensitive data” without legalese? How do they handle ethical tension or conflicting business priorities? Interviewing for a role reporting to a CPO? Ask these questions first If you’re interviewing for a privacy, legal, compliance, or tech role that reports into a CPO, the person in that role will shape your success. Here’s how to vet whether they’re the kind of leader you want to follow: Do they have a long-term vision? Ask how they see privacy evolving over the next five years and how their team fits into that roadmap. Do they understand privacy’s business impact? Probe how they measure success, do they mention user trust, risk mitigation, and innovation? Are they technically conversant? See if they can speak confidently about data flows, retention schedules, or Can they influence upward? A great CPO has board access and executive buy-in. If they don’t, it could signal internal friction or a lack of priority. Do they lead with empathy? Ask for an example of how they handled a tough ethical or interpersonal challenge and listen closely to how they frame it. The right CPO won’t just manage your work. They’ll champion your growth. Why Chief Privacy Officers are essential for modern data governance and AI compliance Privacy isn’t a speed bump on the road to innovation. It’s the steering wheel. In a data economy shaped by artificial intelligence, algorithmic transparency, and geopolitical regulation, the Chief Privacy Officer sits at the epicenter of risk, reputation, and resilience. ensuring algorithmic integrity and human oversight. aligning data strategy with market differentiation. embedding privacy into hiring, onboarding, training, and product development. As Star Wars fans might put it: CPOs are like Jedi masters, only instead of lightsabers, they wield GDPR, ISO 27701, and DPIAs. They help companies use the data force responsibly, without turning to the dark side. The Chief Privacy Officer role has evolved from a niche specialty into a cornerstone of modern governance. It’s no longer about saying “no” to risk. It’s about saying “yes” to innovation, safely. Whether you aim to become a CPO, hire one, or work alongside one, know this: The best CPOs combine brains with backbone. Strategy with soul. Policy with purpose. And in a world where privacy is power, they are the ones shaping the future. ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-privacy-trends-2025-mid-year-insights-and-program-strategies/ TITLE: Data Privacy Trends 2025: Mid-Year Insights & Program Strategies TYPE: resource --- Data Privacy Trends 2025: Mid-Year Insights & Program Strategies The privacy landscape continues to evolve at a relentless pace in 2025. With new regulations taking effect, enforcement actions intensifying, and emerging technologies like generative AI introducing fresh layers of complexity, privacy leaders are under more pressure than ever to adapt—and fast. Join privacy experts from for a strategic mid-year update that explores the biggest developments from the first half of 2025. This session will highlight where the regulatory winds are blowing, how organizations are responding, and what you can do now to strengthen your privacy posture for the remainder of the year. Whether you’re recalibrating your privacy roadmap or responding to new compliance demands, this briefing will give you the clarity and direction you need to stay ahead in 2025. This webinar will review: Major privacy regulatory updates and enforcement trends in 2025 Emerging data governance themes and risk areas (including AI and third-party management) Actionable recommendations to elevate your privacy program for the rest of the year This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc Chief Assurance Officer, TrustArc VP, Chief Privacy Officer, DoubleVerify Member / Co-Chair, Privacy & Cybersecurity Practice, Mintz ==================================================================================================== URL: https://trustarc.com/resource/everything-eu-ai-act/ TITLE: Everything you need to know on the EU AI Act | TrustArc TYPE: resource --- Passed in March 2024, the European Union’s Artificial Intelligence (AI) Act aims to ensure consumer rights are safe and AI applications are ethical without placing undue burden on businesses. Artificial intelligence is part of our daily lives, transforming industries from healthcare to entertainment, transport to education. Streaming services can use algorithms to suggest playlists and create personalized content; AI-powered digital assistants set reminders and help manage daily tasks; online shopping systems provide recommendations based on digital history; and AI helps identify patterns of fraudulent activity in banking transactions, among many other applications. Artificial intelligence can help personalize, target, recognize and predict information. In many ways, it’s a huge asset to businesses and society in general and helps us solve many problems. But as AI becomes smarter and smarter, it also brings challenges, particularly when it comes to privacy, fairness, ethics , accountability, and safety. While most AI systems will pose low to no risk, certain AI systems create risks that need to be addressed to avoid undesirable outcomes. The European Union has always been a trendsetter regarding privacy laws, establishing the General Data Protection Regulation (GDPR) – the toughest privacy and security law in the world – in 2018. Several countries and individual U.S. states have followed suit since. Now, in the face of booming AI applications, the European Union has established the , passed in the European Parliament on 13 March 2024, becoming the first legislation of its kind in the world. “Europe is NOW a global standard-setter in AI,” Thierry Breton, the European commissioner for internal market, (formerly known as Twitter). How mature is your AI risk management? The EU AI Act is the first-ever legal framework on artificial intelligence, which addresses the risks of AI and positions Europe to play a leading role globally. It sets out strict requirements for both AI developers and deployers and aims to reduce the burdens to businesses while respecting fundamental rights, safety, and ethical principles. Key principles of the EU AI Act include: The AI Act puts humans at the center of AI development and use. It emphasizes that AI systems should be designed to serve the best interests of people and society as a whole. This is crucial for building trust in AI. The act requires that AI systems be transparent in their operations, meaning that users should be aware when they are interacting with an AI system, and they should understand how it works. When something goes wrong with an AI system, there should be someone responsible. The AI Act introduces the concept of ‘provider accountability’, meaning that the individuals or organizations developing, deploying, or operating AI systems are held responsible for their actions. AI systems must be safe and secure for users and the broader public. The AI Act sets requirements for risk management, data quality, and cybersecurity to ensure that AI systems do not pose undue risks. Data is the lifeblood of AI. The act establishes rules for the quality and governance of data used to train and operate AI systems, with a focus on protecting personal and sensitive information. How does the EU AI Act work? The AI Act divides tech into various categories of risk. The riskier the AI application, the more scrutiny it faces. Think AI-enabled video games or filters, content recommendation systems, spam filters… It’s expected the vast majority of AI applications will fall into this category. Risks associated with a lack of transparency in AI usage. For example, letting humans know they are working with machines when using chatbots, and identifying AI-generated content to providers. Tech used in critical infrastructure, essential services, educational training, law enforcement, voter behavior, administration of justice, migration and border control, among others. AI systems will always be considered high-risk if they perform profiling of humans. This includes AI systems considered a threat to safety, for example from social scoring by governments to emotion recognition, untargeted ‘scraping’ of the internet for facial images, and toys using voice assistance that encourage dangerous behavior. These will be banned. How do I know whether an AI system is high-risk? what it considers to be ‘high risk’, and sets out a solid methodology that helps identify these systems within the legal framework. Given that this is a constantly and fast-evolving industry, the European Commission has stated that it will ensure what is on this list is updated regularly. Who does the EU AI Act apply to? The EU AI Act covers a broad spectrum of AI systems, ranging from simple chatbots to sophisticated autonomous vehicles. This legal framework extends its reach to both the public and private sectors within and beyond the EU borders, provided that the AI system is introduced into the Union market or its usage impacts individuals within the EU. It pertains to both providers, such as developers of screening tools, and deployers of high-risk AI systems, like a bank acquiring said screening tool. Additionally, importers of AI systems must ensure that the foreign provider has completed the necessary conformity assessment process, bears a European Conformity (CE) marking, and is accompanied by the requisite documentation and usage instructions. Providers of free and open-source models are mostly exempt from these requirements. Furthermore, the obligations do not cover research, development, and prototyping activities conducted before market release. Additionally, the regulation excludes AI systems intended solely for military, defense, or national security purposes, regardless of the entity carrying out these activities. What does compliance with the EU AI Act involve? For organizations developing or using AI systems within the EU, compliance with the EU AI Act means adhering to its requirements and following specific procedures. Some aspects of compliance include: Documentation and transparency: Organizations must keep detailed documentation on their AI systems, including how they work, their purpose, and potential risks. They also need to ensure transparency in their communication with users about AI involvement. Risk assessment and mitigation: High-risk AI systems require thorough risk assessments to identify potential harms. Organizations must implement measures to mitigate these risks and ensure the safety and rights of individuals. Data protection and privacy: Compliance with existing data protection regulations, such as the GDPR, is essential. Organizations must handle personal and sensitive data ethically and securely. Testing and quality assurance: Before deploying AI systems, organizations need to conduct rigorous testing to ensure they operate as intended and meet safety standards. Ongoing monitoring and updates are also necessary. Need a practical way to validate that your AI system meets EU AI Act requirements? Download our Testing Artificial Intelligence (AI) Systems Template to help structure your assessments, track compliance steps, and ensure your AI applications are safe, transparent, and aligned with regulatory expectations. Discover key pillars of AI risk governance and how to implement them effectively to build a strong, ethical AI ecosystem. Maintain continuous compliance with this straightforward roadmap to managing AI technology within your organization. Does the European AI Act impact the rest of the world? The main goal of the new EU AI Act is not just to promote trustworthy AI within Europe, but also to spread this standard globally, ensuring that all AI systems uphold fundamental rights, safety, and ethical practices. In China, companies are required to obtain proper approvals before offering AI services. On the other hand, the United States is still developing its approach to regulating AI. Although Congress is considering new laws, some cities and states in America have already passed their regulations. These laws restrict the use of AI in various areas, such as police investigations and employment practices. One of the most notable? Utah’s AI Policy Act. The first state-level law in the U.S. to tackle generative AI head-on. With disclosure requirements, an AI sandbox program, and a newly formed Office of AI Policy, it’s quickly becoming a model for future regulation across the country. Get the full breakdown of Utah’s groundbreaking AI law How will the EU AI Act be enforced? Implementing the EU AI Act comes with its challenges, including the need for resources, expertise, and ongoing monitoring. Additionally, as AI technologies evolve, the regulations will need to adapt to address emerging risks and opportunities. For now, European Member States play a crucial role in making sure regulations are followed and enforced. To do this, each Member State needs to choose one or more national authorities to oversee how the rules are applied and put into action. These authorities will also be in charge of keeping an eye on the market to make sure everything is working as it should. To make things smoother and have an official contact point for the public and others, each Member State will pick one national authority to supervise everything. This authority will also represent the country in the European Artificial Intelligence Board. For extra knowledge and advice, there will be an advisory group made up of different kinds of people, like those from the industry, small businesses, civil society, and universities. Additionally, the Commission will create a new European AI Office inside itself. This office will watch over AI models that are used for general purposes. It will work closely with the European Artificial Intelligence Board and will have support from a group of independent experts with scientific knowledge. How will the EU AI Act impact innovation? While the EU AI Act introduces new responsibilities and regulations, it also aims to foster innovation and competitiveness within the EU. By providing a clear framework for ethical AI development, businesses can build trust with consumers and investors, leading to greater adoption of AI technologies. When does the EU AI Act come into force? The European Union’s AI Act was adopted by the European Parliament in March 2024 and went into force on August 1, 2024 . And implementation of the AI Act will then be staggered from 2025 onward. For example, the majority of the rules of the EU AI Act don’t start until August 2, 2026. However, a ban on prohibited AI systems takes effect on February 2, 2025. Additionally, general-purpose AI model rules will apply starting August 2, 2025. What are the implications of breaking the EU AI Act? Non-compliance with the rules can lead to fines ranging from 35 million euros or 7% of global turnover to 7.5 million or 1.5 % of turnover, depending on the infringement and size of the company. Practical steps to manage the EU General Data Protection Regulation. Responsible AI Certification Demonstrate your organization’s commitment to data protection and governance. ==================================================================================================== URL: https://trustarc.com/resource/privacy-tech-brief-managing-third-party-vendor-risk/ TITLE: Privacy Technology Brief: Managing Third-Party Vendor Risk with TrustArc | TrustArc TYPE: resource --- All businesses must adopt an always-on approach to managing privacy risk because regulators won’t accept ‘one-and-done’ audits of an organization’s privacy program. Now they expect to see up-to-date records of how privacy risk is managed day-to-day across the organization, as well as reports on third-party privacy risks. This shift in expectations began when the EU General Data Protection Regulation (GDPR) became enforceable in May 2018, followed in the US by the introduction of the California Consumer Privacy Act (CCPA) in September 2018, which became effective on January 1, 2020. Since then, as more privacy laws are introduced and enforced in the United States, most US businesses have had to scramble to keep their data protection policies and processes up to date. Data protection is now as much about privacy as cybersecurity. This shift means: Senior leaders will need to ensure privacy and security are equally prioritized across the organization – a change in business culture is a must. Leaders need to model and invest in privacy best practices. Organizations need well-resourced privacy programs – given most businesses can’t afford to do it all in-house, they can significantly improve their privacy programs by investing in privacy software and services. Third-party risk assessment processes must prioritize privacy This change in emphasis – elevating privacy as a key concern – means vendor risk assessments must change too. I explained why this change must happen in a recent EM360 podcast titled “ Effectively Managing Third-Party Risk ”: no matter what industry you are in, the size of your organization, or the maturity of your privacy program , conducting routine vendor risk assessments is a recognized best practice in data privacy management. Some organizations choose to run their privacy programs lean. To save some upfront costs, they rely on traditional Q&A or when conducting privacy risk assessments of third-party vendors. But there are better approaches that are more efficient, accurate, and effective. I’ve outlined the pros and cons of managing third-party risk assessments using spreadsheets versus specialized software in another article: How Well Does Your Company Manage Third-Party Vendor Privacy Risk? The short answer is that vendor management solutions (VMS) can help your organization capture, analyze and report better data about third parties, from due diligence to risk assessment processes and contract reviews. Some VMSes offer automated reporting to help you update contract requirements over time, including flagging privacy risks. As there are so many VMS options available, I recommend creating a checklist of your organization’s requirements, including features that will help you assess vendor privacy and cybersecurity risks. Vendor management solutions (VMS) checklist I recommend your organization reviews a least 4-5 providers of software and solutions in vendor management and privacy/security. Below are some important questions for your team: Have you agreed on risk posture and vendor KPIs? Before you review any vendors, make sure your procurement, cybersecurity, and privacy teams agree on your organization’s risk posture and set security and privacy KPIs for the solutions you’ll consider. Next, consider the user experience: The interface and toolsets must be user-friendly otherwise you risk not capturing key data during assessments at the front end, or useful insights for managing contracts down the track. I recommend ensuring it supports secure direct access by relevant employees. Is it easy to administrate? Decide if you need a VMS that supports cross-functional approvals and consider other features that improve efficient administration. For example, does it have a common ability to publish an assessment for cybersecurity and privacy? Also, consider whether the VMS needs to integrate with other solutions, such as contract life-cycle management tools. Does it streamline reporting? Look for features that support your ongoing reporting needs, from the upfront assessment of vendor risk to contract reviews. For example, some VMS automate workflow and scoring to improve decision-making at every stage. Look for features that improve insights: does it automatically generate insight reports? Will it alert you to gaps in compliance or attestations? And finally: when issues are identified, will it provide you specific guidance on what is necessary to achieve compliance? What support is available? Review the level of software support offered end-to-end. Start with questions about the onboarding and implementation process. And are there extra costs for each user? Then ask about the level of ongoing support: some VMS providers include support in the purchase price, others make it free (generally with self-service support tools), while some charge an annual support subscription. Moreover, make sure you understand the duration of such support. Is it for the duration of the license agreement or good for only the first 90 days? Finally, ask about the frequency of software updates and how they’re managed, including shared technology roadmaps. What is the total cost of ownership? Further to my points above, too often I hear of businesses not knowing the variety or scale of potential ongoing fees when choosing software. Extra fees for software support or adding users can add up quickly. And don’t be mesmerized by ‘shiny’ things your organization doesn’t really need. Many supposed enhancements in vendor management solutions aren’t needed for assessing privacy and security compliance. How qualified is the VMS provider? Bear in mind the lowest-priced VMS might not be the best deal. The real value of a vendor management solution is built on the experience and expertise of the provider. Therefore, it’s worth considering: Is the VMS provider a pioneer in privacy or recent to the industry? Does the provider have privacy and/or security experts on staff? TrustArc’s Assessment Manager is powered by our privacy expertise TrustArc is a pioneer in privacy: we’ve been solving privacy and data governance challenges for our clients since 1997, when we were known as TRUSTe. We changed the company name to TrustArc in 2015 to reflect our expanded offerings, including unmatched privacy expertise, technology, and certifications – and we remain the only provider to offer all three. high-quality certification and assurance services, we have earned a strong reputation for the deep expertise of our team. Many of our consultants have served as privacy or data security leads with Fortune 500 companies, and we strengthened our privacy thought leadership in 2019 when we acquired Nymity, as well as, the pioneer that developed Nymity’s Privacy Management Activities Framework TrustArc’s Assessment Manager is our core solution for vendor management, offering: Powerful technology to ensure vendors that may process personal information on behalf of your organization are accurately assessed against your privacy and security expectations. Intuitive templates (custom or out-of-the-box) to capture vendor responses and support efficient review by anyone in your organization. Conditional answer-based logic built-in, so vendors only need to complete relevant questions. Automated approval workflows and notifications – if a specific answer needs a specific action, such as prior approval, Assessment Manager will create a specific action and flag it. For example, an assessment question about privacy will be emailed to a privacy lead. Automated identification of gaps – if a vendor hasn’t (or can’t) address any organizational expectation during the assessment, it automatically flags the gaps and generates an action item, with specific guidance for even the most novice people working in the privacy or security office. Take the pain out of risk assessments. ==================================================================================================== URL: https://trustarc.com/resource/dsr-request-management-global-comparison/ TITLE: Global Insights – Comparing Data Subject Request Management Across Key Markets | TrustArc TYPE: resource --- In a world where data is currency and privacy is power, individuals exercise their rights more than ever. Data Subject Requests (DSRs), such as asking to access, delete, or correct personal data, are now core requirements under modern privacy laws. But fulfilling them across a patchwork of global regulations ? That’s where things get complicated. One regulation says to respond in 30 days; another gives you 45. Some require opt-out links; others want written consent. It’s like trying to run one race on five different tracks simultaneously. That’s why getting DSRs right everywhere is a make-or-break compliance challenge. From California to Copenhagen, São Paulo to Seoul, organizations are under pressure to process DSRs quickly, securely, and accurately. But with so many regional nuances (different timelines, rights, and verification requirements) it’s easy to get caught in a tangle of inefficiency. Worse, mishandling a request could result in reputational damage or multi-million-dollar fines. Let’s explore how businesses can compare different DSR management methods and implement the most efficient, scalable, and regulation-ready approach. Why DSRs matter: A global mandate for modern privacy compliance what is a data subject request A DSR is how individuals assert their data privacy rights under laws like the , CCPA, and others. It allows people to access, delete, correct, or limit the use of their personal information held by an organization. Global privacy regulations, including the EU’s GDPR, the California Consumer Privacy Act (CCPA) require organizations to process DSRs promptly and securely. These requests are a legal right—not a customer service favor—and businesses must demonstrate a structured, reliable process for fulfilling them. Enter TrustArc. As a leader in , TrustArc specializes in helping businesses manage this complexity. With scalable automation, intelligent identity verification, and centralized workflows, TrustArc ensures organizations can confidently respond to DSRs while remaining compliant with the world’s most demanding regulations. Understanding Data Subject Requests (DSRs) Think of a DSR as the privacy world’s version of “show me the receipts.” It’s how individuals exercise control over their data , demanding transparency and accountability from organizations that collect, store, and use it. DSRs are fundamental to data protection laws. They empower people to request copies of their data, demand corrections or deletions, or object to how it’s being used. For privacy professionals, DSRs are where policy meets action. What are the types of Data Subject Requests? Individuals ask what data is collected, where it’s stored, and why. A GDPR classic. Also called the “right to be forgotten,” individuals can request the removal of their data unless there’s a legal basis to keep it. Inaccurate or outdated information? Individuals can request changes. People may limit their data use, especially during disputes or investigations. Individuals can request their data in a portable format to transfer to another provider. Particularly under CCPA, people can opt out of data sales or automated decision-making. These requests might seem simple on the surface, but under the hood, they require meticulous data mapping, identity verification, workflow orchestration, and cross-team collaboration. Key global DSR regulations This regulation sets the gold standard with detailed rights, strict timelines (30 days to respond), and heavy fines for non-compliance. It covers access, erasure, rectification, objection, and portability. Offers similar rights as the GDPR but with a U.S. flavor. It includes opt-out rights for data sales, limited timelines (45 days), and requirements around “Do Not Sell My Personal Information” links. . Emphasizes consent, transparency, and access rights. Offers data access and correction rights but lacks vigorous enforcement. That may change with new legislation on the horizon. Includes access and correction rights, and recent amendments strengthen cross-border data transfer rules. Legal obligations for data controllers and processors Regarding DSR compliance, the distinction between a is mission-critical. Think of it like a movie set: the controller is the director, calling the shots and determining the storyline of data use. The processor? They’re the crew, following orders, executing tasks, and ensuring nothing catches fire (literally or metaphorically). decide why and how personal data is processed. They shoulder most of the legal responsibility, including ensuring individuals can exercise their rights to access, delete, or correct their data. Even when outsourcing processing tasks, the controller remains on the hook to make sure the processor plays by the privacy rulebook. , on the other hand, act under strict instructions. They don’t get creative with personal data. Their job is to support the controller by securely processing information, safeguarding it from unauthorized access, and assisting with DSR compliance. A written contract spells out their responsibilities, like the script of a privacy-centric thriller. Let’s take a real-world example: A company (controller) uses a third-party payroll provider (processor). If an employee requests access to their payroll data, the processor must support that request but only under the controller’s direction. No ad-libbing allowed. Identity verification: Your frontline defense Before even considering fulfilling a DSR, you must know who’s knocking. Identity verification isn’t optional. to someone impersonating your customer. That’s not just embarrassing; it’s a data breach waiting to happen. , Article 12(6) allows businesses to request additional information if there’s doubt about the requester’s identity. The regulation doesn’t prescribe specific verification methods but it does require that they be proportionate. In other words, don’t demand a DNA swab from someone asking to correct their email address. gets more specific. It requires “reasonable” methods like matching known data points or re-authentication for access to sensitive data. And here’s the kicker: you can’t collect new data to verify someone’s identity unless absolutely necessary – and if you do, you’d better delete it right after. The cost of getting it wrong Botch identity verification, and you’re looking at more than just a slap on the wrist. Under GDPR, fines can reach up to 4% of annual global revenue for overcomplicating verification to the point that it blocked individuals from exercising their rights. Under CCPA, fines can hit for mishandling DSRs or failing to verify identities appropriately. And then there’s the silent killer: . Consumers don’t forget when their rights are ignored or their data is exposed. One misstep can erode years of brand trust and unlike financial penalties, there’s no cap on public outrage. In short, controllers must lead, processors must support, and both must treat identity verification as a foundational part of privacy operations. Compliance is about more than checking boxes. It’s about building trust at every step of the DSR journey. Challenges in managing DSRs across markets Complexity of global DSR compliance Global DSR privacy management is no cakewalk. With varying deadlines (30, 45, or 60 days), different definitions of personal data, and country-specific identity verification rules, privacy teams are drowning in manual workflows and spreadsheets Manually managing this complexity is like DJing Coachella with a cassette player. It’s just not scalable. That’s why many organizations are turning to all-in-one platforms that centralize, automate, and scale their DSR processes. For instance, TrustArc’s Individual Rights Manager helps handle DSRs across different countries (cross-border compliance) while reducing human error, improving efficiency, and reinforcing trust. Why DSR solutions are important DSRs aren’t going away. In fact, . As AI use accelerates and data ecosystems become more complex, individuals are becoming more privacy-aware, and regulators are sharpening their focus on enforcement. each DSR is more than a compliance task. It’s a cost center. , the average cost to process a single DSR is approximately Multiply that across thousands of requests, and you’re looking at $400,000 per million consumer records —a staggering 2.5x increase from the previous year. And the culprit? Manual processes that tie up employee hours, drain IT and legal resources, and introduce unnecessary risk. That’s why DSR solutions are mission-critical. Manual workflows may have worked when requests were rare, but today’s privacy demands call for scale, speed, and precision. A modern platform like TrustArc’s helps you survive audits and enables you to thrive in a privacy-first economy by turning compliance from a cost burden into a Challenges in data collection and processing Responding to a DSR isn’t just about pulling a file from a drawer. Data lives across systems, vendors, , and SaaS apps. Some of it may be pseudonymized or structured in a way that makes it difficult to locate. data minimization and retention policies with the need to fulfill deletion and access requests. And with data breaches on the rise, identity verification must be airtight to prevent unauthorized access. Common pitfalls in data subject request management Some of the most prominent blunders organizations make include: Missing legal deadlines due to manual tracking. Failing to verify requesters properly. Delivering incomplete or incorrect data sets. Ignoring less common request types like data portability. Applying a one-size-fits-all process across different regulations. Each mistake not only risks non-compliance but also erodes customer trust. How TrustArc helps streamline DSR management An all-in-one platform for DSR solutions Individual Rights Manager simplifies the chaos. It offers a centralized platform that automates intake, validation, routing, fulfillment, and response across jurisdictions. Whether you’re processing one request a month or 10,000, the platform is scalable and flexible enough to meet your needs. It integrates with your existing tech stack and offers robust reporting, enabling real-time oversight. Maintaining compliance with data privacy regulations TrustArc’s solution supports key regulatory requirements across GDPR, CCPA, LGPD, and more. Built-in workflows guide teams through each step of the DSR lifecycle, reducing risk and increasing accountability. Automation enhances identity verification, manages consent across systems, and reduces the time and resources required to respond to each request. It’s precision privacy without the overhead. Future trends in DSR management AI is redefining the DSR landscape. Predictive analytics can anticipate common request patterns, flag risky behavior, and improve response times. Expect automation to become more intelligent, not just faster—offering real-time insights into compliance gaps and streamlining coordination across departments. (hello, U.S. state patchwork and AI governance laws), businesses that adopt adaptive, automated DSR solutions will be poised to stay ahead of the curve. Privacy is becoming a competitive differentiator, with DSR efficiency as part of that equation. Operationalizing DSRs for long-term success Data subject requests (DSRs) are a mainstream mandate in today’s global privacy arena. Effectively managing DSRs, from access to erasure and opt-outs to portability, is a business-critical capability. Organizations that delay implementing scalable DSR solutions risk falling behind, facing regulatory penalties, and eroding customer trust. But with TrustArc’s powerful solution, compliance doesn’t have to be complex. Automation, global coverage, and seamless integration make managing DSRs with confidence and precision easier than ever. If you’re ready to simplify DSR compliance and ensure your organization stays one step ahead of privacy regulations, explore Individual Rights Manager schedule a consultation today DSR Fulfillment, Scaled and Simplified Automate DSR workflows with built-in compliance tools to reduce risk and respond confidently. Smarter Mapping. Stronger Governance. Quickly generate data maps and ROPAs to meet compliance requirements and surface hidden risks. ==================================================================================================== URL: https://trustarc.com/resource/european-union-data-privacy-whats-next-for-2025/ TITLE: European Union Data Privacy: What’s Next for 2025? | TrustArc TYPE: resource --- The European Union (EU) has long been a global leader in establishing robust data privacy laws, creating what many refer to as the “Brussels Effect”—a phenomenon where EU regulations influence global standards. For instance, inspired similar legislation in over 120 countries, demonstrating the EU’s far-reaching impact on international data privacy norms. With the GDPR setting a high bar for data protection in 2018, the EU continues to shape the future of privacy governance, particularly in the face of burgeoning artificial intelligence (AI) technologies This article explores how the GDPR and recent EU laws like the Digital Operational Resilience Act (DORA) are advancing the need for comprehensive data governance and privacy, what’s next for AI and data processing, and how to incorporate these developments into your 2025 privacy roadmap. GDPR and the AI Act: Raising the stakes for data privacy Since its enforcement in 2018, the GDPR has been the gold standard for data privacy. Its transparency, accountability, and individual rights principles have set a benchmark for global privacy laws. However, the rapid evolution of AI technologies has prompted the EU to establish the AI Act, which went into force in August 2024. This act aims to regulate AI systems based on their risk to individuals’ fundamental rights, health, and safety. employs a tiered, risk-based approach, prohibiting certain high-risk applications like social scoring and real-time biometric identification in public spaces. For high-risk AI systems, the act mandates: Data governance practices Human oversight mechanisms Organizations deploying AI must align these requirements with GDPR obligations, creating a dual compliance framework that demands robust data protection measures and clear documentation of AI system processes. AI governance: What’s next? The AI Act introduces timelines for phased compliance, with most provisions taking effect by August 2026. Notable upcoming requirements include: AI literacy initiatives to ensure users and developers understand AI risks and benefits. Codes of Practice for General Purpose AI (GPAI) to be finalized by May 2025. Governance structures for systemic-risk AI models, emphasizing testing, risk assessments, and adversarial evaluations. exploring supplemental rules to harmonize procedural aspects of the GDPR, potentially improving cross-border enforcement and cooperation among data protection authorities (DPAs). Want a deeper dive into how these EU developments fit into the bigger global privacy picture? Check out The Data Privacy Professionals’ Guide to Thriving in 2025 for practical strategies that extend beyond borders and get your entire program future-fit. Stay ahead of evolving AI regulations with our 7-step roadmap to responsible AI compliance. Master the balance between innovation and risk to build a privacy-centric, ethical AI framework. New frontiers in data governance: The EU Data Act, DORA, and NIS2 Effective September 12, 2025, the introduces new rules for data access, sharing, and portability, particularly for connected devices and the Internet of Things (IoT). Unlike the GDPR, which focuses on personal data, the Data Act encompasses both personal and non-personal data, fostering innovation while addressing business-to-business (B2B) and business-to-government (B2G) data sharing. Key obligations under the Data Act include: Providing users access to their generated data: This includes both personal and non-personal data, as well as metadata produced by connected devices, ensuring individuals can retrieve and manage their data. Ensuring data portability between service providers: Companies must facilitate seamless data transfers, enabling users to switch providers without data loss or excessive delays. Establishing safeguards for intellectual property and trade secrets: Organizations are required to implement protections that balance data accessibility with the need to secure proprietary information and sensitive business details. The Digital Operational Resilience Act (DORA) and NIS2 Directive Effective January 17, 2025, DORA targets the financial sector by creating a comprehensive information and communication technology (ICT) risk management framework. Alongside DORA, the introduces stringent cybersecurity requirements for essential entities across sectors like energy, healthcare, and transport, significantly broadening the EU’s cybersecurity landscape. It emphasizes: Incident reporting within 24 hours of identification. Regular resilience testing to assess readiness. Stringent third-party risk management. Failure to comply with DORA or the NIS2 Directive can result in substantial penalties. For example, non-compliance with DORA can result in fines of up to 10 million euros or 2% of annual global turnover, underscoring the financial implications of non-compliance. The NIS2 Directive mandates strict incident reporting within 24 hours and imposes penalties proportionate to the gravity of the cybersecurity breaches, further emphasizing the need for robust frameworks. Insights from recent papers and opinions The Hamburg Commissioner’s paper on Large Language Models and Personal Data This paper highlights a crucial distinction : while large language models (LLMs) process personal data during training, storing such models does not necessarily constitute ongoing data processing under GDPR. This interpretation underscores the need for organizations to demonstrate accountability in training and deploying AI systems. EDPB Opinion 28/2024 on Processing Personal Data in the Context of AI Models The European Data Protection Board (EDPB) emphasizes rigorous evaluation of AI systems trained on personal data . To demonstrate compliance, organizations must document every step, including Data Protection Impact Assessments (DPIAs). CIPL: The Limitations of Consent as a Legal Basis for Data Processing in the Digital Society The evolving digital landscape challenges the scalability of consent as a lawful basis for data processing. Recent discussions from the Center for Information Policy Leadership (CIPL) suggest that legitimate interest, with safeguards like opt-outs, may offer a more practical alternative for training AI models. Watch as privacy experts discuss these papers in Data Privacy in the EU: What You Need to Know. Building your data privacy 2025 roadmap To remain compliant and competitive, privacy and compliance professionals must proactively adapt to the EU’s evolving legal landscape. Here are critical steps to include in your 2025 roadmap: 1. Enhance data mapping and scoping has been a cornerstone of GDPR compliance, organizations must expand their efforts to include metadata and information generated by AI and connected devices. Identify high-risk AI applications and map their data flows to ensure compliance with GDPR and the AI Act. Revisit your data inventories to include non-personal data covered under the Data Act. The Data Act’s requirements for data portability and access add layers of complexity to traditional data governance. 2. Strengthen AI governance Develop and implement policies for , transparency, and accountability. Include provisions for human oversight and ethical considerations in AI deployment. 3. Update policies and contracts Review and update your privacy policies, data-sharing agreements, and third-party contracts to reflect new obligations under the Data Act and DORA. Train your teams on AI literacy and emerging regulatory requirements. Ensure all employees understand their roles in maintaining compliance and mitigating risks. 5. Prepare for regulatory changes Monitor updates from EU institutions, such as the European Data Protection Board (EDPB), the EU Commission, and individual DPAs. Stay informed about new procedural rules for GDPR enforcement and guidance on AI compliance. The “Brussels Effect”: A call to action The EU’s legislative agenda underscores its commitment to safeguarding individual rights while fostering innovation in a digital age. For businesses operating in or engaging with the EU, this means embracing a proactive, governance-driven approach to privacy and AI compliance. Incorporating the GDPR, AI Act, Data Act, and DORA into your 2025 strategy will help you navigate the complexities of European data privacy laws. This proactive approach ensures compliance and builds a resilient, future-ready organization. The EU’s regulatory framework may seem like uncharted space, but with the right tools and mindset, you can boldly go where no compliance program has gone before. Automate Compliance, Enhance Trust Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. ==================================================================================================== URL: https://trustarc.com/resource/does-gdpr-apply-to-us/ TITLE: Does the GDPR Apply to the U.S.? | TrustArc TYPE: resource --- GDPR compliance requirements for the U.S. Enacted by the European Union (EU), the General Data Protection Regulation is often mistakenly thought of as a set of rules that only apply within Europe. However, this couldn’t be further from the truth. A common question many U.S. businesses have is: The answer, in many cases, is GDPR, or General Data Protection Regulation , is a comprehensive data protection law that came into effect on May 25, 2018. Its primary objective is to safeguard the personal data and privacy of EU citizens, providing individuals with greater control over their data. It imposes strict requirements on how organizations handle personal data, with hefty fines for non-compliance. To dive deeper into the GDPR, you can explore our comprehensive guide on the Understanding the reach of GDPR is crucial for any organization handling personal data. Essentially, GDPR applies to any organization, regardless of its location, that processes the personal data of individuals residing in the EU. This means GDPR’s scope is extraterritorial, reaching beyond the borders of the EU. The regulation affects not only EU-based companies but also non-EU entities that offer goods or services to EU residents or monitor their behavior. For a detailed exploration of this topic, you can read the article, Explore the comprehensive guide on the General Data Protection Regulation (GDPR). When, Where, & Who Does GDPR Apply to? Review expert insights on GDPR applicability and the top GDPR misconceptions. How GDPR applies to U.S. businesses GDPR’s extraterritorial reach means that U.S. businesses are not exempt from its requirements. If your company processes personal data of EU citizens—whether through offering goods or services, employing EU residents, or monitoring EU citizens’ online behavior—your organization is subject to GDPR. This includes: Websites that sell products or services to customers in the EU. Companies offering digital services such as SaaS, , or marketing solutions to EU clients. Multinational Corporations: U.S. companies with subsidiaries or business operations in the EU. These organizations must ensure they are compliant with GDPR’s regulations, as non-compliance can result in fines of up to €20 million or 4% of the company’s global annual revenue, whichever is higher. from the Dutch DPA on Clearview is an excellent example of how the GDPR applies to the U.S. Clearview argued that the GDPR does not apply to them because they are based in the U.S., however the assertion was rejected as the evidence showed that they processed data of individuals in the EU, including Dutch citizens, thereby falling under the territorial scope of GDPR. Clearview was fined €30.5 million (USD $33,684,352) for unlawfully collecting and processing biometric data of EU citizens without proper legal grounds; the company failed to comply with access requests, neglected transparency obligations, and did not appoint an EU representative. GDPR compliance requirements for U.S. businesses For U.S. businesses, achieving GDPR compliance involves meeting several key requirements: Data Protection Principles: Adhering to principles such as lawfulness, fairness, transparency, data minimization, accuracy, storage limitation, and integrity and confidentiality. Legal Bases for Processing: Identifying valid grounds for processing personal data, such as consent, contract, legal obligation, vital interests, public task, or legitimate interests. Respecting and facilitating the rights of individuals, including the right to access, rectify, erase, and restrict processing of their data, as well as the right to data portability and to object. Data Protection Officers (DPOs): Appointing a DPO if the core activities involve large-scale processing of sensitive data or regular monitoring of individuals. Data Protection Impact Assessments (DPIAs): Conducting DPIAs for processing activities that pose high risks to the rights and freedoms of individuals. Records of Processing Activities: Keeping detailed records of processing activities involving personal data. Challenges and solutions for GDPR compliance U.S. businesses face several challenges when navigating GDPR compliance. These challenges often stem from differences in regulatory environments, the complexity of GDPR requirements, and the technical measures needed to protect personal data. To overcome these challenges, businesses can implement practical solutions: Appointing a Data Protection Officer (DPO): A DPO ensures that the organization complies with GDPR requirements and serves as a point of contact for data subjects and supervisory authorities. Regularly training employees on data protection practices and GDPR compliance helps minimize risks and ensure that staff are aware of their responsibilities. Using GDPR Compliance Software: can streamline compliance efforts, automate data protection processes, and provide ongoing monitoring and reporting capabilities. Benefits of GDPR compliance for U.S. businesses While achieving GDPR compliance can be challenging, the benefits extend far beyond avoiding fines. Complying with GDPR can lead to: Implementing GDPR standards improves overall data protection, reducing the risk of data breaches and cyber-attacks. Increased Customer Trust: Demonstrating a commitment to data privacy builds trust with customers, which can enhance brand reputation and loyalty. Being GDPR-compliant can open doors to new business opportunities, particularly in the EU market, where data privacy is a significant concern Achieve and Maintain GDPR Compliance with TrustArc Managing the complexities of GDPR compliance can be daunting, but you don’t have to do it alone. TrustArc offers a range of data privacy solutions tailored to help businesses achieve and maintain GDPR compliance. From comprehensive assessments to advanced compliance software, TrustArc provides the tools and expertise needed to protect personal data and ensure regulatory compliance. Get validated by an independent third party that attests your privacy and data protection practices. Explore articles, guides, checklists, webinars, and podcasts to help you on your journey to GDPR compliance. ==================================================================================================== URL: https://trustarc.com/resource/utah-ai-policy-act/ TITLE: Utah’s AI Policy Act Is Here. Is Your AI Ready to Confess? | TrustArc TYPE: resource --- The AI law that broke the mold In a move straight out of a tech policy thriller, Utah has become the first state in the U.S. to pass a consumer protection Act focused exclusively on artificial intelligence. The Utah Artificial Intelligence Policy Act (SB 149) , which took effect on May 1, 2024, isn’t just a footnote in regulatory history—it’s a flashing neon sign that signals the start of a new era for AI governance in the United States. For privacy, compliance, and security professionals navigating the fast-moving waters of generative AI, this is your wake-up call. The Utah AI Policy Act isn’t just about rules; it’s about responsibility, risk mitigation, and restoring trust in how emerging technologies interact with the public. Here’s what you need to know, along with actionable insights to keep your organization compliant, competitive, and above all, credible. What is the Utah AI Policy Act? Think of the Utah AI Policy Act as the Iron Man suit for AI regulation: sleek, bold, and ready to take flight. Enacted through Senate Bill 149 and further refined by , the law addresses one of the most pressing challenges in AI today: transparency and accountability in generative AI systems. In short, if your chatbot sounds suspiciously human, you’d better say so. Ensure consumers are informed when they interact with generative AI. Establish a formal state Office of AI Policy to oversee responsible AI use. Launch a state AI Learning Laboratory Program (the “Lab”) to support innovation while mitigating regulatory risk. The Utah AI Policy Act applies to any individual or entity using generative AI to interact with people in Utah, regardless of where that organization is located. This includes: Businesses headquartered outside of Utah but offering services to Utah residents. AI systems that generate human-like responses or content presented to consumers. Use cases involving text, audio, or visual communication where AI is used to engage the public. Internal AI systems that never interact directly with consumers. AI used purely for backend processing, analytics, fraud detection, or internal decision support. General AI research and development without public-facing components. Key provisions you can’t ignore Let’s unpack the law’s must-know provisions. 1. Disclosure requirements for generative AI If your business uses generative AI to interact with individuals (think virtual assistants, chatbots, or automated content generation), you’re legally obligated to inform them clearly and conspicuously. What this could look like in practice: A chatbot could say, “👋 Hi! I’m an AI assistant powered by generative AI. How can I help today?” Emails or recommendations generated by AI should include a footnote disclosing AI involvement. Fines of up to $2,500 per violation. Multiply that by the number of chatbot interactions you have daily and… well, you do the math. Repeat offenders can face civil penalties of up to $5,000 per incident if taken to court by the Utah Division of Consumer Protection. 2. AI Learning Laboratory Program This voluntary innovative sandbox program allows businesses to test AI systems in a controlled environment. Businesses must apply to participate in the program and enter into a participation agreement with the state. By participating in the program, businesses may be allowed to enter into a regulatory mitigation agreement that enables them to reduce regulatory responsibilities related to testing AI systems for a limited time. Participants in the Lab can apply for regulatory mitigation, meaning they might receive reduced penalties or extended cure periods if they can prove they’re testing AI in good faith. Demonstrating consumer benefits. Financial stability to handle liabilities. Clearly scoped test plans with geographic and temporal boundaries. Commitment to safeguards and active monitoring of risk. The newly established Office acts as both referee and coach. It sets rules, enforces compliance, and evaluates Lab participants. It’s also tasked with helping shape future legislation based on the Lab’s findings. It has the authority to: Demand cybersecurity readiness. Influence future AI legislation based on Lab outcomes. How the Act defines generative AI The law defines “generative AI” as systems that: Communicate via text, audio, or visuals. Produce human-like outputs without human scripting. Translation? If your AI composes a poem, answers a question, or sells a sweater like a sentient being, you’re in generative territory. Interplay with other laws and frameworks The Utah AI Policy Act doesn’t operate in a vacuum. It introduces new obligations that exist alongside a growing patchwork of national and international regulations. Businesses must consider these overlapping legal landscapes holistically when designing AI governance programs: on deception and unfair practices using AI. State consumer protection laws , especially regarding risk categorization and transparency obligations. Cross-border and multistate businesses should harmonize compliance efforts to avoid fragmentation. What does this mean for businesses? You don’t have to be headquartered in Utah to feel the ripple effects. As with the California Consumer Privacy Act (CCPA) and GDPR, the Utah AI Policy Act is likely the first domino in a cascade of state and federal regulation. If you’re in B2B SaaS, e-commerce, healthcare, or , you likely already use or integrate with AI tools. This law signals that AI oversight is no longer optional. Immediate steps for organizations: Identify where AI is being used to engage customers or process personal data. : Update interfaces, terms of service, and training data policies to include generative AI notices. Apply to the Lab (if eligible): If you’re innovating in Utah, this could be an opportunity to shape the rules while testing your tech. Upgrade cybersecurity policies to reflect AI-specific risks. to ensure third-party AI usage aligns with the Act. Enforcement: Stick, meet carrot The enforcement mechanism blends deterrence and encouragement: Companies willing to play by the rules and participate in the Lab get support, guidance, and potentially reduced penalties. Violators face stiff fines and public scrutiny (the kind that makes headlines and haunts board meetings). Expect the Division of Consumer Protection and the Office of AI Policy to coordinate enforcement, especially for companies failing to disclose AI interactions or report incidents. Why this law matters: Beyond Utah The Utah AI Policy Act might feel niche now, but history suggests otherwise. Much like California’s privacy laws reshaped global data practices, Utah’s proactive stance on AI transparency sets a precedent other states will likely follow. Utah is providing a prototype for other states or even federal lawmakers. Transparent AI builds consumer trust, which in turn fuels adoption and innovation. Early guardrails help companies scale AI responsibly, not recklessly. In a world where generative AI can spin headlines, deepfake voices, and even legal contracts, being able to separate bot from human isn’t just nice; it’s necessary. Time to tune up your AI playbook The Utah AI Policy Act is less of a curveball and more of a crystal ball. It offers a glimpse into the regulatory future where transparency, trust, and accountability are non-negotiable. Compliance professionals who move now to document their AI practices, communicate clearly with users, and embed risk mitigation into design will not just comply. They will lead. So put on your privacy cape, update your disclosure templates, and get your compliance teams caffeinated. The future of AI governance just got real, and Utah’s law is your official invitation to step up and shape it. Trust Built In. Deals Closed Faster. Show prospects you mean business. Centralize policies, disclosures, and documents in a branded, no-code TrustArc Trust Center that builds confidence, shortens sales cycles, and proves you’re compliance-ready. Research Less. Comply More. Ditch the endless digging. Get tailored, always-updated regulatory insights and automated workflows built for your unique compliance journey. From global laws to niche rules, we’ve got it handled. ==================================================================================================== URL: https://trustarc.com/resource/responsible-ai-privacy-by-design-machine-learning/ TITLE: Responsible AI Development: Embedding Privacy by Design into the Machine Learning Lifecycle | TrustArc TYPE: resource --- In the fast-evolving world of artificial intelligence (AI), speed often trumps structure. Models are built, shipped, and integrated at a breakneck pace. Yet amid the buzz around performance metrics, one crucial element rarely receives equal airtime: privacy. Most machine learning (ML) development today happens with little input from privacy teams. If you’ve ever felt like the legal team that’s brought in the day before launch to “bless” the system, you’re not alone. is the rallying cry of modern , but in the world of AI, it often shows up as an afterthought rather than a foundation. This article aims to flip that script. For privacy, security, and compliance leaders collaborating with AI and machine learning operations (MLOps) teams, this is your tactical guide to embedding privacy-enhancing strategies at every phase of the ML pipeline. This is not just to check a box but to future-proof your systems, mitigate risk, and inspire trust in the AI era. The problem with AI development today At the heart of every AI model lies data, and in many cases, that data includes , personal, or proprietary information. Think of models trained on scraped web data, customer support transcripts, social media posts, or health records. These training sets are often rich, unstructured, and unregulated. That’s a problem. As TrustArc’s eBook points out, many organizations still lack visibility into where their model data originates, how it’s labeled, or even whether they have the right to use it at all. This opacity creates cascading risks: Inadvertent memorization: Models can regurgitate sensitive training data verbatim, leading to privacy breaches. Poor lineage tracking makes it difficult to detect when personal data is reused unlawfully. Models designed for one use may be repurposed for others without revalidating consent or risk. Without intervention, ML systems can learn and reproduce the worst of their inputs. The result? AI that’s not only ethically shaky but potentially unlawful and a growing pile of governance debt. Privacy by design in machine learning: A stage-by-stage framework To address these challenges, organizations need to embed privacy not just at the governance layer but at the engineering level. That means integrating into how ML systems are built, tested, and deployed. Here’s how it works across five critical phases. Phase 1: Data sourcing and collection are born or defused. Whether you’re using web crawls, customer data, or licensed datasets, the principles of lawfulness, consent, and purpose limitation must be your North Star. Relying on scraped internet data? Tread carefully. The legal landscape is shifting fast, and what’s “public” isn’t always “fair game.” Organizations need mechanisms to document provenance and confirm that data use aligns with its original purpose and user expectations. More advanced teams are turning to synthetic data, artificial datasets that retain statistical properties without revealing real individuals, as a scalable and compliant alternative. Phase 2: Data preparation and labeling Before data feeds the model, it passes through preprocessing pipelines. This is where privacy-enhancing techniques can shine. Filtering out identifiers is table stakes. But real privacy engineering goes further. introduce mathematical noise to obscure individual records. surface proxy variables (like ZIP code or language use) that correlate with protected attributes and could lead to biased outcomes. itself is also a risk vector. Manual annotation by humans or crowd workers can leak sensitive context. Anonymizing inputs and bounding the labeling task are essential safeguards. This is the engine room of AI and a hotspot for privacy breaches. Models can inadvertently memorize sensitive records, particularly in small or overfitted datasets. That’s why leaders in privacy-preserving AI are adopting techniques like federated learning, where models are trained across decentralized data sources without moving the data. Think of an overfitted model like an intern who tries to impress by memorizing every client’s name, address, and coffee order, only to blurt it all out in the wrong meeting. That’s what privacy leakage looks like in AI, and it’s risky. Where direct training is required, privacy-preserving synthetic datasets can fill the gap. And for sensitive use cases—think finance, health, or employee surveillance—techniques like secure multiparty computation (SMPC) or homomorphic encryption offer a new frontier of protection, allowing models to learn without exposing the raw data. Phase 4: Evaluation and testing Testing is where privacy principles meet product performance. It’s also where many AI teams fall short. Most organizations test for accuracy and latency. Few test for fairness, privacy leakage, or explainability. Yet regulators and stakeholders care most about these factors. According to TrustArc’s guidance, risk-based testing should reflect the system’s real-world impact, especially where predictions affect people’s access to credit, healthcare, or employment. This is the time to simulate edge cases, run adversarial examples, test for membership inference attacks, and evaluate how your model responds under stress. Consider incorporating techniques like to probe how features influence outcomes, and use this insight to flag unexpected or biased behavior. Phase 5: Deployment and monitoring The launchpad is not the finish line. AI systems evolve. Data changes. Risks emerge. That’s why post-deployment oversight is critical. Leading organizations are now publishing —documents that disclose a model’s training data, known limitations, and recommended usage contexts. These function like “nutrition labels” for AI, giving end users and regulators visibility into what’s under the hood. Effective monitoring also means setting up feedback loops: automatic alerts for model drift, re-triggered assessments when use cases change, and regular audits of output logs (with access controls) to spot anomalies or privacy breaches early. From principle to practice: Tools that deliver Engineering teams don’t need to start from scratch. There’s a growing ecosystem of open-source libraries and commercial platforms designed to support privacy-by-design ML development: Google’s DP library, OpenMined’s PyDP TensorFlow Federated, Flower Tools for identifying membership inference and model inversion attacks When integrated into your ML pipeline, these tools can assist in reducing legal exposure and building trust. Building the right organizational muscle Technology alone won’t solve this. Embedding privacy into ML also requires cultural and operational change. That starts with structure. Privacy engineers should be embedded within AI and MLOps teams, not siloed in legal or compliance functions. For example, imagine an AI team preparing to launch a customer-facing model when a privacy engineer spots email addresses in the training data that are set to be purged under retention policies. Instead of delaying the release, the engineer collaborates with the MLOps lead to reconfigure the pipeline, pulling from a privacy-approved data lake instead. The model ships on time, fully compliant. This kind of proactive partnership is the kind of collaboration that defines responsible AI development. To support this collaboration, organizations should institutionalize privacy checkpoints across the AI lifecycle. AI ethics reviews should become standard practice, woven into development rituals like code reviews or security audits so that risks are surfaced and addressed early. Incentives matter too. Engineers need to be rewarded not just for performance metrics but for reducing data reliance, improving model transparency, and flagging risks early. These actions should be career accelerators, not reputational risks. Future of Privacy Forum’s AI Governance Behind the Scenes notes, privacy leaders must evolve from watchdogs to collaborators, working across product, data science, and legal teams to operationalize What a privacy-first AI system looks like Imagine a healthcare organization deploying a natural language processing (NLP) tool to analyze patient intake forms. Rather than training the model on real patient data, the team uses synthetic records generated from statistical properties of real inputs. Bias audits are conducted throughout training to ensure fair performance across race, gender, and age. Local differential privacy is applied when collecting new inputs post-deployment. A public model card details the system’s use boundaries, fairness checks, and escalation paths for adverse outcomes. This isn’t a moonshot. It’s achievable today with the right strategy and the right people in the room. The pace of regulation is picking up. AI-specific Data Protection Impact Assessments (DPIAs) will soon be required under the , and other jurisdictions are following suit. Expect new rules on model explainability, reproducibility, and post-market monitoring. At the same time, the industry is moving toward zero-data training models like retrieval-augmented generation (RAG) that limit reliance on large proprietary datasets. And pressure is mounting for model creators to publish provable privacy guarantees, similar to cybersecurity standards today. Privacy by design is no longer aspirational. It’s the standard. This is what responsible looks like Embedding privacy into machine learning is not just about risk avoidance. It’s about building resilient, transparent, and trusted AI systems that deliver long-term value. As a privacy leader, you have a seat at the AI table. Use it to push for practical frameworks, rigorous testing, and cross-functional alignment. Because privacy by design is engineering excellence, not a constraint. And in a world racing to build the future, it’s also your organization’s competitive edge. Certified AI. Trusted Everywhere. Show the world your AI is accountable and ready for regulation. Build trust with certification based on NIST, OECD, and the EU AI Act. Prove your systems are built for fairness and privacy. Assessment Workflows, Without the Work. Automate privacy and vendor reviews with configurable templates and real-time risk tracking. Manage PIAs and DPIAs efficiently and focus on what matters: reducing risk. ==================================================================================================== URL: https://trustarc.com/resource/texas-privacy-law-enforcement/ TITLE: Texas Privacy Enforcement: Navigating the Attorney General’s Aggressive Approach | TrustArc TYPE: resource --- In the world of data privacy, the Texas Attorney General’s office is akin to a sheriff from a classic Western—unyielding, ever-vigilant, and relentless in pursuit of justice. Businesses operating in Texas or serving its residents must take heed: The Texas Attorney General (AG) has vigorously enforced privacy laws, even predating the Texas Data Privacy and Security Act (TDPSA) , turning the Lone Star State into a formidable force for data compliance. Texas: Championing consumer privacy Texas’s aggressive consumer protection stance is marked by an impressive record of enforcement actions and staggering financial settlements. Over the past four years alone, the Texas State AG has initiated numerous high-profile investigations and lawsuits, underscoring his determination to protect Texans’ personal data from misuse and exploitation. From suing tech giants to car manufacturers, the state AG’s office has repeatedly demonstrated zero tolerance for privacy violations. In 2022, the AG launched multiple lawsuits against Google for deceptive tracking practices, misleading Texans about the privacy protections of “Incognito Mode,” and unlawfully capturing biometric data. These aggressive legal maneuvers culminated in a historic $1.375 billion settlement with Google in May 2025, a potent reminder of Texas’s determination to hold corporations accountable. Major Enforcement Milestones in Texas Privacy Law Early enforcement: Using existing laws to pave the way Even before the TDPSA took effect on July 1, 2024, the state AG’s office skillfully leveraged existing Texas laws like the Capture or Use of Biometric Identifiers Act (CUBI) Deceptive Trade Practices Act (DTPA) to hold companies accountable and enforce stringent privacy standards and accountability. In addition to the Google cases, Meta’s use of facial recognition without consent on Facebook led to a landmark $1.4 billion settlement in 2024. The case revealed that Meta indiscriminately scanned photos and videos uploaded to its platform, storing facial geometry records without informing or obtaining consent from users, a direct violation of CUBI and DTPA. Texas secured a record $1.4B privacy settlement from Meta—the largest ever by a single state privacy case. Other pre-TDPSA cases include lawsuits against TikTok for deceptive marketing to minors and potential facilitation of child exploitation, and LinkedIn for allegedly using private messages to train AI models without user consent. These cases showcase the Texas AG’s long-standing commitment to consumer protection using the legal tools available, even before a comprehensive privacy law existed. TDPSA: A new era in Texas privacy enforcement With a population of more than 30 million, virtually every nationally available service has Texas users, so even companies based outside the state are likely subject to the TDPSA. This vast jurisdictional reach significantly raises the stakes for noncompliance. The Texas Data Privacy and Security Act, effective July 1, 2024, has formalized Texans’ privacy rights and introduced strict compliance requirements for businesses. Unique among state privacy laws, the TDPSA gives the Attorney General exclusive enforcement authority. This includes issuing civil investigative demands (CIDs), assessing organizations’ data protection efforts, and initiating legal actions when necessary. Businesses benefit from a 30-day cure period to address violations before enforcement kicks in. To avoid fines of up to $7,500 per violation, organizations must swiftly document and implement corrective actions. The law also allows the AG to recover attorney’s fees and investigative costs, adding further financial stakes to enforcement. TDPSA requires businesses to: Respond to consumer rights requests within 45 days. Provide clear, accessible privacy notices detailing data collection and processing practices. Obtain explicit opt-in consent before collecting sensitive data, including biometric identifiers and precise geolocation. Conduct data protection assessments for high-risk processing activities, such as profiling, sensitive data use, or targeted advertising. Vendor Management and Contractual Safeguards A critical yet often overlooked component of TDPSA compliance is vendor management. Controllers must establish formal contracts with processors, clearly defining data handling instructions, confidentiality obligations, and security practices. Contracts must ensure: Processors only act under the controller’s instructions. Sensitive data is returned or deleted upon termination. Subcontractors are held to the same privacy obligations. Failure to enforce these contracts can expose organizations to enforcement actions if third parties violate the law while processing data on their behalf. Want to know more about TDPSA requirements and timelines? Background Brief: Texas Data Privacy and Security Act Lessons from recent enforcement actions The enforcement actions against Allstate and its subsidiary Arity vividly illustrate the stringent new landscape. The 2025 lawsuit accused these companies of secretly collecting and selling driving behavior data from consumers’ mobile devices and vehicles without adequate consent or transparency, highlighting failures in providing clear opt-out mechanisms. Similarly, General Motors faced litigation for using in-car technology to monitor drivers’ movements, recording sensitive data, and sharing it without meaningful disclosure. These cases stress the importance of clear opt-out mechanisms, user education, and detailed privacy policies. Protecting minors and policing emerging tech Protecting children online has become a cornerstone of the State of Texas’s privacy platform. Under the Securing Children Online Through Parental Involvement (SCOPE) Act , companies are prohibited from collecting or sharing children’s data without parental consent. TikTok, Instagram, Discord, and Character.AI have all come under investigation for allegedly putting minors’ safety at risk. Emerging technologies like AI and IoT are also under the AG’s microscope. Lawsuits against LinkedIn and Allstate’s Arity have flagged the risks of using personal data to train algorithms without transparency or consent. As technology evolves, the State AG’s approach indicates that Texas intends to remain at the forefront of privacy oversight. What privacy professionals need to know Given Texas’s robust enforcement regime, privacy professionals must urgently reassess their strategies: Audit your data practices: Ensure compliance with TDPSA, focusing particularly on consent mechanisms and robust consumer rights frameworks. Transparency is non-negotiable: Privacy policies should be clear, accessible, and truthful. Even unintentional misleading practices can attract substantial fines. Prioritize sensitive data: Carefully manage biometric data, precise geolocation, and children’s information. These are highly scrutinized under Texas law. Ensure all processor agreements meet TDPSA standards, including breach notification and data deletion clauses. Regularly update training: Ensure your team fully understands compliance obligations and the high stakes involved. Train staff to identify and avoid , honor opt-out signals, and handle Warning signs you may be on the Texas State AG Office radar You collect location, biometric, or children’s data without explicit opt-in. Your privacy policy hasn’t been updated since 2023. You rely on third-party SDKs or analytics tools but haven’t conducted a vendor risk review. You process data from children or minors but don’t verify age or request parental consent. You engage in targeted advertising or profiling but haven’t conducted a data protection impact assessment Note on enforcement structure: California’s privacy laws , the TDPSA does not allow private lawsuits. Only the Texas AG can enforce the law, including civil investigative demands, hefty financial penalties, and cost recovery for enforcement actions. Staying ahead of enforcement: A compliance imperative The AG’s assertive stance on privacy enforcement sends a clear message: Texas is serious about protecting consumers’ data rights. Businesses must act decisively to fortify their privacy programs against regulatory scrutiny. For privacy professionals, the urgency is clear—robust compliance isn’t just prudent; it’s imperative. After all, in the dynamic arena of Texas privacy enforcement, vigilance isn’t merely advisable; it’s essential to survival. Uncover blind spots and demonstrate accountability with dynamic data mapping and risk assessments built for privacy pros. Visualize data flows, automate ROPAs, and meet TDPSA and global requirements with ease. Consent That Clicks. Compliance That Scales. Capture, manage, and honor user choices with precision. Whether it’s sensitive data or cross-channel preferences, build trust while staying one step ahead of regulators. ==================================================================================================== URL: https://trustarc.com/resource/build-consent-management-strategy-that-scales/ TITLE: How to Build a Consent Management System Strategy That Scales | TrustArc TYPE: resource --- In a world increasingly driven by data, user trust isn’t a nice-to-have; it’s a competitive differentiator. As privacy laws tighten globally and expectations for transparency rise, organizations face a deceptively complex challenge: managing consent effectively. Not just any consent, but meaningful, scalable, regulation-ready consent that spans geographies, devices, and user journeys. Whether you’re wrangling cookie banners in Europe, preference centers in California, or mobile app compliance in Brazil, one truth rings louder than a TikTok trend: consent at scale is non-negotiable. And if your current system is held together by duct tape, PDFs, and dreams, now’s the time to upgrade. Let’s examine what it takes to develop a consent management strategy that is not only compliant but also built to grow with your business. What is consent management? is the process of collecting, tracking, and honoring users’ choices regarding how their personal data is collected and used. This includes methods such as opt-ins for cookies, toggles for marketing emails, and dashboards that let users manage their preferences over time. There’s no universal approach to consent as global privacy regulations each have their own requirements. For example: (EU) requires explicit, opt-in consent before collecting non-essential data. (California) favors opt-out models but enforces strict rules for “selling” or “sharing” data. (China), and others echo GDPR’s demand for informed and unambiguous consent. The differences may be dizzying, but the solution is clear: build a strategy that accounts for global requirements without fragmenting your user experience or privacy operations. Why a scalable consent management strategy matters As businesses grow, so does the complexity of managing consent. Multiple websites, apps, platforms, and vendors? Check. Expanding into new markets with different laws? Double check. Add new privacy laws each quarter, and you’ve got a recipe for chaos—unless you’re prepared. The cost of non-compliance at scale The consequences of poor consent management go far beyond a slap on the wrist: Meta was fined €1.2 billion for GDPR violations related to data transfers. , repeat violators can be fined up to 20% of their annual global revenue. Even small missteps, like a misfired cookie in France or a missing “Do Not Sell My Info” button in California, can trigger enforcement and erode brand trust. It’s not just the financial risk. Consent mismanagement fragments your data, undermines customer loyalty, and makes privacy audits a living nightmare. Core components of a consent management system A robust Consent Management System (CMS) should include these building blocks: Consent collection methods Ensure consent is captured across web, mobile, and in-app interfaces using plain language and just-in-time notices. Central dashboards where users can view, modify, or revoke their consent. Secure, timestamped logs of consent actions for audits and legal defensibility. Let users change their minds with ease, and honor their choices in real time. Real-time consent syncing Seamlessly update preferences across all platforms and data processors. Granular consent settings Enable consent by purpose (analytics vs. marketing) or category (location data vs. health data). Steps to build a consent management strategy that scales Scaling your strategy requires a structured approach: Understand legal requirements: Map all applicable laws in your operating regions. Keep tabs on regulatory changes with dynamic compliance tools. Design user-friendly interfaces: Use layered consent notices, visuals, and plain-language prompts to increase comprehension and consent rates. Implement scalable technology: Integrate a CMP with your existing systems, tag managers, and APIs to enforce user choices automatically. Send reminders, flag policy updates, and make privacy settings easily accessible. Run A/B tests on banners, collect feedback, and adjust interfaces for clarity and engagement. Use age-appropriate mechanisms for minors and explicit consent flows for sensitive data. Store records of notices, user actions, and audits to demonstrate compliance. Managing user consent preferences and data privacy compliance Respecting user consent preferences isn’t just the ethical thing to do. It’s the regulatory floor. As data privacy laws become more stringent and enforcement more aggressive, organizations must go beyond collecting consent at a single touchpoint. They must operationalize it across the entire data lifecycle, ensuring that each user’s choices are honored continuously, across platforms, channels, and use cases. Scalable consent management strategies make this possible by shifting from fragmented, manual processes to centralized, intelligent frameworks. Instead of treating each interaction, whether on a website, mobile app, or connected device, as a standalone event, modern systems unify consent signals into a single source of truth. This means a user who opts out of marketing emails on your website shouldn’t see personalized ads on your mobile app. And if that user withdraws consent, that change must take effect in real time—across every system that processes their data. Centralized consent dashboards At the heart of scalable compliance lies the centralized consent dashboard, a powerful tool that empowers both users and organizations. For users, it provides a transparent, accessible interface to view, modify, and withdraw consent preferences at any time. This visibility is especially critical under laws like the GDPR, which require that individuals be able to exercise their rights easily and without friction. With features like historical logs, exportable preferences, and device-level control, these dashboards help reinforce trust while reducing confusion. For organizations, centralized dashboards bring consistency and clarity. Instead of managing consent in silos (CRM, email marketing, analytics, web tagging), privacy teams can oversee all user preferences from a single pane of glass. This unified view enables real-time syncing of consent changes across integrated systems, ensuring that preferences are honored instantly and without manual intervention. More importantly, these dashboards dramatically reduce the burden of compliance. By automating preference updates, logging consent actions for audits, and providing built-in reporting capabilities, centralized dashboards help teams stay regulation-ready, whether facing a or a regulator’s inquiry. automation and governance do the heavy lifting. Consent Management Platforms (CMPs) can dynamically block or allow data processing activities based on user preferences, while robust governance frameworks ensure those rules are applied consistently across departments and vendors. The result? A future-ready approach that reduces risk, simplifies operations, and strengthens user trust at every digital touchpoint. In today’s privacy climate, that’s a win and a necessity. Challenges in scaling consent management Scalability isn’t just a tech issue; it’s an organizational one. Common obstacles include: Disconnected systems that fail to share consent signals. Mobile, web, server-side—each with unique requirements. Managing consent for health, biometric, and location data requires heightened controls. Constantly changing laws: New U.S. state laws, DMA in the EU, and AI-specific rules mean your strategy must flex fast. Leveraging consent management platforms and tools Modern Consent Management Platforms (CMPs) like TrustArc’s aren’t just banner creators. They’re compliance engines that help organizations operationalize consent at scale. These platforms go far beyond checkbox mechanics. They enable: Configure and enforce consent logic by jurisdiction, device, and purpose. Automatically block unauthorized data collection when consent isn’t granted. Maintain detailed logs of every consent interaction—critical for demonstrating compliance during regulatory audits. Allow users to fine-tune their preferences across marketing, analytics, social media, and more. One compelling example of this in action comes from the New England Journal of Medicine (NEJM). NEJM initially struggled with a non-functional cookie tool With TrustArc’s platform, NEJM could auto-scan and categorize website trackers, reduce manual overhead, and customize their consent experience to align with their brand across multiple domains, all with expert guidance from a dedicated Technical Account Manager. The result? A seamless implementation, consistent user experience, and a stronger foundation for privacy excellence in the healthcare publishing space. Additionally, CMPs like TrustArc’s are designed to support compliance with evolving AdTech frameworks, such as , making them essential for organizations navigating the blurred lines between advertising, analytics, and regulation. The role of consent management in enhancing user trust Here’s the truth: people don’t trust what they don’t understand. Transparent, ethical consent practices signal respect and accountability. According to the 2025 TrustArc Global Privacy Benchmarks Report 88% of companies say brand trust is a top motivator for privacy investments. Yet only 22% have implemented a full data privacy management platform , creating a trust gap that innovative organizations can fill. Measuring the success of your consent management strategy You can’t improve what you don’t measure. Here are some key KPIs: Are users engaging? Is your language clear? High numbers might indicate trust issues. Faster response = stronger governance. How quickly do you respond to new laws? Inconsistent experiences erode trust and break compliance. Organizations that measure these see 2x higher privacy competence scores Future trends in consent management . One shaped by technology, regulation, and user empowerment in equal measure. As privacy expectations rise and digital ecosystems evolve, organizations must look beyond compliance and toward innovation. One of the most transformative developments on the horizon is using AI-driven consent optimization . Instead of serving one-size-fits-all prompts, organizations are beginning to explore how artificial intelligence can tailor consent experiences based on contextual signals and behavioral patterns, while staying within ethical and legal boundaries. Imagine a system that knows when a user is most likely to engage, offers more precise language for those who hesitate, and gently nudges action when needed, all in service of a better user experience and stronger compliance outcomes. privacy laws around the world are evolving rapidly . Countries like India, Indonesia, and Saudi Arabia are rolling out new regulations that mirror the GDPR in spirit, if not always in structure. This global convergence means businesses can no longer treat privacy as a regional concern. Instead, they must design strategies that flex with the nuances of emerging frameworks while maintaining a consistent, scalable approach to consent. Another promising frontier is predictive preference modeling , which uses AI to anticipate the consent choices a user is likely to make based on past behavior or stated preferences. While still an emerging capability, this trend could streamline consent management by reducing friction and empowering users to exercise choice with fewer clicks, fewer banners, and greater clarity. Perhaps the most radical shift, however, lies in the rise of Web3 and decentralized consent frameworks . As blockchain and decentralized identity systems gain traction, the idea of users owning their own data—and controlling access to it through cryptographic keys rather than corporate databases—is moving from theory to practice. This shift holds the potential to upend traditional models of data control, placing the user at the center of the consent ecosystem. These trends are signals of a broader transformation. Consent is no longer a static checkbox. It’s becoming dynamic, predictive, decentralized, and deeply personal. Organizations that anticipate these changes will lead the trust economy. How TrustArc can help with consent management Building a scalable, compliant consent management strategy requires more than the right mindset; it demands the right tools. That’s where TrustArc comes in. TrustArc offers an integrated suite of consent and data rights solutions designed to grow with your business and adapt to ever-changing regulations. Whether you’re managing a global website footprint, a cross-platform mobile experience, or a decentralized marketing stack, TrustArc’s tools help you streamline compliance, reduce risk, and earn user trust at scale. Consent & Preference Manager centralizes and automates the capture and management of user consent across your digital ecosystem. From granular consent options to cross-device synchronization, it ensures your organization honors user choices consistently and compliantly. It’s configurable by jurisdiction, purpose, or channel, making it ideal for global businesses operating in complex regulatory environments. With regional laws evolving faster than you can say “ePrivacy Directive,” Consent is only part of the equation. Responding to user requests is the other half. Individual Rights Manager streamlines Data Subject Request (DSR) workflows with automation and customizable templates, helping you reduce response times and meet regulatory deadlines with confidence. From access and deletion to correction and objection, this tool ensures no request falls through the cracks. Together, these tools form a future-ready platform that scales with your privacy program. With TrustArc, you don’t have to choose between compliance and user experience. You get both. And because these solutions are built to integrate with your existing tech stack, implementation is seamless and sustainability is built in. Ready to take control of consent? ==================================================================================================== URL: https://trustarc.com/resource/blueprint-high-performing-privacy-team/ TITLE: The Perfect Privacy Profile: Blueprint of a High-Performing Privacy Team | TrustArc TYPE: resource --- If your privacy program were a blockbuster film, the high performers would be the all-star cast: disciplined, data-savvy, and always ready for a plot twist. But unlike Hollywood, privacy excellence isn’t built on luck or charm. It’s engineered through structure, strategy, and purpose-built tools. After six years of tracking worldwide privacy program performance, the TrustArc Global Privacy Benchmarks Report a perfect privacy profile depends on five essential elements: program approach, measurement methods, accountability standards, organizational structure, and the right privacy tech stack. This article breaks down each pillar, backed by real-world data and clear wins from top-tier privacy teams. Whether you’re building from scratch or leveling up, this is your blueprint. Program approach: Principles over prescriptions Privacy leaders don’t just chase regulations. They anticipate them. Organizations with the highest Global Privacy Index (GPI) scores in 2025 took a principles-based, framework-aligned approach to privacy, one grounded in ethics, not just checklists. These programs leveraged globally recognized frameworks like , ISO, and especially the Nymity Privacy Management Accountability Framework (PMAF) PMAF adopters consistently scored at the top of the GPI scale. Programs aligned to PMAF averaged a 74% GPI score—well above the global median of 61%. Why does this matter? Because principles-based programs scale across jurisdictions and technologies. They’re flexible enough to handle tomorrow’s compliance challenges (like AI regulations) without requiring a reboot every time a Measurement methods: If you don’t track it, you can’t improve it Forget vague sentiment. High-performing privacy teams are relentless about measurement. According to the 2025 report: Organizations that measure privacy performance score 31% higher The most-used methods include audit attestations and operational internal risk assessments, especially at the business-process level. These teams aren’t guessing where they stand. They’re proving it. They use metrics to align cross-functional teams, , and surface blind spots before they become breaches. Measurement isn’t just about dashboards. It’s about credibility. It’s about showing, not telling, that privacy is real, managed, and effective. Accountability standards: Bake it in, don’t bolt it on Privacy isn’t a department. Privacy is a design philosophy. And the top performers know it. High-scoring organizations operationalize privacy through and automated controls that are embedded across workflows. Think dynamic data mapping, automated DSAR workflows, real-time policy compliance, and vendor risk scoring systems. The 2025 data shows that organizations with automated monitoring and controls score significantly higher on privacy maturity and preparedness for AI regulations. And it’s not just the tech, . Programs that empower employees to raise privacy concerns without fear of reprisal reported dramatically higher internal confidence levels. This cultural reinforcement ensures accountability isn’t confined to legal or IT; it’s distributed enterprise-wide. Organizational structure: Centralized, not scattered Structure isn’t just semantics. It’s a strategy. centralized privacy teams led the pack with the highest average GPI scores, outperforming hub-and-spoke and decentralized models by up to 13 points. Why does centralization matter? : A single point of accountability avoids turf wars and shadow programs. : Unified policies and procedures reduce gaps across business units. : Central teams tend to have stronger alignment with executive leadership and are better resourced to act strategically. This trend has held firm since 2021, when TrustArc first highlighted centralization as a hallmark of privacy maturity. Privacy technology: Purpose-built beats pieced-together spreadsheets are still running your privacy program , it’s time to hit pause. The 2025 benchmarks show that companies using purpose-built privacy platforms, Data Mapping & Risk Manager , outperform others by wide margins: 78% GPI score with commercial privacy solutions 53% with internally developed tools 49% with free or open-source tools Dedicated privacy tools aren’t just nice-to-haves; they’re maturity markers. Top teams also reported plans to expand their tech stacks further: 77% plan to implement tools to improve data visibility and risk 72% are building or expanding Trust Centers to demonstrate transparency and trustworthiness These investments pay off by accelerating compliance, increasing internal confidence, and future-proofing privacy operations against emerging regulations like AI and cross-border data transfer regimes. Bonus insight: Small teams, big moves While large enterprises have led the way, small companies are catching up fast. In 2024, only 31% of companies under $50M had dedicated privacy offices. In 2025, that number . That’s a triple-digit leap, signaling that privacy isn’t just a big-budget game anymore. Smaller organizations are realizing that building structure early and investing in the right tools sets them up to grow with confidence, not compliance chaos. The perfect privacy profile at a glance Principles-based, globally aligned, Nymity PMAF-adopting Audit attestations (e.g., PrivacyCentral), internal risk assessments Embedded privacy by design, automated monitoring, employee empowerment Centralized teams with clear enterprise-wide authority Purpose-built solutions (e.g., Trust Center, DSAR tools, risk automation) In privacy, as in film, there are leads and there are extras. High-performing privacy programs aren’t guessing, hoping, or outsourcing their credibility. They’re aligning strategy to principles, measuring what matters, embedding accountability, structuring for speed, and investing in the tools that keep them ahead of the curve. This is the playbook for building trust in a world of algorithmic decisions, regulatory acceleration, and rising public scrutiny. If your team is still figuring it out, start here. Because the best privacy teams don’t just comply—they outperform. Trust Center Transparency. Revenue Results. Turn your privacy posture into a competitive advantage. Publish policies, disclosures, and certifications in a no-code hub built to boost confidence, accelerate sales cycles, and satisfy compliance. Smarter Compliance. Zero Chaos. Ditch the spreadsheets. PrivacyCentral automates regulatory compliance with 20,000+ pre-mapped controls across 140+ laws so you can scale, streamline, and stay audit-ready without the rework. ==================================================================================================== URL: https://trustarc.com/resource/ai-readiness-privacy-power-move/ TITLE: AI Readiness is the New Privacy Power Move: Why Forward-Thinking Privacy Pros Are Outpacing the Pack | TrustArc TYPE: resource --- AI isn’t just coming—it’s already knocking on the compliance door. And for organizations dragging their feet, that knock might sound more like a battering ram. Artificial intelligence has officially become the pressure cooker for privacy programs worldwide. According to the 2025 TrustArc Global Privacy Benchmarks Report , AI-related compliance challenges have surged to the top of the risk register for the second year in a row, reshaping how leading organizations approach privacy performance, regulatory readiness, and cross-functional alignment. And here’s the kicker: the companies that are “AI-ready” aren’t just surviving. They’re soaring. The AI readiness advantage: Privacy pros score big Let’s start with the stat that should stop you in your scroll: Organizations that are ready and aligned on AI privacy compliance score a whopping 77% on the Privacy Index. That’s 16 points higher than the global average. This is no coincidence. These leaders aren’t playing privacy whack-a-mole—they’re building foundational strength. The report highlights five key traits shared by these top performers: Comprehensive data inventory and mapping Active third-party privacy certifications Public-facing Trust Centers These smart moves are competitive differentiators in the AI era. High-performing privacy teams bring together cross-functional strengths to confront today’s compliance chaos with clarity and control AI compliance: The top challenge—again If it feels like AI is making your job harder, you’re not alone. Nearly half of all surveyed privacy professionals rate as “very” or “extremely” challenging. This includes: 43% citing AI compliance difficulty. 28% identifying AI-specific privacy vulnerabilities. 31% reporting poor alignment across privacy, tech, and leadership teams. In other words, for a technology built on intelligence, AI introduces a lot of misunderstanding That lack of alignment is a silent killer. Misaligned organizations struggle, scoring just 54% on the Privacy Index. Meanwhile, aligned orgs enjoy sky-high performance and strategic clarity. Why being prepared for AI regulation pays (big time) It’s about more than compliance. It’s about competence. Organizations that are “very prepared” for upcoming laws like the score dramatically higher across privacy implementations. They’re more likely to have: This kind of readiness is transformative, not reactive. According to the report, only 11% of companies consider themselves “transformative” in AI compliance, cybersecurity, and privacy management. But those that do? And guess what else? Regulatory prep correlates strongly with tool adoption. These organizations know that being “very prepared” means being very equipped. Tool time: Adoption fuels compliance The 2025 report pulls no punches: the right tools are the engines of elite privacy programs. Companies that fully implement solutions like , automation platforms, and outperform their less-equipped peers by 10 to 20 points on the Privacy Index Yet, the tool adoption gap remains wide: Only 22% have implemented a full privacy management platform. Even among those who prioritize brand trust, that number barely hits 24%. This is more than a privacy gap; it’s a preparedness chasm. But here’s the kicker: tool investment is surging. Among organizations that experienced a data breach in the past three years, . Why? Because nothing motivates like a good ol’ fashioned panic attack. Which brings us to the final point… Fear as a privacy strategy? Unfortunately, it’s working to be inspired by noble goals like “ethics,” “consumer trust,” and “doing the right thing.” But the cold reality is that fear still drives faster adoption than foresight. According to the 2025 Global Privacy Benchmarks report: Organizations that suffered a breach are to have already invested in privacy tech. say they’re very likely to follow suit. In short, fear works. But let’s be honest, it’s not the best business strategy. What privacy pros can learn from the leaders So what separates the proactive from the reactive? According to the report, it boils down to five moves: 1. Align across functions Don’t let privacy, tech, and leadership teams operate in silos. Alignment is existential. Stop relying on spreadsheets and duct tape. Purpose-built tools aren’t a luxury anymore; they’re a necessity. 3. Prepare for regulation before it hits Treat readiness like a differentiator, not a deadline. The EU and Colorado aren’t the last stops on the AI regulation train. track progress relentlessly using internal audits, KPIs, and structured assessments. 5. Lead with trust, not terror Don’t wait for an incident or breach to force your hand. Build credibility now, before customers, partners, and regulators start asking tough questions. The big picture: Privacy in the age of AI . Privacy is no longer a postscript or a compliance checkbox. It’s a strategy, a signal of maturity, and a source of competitive edge. This year’s Global Privacy Benchmarks report makes one thing clear: the organizations that treat AI readiness as a cornerstone of privacy are winning —by the numbers, by the culture, and by the confidence they inspire. If your privacy program isn’t evolving with AI, it’s eroding. The stakes are rising, the tools are available, and the leaders have already left the station. The good news? There’s still time to catch up. Ready to rise? Dive deeper. 2025 TrustArc Global Privacy Benchmarks Report to see how your privacy program stacks up. Identify gaps, seize opportunities, and learn from those setting the pace in this new AI-governed world. Because in the race for privacy excellence, the best time to start was yesterday. The second-best time? Right now. Rights Requests, Resolved with Ease. Automate and scale your DSR fulfillment across jurisdictions without the headaches. With workflow automation and built-in compliance controls, you can cut response times, reduce risk, and stay audit-ready. Clearer Maps. Cleaner Risk Profiles. Visualize your data flows, flag risks fast, and generate compliance reports on demand. Map personal data with precision and power innovative privacy decisions at scale. ==================================================================================================== URL: https://trustarc.com/resource/protecting-americans-data-act-scope-risks-compliance/ TITLE: PADFA Explained: U.S. Data Law on Foreign Adversaries TYPE: resource --- Sensitive data, from biometrics to location trails, has become a high-value target in a world of evolving cybersecurity threats and increasing data flows across borders. The U.S. response? The Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA) , a crucial tool designed to stop foreign adversaries from exploiting American data, including data about military personnel. PADFA is an essential piece of legislation that privacy, compliance, technology, and security professionals must understand and navigate effectively. Understanding PADFA: Scope and intent PADFA was passed in 2024 to prevent data brokers from transferring personally identifiable sensitive data of U.S. individuals to foreign adversary countries or entities controlled by them. The countries currently designated as foreign adversaries include China, Russia, Iran, and North Korea. This designation may be updated by the U.S. government over time. The Act aims to mitigate national security risks by restricting the flow of that could be exploited by these nations. It reflects growing concerns over how foreign entities might use personal data for espionage, surveillance, or other malicious purposes. Key definitions: Who and what is affected? Under PADFA, a data broker is defined as an entity that, for valuable consideration, sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available data of U.S. individuals that the entity did not collect directly from such individuals to another entity that is not acting as a service provider. This broad definition captures many businesses, including those that aggregate and sell data without direct consumer relationships. Importantly, PADFA is not limited to U.S.-based companies. Any entity, domestic or foreign, that qualifies as a data broker and handles U.S. individuals’ sensitive data may be subject to the law if it transacts with a foreign adversary or an entity under its control. This extraterritorial reach mirrors other and underscores the need for international organizations to assess their exposure. Personally identifiable sensitive data sensitive data as any sensitive data that identifies or is linked or reasonably linkable, alone or in combination with other data, to an individual or a device that identifies or is linked or reasonably linkable to an individual. This includes, but is not limited to: Government-issued identifiers (e.g., Social Security numbers) Financial account numbers Biometric and genetic information Health related information, including mental health Private communications (e.g., texts, emails) Calendar or address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual Information about individuals under the age of 17 Information about an individual’s online activity over time and across websites or online services An individual’s military status Controlled by a foreign adversary An entity is considered “controlled by a foreign adversary” if it is: Domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country; Directly or indirectly owned at least 20% by a foreign person from a foreign adversary country; or Subject to the direction or control of such a foreign person or entity. regulators discretion to expand or revise what qualifies as “sensitive data” or a “foreign adversary” over time. This built-in flexibility makes it critical for organizations, especially those operating internationally, to stay alert to regulatory updates and emerging enforcement trends. Enforcement mechanisms and penalties The Federal Trade Commission (FTC) is responsible for enforcing PADFA. Violations are treated as unfair or deceptive acts or practices under the Federal Trade Commission Act . The FTC has the authority to seek civil penalties of up to $50,120 per violation. Given the significant financial implications, organizations must ensure strict compliance to avoid substantial penalties. PADFA does not include a private right of action; thus, individuals cannot file lawsuits under the Act. Enforcement lies solely with the FTC. Still, organizations may face reputational fallout or regulatory scrutiny from watchdog groups and international partners for noncompliance. Implications for privacy and compliance professionals Privacy professionals play a critical role in ensuring organizational compliance with PADFA. Key responsibilities and steps privacy professionals should take include: 1. Assessing data broker status Determine whether your organization qualifies as a under PADFA. This includes evaluating how your organization collects, sources, and shares data with third parties, especially those not acting as service providers. Unlike some state-level data broker laws (like in California and Vermont), PADFA does not require data brokers to register in a national database yet. However, federal registration requirements have been proposed in parallel legislation, so this could change. 2. Flag high-risk data sharing scenarios Pay special attention to scenarios involving programmatic advertising, third-party analytics, or cloud infrastructure with international dependencies. These indirect data pathways are often overlooked but may still fall within PADFA’s scope if they expose sensitive data to foreign adversaries. to identify any transfers of personally identifiable sensitive data to foreign entities. Ensure that data is not inadvertently shared with entities controlled by foreign adversaries. 4. Updating contracts and agreements Review and update contracts with third parties to include clauses that prohibit the transfer of sensitive data to foreign adversaries. Implementing robust contractual safeguards is essential. 5. Implementing monitoring mechanisms Establish monitoring systems to track data transfers and detect any unauthorized sharing of sensitive data. Regular audits can help maintain compliance. 6. Engaging legal counsel Consult with suitable legal counsel to assess PADFA’s provisions and to develop comprehensive compliance strategies. Distinguishing PADFA from Executive Order 14117 aim to protect Americans’ sensitive data from foreign adversaries, they differ in scope and enforcement: : Legislative act focusing on data brokers, enforced by the FTC, with civil penalties for violations. Presidential directive with broader applicability, including various entities handling sensitive data, enforced by the Department of Justice, and includes both civil and criminal penalties. Understanding these distinctions is important for organizations to ensure comprehensive compliance. For a deeper dive into EO 14117 including covered data types, enforcement timelines, and how to operationalize DOJ compliance, read our full breakdown of and what it means for sensitive data, AI risk, and national security. Meet PADFA Head-On with Smart Strategy and Strong Governance The Protecting Americans’ Data from Foreign Adversaries Act of 2024 represents a significant shift in the U.S. data privacy landscape, focusing on national security. By proactively assessing data practices, updating policies, and engaging with legal counsel, organizations can navigate PADFA confidently and effectively. Smarter Mapping. Real-Time Risk Insights. Map personal data and manage privacy risk. Visualize data flows, surface hidden exposures, and generate audit-ready reports with intelligent risk scoring and assessment tools built for fast-moving teams. Research That Works While You Work. Stay ahead of regulatory change without lifting a finger. Nymity Research delivers automated, expert-curated updates tailored to your program so you can focus on strategy instead of sifting through legislation. ==================================================================================================== URL: https://trustarc.com/resource/evolution-us-state-data-privacy-laws-2023-2024/ TITLE: Evolution of US State Data Privacy Laws: 2023-2024 | TrustArc TYPE: resource --- In January 2023, TrustArc Privacy Intelligence noted in our 2023 Data Privacy Law it was too early to tell if this would be the year the United States ‘finally gains an all-encompassing federal law governing data protection and privacy like the European Union’s broad-reaching GDPR’. Now, at almost year’s end, while we still don’t have a US National Data Privacy law, we’ve seen a lot more activity to update privacy laws state by state. Meaghan McCluskey, former Associate General Counsel of Research at TrustArc, recently spoke about how and why these US privacy laws are evolving in an EM360 podcast with Richard Stiennon, Chief Research Analyst at IT-Harvest, titled “ TrustArc: The Evolution of Privacy Laws Data privacy laws: How we got here Privacy isn’t a new concept by any means, though the data-hungry commercial internet has certainly helped make more people aware of the value – and risks – associated with their personal information. You can trace the current developments in privacy rights at least as far back as December 1948, post-World World II, when the United Nations General Assembly adopted the Universal Declaration of Human Rights. Article 12 of the Declaration states: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” In the European Union the laws about privacy have clearly evolved from a human rights perspective and culminated with the EU General Data Protection Regulation ( ), which focuses on consumer protection from intrusions (or interference) into personal privacy. The GDPR set the bar globally for data privacy protection laws and we’re now seeing many of the same data privacy principles being adopted in US state privacy laws. Key data privacy principles include making sure your organization: Collects data for a clear, stated purpose. Only collects personal information that is necessary for the stated purpose. Does not store the data for longer than is needed by the organization to achieve the stated purpose. Secures the data properly against unauthorized access, misuse or theft. Complies with all applicable data privacy regulations in the jurisdictions in which it interacts with customers. Keeps its data privacy policy and processes updated to comply with all applicable regulations; and manages compliance by employees, partners and third parties. Generally, if you follow best practices for data privacy you should be on track for compliance with the privacy laws that apply to your business. Privacy compliance challenges across US State lines (and internationally) Many of the recently passed US state privacy laws follow the lead of the California Consumer Privacy Act regulations (2019) to protect individual rights such as: Right to know what personal data a company collects, why it is collected, how it is used, and whether it is shared and/or sold. Right to access personal information held by a company. Right to delete and/or correct records of personal data held by a company. Right to opt-out (or opt-in) of sale and/or sharing of personal data. Right to opt-out of consumer profiling/advertising targeting. Right not to be discriminated against for exercising privacy rights. There are some common challenges with privacy compliance which we’re seeing appear more frequently as more US states enact data privacy laws. We’ve listed some examples below. Cookie preference, consent Banners, and opt-outs GDPR set a precedent requiring organizations to get an individual’s consent before the use of cookies and other tracking technologies. CPRA amendments under CCPA require businesses to conspicuously display clear and easy-to-understand notices at or before the point of data collection. These notices must explain how and why personal data is collected and give individuals easy-to-use mechanisms to exercise their rights to control their personal information, such as “Do Not Sell My Personal Information”, “Opt-out”, “Accept only necessary cookies” and “Reject all cookies”. Some businesses are implementing cookie and consent mechanisms well, though we see plenty that are not so well implemented. helps businesses grow consumer trust and achieve cookie compliance with privacy laws worldwide, including GDPR. Data subject access requests Every data privacy regulation introduced so far – whether overseas or one of the 13 US state privacy laws – includes three strong personal information privacy rights related to how and why a business collects and processes data: A related fourth privacy right – the right to correct inaccuracies in records of personal information – is also protected in 11 of the 13 US state privacy laws passed (California, Colorado, Connecticut, Delaware, Florida, Indiana, Montana, Oregon, Tennessee, Texas, and Virginia); but this right hasn’t been included in the state privacy laws passed for Iowa and Utah. Data subject access requests (DSARs) allow individuals to exercise some privacy rights, though the challenges for some businesses are: Maintaining accurate records of the personal data, categories of information, processes, access permissions, how it is secured and every location (from points of collection to processing and every third party it was shared or sold). Ensuring DSARs are correctly managed downstream with multiple partners and third parties. DSARs are especially challenging to execute if records aren’t up to date. Lack of alignment across the business about what kind of information is considered personal data. For example, some people are unaware that IP addresses of people visiting a website are a type of personal data. Individual Rights Manager automates and scales data subject request fulfillment in compliance with global regulatory requirements. Managing organization-wide compliance with US State privacy laws While an important role of the privacy office is to maintain awareness of privacy policies and processes, if they’re siloed from the rest of the business, they won’t have good insight into any new issues involving the collection and use of data. So it’s vital the privacy office is involved in every business decision around personal data – for example, whenever new technologies, marketing methods or new ventures are being considered – to ensure business-wide compliance with all relevant existing privacy laws. automates and streamlines effective privacy program compliance across different jurisdictions, standards, and laws – removing any duplicative work that overlaps. Audit your privacy efficacy, accountability, and governance with on-demand benchmarking, attestation, and stakeholder reporting. Rights Requests, Reimagined. Manual DSR fulfillment is yesterday’s problem. Automate intake, triage, and response across global laws—no spreadsheets, no scrambling, just fast, compliant outcomes. Privacy Compliance, Without the Chaos. Replace reactive workflows with proactive governance. Centralize and streamline your privacy program with pre-mapped controls and intelligent automation built for global scale. ==================================================================================================== URL: https://trustarc.com/resource/privacy-challenges-fintech/ TITLE: Privacy Challenges in Fintech: How to Balance Innovation and Regulation Without Losing Your Mind (or Your Customers) | TrustArc TYPE: resource --- There’s a quiet war raging in the fintech world. On one side: relentless innovation, fueled by AI, blockchain, and hybrid cloud dreams. On the other: a fortress of privacy laws growing taller by the day new state-level regulations Fintech companies are racing to build the future without triggering regulatory hurdles or losing the trust of the consumers they aim to serve. Welcome to the new frontier: balancing innovation and regulation without losing your edge, your customers, or your credibility. Why navigating privacy laws feels like running an obstacle course blindfolded Let’s be blunt: Privacy laws aren’t just numerous. They’re multiplying faster than AI-generated cat memes. Between , and a growing constellation of U.S. state-level laws, fintechs are faced with an overwhelming and time-consuming burden​. And the complexity doesn’t end there. Each regulation has its own flavor, rhythm, and penalties for getting the choreography wrong. Staying compliant across jurisdictions often feels like trying to dance the tango, salsa, and breakdance simultaneously. Yet, agility is possible. By adopting a technology-driven, principles-based approach, one focused on automation, harmonization, and risk-based prioritization, fintechs can stay flexible while meeting compliance obligations​. How to stay agile without breaking the law (or the bank) Agility isn’t an accident. It’s an architecture. Today’s smartest fintech companies design for compliance like they design for scalability or security: deliberately, systematically, strategically. Privacy tech is your best friend: Technology solutions let fintech organizations automate risk assessments embed compliance into everyday operations Principles over prescriptions: Rather than memorizing every line of every law, agile fintechs follow harmonized privacy principles (transparency, accountability, and data minimization) that transcend borders and future-proof operations. Data governance is the new firewall: Good governance isn’t glamorous, but it’s game-changing. Managing cross-border data, vetting vendors, and documenting processing activities separates winners from cautionary tales​. Continuous monitoring, not crisis management: Compliance isn’t static. Regulations shift like tectonic plates. Fintechs that monitor changes, update policies, and retrain teams regularly will always outrun those who only react. The goal? Build privacy resilience so compliance is a reflex, not a roadblock. How startups can prioritize which regulations to tackle first When you’re moving fast and breaking (only metaphorical) things, how do you know which rules to follow first? No fintech startup can boil the ocean. But it can chart a smart course. Conduct a risk assessment: Understand your data’s sensitivity and exposure. Focus on jurisdictional relevance: Where are your users? Where are your regulators? Align with core activities: If you touch financial data, GLBA is table stakes. EU residents? GDPR is non-negotiable. Build compliance into your infrastructure from the start. Because nothing stays the same. Not your code, not the law. Prioritize with precision, and compliance won’t crush your velocity. Building trust that travels: Certifications and frameworks that matter In fintech, trust isn’t a bonus. It’s a business model. It’s the silent handshake behind every transaction, every login, every swipe of a card. And for privacy professionals working inside fintech organizations, , provable, and portable. This is where certifications and frameworks come in—not as mere gold stars to slap on a website footer, but as real-world evidence that your organization takes privacy, security, and accountability seriously. They’re the armor you wear when regulators come knocking. They’re the credibility you carry into every new market you enter. Here’s the insider’s toolkit for building trust that travels: ISO/IEC 27001: The blueprint for bulletproof security as the gold standard for serious security management. It’s a comprehensive framework that protects information assets and builds a disciplined security culture across an organization. For fintechs juggling sensitive personal and financial data, ISO certification is often the table-stakes requirement to work with banks, enterprise clients, and discerning consumers​. SOC 2: Cloud confidence, certified If your fintech relies on cloud infrastructure (and let’s face it, who doesn’t?) is essential. It evaluates controls related to security, availability, processing integrity, confidentiality, and privacy. SOC 2 is how you signal to partners and customers alike that your cloud castle isn’t made of sand​. PCI DSS: Non-negotiable for payments Handling payment card data without is like driving without a seatbelt—reckless, dangerous, and sooner or later, costly. Fintech companies that interact with payment systems must meet these stringent security standards or risk facing fines, lawsuits, and lost customer trust​. CBPR and PRP: Your passport for cross-border data flows Global expansion is every fintech’s dream, but data can’t cross borders on a handshake alone. Cross-Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) frameworks, established under APEC, provide an internationally recognized, interoperable way to demonstrate compliance and smooth data flows between jurisdictions​. In a world where “data sovereignty” is a rallying cry, these certifications are your passport. TRUSTe Certifications: Instant credibility at first glance In an industry fueled by reputation, optics matter. function like visual shorthand for privacy excellence. They offer consumer-facing validation that your organization has met rigorous, independent standards for privacy practices​. Why are these certifications more than just plaques on a wall? embedded in fast-moving fintechs, certifications offer powerful, practical advantages: Certifications demonstrate proactive, verifiable compliance—a critical edge when regulators investigate or when laws evolve overnight​. In a world where users are more privacy-savvy (and skeptical) than ever, visible trustmarks build loyalty from the first click. Frameworks like ISO/IEC 27001 and SOC 2 don’t just prevent risks. They streamline processes, making compliance less reactive and more routine. Cross-border certifications like CBPR and PRP help fintechs expand without getting snarled in And here’s the hidden magic: Organizations that prioritize certifications and structured privacy frameworks consistently their peers in privacy competence​. Companies embracing certifications scored substantially higher on , showing stronger security, better stakeholder trust, and a smarter, more sustainable approach to innovation. Managing AI in fintech: Balancing innovation, personalization, and responsible risk Artificial intelligence isn’t knocking on fintech’s door. It’s already inside, sitting at the conference table, rewriting the agenda. From turbocharged fraud detection to eerily accurate credit scoring, AI and predictive analytics are fueling the next generation of financial innovation. But here’s the plot twist: Regulators aren’t impressed by shiny algorithms alone. They’re demanding transparency, fairness, and accountability. And they’re backing up those demands with increasingly complex laws like the EU AI Act and U.S. state-level privacy statutes​. For fintech privacy professionals, this moment is catalytic. Innovation’s bright promise, privacy’s thorny problem Fintechs love AI for the same reasons everyone loves a smart shortcut: it makes processes faster, decisions sharper, and personalization feel almost magical. Predictive analytics power robo-advisors that can rebalance portfolios in real-time, approve loans in minutes, and flag fraudulent transactions before a customer notices. But here’s the kicker: Regulators love a good audit trail even more than they love AI. The EU AI Act classifies key fintech uses, like credit scoring and fraud detection, as “high-risk AI systems,” imposing strict new obligations​: must be conducted regularly. must be built in (because no one trusts a black box with their mortgage). must verify that systems perform as intended, not just at launch, but long after. The U.S. is following suit. State laws like the CCPA and the give consumers the right to opt out of profiling, while and California are tightening rules on synthetic data and AI transparency​. If that last one caught you off guard, you’re not alone. Utah just became the first state to pass a dedicated AI law—one that treats generative AI like a big deal (because it is). From chatbot disclosures to sandbox programs, it’s a glimpse of the regulatory future. Get the full breakdown of the Translation for fintechs: If your AI can’t explain itself clearly, or if there’s no human in the loop, you’re inviting regulatory scrutiny faster than you can say “algorithmic bias.” And the scrutiny won’t stop at algorithms. Employment decisions, lending offers, insurance underwriting, and anywhere AI makes impactful choices, will be under the magnifying glass​. Personalization vs. privacy: Walking the tightrope Of course, fintech’s love affair with AI isn’t just about speed. It’s about personalization. The ability to craft customized financial experiences that feel intuitive and effortless. But there’s a fine line between personalization and invasion Done carelessly, personalization can feel more like surveillance, triggering regulatory alarms and customer resentment. Done thoughtfully, it becomes a trust-building superpower. Here’s how leading fintechs thread the needle​: Tell users exactly what data you collect and how it fuels their experience. Offer opt-outs, and make opting out easy, not a Kafkaesque maze. Use data for clear, disclosed reasons, not just because you can. Collect only what you need to deliver real value, not what looks juicy for marketing analytics. Lean on privacy-enhancing technologies like differential privacy and synthetic data to reduce risks while maintaining insights. Turn personalization from an intrusion into an invitation. Consumers will gladly share data when they feel respected, empowered, and valued, not when they feel observed. Responsible AI: Just because you can doesn’t mean you should In the early days of fintech AI, anything went. Speed was king. Novelty was queen. And the rest? A problem for later. Emerging standards for responsible AI use in fintech emphasize a simple but powerful truth: Ethical AI isn’t a luxury. It’s a license to operate​. Privacy leaders should build AI systems around five core pillars: Disclose when AI is involved and explain how it works. No more mystery meat algorithms. Regularly audit AI models for bias and fix what you find. Define clear accountability for AI outcomes, from engineers to executives. , encrypt personal information, and require clear, informed consent. and embed ethical risk reviews into every major product or feature launch. is about more than compliance. It’s about brand survival. Consumers are tired of feeling like guinea pigs in opaque experiments, and regulators are tired of being the last line of defense. They’re betting on innovative companies without inviting lawsuits, boycotts, or front-page scandals. Challenges, opportunities, and the road ahead Getting AI right won’t be easy. Stricter regulations are raising compliance costs and curbing fully automated decision-making, demanding greater human oversight. But the payoff is worth it. Privacy-preserving technologies like federated learning, zero-knowledge proofs, and synthetic data offer fintech new ways to innovate without breaching trust, and ethical AI practices are fast becoming a competitive edge in an increasingly skeptical marketplace. Build AI like the world is watching—because it is innovation without accountability is a mirage. Speed without transparency is a trap. And personalization without privacy is a ticking time bomb. The future belongs to fintechs that lead with ethics, embed transparency, prioritize user control, and turn responsible AI into a foundation. Not an afterthought. move fast, but don’t break trust. Because in a world where algorithms increasingly shape our financial lives, trust isn’t just a feature. It’s the product. Privacy by design: The not-so-secret weapon for innovation Embedding privacy into fintech products doesn’t have to be a creativity killer. Done right, it supercharges innovation. Privacy Impact Assessments (PIAs) Collect only what you need: reduces your attack surface. About data sharing, personalization, and automated decisions​. Use Privacy-Enhancing Technologies (PETs): Encryption, differential privacy, and synthetic data are your allies, not your anchors. Designing with privacy first unlocks a powerful paradox: The freer your users feel, the more loyal they become. Managing third-party risk: Because you’re only as strong as your weakest vendor If you’re partnering with banks, payment processors, or tech vendors, congratulations! You’re also inheriting their risks. In fintech, partnering is non-negotiable. So is managing third-party risk before contracts are signed. Monitor performance and compliance like your future reputation depends on it (because it does)​ Your trustworthiness is only as strong as the least careful company in your ecosystem. And remember: If your partner drops the ball, regulators will knock on Strong authentication: Biometrics without big brother vibes Biometric authentication (think Face ID or fingerprint scans) offers next-level security, but only if privacy concerns are handled with care: on user devices whenever possible. Offer non-biometric alternatives about how authentication systems work​. Trust is the linchpin. Without it, even the slickest authentication systems will falter. Respect privacy in your authentication flows, and you’ll earn loyalty that’s stronger than any password. Privacy notices that work: From legal fine print to competitive advantage Let’s face it, most privacy notices are written for regulators, not real people. Long, dense, and unreadable, they’re often treated as compliance wallpaper. But in fintech, where you’re asking customers to trust you with their most personal financial data, that just won’t cut it. A well-written privacy notice is more than a legal requirement. It’s your handshake. Your promise. Your first impression. Fintech companies that take privacy seriously are transforming their notices into trust-building tools. They’re using them to show (not just tell) users that their rights and data matter. Here’s what that looks like in practice: Plain language over legalese. Write like a human. Use active voice, short sentences, and words people actually use. “We collect your data to improve your experience,” not “the data subject’s personally identifiable information may be processed in accordance with applicable statutes.” Break content into digestible sections with bold headers, white space, and clear calls to action. Mobile-readiness is a must. If your privacy notice looks like a 1997 FAQ page, it’s time to refresh. . Say exactly what data you collect, why, and how it’s used. Highlight options clearly, like opting out of data sharing or limiting tracking. Don’t bury the “no thanks” button in a wall of text. Transparency and accessibility. Provide contact info, define technical terms, and ensure your policy is easy to find. Accessibility and clarity go hand in hand when it comes to building trust. Reflect your brand’s values. Your notice should echo your broader privacy posture. It’s not just about ticking regulatory boxes; it’s about proving to users that you care. Fintechs that get this right reduce risk and build loyalty. A clear, approachable privacy notice signals that you’re a company that respects your customers, not just their data. A good privacy notice isn’t just legal protection. It’s a brand statement. Privacy as innovation’s co-pilot: Rethinking what powers fintech’s future The fintechs that will shape the future won’t just build faster algorithms or sleeker apps. And not the vague, feel-good kind. We’re talking about trust engineered into every product, process, and policy. Deliberately. Visibly. And from day one. In a world where every swipe, scan, and score is powered by data, privacy isn’t the brake. It’s the steering wheel. Privacy-first fintechs are already pulling ahead—not because they slowed down innovation but because they They’re designing experiences that don’t just comply with global regulations but anticipate them. They’re making transparency intuitive, not intimidating. And they’re giving customers control in an industry where control has long been asymmetrical. That’s not just good ethics. That’s a Trust is the next great fintech differentiator In a future where every fintech has access to the same AI models and cloud platforms, trust will separate the trailblazers from the trend chasers. Privacy-savvy consumers, investors, and regulators already favor companies that embed transparency, meaningful consent, and accountability into their operations. Fintechs that lead with trust aren’t just reacting to regulations—they’re shaping them. By demonstrating what good looks like (through responsible AI, clear disclosures, and robust governance), these companies are influencing industry norms and earning a seat at the table with partners, platforms, and policymakers. In fintech, ecosystem trust is compound interest: the more you invest in it today, the more resilience, loyalty, and growth it builds tomorrow. The fintechs that lead with privacy will be the ones still standing tomorrow As AI, blockchain, and decentralized finance reshape the landscape, the pressure to move fast has never been higher. But speed without substance is brittle, and features without trust are forgettable. Privacy done well is the force multiplier. It turns compliance into culture, transforms user acquisition into enduring relationships, and separates trend chasers from trailblazers. Because the future of fintech isn’t just about innovation. It’s about who users, partners, and regulators trust to build that innovation responsibly. Fintechs that recognize this now won’t just survive tomorrow. They’ll define it. Fintech’s privacy challenges are daunting, yes. But they are also an unprecedented opportunity. Welcome to the future. Now, go build it responsibly. Smarter Vendor Risk. Fewer Surprises. Stay ahead of third-party risk with dynamic vendor tracking, built-in assessments, and automated reporting. Reduce exposure and prove accountability without slowing down. Rights Requests, Resolved with Ease. Empower your team to fulfill individual rights with speed and precision. Automate intake, routing, and response from one powerful platform that scales with your needs. ==================================================================================================== URL: https://trustarc.com/resource/privacy-strategic-business-advantage/ TITLE: Privacy as a Strategic Business Advantage: How to Turn Compliance into Competitive Edge | TrustArc TYPE: resource --- From compliance checklist to business superpower Once relegated to the realm of legal must-dos, privacy has transformed into a high-impact business function. In a digital economy fueled by data, how a company manages privacy is more than a compliance issue. It’s a litmus test for customer trust, brand integrity, and strategic agility. For privacy professionals, this moment presents a compelling opportunity to turn your privacy program into a profit-driving powerhouse. The trust dividend: Privacy as a brand builder Consumers are more privacy-savvy than ever. In TrustArc’s recent consumer and professional surveys , 75% of consumers said they’re aware that data brokers can sell their personal data without explicit consent, and 91% believe there should be stricter regulations on how data is collected and sold. Meanwhile, more than half of consumers are “extremely” or “very” concerned about not having control over their personal data. 75% of consumers said they’re aware that data brokers can sell their personal data without explicit consent. This matters because trust isn’t just a warm, fuzzy feeling. It’s a measurable business asset. Companies that are transparent about and offer clear privacy controls gain an edge. In the same surveys, consumers who were aware of how their data was being used were more likely to share accurate, complete information . Better data quality leads to better insights, better personalization, and ultimately better business performance. Market share by way of moral compass Some companies aren’t just meeting the moment, they’re shaping it. Cisco, for example, has positioned itself as a privacy champion through privacy-forward ad campaigns that speak directly to consumer concerns. Citigroup, meanwhile, proudly promotes its high rankings in data security and privacy, sending a clear signal to privacy-conscious customers that their trust is taken seriously. These aren’t just PR plays; they’re strategic decisions tied to a larger trend. 2024 TrustArc Global Privacy Benchmarks Report clarifies, brand trust has now surpassed compliance as the top driver of privacy investments. That shift reflects a more profound truth: in today’s market, consumers are buying principles, not products. And privacy is quickly becoming one of the most valuable principles a brand can offer. So what does that mean for you? Market share isn’t just about features or pricing. It’s about values. Privacy is the new product feature consumers are looking for. A strong not only retains loyal customers but actively attracts new ones, especially in industries like Innovation, not obligation: Reframing compliance Let’s face it: compliance doesn’t have a reputation for sparking innovation. But it should. The smartest organizations treat privacy regulations not as limitations but as design constraints that force better, leaner, and more thoughtful systems. Take the example of privacy-enhancing technologies (PETs) like anonymization, pseudonymization , and differential privacy. These tools allow companies to extract value from data without compromising individual privacy. 2024 IAPP Privacy Governance Report , 77% of organizations are now actively working on AI governance, with privacy leaders taking on expanded responsibilities in areas like data ethics and cybersecurity. Embedding privacy into innovation pipelines ensures that products are built responsibly from the ground up and that risk is managed before it becomes a headline. How to turn compliance into competitive edge To go beyond baseline compliance and transform it into a business advantage, executives need a strategy built on three pillars: integration, differentiation, and communication. : Embed privacy directly into your business strategy and product lifecycle. Collaborate early with privacy, engineering, and product teams to adopt privacy-by-design principles . Bake privacy considerations into every feature, process, and data workflow. : Use your privacy posture to stand out. Offer user-friendly , invest in data minimization practices, and make privacy-enhancing services part of your value proposition. Highlight certifications to build credibility. : Communicate your privacy commitments clearly across all touchpoints (on your website, in your marketing, and through your frontline teams). Publish transparency reports. Empower customers with tools to manage their own data. When people understand how you protect them, they reward you with loyalty. Organizations that follow these steps exceed expectations. They reduce friction in sales cycles, improve brand perception, and build resilient trust in times of crisis. Proactive privacy pays: ROI in dollars and decisions The ROI of privacy isn’t hypothetical. Organizations that invest in robust privacy programs see tangible returns: Fewer breaches, fines, and costly PR disasters. Streamlined data management reduces redundancies and overhead. Higher-quality data from trusted consumers leads to smarter insights. Privacy-conscious customers are willing to pay more and stay longer. The Forrester Total Economic Impact™ study of TrustArc found that organizations using TrustArc’s platform achieved a 126% ROI over three years and a net present value of $2.08 million. These gains included: from reducing the time and effort required to meet privacy law compliance. by streamlining audit and compliance proof processes. Over $3 million in avoided costs tied to privacy incidents. Companies also reported that TrustArc enabled global access to privacy management and allowed for customized governance and risk assessment frameworks, proving that smart privacy investments pay dividends in flexibility and finance. And if you’re still not convinced? Companies that use purpose-built privacy solutions score as much as than those relying on traditional GRC or manual tools. Trust opens doors: Partnerships and global expansion Strong privacy practices don’t just win customers—they win partners. In heavily regulated sectors or countries with strict privacy laws (looking at you, ), having robust privacy frameworks like can be the difference between closing a deal and being disqualified. Privacy maturity enables cross-border data transfers, eases procurement with enterprise buyers, and builds the kind of reputational capital that gets you invited into high-stakes conversations. It’s more than compliance; it’s competitive positioning. Show your work: Demonstrating accountability Executives and regulators want proof that your privacy program isn’t just performative. That means: Organizations that embed privacy into risk assessments and strategic decisions in compliance and fewer budget-related setbacks. Privacy pros: Your time is now Privacy isn’t an afterthought; it’s a forward-looking strategy. In a world of AI acceleration, geopolitical instability, and increasing regulation, organizations need to do more than just check a box for compliance. They need privacy leadership. Privacy professionals are uniquely positioned to champion digital trust, guide responsible innovation, and unlock new revenue streams. The privacy program you build today could be the reason your company wins tomorrow. Ready to reframe your privacy program from cost center to strategic advantage? Mapping your privacy efforts to measurable business outcomes Making privacy a pillar of product and partnership development Investing in automation and frameworks that scale Privacy isn’t just the right thing to do. It’s the smart thing to do. And for organizations ready to lead with trust, it might just be the most profitable move they make. Compliance: Automated and Amplified. Ditch the spreadsheets. Automate compliance across 140+ global regulations with pre-mapped controls that cut costs and busywork. PrivacyCentral helps you prove compliance and scale it. Know Your Data. Lower Your Risk. Quickly map personal data flows, flag risk, and generate audit-ready reports with zero guesswork. Data Mapping & Risk Manager makes smarter governance second nature. ==================================================================================================== URL: https://trustarc.com/resource/strategic-privacy-cybersecurity-incident-response/ TITLE: Stronger Together: The Strategic Alignment of Data Privacy, Cybersecurity, and Incident Response | TrustArc TYPE: resource --- “In a world where data breaches make headlines and regulators are sharpening their swords, one alliance stands between chaos and control: data privacy and cybersecurity.” Okay, maybe it’s not the next summer blockbuster. But for privacy, compliance, security, and tech professionals, understanding how these disciplines intersect is essential for survival. convergence of data privacy, cybersecurity , and incident response isn’t just a trend; it’s a tectonic shift in how organizations defend their digital assets, protect personal data, and prove regulatory compliance. Like peanut butter and jelly—or firewalls and encryption—these functions are better together. The data privacy-security partnership: A symbiotic (and strategic) relationship Picture this: cybersecurity is the plumbing—the pipes and valves that transport and protect data. Data privacy is the quality control—governing what flows through those pipes, who can access it, and why. Cybersecurity needs to know what’s flowing through its pipes to determine the appropriate level of reinforcement. Data collection, governance, and minimization (e.g., data subject access) Purpose limitations and user consent Cybersecurity focuses on: Preventing unauthorized access Detecting and responding to threats Ensuring data integrity and availability Together, they protect the of data handling. In the words of Gerald Beuchelt, CISO at Acronis: “Security isn’t just technology. It’s people, process, and tech. Without alignment, both privacy and security programs fall flat.” Common threat vectors: The usual suspects (plus AI) 2024 Verizon Data Breach Investigations Report , these are the threat vectors keeping CISOs and CPOs up at night: Cheap to launch, disruptive, and a favorite first act for attackers. Ransomware, malware, and advanced persistent threats (APTs) are complex attacks with costly consequences. AI-enhanced phishing, deepfake audio impersonations, and manipulated trust-based relationships (yes, even via dating apps) are rising. And don’t get too cozy thinking your industry is safe. Attackers don’t discriminate. If there’s value behind the data, whether it’s health, financial, or intellectual property, it’s a target. Data privacy and security strategy: More than box-checking Many companies treat privacy and security like taxes: necessary, begrudged, and only revisited annually. However, modern regulatory frameworks (e.g., ) demand more. They require continuous, demonstrable effort through ongoing assessments, real-time risk management, and well-documented incident response plans. To quote the GDPR doctrine: “Accountability is not a moment in time—it’s a mindset.” Here’s how to build a strategy that stands up to threats and scrutiny alike: Map your organization’s data inflows and outflows. Understand what data you have, where it lives, who has access, and how it’s shared. This is foundational for both compliance and protection. Implement layered defenses: Authentication and encryption Endpoint protection and network segmentation Continuous monitoring and logging SEC’s updated Regulation S-P in the U.S. require security measures that are reasonable—AND provable. AI usage, incident response, third-party assessments—if it’s not documented, it didn’t happen. Regulators now expect detailed audit trails. For AI specifically, the U.S. Executive Order 14117 demand transparency about training data and model design. Want the full story on EO 14117? Executive Order is reshaping sensitive data governance, AI risk management, and national security compliance. You don’t want to pull the plug on a major AI project because cybersecurity wasn’t looped in early. Incident response: Plan now or panic later If you’ve ever lived through a cyberattack, you know the worst time to build a response plan is while under attack. You’ve got 72 hours (or less) to disclose a breach under GDPR, and regulators like the FTC and SEC are enforcing that window with vigor. What a modern response plan needs: with privacy, security, legal, PR, and executives Defined escalation paths and decision rights Pre-drafted internal and external messaging Clear logs of who did what and when Dave Coogan of Paul Hastings put it bluntly: “You won’t have time to plan. Everyone will want a piece of you. Be ready.” AI: Your new friend? Or your biggest risk? is a double-edged sword: enabling new capabilities while introducing massive new risks. From hallucinated data to shadow model training, the threats are as novel as they are nebulous. To strike the right balance, consider the following for responsible : Test for bias, accuracy, and security before deployment : Use controls to avoid misuse : Be transparent about what your models do and why Expect increased scrutiny and be ready to explain your work. Regulators now want to understand not just what your AI does, but how it works, why it functions that way, and whose data was used to train it. Harmonization is a myth. Resilience is your goal. Data privacy laws are no longer niche or regional. They’re global and growing fast. As of early 2025, more than 160 countries enacted privacy and data protection laws, according to the United Nations Conference on Trade and Development (UNCTAD) . This surge in legislation reflects a collective recognition: personal data is a high-value asset and a high-stakes liability. But with each new law comes a new set of expectations, frameworks, and reporting requirements. The result? A tangled regulatory web that privacy and security teams must continuously navigate. PrivacyCentral helps privacy leaders automate global compliance, manage risk, and prove accountability —without losing sleep or weekends. For multinational organizations, the average cost of maintaining compliance with global privacy laws has soared past $1.2 million per year according to the Cisco Data Privacy Benchmark Study . And that figure doesn’t include the cost of noncompliance, which can escalate quickly into the tens or hundreds of millions. In this environment, harmonization remains more hope than reality. Organizations must juggle overlapping, sometimes conflicting, requirements across jurisdictions, including: HIPAA and FTC rules (U.S.) … the acronym alphabet never ends In this fractured environment, the best approach is proactive, holistic, and documented resilience. Not reactive checkbox compliance. Privacy + security = power Let’s be real: no single department can shoulder this burden. Privacy and cybersecurity must work . Integrated, not siloed. This means: Speaking a common language Sharing threat intelligence and breach response plans Being aligned on risk appetite and regulatory obligations “if it can be monetized, it will be stolen,” this partnership isn’t optional—it’s your organization’s digital lifeline. Final word? If you think “it won’t happen to us,” it already has. And if privacy and cybersecurity aren’t holding hands in your organization, they’re probably pointing fingers. Now go forth. Patch your systems. Map your data. And maybe—just maybe—call your CISO for lunch. Total Visibility. Trusted Control. Uncover hidden data risks with dynamic mapping. Automate data discovery, generate real-time ROPAs, and assess risk across vendors, systems, and geographies—all from a single platform. Tame AI risk before it runs wild. Build transparency, accountability, and compliance into your AI workflows—from model development to deployment. Be audit-ready, risk-aware, and always in control. ==================================================================================================== URL: https://trustarc.com/resource/anonymization-vs-pseudonymization/ TITLE: Anonymization vs. Pseudonymization: How to Protect Data Without Losing Sleep (or Compliance) | TrustArc TYPE: resource --- In a world where data is the new oil and breaches are the new black, privacy professionals face a double-edged sword: how do you harness the power of personal data without putting your organization or customers at risk? Enter two techniques that sound like they belong at a cryptographer’s cocktail party: These data protection tools are pivotal in helping companies navigate , and other evolving privacy frameworks. Let’s dive into what they are, why they matter, and how to use them in the wild. Understanding the techniques Anonymization irreversibly transforms personal data so individuals can no longer be identified directly or indirectly. Once data is truly anonymized, it’s no longer considered “personal data” under laws like the GDPR. Think of it as permanently putting your data into the Witness Protection Program. Although anonymous data is typically not subject to data protection laws, it may still be subject to other laws. e.g., the UK’s Privacy and Electronic Communications Regulations 2003 (PECR). Also, the act of anonymizing the data is still considered “processing”, so while the end result data may not be covered, the act of anonymizing it is covered. Common techniques include: Removing direct identifiers (names, emails, phone numbers). Aggregating or generalizing values (replacing birth date with age range). Suppressing or masking specific data points. Advanced techniques like k-anonymity, data swapping, and Barnardisation. Anonymized data is ideal for statistical analysis, trend spotting, and product development. But it’s a one-way ticket. Once done, there’s no going back. Pseudonymization replaces identifiable information with pseudonyms, such as hashed values or random strings, while keeping the door slightly ajar. The data can be traced back, but only with a separate key. Common techniques include: Tokenization (substituting identifiers with a token) Hashing with salt (for added security) Encryption (with separate key storage) This technique shines in contexts where data may need to be reconnected to individuals, such as research, audits, or secure internal processing. Anonymization vs. pseudonymization: Spot the difference If anonymization is the data equivalent of deleting your ex’s number, pseudonymization is just renaming them in your phone as “Do Not Text.” Yes, with additional information Not considered personal data Public datasets, trend analysis Research, internal analytics Regulatory guidance: What the experts say The GDPR sets the bar high and deep regarding regulatory clarity. Anonymization and pseudonymization are both acknowledged, but they have distinct legal implications. Recital 26 of the GDPR establishes that truly anonymized data falls outside its scope because individuals cannot be identified by any reasonably likely means. Anonymization must be irreversible, and organizations must demonstrate that no re-identification is possible. Article 4(5) defines pseudonymization as processing data in a way that it can no longer be attributed to a specific data subject without additional information—provided that information is kept separately and securely. Meanwhile, Article 32 lists pseudonymization as a recommended security measure, and Article 25 reinforces its role in privacy by design and default. In other words, this is foundational, not optional. European Data Protection Board (EDPB) builds on these principles , highlighting that effective pseudonymization requires more than a clever algorithm. It demands the separation of keys and data, continuous evaluation of re-identification risks, and a robust technical and organizational framework. The UK’s Information Commissioner’s Office (ICO) echoes these sentiments , emphasizing statistical disclosure control, minimizing linkability, and the need for comprehensive impact assessments. the Future of Privacy Forum International Association of Privacy Professionals (IAPP) advocate layered approaches: combining tokenization, masking, and aggregation for a defense-in-depth strategy. This convergence of regulatory and expert insight underscores one truth: anonymization and pseudonymization are not just technical tasks. They’re strategic imperatives. Knowing when to anonymize or pseudonymize can feel like choosing between a vault and a safe room. Both protect what’s inside, but the degree and method of protection differ. You’re publishing open datasets for public use or transparency There’s no operational need to re-identify individuals You want to eliminate legal obligations tied to personal data processing Use pseudonymization when: You need reversible identifiers for future linkage, for example, in medical research or internal audits The data will be accessed by multiple systems or shared between departments You’re mitigating risks during international data transfers as a GDPR-compliant safeguard In short, anonymize for independence and pseudonymize for control. HIPAA and the healthcare de-identification dilemma If you think anonymizing personal data is tough, try doing it with health records. The stakes are higher, the rules are tighter, and the data is often more complex. Under the Health Insurance Portability and Accountability Act (HIPAA) , anonymization (called “de-identification” in regulatory speak) is a primary tool for protecting patient privacy. But don’t be fooled by the terminology. De-identification under HIPAA is more science than semantics. HIPAA offers two sanctioned routes to the promised land of de-identified data: 1. The Safe Harbor Method This is the regulatory equivalent of a recipe. Follow the ingredients precisely and you’re in the clear. It requires removing 18 specific identifiers, including names, geographic data smaller than a state, all elements of dates directly tied to a person (birthdays, admissions, discharges), contact details, Social Security numbers, biometric data, and any other uniquely identifying codes. The catch? Even after all that scrubbing, the entity must have no actual knowledge that the remaining data could still identify an individual. That’s a pretty high bar when ZIP codes and birthdays can sometimes do the trick. 2. The Expert Determination Method This path trades rigidity for nuance. Instead of rigid rules, organizations can retain more data if a qualified statistical or scientific expert determines that the risk of re-identification is “very small.” It sounds more flexible—and it is—but it also requires a higher standard of proof. The expert’s methodology, risk analysis, and conclusion must all be thoroughly documented. In other words, it’s not a shortcut. It’s a strategic detour. HIPAA in practice: Caution required De-identified health data can be used for research, public health analysis, and operational improvement without requiring consent. But while that sounds liberating, it doesn’t mean the coast is clear. Combine de-identified data with third-party sources, and you could find yourself back in protected health information (PHI) territory without meaning to. That’s why HIPAA de-identification isn’t just about deletion. It’s about . Organizations should bolster technical de-identification with: that clearly prohibit reidentification Controlled access systems that restrict data exposure to validate privacy controls over time HIPAA vs. CCPA: A regulatory rumble While HIPAA governs health data, the California Consumer Privacy Act casts a broader net. And yes, it also loves a good de-identification clause. Under the CCPA, data is considered de-identified if it cannot reasonably identify or be linked to a consumer, provided that technical and organizational measures are in place to keep it that way. If you’ve already met HIPAA’s de-identification standard, you might also be in good shape under the CCPA. But that’s only if you implement additional controls like prohibiting reidentification and preventing accidental disclosure. Bottom line for healthcare privacy pros HIPAA’s de-identification standards are among the most detailed and prescriptive in privacy law. They offer a robust framework but not a get-out-of-jail-free card. De-identification, especially in healthcare, must be approached with a mix of rigor, realism, and regulatory awareness. When in doubt, double down on documentation, layer your safeguards, and remember: the only thing more dangerous than unprotected data is data you think is protected. Perfect privacy? Why anonymization isn’t always anonymous It’s tempting to treat anonymization like a magic eraser. Once you’ve scrubbed away the identifiers, the data is safe, sound, and regulation-free. But the reality is far more nuanced—and far less foolproof. Despite best efforts, truly anonymizing data in a way that withstands scrutiny and sophisticated attacks is becoming increasingly difficult. Advances in data analytics, , and access to massive public datasets have dramatically raised the stakes. Researchers have repeatedly demonstrated how anonymized datasets, ranging from movie rental histories to search queries, can be reidentified when cross-referenced with publicly available data. Indirect identifiers, such as ZIP codes, gender, or date of birth, act like breadcrumbs. Alone, they’re benign. Together, they can lead to a full reidentification feast. What makes this even trickier? The sheer volume of data now floating freely online. Social media profiles, public records, and fitness apps all contribute to an ever-expanding ecosystem of external data that can be used to reverse-engineer supposedly anonymous datasets. Even laws built to protect privacy can sometimes fall short. HIPAA, for example, outlines de-identification standards for health data but excludes certain data types that, in practice, can still compromise anonymity when matched with external sources. Adding to the cautionary chorus, the U.S. Federal Trade Commission (FTC) has emphasized that techniques like hashing (often used in pseudonymization) do not render data anonymous. In its 2024 blog post, the FTC reaffirmed, “No, hashing still doesn’t make your data anonymous,” highlighting how hashed data can be reversed or linked when adversaries have access to the original inputs. This reinforces that de-identified does not mean de-risked and that organizations relying solely on hashing or similar techniques are leaving the privacy door cracked open. Anonymization should be seen as one tool in a broader privacy toolbox—not a silver bullet. It works best with other techniques like pseudonymization, layered access restrictions, and ongoing risk assessments. Anonymization is an important start, but it’s not the finish line in today’s data-rich world. Risks, challenges, and missteps The road to privacy protection is paved with good intentions and, occasionally, with catastrophic mistakes. Missteps in anonymization and pseudonymization have made headlines and left companies exposed, literally and legally. AOL’s infamous 2006 release of search logs . What was intended as a gift to the research community quickly became a cautionary tale. Despite replacing usernames with numeric identifiers, the search queries themselves told personal stories. Journalists and researchers could re-identify individuals based on seemingly harmless data points. This wasn’t just a technical slip; it was a privacy disaster. Or consider the Netflix Prize challenge, where user movie ratings were released for academic competition. Researchers showed that these “de-identified” ratings could be matched with IMDB profiles, revealing identities and even sensitive preferences like political views or sexual orientation. A well-meaning innovation effort turned into a masterclass in how not to anonymize data. Then there’s the Group Insurance Commission in Massachusetts. They scrubbed names and Social Security numbers from hospital visit records before releasing them. However, combinations of ZIP codes, birth dates, and gender allowed for the re-identification of individuals , including the governor. The lesson here? Simply removing direct identifiers isn’t enough. Indirect identifiers (those sneaky data points that seem innocuous on their own) can become powerful re-identification tools when combined with external datasets. Regulators like the ICO and CNIL have clarified that weak pseudonymization disguised as anonymization won’t fly. Making it work: Practical tips So, how do you move from theory to execution? By building a privacy-by-design workflow that treats anonymization and pseudonymization as integral. . Classify what’s personal, what’s sensitive, and what’s mission-critical. You can’t protect what you haven’t mapped. Different datasets require different de-identification techniques. Generalization, suppression, and format-preserving encryption are just a few weapons in your arsenal. For pseudonymization, separate and secure your mapping keys like the crown jewels. A leak here turns your safe data into a ticking liability. Regulators love documentation, and so will you when an audit comes knocking. Track processing activities, risk assessments, and your rationale for choosing each method. Don’t assume your method is foolproof. Conduct re-identification risk assessments and invite adversarial testing to spot weaknesses. Strong data stewardship is a commitment to building resilience, maintaining accountability, and earning the trust that fuels long-term success. Navigating the gray areas of anonymization and pseudonymization In today’s data-driven environment, anonymization and pseudonymization are operational essentials. These techniques are your backstage passes to privacy compliance, letting you manage personal data responsibly while maintaining utility. But no technique is foolproof. Compliance pros must remain vigilant, assess risks in context, and never confuse “de-identified” with “anonymized.” In the game of data privacy, it’s about more than hiding clues. You must make sure no one ever finds them. Ready to level up your data protection game? Start by aligning your privacy strategy with leading standards, leveraging tools like . Stay sharp, stay compliant, and, above all, stay accountable. Research-Backed. Regulator-Ready. for up-to-date laws, practical templates, and expert guidance. Stay informed, stay compliant, and make every decision count. Privacy Management, Streamlined —your command center for privacy operations. Automate tasks, align with laws, and surface insights that keep you one step ahead. ==================================================================================================== URL: https://trustarc.com/resource/data-brokers-impact-data-privacy/ TITLE: Understanding the Work of Data Brokers and Their Impact on Data Privacy | TrustArc TYPE: resource --- Data brokers are organizations that collect large amounts of raw personal information online and offline, analyze it, and then sell it to other companies (e.g., advertisers, financial entities, and insurance providers), who will mostly use it for marketing purposes. This practice may not be as well-known as other privacy topics. Still, it’s almost certain that everyone has had their personal information fall into the hands of a data broker along the data supply chain. Remember when you skimmed through your personal email account and noticed several advertisements from a company you have not done business with trying to pitch an exclusive rewards card to one of your favorite coffee shops, and wondered how the company knows your name and email address? That’s the work of a data broker. The data broker industry is not as new as some people may think, but it creates data protection and privacy concerns, especially when there is a lack of rules regulating this industry. This article will break down what data brokerage entails, highlight key enforcement actions, and explore what legislation and guidance are currently in place. How data brokers collect personal information Data brokers collect all types of personal information ranging from basic information (e.g., name, contact information, email address) to sensitive and intrusive personal information (e.g., gender, income level, geolocation, health data). They have a variety of means to collect personal information, including: Purchase companies, apps, and websites that collect users’ personal information, which is subsequently transferred into their databases; Pay app developers to install their software development kits (SDKs) into the app, so when users install the app into their phone and customize the app’s access permissions, the data broker’s SDK will also gain access to the user’s data. Online agreements and terms of service may state in fine print that the company has the right to collect and share personal information from its users, but these disclosures may not be clear to users. Data brokers will search for personal information from a variety of sources, such as public records, including voter registration, birth certificates, and criminal records, and data from online browsers, internet searches, and users’ interactions with apps or websites. Data brokers may use algorithms to make predictions or draw inferences from seemingly non-personal data or consumers who have never directly shared such information. Postal services may be leveraged to collect information about a person’s address and/or determine if someone changed their address, and the U.S. Census Bureau can be used to gather data about certain demographics of a particular location, income levels, etc. Data brokers can also acquire personal information from various commercial sources, such as retailers, catalog companies, financial services, and other data brokers. How do data brokers impact data privacy? Individuals who enjoy the convenience of receiving personalized ads and services could argue that there is little harm in data brokers collecting and sharing with companies. However, this practice may lead to multi-faceted impacts of mistreatment in other industries. For example, a data broker collects an individual’s personal and geolocation data and infers that they are a car enthusiast and spend their weekend at a race track. A car dealership purchases this information to offer the individual special deals, but an insurance company analyzing that same information might infer that the individual is a reckless driver and may impose a higher insurance rate. Data brokerage can present cybersecurity concerns. Data brokers retain large volumes of personal information, which increases the risk of data being susceptible to a data breach and becoming compromised in the event of a cyberattack on their database. consumers are increasingly aware and fed up. According to new research , 91% of people support stronger regulation of data brokers, and most want clear notification when their data is acquired. Explore the consumer perspective in our companion piece on data broker expectations versus corporate realities The Federal Trade Commission (FTC) has been doubling down on irresponsible data brokerage and has finalized several settlements with companies such as Mobilewalla, Inc. and Avast Limited. On January 14, 2025, the FTC finalized a settlement with Mobilewalla, Inc. after the company collected over 500 million unique consumer identifiers with precise location data that were not anonymized. Mobilewalla failed to remove sensitive location data from the identifiers, making identifying individuals and their visited locations possible. The company also analyzed and created audience segments—for example, targeting pregnant women based on their visits to pregnancy centers—and sold this data to third parties such as advertisers and other data brokers. On June 27, 2024, the FTC also finalized an order , banning the company from selling or licensing data for advertising purposes. Avast falsely claimed their software product blocked tracking cookies, but in reality, they collected and sold consumer browsing data in an identifiable format without notice or consent. What’s being done to regulate data brokerage in the U.S. federally? Two federal legislations curb data brokerage: the final rules from the Department of Justice (DOJ) on Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern of Covered Persons (Final Rules), pursuant to , and the Protecting Americans’ Data from Foreign Adversaries Act. The Final Rules on preventing access to U.S. government-related data and bulk sensitive data Published on December 27, 2024, prohibits or restricts U.S. persons or companies from engaging in covered data transactions that allow a country of concern or covered persons to access government-related or sensitive personal data of specific thresholds. Countries of concern include China, Cuba, Iran, North Korea, Russia, and Venezuela, and covered persons are foreign persons or entities located in or owned by residents of countries of concern if they participate in covered data transactions. Covered data transactions include prohibited transactions and restricted transactions. Specifically, prohibited transactions include: U.S. companies that hold bulk human ‘omic data and engage in data brokerage with covered persons; U.S. persons and companies participating in data brokerage with covered persons that involve the transfer of U.S. government-related data or bulk sensitive personal data; U.S. persons and companies participating in transactions that allow foreign persons (a non-covered person) access to government-related data or bulk sensitive personal data via data brokerage, unless the person or company: Establishes a contractual agreement that obligates the foreign person to refrain from participating in any covered data transaction that involves data brokerage of the same data with a country of concern or covered person; Reports any known or suspected violation of the contractual agreement with the foreign person. The report must contain a prescribed list of material and be filed within 14 days of becoming aware of the violation. Protecting Americans’ Data from Foreign Adversaries Act (PADFA) , in effect since June 23, 2024, prohibits data brokers from selling, licensing, providing access to, or otherwise making available sensitive data of Americans to foreign adversaries or entities controlled by foreign adversaries. Foreign adversaries include China, Iran, North Korea, and Russia. Under PADFA, the FTC has enforcement powers to seek civil penalties of up to $50,120 when a data broker commits a violation. Want to better understand PADFA’s scope, penalties, and compliance strategies? Explore our deep dive into the Protecting Americans’ Data from Foreign Adversaries Act to see how it reshapes privacy expectations for data brokers. What actions are being taken to regulate data brokerage at the state level? Four states have enacted data broker laws: Act Relating to Registration of Business Entities that Qualify as Data Brokers Act Relating to Data Brokers and Consumer Protection Registration requirements An essential requirement for data brokers doing business in any of the four states is to register their name and contact information, disclose their practices with the competent authority, and pay a required fee. However, each state’s requirements contain some nuances: Oregon and Texas specify a renewal process for data brokers to renew their registration once it expires, which must be accompanied by a renewal fee; Oregon and Vermont require data brokers to, if they provide individuals the option to opt out of the collection (or, only applicable to Oregon, the collection, sales, and licensing) of their brokered personal data/information, disclose information about which of their activities of collection or sales does the opt-out function apply; Texas and Vermont require data brokers to provide a statement about whether or not they implement a purchaser credentialing process, the number of security breaches experienced during the prior year and the total number of consumers affected, and its data collection and sales practices and opt-out policies applicable to minors/known children, if they process data of a known minor/child; California requires data brokers to provide a link to their website that provides information about how consumers may exercise their privacy rights and disclose whether and to what extent data brokers and their subsidiaries are regulated by specific laws (e.g., the federal Fair Credit Reporting Act). Unique data broker requirements California’s CPPA will develop a deletion mechanism that enables consumers to request every data broker to delete their data via a single request. Starting on August 1, 2026, all data brokers and their processors must access the mechanism and comply with all deletion requests within 45 days. Additionally, by July 1 following each calendar year, data brokers must report on and record the average time taken to consumer rights requests, the number of requests received, complied with or denied, and the number of requests denied in whole or in part due to certain reasons; Oregon’s law establishes an exception to its registration requirement, providing that a data broker may collect, sell, or license brokered personal data without registering only if certain conditions are met (e.g., data collection, sales, or licensing involves only providing publicly available information); Texas requires data brokers who maintain an Internet website or mobile application to display a conspicuous notice on their website/application, disclosing that a data broker maintains the platform; Vermont prohibits data brokers from obtaining brokered personal data through fraudulent means for the purposes of stalking someone, committing a fraud, or participating in discriminatory activities; Texas and Vermont require data brokers to develop a comprehensive information security program and implement computer system security measures to safeguard all records that contain personal data. How are data brokers being regulated in Europe? Europe does not have a specific law regulating the data broker industry, but the GDPR still applies because data brokerage involves processing individuals’ personal data. For example, to demonstrate GDPR compliance, data brokers should send affected data subjects a notification email informing them that their personal data was obtained from a source other than the data subject themselves. The email should include instructions and tools for opting out of the data broker’s database. United Kingdom’s Information Commissioner’s Office Lithuania’s Data Protection Inspectorate published guidance on responsible data brokerage, advising on what to assess to ensure data brokers demonstrate lawful practice. Key things to consider before working with data brokers Simply accepting a data broker’s claim that the personal data they supply complies with relevant laws is not enough; Research if there are specific laws or rules applicable to certain industries and jurisdictions that regulate the use of data brokers; Consult with data protection authorities or experts for advice and best practices before working with data brokers; Conduct due diligence on potential data brokers to ensure their data collection and selling practices are legal, for example: Confirm that consumers were informed about what they consented to and notified when their data was sold to third parties; Ensure they cross-check collected data against opt-out lists; Verify how they handle consumer rights requests. Clearly inform consumers that their data was obtained from data brokers. Verify that there is a legal basis for processing brokered personal data. Using a data broker and including a contractual clause for compliance with data protection laws does not excuse the data controller’s own responsibilities. Be ready to comply with new laws and regulations Irresponsible data brokerage can be a hidden issue that could bubble up and result in significant non-compliance with relevant laws. Careful considerations about where and how personal data are collected must be made throughout the data processing lifecycle. Data brokerage is a growing industry that involves many nuances. Privacy Intelligence, On Demand Stay ahead of the curve with instant access to global laws, legal analyses, and ready-to-use templates—powered by Nymity Research. Seamless Consent, Smarter Preferences Take the hassle out of consent management. Collect, track, and honor user preferences across brands, regions, and channels while staying ahead of evolving privacy regulations. ==================================================================================================== URL: https://trustarc.com/resource/faqs-eu-cloud-code-of-conduct/ TITLE: FAQs About the EU Cloud Code of Conduct | TrustArc TYPE: resource --- The EU Data Protection Code of Conduct for Cloud Service Providers (known by its abbreviated name EU Cloud Code of Conduct) sets out clear requirements and recommends procedures to raise data protection in cloud services based on GDPR. helps cloud service providers demonstrate compliance with all the requirements of the GDPR, as well as an extensive range of data security demands. The EU Cloud Code of Conduct was approved by the Belgian Data Protection Authority, following a positive opinion of the EDPB, on 20 May 2021. 6 frequently asked questions and answers about the EU Cloud Code of Conduct What is the scope of the EU Cloud Code of Conduct? The EU Cloud Code of Conduct is a self-regulation instrument that makes it easier to demonstrate compliance with the EU GDPR. It translates the legal requirements of the Regulation into operational controls that organizations can implement. The Code covers all aspects of the GDPR, from individual rights to data security, and also includes a governance section that is designed to support the effective and transparent implementation, management, and evolution of the Code. The intention of the EU Cloud Code of Conduct is to make it easier for cloud customers (particularly small and medium enterprises and public entities) to determine whether certain cloud services are appropriate for their designated purpose. In addition, the transparency created by the Code will contribute to an environment of trust and create a high default level of data protection in the European cloud computing market. Who does the EU Cloud Code of Conduct apply to? The Code applies to all Cloud Service Providers (CSPs) that have completed a declaration of adherence to the Code of Conduct, and have submitted themselves to the oversight of an independent monitoring body. It covers the full spectrum of cloud services: software (SaaS) and platform (PaaS) as well as infrastructure (IaaS). What does this mean for international data transfers? Nothing at this time. The Code has not yet been approved as an instrument to facilitate international transfers. However, the General Assembly of the EU Cloud Code of Conduct has tasked a working group with the creation of a so-called third country module, that could create the legal basis for international transfers from the EU to a non-EU CSP. The third country module will be drafted in such a way that it meets the ‘essential equivalence’ test as explained by the Court of Justice of the European Union in the Schrems-II decision That means it will also include an overview of so-called supplementary measures that can be adopted to make up for a lack of legislative safeguards in a third country of destination. Given that these supplementary measures are subject to approval by the European Data Protection Board, once approved the third country module will become a safe way to transfer personal data from the EU TrustArc is a member of the working group preparing this module. What companies are adherent to the EU Cloud Code of Conduct? The full overview of companies currently adhering to the Code is available in a . TrustArc is in the process of finalizing its declaration of adherence and will be added to the register in the coming weeks. What are the benefits to adherence? Adherence to the Code shows that organizations take the implementation of a privacy and security management program seriously. It provides for an independent verification of the controls put in place that should offer trust to organizations doing business with a certain CSP. In addition, organizations can rely on the fact that the data practices of a CSP will be monitored on an ongoing basis. How is adherence demonstrated? For every control, the CSP will need to demonstrate how they have implemented the requirements within their organization and/or cloud service. The required evidence, which could for example include all kinds of policies and procedures in use in the organization, should be submitted to the monitoring body for review. The monitoring body will assess the information provided by each CSP. For each service that is being declared adherent, the monitoring body will confirm that the information provided is complete and relevant. It will also request additional documentation and samples which underpin the effective implementation of the measures mentioned within the explanation. Once the initial assessment is successfully completed and adherence to the Code is confirmed, subsequent assessments will take place on an annual basis, as well as ad hoc, should there be a complaint, a suspicion of non-compliance or if the cloud service itself changes. Want a deeper dive into managing complex privacy obligations in the cloud? Managing Privacy Compliance in the Cloud , for expert strategies on navigating regulatory requirements, building trust, and maintaining compliance across global jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/demonstrate-gdpr-compliance/ TITLE: Effectively Demonstrate GDPR Compliance to your Stakeholders | TrustArc TYPE: resource --- GDPR compliance is a challenge for organizations of all sizes The EU’s General Data Protection Regulation (GDPR) has been enforceable since 25 May 2018. In recent years, we’ve seen an increase in prosecutions following large data breaches and other non-compliance activities. biggest technology companies in the world have already been charged in several jurisdictions with non-compliance to GDPR, including: (fined US$866 million in July 2021) (fined US$255 million in August 2021) Ireland (fined US$102 million in January 2022) and Google LLC (fined US$56.6 million in 2019 and another US$68 million in January 2022) (fined US$68 million in January 2022). Understandably, these tech giants are big targets for GDPR-compliance scrutiny, though they also have huge resources for managing their response and recovery following a breach. Still, all organizations, regardless of size, find it challenging to prove GDPR and other data privacy law compliance. invested huge amounts of time and resources in designing and implementing Documenting a data privacy program often generates hundreds or thousands of pages of information related to internal data security and privacy policies and processes. And reports on implementation of these policies across the organization including Article 30 records and Article 35 data protection impact assessment (DPIA) reports. Therefore, demonstrating data privacy compliance to internal and external stakeholders can be equally challenging. Most stakeholders will want an overview of your organization’s cybersecurity policies to confirm the essential rules for compliance are in place. Though, more importantly, they will want some proof of how these policies are carried out in day-to-day business practices – and of course they will want to know about how any incidents are managed. Adding traceability to the classic ‘CIA triad’ foundations Before GDPR, cybersecurity policies were often designed with the ‘CIA triad’, a model with three key foundations: Securing private information and preventing unauthorized access. Privacy rules for managing and protecting sensitive and/or secret information are built on this foundation. They include procedures for controlling access, such as multi-factor authentication, and processes for managing and updating permissions. Keeping data intact (unchanged) throughout its lifecycle so it is truly Data processing and access rules to ensure information cannot be changed or compromised by unauthorized parties are built on this foundation. They include practices for keeping employees and stakeholders up to date with data regulations, safeguards to prevent human error, and policies for integrity controls (versions, access, security) and backups/recovery. reliably and quickly available Storage rules, including maintenance policies for hardware and other technologies used to manage and display data, are built on this foundation. They include policies for business continuity, including rules for how systems are monitored, updated and recovered (redundancy and failover). (Note: the CIA triad model is sometimes referred to as the AIC triad so that people don’t mistake it as a reference to the US Central Intelligence Agency.) Since the introduction of the GDPR many cybersecurity professionals have also added another foundation: Maintaining records of all data processing activities, which must be readily available for audit (Article 30 of the GDPR). Recording keeping rules to ensure information is accurate and up to date are built on this foundation. These records must contain information on the responsible parties (controllers, processors and data protection officers); categories of data subjects and the categories of personal data; categories of recipients of personal data; planned time limits for erasure of different data categories; and descriptions of technical and organizational security measures. Traceability is an important consideration for all organizations under GDPR as accurate and current records are essential for any compliance audit. , it can be very difficult to prove adherence to the core principle of GDPR that ‘the protection of natural persons in relation to the processing of personal data is a fundamental right’. Giving individuals in the EU more rights to access, delete and/or control the use of data relating to them. Choosing a reliable approach to GDPR compliance Some companies are pursuing an ISO / IEC 27001 certification (which is designed to map against the ‘CIA triad’) to show GDPR compliance. However, the ISO 27001 security standard represents only a partial fit for coverage against the requirements of the GDPR. There are several other avenues organizations might consider: Codes of conduct and/or certifications – although the GDPR text refers to opportunities for these avenues, to date no official GDPR codes of conduct or certifications have been issued. EU-US Privacy Shield Verification APEC Cross-Border Privacy Rules (CBPR) certification – these certifications share some significant overlaps on privacy objectives and controls, but they do not represent complete solutions. However, they can help lay the foundation for a company to later qualify for the official GDPR certification when it becomes available. – in the absence of an official GDPR certification, organizations looking for efficient ways to benchmark and report on their compliance are engaging independent experts to give weight to their efforts now. These external validations can help show customers, business partners and other stakeholders how an organization is meeting GDPR requirements. is designed to meet that need. The TrustArc GDPR Validation requirements are mapped to each applicable Article of the GDPR, Article 29 Working Party / EDPB guidelines, ISO 27001 and other relevant standards. Organizations choosing our GDPR Validation can demonstrate their GDPR compliance efforts and status using intelligent technology-powered assessments, managed services and independent compliance validation. The solution is powered by the Assessment Manager module of the TrustArc Platform to simplify multiple processes including: Identifying policy and implementation gaps Reviewing remediation recommendations Assigning tasks, recording the audit trail of changes and generating reports. from TrustArc GDPR Validation to independently validate GDPR compliance with an assessment of your organization’s privacy program and/or assessment of specific processes or technologies. Guide to Addressing GDPR Consent Requirements Understand the impact of the GDPR consent requirements on business operations. Essential Guide to the GDPR Practical steps to manage the EU General Data Protection Regulation, including a compliance roadmap for implementation. ==================================================================================================== URL: https://trustarc.com/resource/colorado-ai-act-obligations/ TITLE: Colorado AI Act: New Obligations for High-Risk AI Systems | TrustArc TYPE: resource --- As the use of AI grows in sectors such as , healthcare, and education, the potential for algorithmic discrimination has increased. With this growth comes the responsibility to ensure that these technologies operate in a fair and equitable manner. One of the laws designed to accomplish this is the Colorado AI Act, which aims to protect consumers from algorithmic discrimination, particularly when used in consequential decision-making, and outlines the obligations of developers and deployers of high-risk AI systems. The emphasizes the importance of mitigating these risks, especially when decisions made by AI can significantly impact someone’s life, such as in hiring processes, loan approvals, or access to essential services. Central to the Colorado AI Act are the concepts of algorithmic discrimination and consequential decisions. Algorithmic discrimination occurs when an AI system leads to unjust or illegal treatment of individuals or groups based on various characteristics such as age, race, gender, or disability. , on the other hand, refer to decisions that have a material legal or similarly significant effect on the denial or provision of services and opportunities to consumers, such as access to education and employment opportunities, housing, healthcare, financial insurance, government, or legal services. How to ensure compliance with the Colorado AI Act? The Colorado AI Act will become effective on February 1, 2026, and organizations must align their practices with the principles contained in the Act by this date to avoid engaging in unfair or deceptive trade practices. Both developers and deployers have a duty to take reasonable care to protect consumers from algorithmic discrimination arising from the intended or contracted use of the high-risk AI system. To this end, deployers and developers must comply with disclosure and notification requirements, and an impact assessment must be conducted where required. What are the transparency and notification requirements? Documentation to be provided to deployers Developers of a high-risk AI system are required to provide deployers of the system with the following: a general statement describing the expected uses and potential harmful or inappropriate uses of the high-risk artificial intelligence system; documentation disclosing high level summaries of the training data, known or foreseeable risks and benefits; documentation describing how the AI system was evaluated and the data governance measures implemented; documentation describing the intended use cases of the system, its foreseeable limitations, and the technical implications of the system; other relevant documents and information required for deployers and third parties of deployers to conduct an impact assessment of the high-risk AI system as required. Website/ public statements Developers must provide on their website or a public database, a statement by February 1st, 2026 on the type of high-risk artificial system made available to a deployer or other developers; and how known or reasonably foreseeable algorithms risk are managed. Developers must also update the statement no later than ninety days after modifying the AI system. Deployers must provide on their website, a statement by February 1st, 2026, on: the types of high-risk artificial intelligence systems that are currently deployed by the deployer; how known or reasonably foreseeable algorithms risk are managed; and the nature, source and extent of information collected or used by the deployer. Disclose foreseeable risk Developers must disclose foreseeable risks to the Attorney General, deployers and other developers within 90 days of: ongoing testing and analysis that the AI system has caused or is likely to have caused algorithmic discrimination; or receiving a credible report from a deployer that the AI system was deployed and caused algorithmic discrimination. Deployers of high-risk AI systems must implement a risk management policy that incorporates risk management principles of algorithm risk and keep it updated. Notification of deployment Deployers must notify consumers upon deploying a high-risk artificial intelligence system that makes, or is a substantial factor in making a consequential decision, before the decision is made. They must also provide a statement on: the nature and purpose of the consequential decision. contact details of the deployer. how to access the disclosure statement; and their right to opt out of profiling for decisions that could further impact on them. Where a substantial decision is made using the AI system, deployers must provide a statement in plain accessible language and format disclosing the principal reason or reasons for the consequential decision how the AI system contributed to it, the type and source of data used in the AI system, the opportunity to correct the data if it is inaccurate, and the ability to appeal the decision, including by requesting a human review. Cooperating with the Attorney General Upon request from the Attorney General, developers must disclose the following documentation within 90 days: high-level summaries of the type of data used to train the high-risk AI system; foreseeable limitations of the system (e.g., risk of algorithmic discrimination); and the purpose of the system, the intended benefits, and uses cases. Deployers and/or third parties of deployers must submit completed impact assessments to the Attorney General upon request. Who must conduct an impact assessment? Deployers must conduct an impact assessment by February 1, 2026, and thereafter at least annually and within 90 days after any modification to the AI system has been made available. Organizations may use a single impact assessment to address comparable high-risk systems or leverage impact assessments conducted under other laws. This impact assessment must be retained for 3 years and reviewed annually to mitigate against risk of algorithmic discrimination. Ongoing monitoring and audits Developers must implement an ongoing monitoring and auditing process and conduct testing and analysis to determine whether the AI system has resulted in, or is likely to result in, algorithmic discrimination. Are certain organizations exempt from these requirements? Deployers with fewer than 50 employees throughout the period of deployment are exempt from the requirements to publish a website statement, conduct an impact assessment and implement a risk management policy if the following conditions have been met: continuous learning is not based on the deployer’s data; and the deployer has provided the consumer with the developer’s impact statement and the impact statement includes the information the deployer would have included if it had conducted an impact assessment. Where a developer is also the deployer of a high risk AI system, they are not required to generate the documentation required for deployers unless the high-risk AI system is provided to an unaffiliated entity acting as a deployer. How will the Colorado AI Act be enforced? The Attorney General of Colorado has the standing to enforce the Colorado AI Act. Violations of the Act are unfair trade practice pursuant to Colorado Consumer Protection Act (§§ 6-1-101 — 6-1-1707) and there is no private right of action. Being found guilty of unfair trade practices opens organizations to punitive measures including a maximum of $20,000 civil penalty per violation , and injunctive relief against the offending practices. What defences are open to organizations accused of violating the Act? Self directed curing measures Discovering a violation as a result of monitoring, testing or an internal review and curing it, is an affirmative defense if the deployer or developer was in compliance with the latest version of NIST AI Risk Management Framework and ISO/IEC 42001 or any other national or international framework that is substantially similar to the Colorado AI Act or any framework designated and disseminated by the Attorney General. There is also a rebuttable presumption that a developer used reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination if they complied with all the requirements under the Colorado AI Act. What’s next for the Colorado AI Act? Artificial Intelligence Impact Task Force , and tasked them with considering issues and proposing recommendations regarding protections for consumers and workers from artificial intelligence (AI) systems and automated detections systems (ADS). In their report, the task force identified a number of potential areas where the Colorado AI Act could be clarified, refined, and otherwise improved including: defining the types of decisions that qualify as consequential decisions; reviewing the definitions of key terms such as algorithmic discrimination, substantial factor, and intentional and substantial modification; and whether a more stringent standard is necessary beyond a basic duty of care. The task force has also recommended further discussions on potential changes to the law. And Colorado’s not alone. Utah has already passed a generative AI law that’s raising the bar for transparency, disclosure, and regulatory sandboxes. If you’re building or deploying AI, it’s worth seeing how the Utah AI Policy Act is setting the tone for what’s next in state-level AI governance. Explore the Utah AI Policy Act Smarter Research. Faster Answers. Cut through the noise with instant access to expert-curated legal summaries, operational templates, and the latest global privacy regulations all in one place. AI Risk, Managed with Precision. Tame AI complexity with a unified solution for managing regulatory risk, governance, and compliance across privacy and AI laws without the extra lift. ==================================================================================================== URL: https://trustarc.com/resource/gdpr-compliance-7-principles-of-gdpr/ TITLE: GDPR Compliance: 7 Principles of GDPR | TrustArc TYPE: resource --- Unlocking GDPR compliance: Mastering seven principles of GDPR High-profile data breaches and growing privacy concerns have led to stringent data protection laws worldwide. And the General Data Protection Regulation (GDPR) stands as the gold standard. The GDPR establishes rules that not only apply to organizations within the EU but also to those outside the EU that process the personal data of EU citizens. This extra-territorial scope forces compliance from global entities, making GDPR a truly international framework. But GDPR compliance isn’t just about dodging fines —it’s about building trust, securing your reputation, and embedding data privacy into your company’s DNA. At the heart of GDPR are that every organization handling personal data must understand and implement. Principle 1: Lawfulness, fairness, and transparency The cornerstone of GDPR, this principle ensures that personal data is handled lawfully, fairly, and transparently. It’s about having a legitimate reason for data processing and being upfront with individuals about how their data is being used. Under GDPR, there are several legal grounds for processing personal data, including consent, performance of a contract, legal obligations, vital interests, public tasks, and legitimate interests. Imagine a scenario where users eagerly sign up for your service, confident that their data is in safe hands. To uphold this trust, ensure you have a clear legal basis for processing their data. While obtaining informed consent is one approach, it’s not the only one. For instance, processing might be necessary to fulfill a contract with the user, or it might be required to comply with legal obligations. Whatever the basis, use simple, jargon-free language in your privacy notices so users fully understand how their data will be used. Transparency isn’t just a regulatory checkbox—it’s a trust builder. Principle 2: Purpose limitation This principle emphasizes that data should be collected for specific, legitimate purposes and not be used beyond those intentions. By keeping your data usage purpose-specific, you’re not only complying with GDPR, but also respecting your users’ expectations. Principle 3: Data minimization Only collect the data you truly need—nothing more, nothing less. is all about being lean with your data collection, gathering only what’s essential for your stated purposes. Consider a simple registration form—do you really need a user’s home address when an email will suffice? The less data you collect, the lower your risk in case of a breach. But it’s not just about reducing risk—minimizing the data you collect also lowers your overall compliance burden. Less data means fewer obligations when it comes to storage, access requests, and security measures, which can translate into significant cost savings. Regularly audit your data collection practices to ensure they align with the principle of minimization. Less is more when it comes to data. It keeps your processes efficient, reduces operating costs, and strengthens your compliance. GDPR mandates that personal data be accurate and kept up to date, where necessary. Outdated or incorrect data can lead to mistakes that damage trust and violate privacy rights. Keep your data accurate by empowering users to update their information regularly. For example, offering an easy-to-use online portal where users can edit their details can go a long way. Regularly reviewing and correcting data errors is essential for maintaining the integrity of your database and the trust of your customers. Principle 5: Storage limitation Personal data shouldn’t be kept longer than necessary. Once it has served its purpose, it’s time to securely delete or anonymize it. Implement clear data retention policies to define how long you’ll keep data and when it will be deleted or anonymized. For example, customer data might be stored for a certain period after the relationship ends, but beyond that, it should either be erased or rendered anonymous so that it can no longer be linked to an individual. This practice not only reduces the risk of holding onto outdated or irrelevant data but also aligns with GDPR’s strict guidelines on data retention. Principle 6: Integrity and confidentiality (security) This principle is all about safeguarding personal data with the right security measures to prevent unauthorized access, loss, or damage. Imagine the worst-case scenario—a data breach. Now, think of the measures you could have in place to prevent it – encrypt sensitive information, enforce strong access controls, and conduct regular security audits. By prioritizing security, you protect not just the data but the trust your customers have placed in you. Principle 7: Accountability Accountability ensures that organizations take full responsibility for and can demonstrate their adherence to its principles. This principle is not just about following the rules but also about actively showing that you respect and uphold individuals’ rights under GDPR. To meet this requirement, organizations must document their data processing activities, conduct regular audits, and maintain thorough records of compliance efforts. This includes demonstrating that —such as the right to access, rectify, and erase their data—are respected and fulfilled. For instance, having clear procedures in place to respond to data subject requests within the required time frame is crucial. Accountability means being able to prove that your organization is aware of GDPR obligations and committed to protecting individuals’ data rights. Want to strengthen your proof of compliance? GDPR Accountability Handbook for practical guidance on documenting data processing activities, managing subject rights, and building a defensible, audit-ready privacy program. Navigating GDPR compliance Moving through the maze of GDPR compliance can be daunting, but you don’t have to do it alone. TrustArc is here to support your journey with expert guidance and comprehensive data privacy solutions. Whether you need help implementing the seven GDPR principles or conducting a thorough audit of your current practices, TrustArc has the tools and expertise to ensure your organization remains compliant. Ready to take your data protection to the next level? Learn how to build a robust GDPR-compliant foundation that safeguards your data and builds customer trust. Save time, effort, and costs with timely and digestible legal summaries on 244+ global jurisdictions including the EU. ==================================================================================================== URL: https://trustarc.com/resource/build-privacy-first-culture/ TITLE: How to Build a Privacy-First Culture That Works | TrustArc TYPE: resource --- Privacy pros, take note. Here’s how to transform your organization from privacy-aware to privacy-obsessed (in the best way possible). It’s no secret: the world is watching. From regulators to customers to employees, everyone is becoming more privacy-savvy. And with good reason. Consumer trust and regulatory pressure are at an all-time high, with more than saying they’re concerned about how companies use their data. are now enforcing or drafting privacy regulations. For organizations, this isn’t just a compliance checkbox; it’s a cultural shift. embedding privacy into an organization’s DNA isn’t easy. It takes more than policies and annual training videos. It requires mindset change, strategic alignment, and the kind of consistency that would make your morning routine jealous. build a privacy-first culture Let’s dive into the why, the how, and some fun ideas you probably haven’t tried yet. Why every organization needs a privacy-first culture A privacy-conscious culture is more than a feel-good initiative. It’s a business imperative. When employees make privacy-conscious decisions by default, the organization becomes more resilient, trustworthy, and agile. Here’s what’s at stake without one: Fines are growing. Reputational damage lingers. And under laws like the , ignorance is a liability, not an excuse. Consumers increasingly know how companies are using their data. A sloppy privacy misstep can undo years of brand-building in a single headline. If privacy isn’t understood across roles, it becomes siloed, reactive, and difficult to scale. Privacy is no longer a ‘legal thing.’ It’s a brand promise, a customer expectation, and a core business function. Strategies to build a strong privacy-first culture Let’s move from theory to action. These proven strategies—straight from privacy leaders who’ve been in the trenches—plus a few playful ideas will make the message stick. 1. Get leadership on board (and vocal) You can’t spell “culture” without “C-suite” (okay, you can, but you get the point). When executives speak openly about privacy, it signals that it’s not just compliance; it’s core. Have your CEO kick off all-hands meetings with a Privacy Moment, just like many companies do with safety. A two-minute story or update about privacy sends a powerful message. 2. Align privacy with business objectives Want to get teams to care? Show them how privacy impacts their goals. For marketing, it’s about trust and engagement. For security, it’s risk reduction. For HR, it’s employee confidence. TrustArc’s 2024 Global Privacy Benchmarks Report shows that organizations that lead in privacy outperform in customer satisfaction and innovation. 3. Make privacy everyone’s job (not just legal’s) Embed privacy into daily decisions, not isolated in quarterly audits. privacy champions across departments (product, marketing, HR, finance, etc.) and give them real responsibilities. Make privacy part of onboarding, not just an annual training hurdle. Establish a formal recognition program, such as quarterly Privacy Ambassadors, or tie privacy milestones to performance incentives. When privacy gets celebrated, it gets replicated. Create psychologically safe spaces for privacy questions. Encourage anonymous reporting of potential issues and hold Ask Me Anything sessions with your privacy team to boost transparency and trust. Practical tips to implement across the organization This is where theory becomes reality. Here’s how to operationalize a culture of privacy accountability: Tailor privacy training by role One-size-fits-all training is about as effective as a phishing email promising free Bitcoin. Instead, design privacy education based on what employees actually do. HR needs to understand . Developers need secure coding and . Sales teams need to know how to talk about data usage with prospects. Inject creativity into privacy education. Try these training ideas: Custom game shows based on your policies. Digital or in-person, with privacy puzzles. “Find the Privacy Violation” challenges in your product, website, or workflows. Have the privacy team run daily quizzes, GIF-offs, or Q&As during Data Privacy Week. Privacy memes competition: Because nothing says employee engagement like a well-placed SpongeBob meme. Also, consider localizing your privacy training. Singapore or São Paulo employees may respond differently to messaging than those in Stockholm or San Francisco. Respect cultural nuances to create buy-in across regions. Build privacy governance that scales Create privacy councils or working groups that span business units. These aren’t just for policy wonks—they’re your eyes and ears in the org. Set clear responsibilities. Schedule recurring touchpoints. Make privacy part of strategic planning. Don’t treat privacy as an afterthought. Establish KPIs for program effectiveness and culture health. Run periodic privacy culture assessments to understand employee sentiment and comfort with speaking up. For a practical framework to put these principles into action, download our guide to building a scalable privacy program Connect privacy to your values and your people Culture isn’t compliance. It’s values in action. Show how your privacy practices align with your organizational mission. If , privacy supports patient dignity. In education, it promotes student safety. In retail, it builds loyalty and transparency. Privacy needs context. Understand how your employees view their privacy, especially across regions. A team in Berlin may approach surveillance differently than one in Silicon Valley. Empathy is your superpower. Privacy by design isn’t optional. It’s expected Privacy by design is the opposite of duct-taping compliance at the end. It’s building systems with data protection in mind from the start. Make it your mantra in product sprints, vendor reviews, and UX discussions. Encourage teams to ask early: “Do we need this data? If so, why? How will we protect it?” And yes, write it on the whiteboard. Every. Single. Time. Empower employees with privacy tools A strong culture of privacy thrives when employees feel confident in what to do. Templates for data subject access requests Checklists for vendor privacy due diligence “Privacy playbooks” that break down internal processes in plain language Clear documentation on how to escalate privacy concerns You can’t improve what you don’t track. Define KPIs for your privacy program : training completion, vendor compliance, number of privacy assessments, and employee sentiment. Use surveys and feedback loops to understand what’s working and what’s not. Run regular audits for continuous improvement, not regulators. Make privacy a living, breathing part of your operations. Build privacy into the employee lifecycle From onboarding to offboarding, privacy should be part of the journey. Introduce privacy policies and expectations during onboarding. Reinforce training at regular intervals and after key role changes. Include privacy compliance as part of exit checklists to ensure appropriate data handling and access removal. If you’re asking yourself: “Are my employees equipped to make privacy-conscious decisions?” “Does my organization have the tools and mindset to prioritize data protection at every level?” You’re already on the right track. And here’s the truth: building a privacy-first culture is a journey. It’s not a one-and-done project—it’s a mindset that evolves with your team, technology, and market. But it’s worth it. Because when privacy becomes second nature, trust follows. And trust? That’s the most valuable currency in today’s digital economy. So go ahead. Plant the seeds, water them with awareness, and watch a culture of privacy confidence grow across every corner of your business. Checklist for building a privacy-first culture Secure exec-level buy-in (and public support) Tailor training by role and ditch the one-size-fits-none Make it fun: games, memes, challenges, contests Embed privacy into business planning and product design Celebrate privacy champions across departments Create anonymous channels for questions or incident reporting Align privacy messaging with company values Use real examples: breaches, fines, stories Measure success with KPIs and feedback loops Keep policies up to date and easy to understand Empower employees with tools, playbooks, and checklists Localize your training and messaging Build privacy into onboarding and offboarding Use tools (like Nymity Research or PrivacyCentral) to manage complexity Want more inspiration? Explore frameworks like the Nymity Privacy Management Accountability Framework or download TrustArc’s Privacy PowerUp eBook. Proven Framework. Accountable Privacy. Turn privacy goals into measurable action. Use the Nymity Privacy Management Accountability Framework to align activities with laws, prove compliance, and mature your program with confidence. Stronger Foundations. Smarter Automation. Get the foundations right with the Privacy PowerUp eBook. Learn how to structure a scalable privacy program—from data inventory to consent strategies—built for growth and ready for automation. ==================================================================================================== URL: https://trustarc.com/resource/adtech-meets-privacy-2025-trends-strategic-insights/ TITLE: AdTech Meets Privacy: 2025 Trends and Strategic Insights | TrustArc TYPE: resource --- AdTech—short for advertising technology—is like the wizard behind the curtain of digital marketing. It powers the strategies that bring the right ads to the right people at the right time. But as the industry evolves, it’s becoming more like a high-stakes game of Jenga: each decision must balance precision targeting, regulatory compliance, and consumer trust without causing the entire structure to collapse. Navigating this ever-changing terrain is critical for privacy, compliance, technology, and security professionals. This article blends insights into the evolution of AdTech, the regulatory pressures reshaping it, and actionable strategies for staying compliant while keeping consumer trust intact. Whether you’re new to AdTech or a seasoned pro, this guide will provide the tools and confidence to navigate this challenging landscape. What is AdTech, and why does it matter? If AdTech were a movie, it would be : constantly evolving, fueled by speed and precision, and occasionally running into roadblocks. At its core, AdTech refers to the technologies that allow advertisers, publishers, and marketers to buy, sell, deliver, and analyze digital ads. bid for ad space through demand-side platforms (DSPs). offer inventory via supply-side platforms (SSPs). track performance metrics, guiding campaign improvements. AdTech enables businesses to reach audiences with pinpoint accuracy, making it an indispensable tool in the modern marketing arsenal. However, this level of sophistication relies heavily on data collection—a practice that has raised red flags in the regulatory world. The impact of privacy laws on AdTech Privacy laws have become the superheroes of the digital age—championing consumer rights while forcing businesses to rethink data collection practices. From the sweeping powers of Europe’s , these laws aim to protect consumers in an increasingly connected world. The big players: Privacy laws to watch These laws target practices such as behavioral targeting, cross-site tracking, and retargeting, which often rely on personal data. While they aim to protect consumers, they present operational challenges for businesses reliant on these techniques. For a broader look at how these regulations fit into your overall data strategy—including insights on AI governance, operational resilience, and privacy program maturity—check out The Data Privacy Professionals’ Guide to Thriving in 2025 . It’s your roadmap to navigating the year’s most pressing compliance challenges with clarity and confidence. AdTech in the cookie-less era Cookies, once the backbone of online advertising, are now the villain in many privacy narratives. While Google has delayed the depreciation of third-party cookies in Chrome, browsers like Safari and Firefox have already eliminated them. Hashed emails and phone numbers: Secure identifiers for personalized targeting. Device-specific identifiers. Focuses on content relevance rather than user behavior. These innovations offer hope for privacy-preserving advertising, but they also require businesses to rethink their strategies and invest in new technologies. The double-edged sword of AdTech AdTech delivers undeniable benefits, but it’s not without its challenges. Like any powerful tool, its impact depends on how it’s used. Targets the right audience with tailored messaging. Automates complex processes, saving time and resources. Supports campaigns across multiple platforms seamlessly. Provides data-driven analytics to refine strategies. From delivering sneaker ads to fitness enthusiasts to promoting healthcare services in the right regions, AdTech’s capabilities are vast. Using personal data raises questions about consent and compliance. Fake clicks and bot traffic can erode campaign effectiveness. The ecosystem involves many players, requiring expertise and careful management. Consumers are increasingly using software that limits ad visibility. Navigating these challenges requires a deep understanding of the AdTech ecosystem and a commitment to ethical privacy practices. Building consumer trust in a privacy-first world In the digital age, trust is a currency more valuable than gold. Consumers are wary of invasive tracking, and businesses that fail to address these concerns risk alienating their audiences. : Clearly explain what data is collected and why. : Empower users to manage their preferences easily. : Deliver relevant ads without crossing privacy boundaries. Organizations that prioritize trust not only comply with regulations but also strengthen their relationships with customers. Strategies for AdTech compliance To navigate the complex web of AdTech regulations, organizations need a proactive and comprehensive approach. Identify what data is collected, where it’s stored, and how it flows. Prioritize first-party data: Collect data directly from consumers through surveys, loyalty programs, and preference centers. Master consent management: Consent Management Platforms (CMPs) to streamline opt-in/opt-out processes. Adopt privacy-preserving tech: Embrace innovations like contextual targeting and federated learning. Periodically review your AdTech stack for compliance gaps and vulnerabilities. Future-proofing your AdTech strategy As technology evolves, so must your privacy program. Here are some trends to watch and actions to take: Connected TV (CTV) advertising: The shift toward CTV requires new privacy considerations. demand extra diligence when targeting younger audiences. Laws like Washington’s My Health My Data Act broaden the definition of sensitive data. to give consumers more control over their data. Test category-based preferences to allow users to customize their ad experiences. Train teams across marketing, IT, and legal departments on the latest privacy regulations. Final insights: Mastering the AdTech-privacy balance AdTech and data privacy don’t have to be adversaries. When combined thoughtfully, they create a powerful synergy that benefits businesses and consumers alike. By embracing privacy as a competitive advantage , adopting proactive strategies, and staying informed, organizations can thrive in this complex landscape. The journey may be challenging, but with the right tools, mindset, and commitment to ethical practices, you can navigate the AdTech maze with confidence. After all, the future of digital advertising isn’t just about compliance—it’s about building trust, one click at a time. The Evolution of AdTech & Data Privacy Watch the experts discuss AdTech and the regulations governing how organizations collect data and manage consent and preferences. Manage Compliance with Ease Automate tracker categorization, cookie blocking, and more to save time and comply with global laws and standards. ==================================================================================================== URL: https://trustarc.com/resource/privacy-augmented-virtual-reality-platforms/ TITLE: Privacy in Augmented and Virtual Reality Platforms: Challenges and Solutions for Protecting User Data | TrustArc TYPE: resource --- In a world where reality can be digitally reconstructed and redefined, augmented reality (AR) and virtual reality (VR) technologies are pushing the boundaries of human experience. Whether it’s immersive gaming, remote work collaboration, medical simulations, or digital shopping experiences, AR and VR have introduced an entirely new dimension of digital interaction. But with this innovation comes a wave of . These technologies collect unprecedented amounts of user data, including biometric information, movement patterns, and emotional responses. Without the proper safeguards, businesses risk regulatory penalties, data breaches, and loss of consumer trust. For privacy and compliance professionals, ensuring secure, ethical, and lawful data practices in AR/VR environments requires a deep understanding of the risks—and the solutions. Why privacy in VR and AR is a high-stakes issue Virtual and augmented reality platforms operate differently from traditional digital ecosystems. Unlike websites or mobile apps, these platforms rely on continuous, real-time data collection. They don’t just capture what users click or type; they track where users look, how they move, and even how they feel. This level of tracking raises significant concerns about how personal data is used and protected. A recent case involving the beauty industry is a prime example of the potential pitfalls of biometric data collection. Charlotte Tilbury BIPA lawsuit In 2024, luxury beauty brand Charlotte Tilbury settled a $2.93 million lawsuit for violating Illinois’ Biometric Information Privacy Act (BIPA). The company’s allegedly collected and stored facial geometry scans . This case set a precedent for how biometric privacy laws apply to immersive technology, underscoring the need for explicit user consent in VR applications. Here are some of the most pressing data privacy concerns: 1. Expansive data collection: What’s being tracked? Using VR is like entering a digital panopticon—every movement, gesture, and gaze can be recorded, analyzed, and monetized. Unlike traditional online tracking , where cookies follow users across websites, VR environments can map entire behavioral profiles through: Eye movements, pupil dilation, facial expressions, and even heart rate—all of which can be used to infer emotions and reactions. How users interact with digital objects, their movement within virtual spaces, and response patterns. Shows the physical location of where users interact with AR/VR applications. Many VR platforms record user conversations, raising risks of inadvertent data collection. This volume and variety of data make AR/VR environments a goldmine for advertisers, cybercriminals, and even authoritarian governments. 2. Biometric and behavioral privacy risks Imagine VR as a personal lie detector that never turns off. Businesses can use biometric data collected through VR to create uniquely identifiable Even if users create anonymous avatars, their walking patterns, gaze direction, and hand movements could still reveal their real-world identity. Profiling and discrimination. Employers, insurers, or law enforcement agencies could use VR behavioral data to judge individuals, such as screening job applicants based on cognitive response tests conducted in VR. States like Texas have already taken aggressive action to curb biometric misuse—setting billion-dollar enforcement precedents under privacy laws like the Texas is leading the charge in biometric privacy enforcement 3. Security risks: Hacking the virtual world Even more significant security vulnerabilities exist if the experience is more immersive. Imagine if a hacker took control of a VR headset—not only could they steal personal data, but they could manipulate the user’s environment or even cause psychological distress. These concerns are not just theoretical. In fact, regulatory agencies have already started scrutinizing how companies handle security risks in VR. In 2023, the Federal Trade Commission (FTC) sued Meta for acquiring Within Unlimited, a VR fitness app. The FTC argued that the purchase stifled competition and posed risks to user privacy, particularly concerning fitness and biometric data. The case reflects increasing regulatory scrutiny on VR data practices. Potential security threats include: Data breaches exposing biometric and behavioral data. Spyware within VR apps secretly tracking user activity. Man-in-the-middle attacks where hackers intercept VR communications. 4. Industry-specific privacy considerations Privacy concerns vary depending on the industry using VR technology. Here’s how they apply to key sectors: : Patient biometric data collected in VR therapy or surgery simulations is covered by : Student engagement tracking in virtual classrooms must comply with (U.S. children and student privacy laws). Virtual banking and trading platforms require robust encryption to protect sensitive financial transactions. 5. AI and virtual reality: The personalization problem VR personalization can feel like stepping into a Black Mirror episode—AI tracks every micro-reaction, nudging users toward content or decisions they might not have made otherwise. While this can enhance experiences, it also introduces risks: can lead to excessive profiling. AI-driven nudging could influence user decisions without their awareness. Bias in AI algorithms may reinforce discrimination in virtual environments. Regulatory frameworks governing VR privacy Given the vast amounts of personal and biometric data VR platforms collect, various global privacy and cybersecurity regulations apply. Key regulatory frameworks include: GDPR (EU) – Requires explicit consent for biometric data collection, grants users the right to delete their data, and limits automated profiling. (California, U.S.) – Provides users with data access, deletion rights, and enhanced protections for biometric information. COPPA (U.S.) – Mandates parental consent before collecting data from children under 13. Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, and the Washington Biometric Privacy Act (U.S.) – Impose strict consent requirements for biometric data collection and prohibit unauthorized sharing. (China) – Regulates foreign companies processing Chinese citizens’ biometric data and restricts cross-border data transfers. – Governs AI-driven VR interactions, requiring transparency and risk assessments for high-risk AI applications. Cybersecurity Laws (NIS2 Directive, U.S. SEC Cyber Rules) – Enforces stricter cybersecurity and incident reporting requirements for VR systems. By ensuring compliance with these evolving regulations, VR companies can mitigate legal risks, enhance user trust, and protect How organizations can address VR privacy challenges To navigate these privacy concerns and ensure compliance with global regulations, organizations should implement the following solutions: 1. Privacy-by-design principles Integrate privacy protections into the development process from the very beginning. Rather than treating data protection as an afterthought, organizations should into the architecture of their VR platforms. Privacy-by-design principles include limiting data collection to what is strictly necessary for functionality and ensuring that any data collected is protected through privacy-enhancing technologies such as anonymization and differential privacy. By prioritizing privacy at the design stage, businesses reduce exposure to regulatory risk while fostering trust among users. 2. Strengthening consent mechanisms VR environments require a rethink of traditional consent methods. Static, text-heavy privacy policies are ineffective in immersive experiences, making it necessary for businesses to develop more intuitive and interactive consent models. Companies should implement real-time privacy prompts that notify users when their data is collected, ensuring transparency without disrupting the immersive experience. Additionally, businesses must provide granular consent controls, allowing users to opt in or out of specific data collection practices based on their comfort levels. 3. Enhanced security protocols Given the sensitive nature of VR data, businesses must implement robust security measures to protect users from breaches and cyberattacks. End-to-end encryption should be applied to all VR data transmissions to prevent unauthorized access. Multi-factor authentication (MFA) must be mandatory for user accounts to add an extra layer of protection. Organizations should conduct regular security audits to identify vulnerabilities and ensure that security infrastructure remains up to date against evolving cyber threats. 4. Complying with global regulations , businesses must stay ahead by ensuring their VR platforms comply with regional and international regulations. Conducting Privacy Impact Assessments (PIAs) before launching new VR features helps organizations understand potential compliance risks and address them proactively. Companies must also adopt GDPR-compliant data collection, processing, and storage practices. For businesses operating internationally, it is essential to manage cross-border data transfers in accordance with regulations such as China’s PIPL and California’s CPRA to avoid legal complications. AI-driven personalization is a double-edged sword in VR. While it can enhance user experiences, related to excessive profiling, bias, and manipulation. Businesses must ensure transparency in their AI-driven VR interactions by implementing policies that explain how AI decisions are and conducting regular audits to detect and mitigate biases in AI-driven personalization systems, preventing discriminatory outcomes. Additionally, companies should establish strict policies against emotion tracking for manipulative purposes, ensuring that AI respects user autonomy. The future of privacy in virtual reality Privacy in AR and VR isn’t just a compliance issue. It’s a . Consumers will hesitate to embrace immersive technology if they feel monitored, manipulated, or vulnerable to security breaches. By taking a proactive approach to data protection, businesses can unlock the full potential of immersive experiences—without compromising user trust. By understanding the complexities of privacy in VR, compliance professionals can help shape ethical, secure, and legally compliant digital realities. After all, the future of privacy isn’t just about protecting data; it’s about protecting people Privacy Requests, Handled with Confidence Automate and streamline DSR workflows to simplify compliance, reduce manual effort, and prove your commitment to customer rights without breaking a sweat. See the Risks Before They’re Reality In immersive environments, data flows fast and blind spots multiply. Visualize data lifecycles, pinpoint privacy risks, and automate assessments to keep your VR experiences compliant and under control. ==================================================================================================== URL: https://trustarc.com/resource/privacy-concerns-real-time-bidding/ TITLE: Privacy Concerns in Real-Time Bidding: How to Ensure Privacy Compliance | TrustArc TYPE: resource --- For nearly six years, privacy advocates and regulators have been sounding the alarm about the urgent privacy implications of , warning that it is the foundation for alarming trends like “ corporate surveillance in everyday life, .” These warnings range from the loss of control over our personal information to cross-border violations and even grave threats to national security. This blog will explore what Real-Time Bidding is and how it works, its privacy implications, and some recommended practices for organizations using this technology. What is real-time bidding (RTB)? Real-time Bidding (RTB) is a digital advertising process in which ad space is bought and sold in real time, within milliseconds of a webpage, app, or other digital content loading. When a user visits a website or app with available ad space, that space is auctioned to advertisers through an automated exchange. 1. When someone loads a website or an app, a Supply-Side Platform (SSP) sends personal data, including sensitive information, to several advertising exchanges in a process known as a bid request. This bid request comprises personal and sensitive data such as user interests, demographics, browsing behavior, identification codes, and information that indicates what a person is currently doing online (known as bidstream data). 2. After receiving such a request, the advertising exchanges broadcast the bid to several Demand-Side Platforms (DSPs). 3. DSPs analyze this data to determine whether to bid on behalf of their client (the advertiser) and add the new data to the existing dossier on the individual. 4. After assessing whether the ad is a suitable match for the user, the highest bidder wins, and their ad is instantly displayed on the webpage or app. While RTB enables highly targeted advertising, it also raises privacy concerns due to the vast amount of personal data shared in the process. Some key issues include: User data—including interests, browsing history, and even sensitive details—can be shared with a large number of companies, including ad exchanges and data brokers . Some businesses have emerged solely to collect and resell this data. Cross-border data transfers: RTB often transmits personal data across international borders, sometimes to regions with little oversight. This opens the risk of data being accessed by unknown entities or even foreign governments, posing a serious threat to national security and individual privacy. Lack of consent and control: Users typically have no direct control over how their data is shared or who can access it. Once bidstream data is broadcast, no technical safeguards prevent it from being used for unintended purposes, highlighting the urgent need for change. The vast availability of personal data enables companies to engage in processing activities that may lead to invasive practices with uncertain legal grounds . Such activities encompass profiling and automated decision-making, large-scale processing, matching or merging datasets, analyzing or predicting behavior, location, or movements of individuals, and the undisclosed processing of sensitive information. As digital advertising continues to evolve, businesses must balance the benefits of targeted ads with consumer privacy concerns and emerging regulations. Enforcement and litigation risk Federal Trade Commission (FTC) Last year the FTC shed light on consumer data harvesting through RTB. A collected large amounts of sensitive personal data from real-time bidding (RTB) exchanges. This data broker collected the bidstream data and retained it even after losing the bids. From 2018 to mid-2020, approximately 60% of the organization’s consumer data originated from RTB exchanges, including more than 2 billion unique mobile advertising identifiers (MAIDs) paired with location data. The data broker violated the exchange terms by retaining and using the bitstream data, including location and other sensitive data, for non-advertisement purposes. Such personal information was further disclosed exposing consumers to privacy violations and potential misuse of their information. The organization signed a Settlement with the FTC that included several orders, including the prohibition on collecting, purchasing, or otherwise acquiring or retaining covered information that the organization (directly or indirectly) accesses while participating in online advertising auctions for any purpose other than participating in such auctions. Protecting Americans’ Data from Foreign Adversaries Act Two privacy advocates filed under the new Protecting Americans’ Data from Foreign Adversaries Act (PADFAA), arguing that Google’s RTB technology broadcasts sensitive data without any security measures. This is concerning because Google is dominant in the ad tech industry. According to the complaint, Google’s RTB system dominates online advertising and operates on 33.7 million websites, 92% Android apps, and 77% iOS apps. Much of Google’s $237.9 billion advertising revenue is RTB. The complaint relies on a report published in 2023 by Enforce, America’s Hidden Security Crisis, which reveals how sensitive Google RTB data, including data from active U.S. military personnel, national security leaders, and judges, is available for purchase on the commercial data market. Additionally, a public list maintained by Google includes the companies certified to receive RTB data, which have the word “Beijing” in the title, and foreign companies controlled by foreign adversary countries, which makes this data accessible to such countries, both directly and indirectly. PADFAA prohibits any company that generates revenue by granting access to data from transferring the data of U.S. individuals to a foreign adversary or any entity controlled by North Korea, China, Russia, or Iran. The complaint argues that Google not only directly shares RTB data with foreign adversaries but also broadcasts sensitive personal data through RTB technologies so freely at a vast scale and without any protection that makes it available to foreign adversaries. At this point, Google cannot control what happens to the data after it is disclosed, even though their guidelines prohibit retaining and using RTB data as a form of “protection.” These guidelines, intended to safeguard user data, are insufficient to limit its use once broadcast. Want to further explore PADFA’s implications for programmatic advertising and data sharing? Read our full breakdown of the Protecting Americans’ Data Act to understand scope, risks, and compliance strategies. Here are some suggested practices for privacy compliance while using Real-Time Bidding (RTB) technologies: Minimize data collection and sharing: collect only the personal data necessary for ad placement and avoid using such data to expand existing individual dossiers. Obtain explicit user consent: implement a clear and transparent consent mechanism that informs users about using RTB and data collection. Ensure compliance with industry standards: Follow frameworks and principles set by industry self-regulatory organizations such as the Digital Advertising Alliance (DAA) Network Advertising Initiative (NAI) Strengthen security measures: Use security measures such as encryption to prevent unauthorized access, access controls to restrict who can handle RTB data, and conduct security audits to ensure compliance with data protection laws. Enforce data retention limits: Establish strict policies to delete bidstream data after a short period and ensure it is not stored or reused for purposes beyond bidding. Implement cross-border data transfer safeguards: Ensure compliance with applicable laws and regulations and conduct before transferring data to third countries. Avoid secondary data use: Ensure that data is used solely for ad auctions, not for additional profiling or tracking. Enhance transparency and user control: Provide a clear privacy policy explaining RTB data collection and usage. Stay updated with legal and regulatory changes: Continuously monitor global privacy regulations affecting RTB and adapt processes to comply with new, evolving laws. By implementing these suggested practices, organizations can balance effective advertising with strong privacy protections, reducing legal and reputational risks while respecting user rights. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. ==================================================================================================== URL: https://trustarc.com/resource/mastering-privacy-tabletop-exercises/ TITLE: Mastering Privacy Tabletop Exercises: A Practical Guide for Privacy Professionals | TrustArc TYPE: resource --- Why privacy tabletop exercises matter (and why you should care) While privacy tabletop exercises enhance preparedness and improve response times, no plan can completely eliminate the risk of a data breach. These exercises are designed to help organizations manage incidents effectively, but breaches can still occur due to evolving threats, human error, or unforeseen vulnerabilities. It’s a regular Tuesday morning, and your team is humming along until an urgent email lands in your inbox. Your third-party vendor just got hacked, and your customers’ personal information is at risk. What now? This is the moment when your company’s incident response plan either holds up or falls apart. Privacy tabletop exercises aren’t about preventing every possible incident. They’re about being ready when one inevitably occurs. These simulations give your team a low-stakes environment to practice high-stakes decisions, fine-tune coordination, and strengthen their ability to respond under pressure. When the real thing happens, your team will be ready to act. If you think tabletop exercises are just for IT teams, think again. These simulations involve legal, communications, leadership, and compliance because a breach or incident isn’t just about fixing a security gap; it’s about managing reputational, financial, and regulatory fallout. Quick checklist: The fast track to running privacy tabletop exercises Build a scenario that feels real – Picture an employee misdirecting sensitive customer data or a vendor breach exposing thousands of records. Your exercise should match real-world threats your company faces. Get the right people in the room – Bring in legal, IT, security, PR, and leadership. Because a breach is never just one team’s problem. – Log what worked, what didn’t, and what could have caused confusion or delays. Then refine the plan and schedule the next drill. So, what exactly is a privacy tabletop exercise? It’s your organization’s chance to test its reflexes before a real privacy crisis hits. Think of it as a fire drill but for privacy incidents, data breaches, unauthorized disclosures, or compliance missteps. Unlike security tabletop exercises, which focus on stopping hackers, privacy tabletop exercises deal with handling personal data responsibly, meeting legal requirements, and managing stakeholder communication. These exercises help teams: in their incident response plan before regulators do. otherwise, slow responses make everything worse. Coordinate across departments so everyone knows their role Minimize legal, financial, and PR nightmares Why bother? because privacy incidents aren’t ‘if,’ they’re ‘when’ updated its privacy terms and faced backlash for AI training disclosures? Or when Facebook got tangled in the Cambridge Analytica scandal , where millions of users’ personal data was harvested without consent? These weren’t just technical issues. They became global news, eroding trust and sparking regulatory scrutiny. And it’s not just about big tech. 20% increase in personal data breaches in 2024 ransomware attacks now account 78% of all reported breaches . Even if your systems are airtight, a third-party vendor’s mistake or an internal misstep can set off a chain reaction. Privacy missteps (even when they don’t involve unauthorized data access) can quickly spiral into full-blown reputational crises. That’s why organizations need more than just technical fixes. They need proactive crisis planning, strong communication strategies, real-time coordination between teams, and legal privilege protection from day one. Protecting legal privilege during incident response is crucial for minimizing legal exposure and ensuring sensitive information remains confidential. Privilege allows organizations to conduct thorough and honest assessments without fear that their findings will later be used against them in litigation or regulatory investigations. It ensures forensic reports and internal communications created under the guidance of legal counsel are protected, reducing the risk of exposing vulnerabilities or gaps in your security practices. For example, engaging external forensic investigators through outside counsel and clearly stating that the investigation is conducted for the purpose of legal advice or anticipated litigation helps maintain both attorney-client and litigation privilege. Without those guardrails, even well-meaning documentation or emails could be discoverable and possibly damaging. Privilege also allows your organization to manage regulatory inquiries strategically, controlling the flow of information and ensuring only required disclosures are made. That’s not hiding; it’s smart compliance. Privacy tabletop exercises provide a controlled environment to test real-world scenarios, refine response strategies, safeguard privilege, train teams on communication protocols, and stress-test your team’s ability to manage public scrutiny. How would your company react if your privacy decision became the next trending controversy? Would leadership be prepared to address media backlash? Would customer support have a clear response plan? Privacy tabletop exercises let you answer these questions before you’re in the hot seat. Privacy tabletop exercises help organizations: Distinguish between privacy incidents and full-blown data breaches. Rank incidents by severity. A lost laptop isn’t the same as a leaked database. ahead of evolving privacy laws (because regulators won’t care if you “didn’t know”). Pressure-test vendor breach response plans (your weakest link might not be in-house). Keep crisis communication tight. One bad media response can outlast the breach itself. Build muscle memory for incident response so that when a real breach happens, your team doesn’t panic. Understand how to minimize risk and why preserving privilege is essential to protecting your organization during and after an incident. Connecting the dots: How tabletop exercises fit into your privacy incident response plan follows four key stages (these also make great milestones for a tabletop exercise). Each of these stages aligns directly with the NIST Cybersecurity Framework (SP 800-61 Rev. 2) , aligning your organization with an industry-standard approach to handling incidents. By structuring your tabletop exercises around these steps, teams can strengthen their real-world preparedness and refine their response strategies to meet regulatory expectations and business needs. 1. Prep work: Laying the groundwork before things go sideways Define breach severity levels so there’s no confusion when an incident hits. Make sure your plan covers jurisdiction-specific reporting laws ( Keep an updated contact list for regulators, vendors, and internal teams. Ensure vendors have solid breach notification agreements baked into contracts. Privacy and Compliance (the legal safety net) Security and IT (the fixers) Legal (to keep you out of trouble) External legal counsel (a third party to support incidents is critical) PR and Communications (because public perception is everything) Leadership (for fast decision-making) Create a RACI chart that clarifies roles and responsibilities for each task by categorizing team members as Responsible, Accountable, Consulted, or Informed. Create a scenario that hits home Not all breaches look the same. Here are a few ways things could go wrong: Customer data gets transferred to the wrong country with no safeguards. Attackers encrypt customer records and demand money to unlock them. gets hacked, and your customer data is exposed. Someone in HR accidentally emails sensitive 2. Spotting trouble: Can your team detect and analyze fast enough? Early warning systems matter Train teams to separate security incidents from privacy breaches (not every security hiccup is a data breach, but some are). Set up monitoring tools to flag anomalies in real-time. Have a classification system for privacy incidents (low, medium, high risk). Assess and escalate like a pro An incident assessment template should be created to guide consistent analysis and can be reused across future events Who’s affected? (Customers? Employees? Vendors?) How many records were affected? (It’s important to know the volume of affected records.) What kind of data is exposed? (Financial info? Social Security numbers? Health records?) Which laws kick in? (Do you need to notify regulators?) 3. Damage control: Containing the incident or breach and recovering Cut off unauthorized access (restrict compromised accounts, block malicious IPs, etc.). Work with IT and security to stop the bleeding. Get legal involved immediately to sort out breach notification obligations. Ensure steps are documented. Keeping a clear record supports investigation, regulatory reporting, and preserves legal privilege. Find and close security gaps. Restore affected systems (but keep forensic evidence intact). Decide who gets notified and when (customers, regulators, press, law enforcement?). Put vendors under the microscope If a third party caused the breach, hold them accountable. Ensure your contracts require fast breach notifications and remediation. Run periodic vendor security audits. Don’t just take their word for it. 4. Lessons learned: Making the next incident or breach easier to handle Debrief the team while it’s fresh What worked? What didn’t? What almost went off the rails? Were response times fast enough? Were roles and responsibilities clear? Adjust incident severity levels if necessary. Update training programs based on what went wrong. Plan quarterly breach simulations. Once a year isn’t enough. Continuously update the RACI chart as the process changes. Next-level moves: Handling PR, media, and executive briefings Prep for a public scrutiny test What happens when a journalist asks, “How did this happen?” (You need a ready-to-go answer and a designated responder.) Designate who is authorized to speak on behalf of the company—controlling the message starts with controlling the messengers. Social media backlash? Have a response strategy in place. Pre-draft notification templates so you’re not scrambling under pressure. Keep the communication chain clean Internal approval processes for all notifications and external communications should be clearly defined and enforced. Execs should be fully briefed before anything goes public. Escalation protocols need to be ironclad. The last thing you want is mixed messaging. Customer support should be trained to handle worried and angry customers. Create templates to utilize across customer facing teams to ensure the communication is consistent. Refer back to the RACI chart to make sure every communication task has a clearly assigned owner: Responsible, Accountable, Consulted, or Informed. The bottom line: Privacy tabletop exercises keep you ready Privacy drills aren’t just corporate hoop-jumping. They’re about keeping your company’s reputation intact when— —a privacy incident happens. Schedule a tabletop exercise this quarter. Pick a scenario that fits your industry’s biggest risks. Make sure your team knows their roles inside and out. If a real breach happens, your team won’t freeze. They’ll execute. And that’s what turns a crisis into just another day at the office. Nymity Research and Breach Index Discover global requirements and access ready-to-use templates for breach reporting and response planning with our comprehensive Data Breach Index. Data Mapping & Risk Manager Streamline third-party risk management and protect your supply chain with tools to evaluate and address data security risks. ==================================================================================================== URL: https://trustarc.com/resource/the-rise-of-privacy-tech-stacks-essential-tools-for-modern-enterprises/ TITLE: The Rise of Privacy Tech Stacks: Essential Tools for Modern Enterprises | TrustArc TYPE: resource --- The data privacy landscape has over the past two decades. What was once a niche concern primarily for legal teams has become a central business imperative. With the explosion of personal data collection, stringent global regulations, and the increasing complexity of digital ecosystems, organizations can no longer afford to take a fragmented approach to privacy. Enter the privacy tech stack—a suite of integrated technology solutions designed to help organizations manage data protection, regulatory compliance, and consumer trust at scale. But how can organizations build an effective and scalable privacy solution? And what tools should privacy professionals prioritize in 2025? The evolution of data privacy: From compliance to competitive advantage Data privacy has evolved significantly over the last 20 years. In the early 2000s, privacy regulations were limited, and businesses focused mainly on securing customer data from cyber threats. The introduction of the General Data Protection Regulation (GDPR) in 2018 changed everything, setting a new standard for data protection worldwide. Suddenly, privacy wasn’t just about security—it was about user rights, transparency, and accountability. Since then, numerous countries and states have introduced their own privacy laws, including the California Consumer Privacy Act (CCPA) Brazil’s General Data Protection Law (LGPD), China’s Personal Information Protection Law (PIPL) , and others. This regulatory patchwork has made compliance an ongoing challenge, requiring privacy professionals to stay updated and proactive. More importantly, privacy has shifted from a regulatory burden to a strategic differentiator. Consumers increasingly choose brands that demonstrate strong privacy practices. 85% say that knowing a company’s data privacy policies is vital before making a purchase 46% will often or always consider another brand if the one they are considering purchasing from is unclear about how it will use their data. Challenges for privacy professionals in 2025 As privacy laws and consumer expectations evolve, privacy professionals face new and complex challenges. Beyond regulatory compliance, organizations must embrace emerging technologies and proactive strategies to maintain privacy at scale rapid adoption of AI-driven decision-making introduces challenges related to bias, automated surveillance, and regulatory uncertainty. As AI becomes more ingrained in business operations, organizations must navigate evolving privacy laws while . For the second consecutive year, AI implications remain the top challenge reported in the 2024 TrustArc Global Privacy Benchmarks Report , underscoring the complexities of integrating AI technologies while maintaining compliance. With cyberattacks becoming more sophisticated, data breaches surpassed regulatory compliance risks as a top concern in 2024, according to the same report . Organizations face increasing pressure to strengthen their defenses against breaches that can result in severe financial losses, reputational damage, and legal ramifications. Implementing advanced security measures, conducting regular audits, and developing comprehensive incident response plans are crucial to mitigating these risks effectively. Third-party risk management: Organizations increasingly rely on third-party vendors for data processing, exposing them to potential privacy risks and compliance challenges. Third parties can become weak links in data protection efforts without strong oversight. Establishing rigorous vetting processes, continuous monitoring, and contractual safeguards is crucial to mitigating these risks. Investing in the right third-party risk management tools ensures that businesses can identify vulnerabilities early and maintain a high level of compliance—because when it comes to privacy, trust is only as strong as the weakest link in your vendor network. Businesses’ rapid digital transformation has resulted in vast, interconnected data ecosystems. Organizations must manage data across , on-premises servers, and third-party platforms, making it increasingly challenging to maintain compliance. A clear governance framework , coupled with automation, helps streamline operations and strengthen oversight. Privacy laws evolve across jurisdictions, and no standardized global framework simplifies compliance. Organizations must stay agile, continuously assessing new and emerging regulations. Maintaining compliance requires dedicated resources, legal expertise, and adaptable privacy programs that can adjust to shifting legal landscapes. These challenges make it clear that manual privacy management is no longer sufficient. Organizations need advanced technology solutions to scale their privacy programs efficiently. Building the ultimate privacy tech stack An effective privacy tech stack should integrate multiple tools that address key aspects of privacy management. Privacy technology has advanced beyond simple compliance solutions; modern privacy stacks must also support automation, AI integration, and scalable security measures to meet the demands of an evolving threat landscape. 1. Data discovery and mapping tools Understanding where personal data is stored and how it flows within an organization is the foundation of any privacy program. help organizations identify, classify, and track personal data across systems. 2. Consent and preference management With regulations like GDPR and CCPA emphasizing consumer rights, managing user consent effectively is critical. Consent Management Platforms (CMPs) help organizations collect, track, and manage user consent across different touchpoints. 3. Data subject request (DSR) automation Under regulations like GDPR, consumers can request access, correction, or deletion of their data. Automating DSR processing reduces response times and administrative burdens. 4. Privacy Impact Assessment (PIA) tools and privacy by design Privacy Impact Assessments (PIAs) are required for high-risk data processing activities. Automated PIA tools help organizations assess privacy risks and document compliance. However, organizations should implement privacy by design and default —a proactive approach where privacy considerations are integrated into product development, data processing workflows, and business strategies from the outset. This practice helps reduce compliance risks, improves consumer trust, and ensures privacy principles are embedded in everyday operations. 5. Governance, Risk, and Compliance (GRC) platforms centralize risk management, compliance tracking, and audit readiness. These platforms integrate privacy regulations into organizational workflows. 6. Data protection, encryption, and incident response Strong data security measures are essential for privacy compliance. Encryption tools help protect sensitive data in transit and at rest. However, organizations must also integrate and breach management tools to detect, respond to, and mitigate security breaches efficiently. Automating breach response helps organizations comply with regulations that require timely incident reporting. 7. Third-party risk management Companies must assess the privacy practices of their vendors and partners. Third-party risk management platforms provide automated assessments and continuous monitoring. 8. Privacy monitoring and reporting Ongoing monitoring ensures organizations remain compliant over time. Privacy monitoring tools identify data protection failures and provide detailed reporting. TrustArc’s is a leading solution in this space. Additionally, privacy professionals must invest in employee privacy training platforms that ensure company-wide awareness and compliance, as human error remains a leading cause of privacy violations. Integrating these tools isn’t just about regulatory compliance—it’s about building consumer trust and improving operational efficiency. A well-structured privacy tech stack enables organizations to: Automate compliance tasks, reducing manual effort and errors. Enhance transparency, fostering trust with customers and stakeholders. Streamline risk management, ensuring privacy risks are proactively addressed. Improve incident response, minimizing the impact of data breaches. Future trends in privacy tech Organizations must remain agile and forward-thinking to protect consumer data effectively and ensure compliance across global regulatory landscapes. Automation and AI in privacy compliance: AI-driven privacy solutions can help detect compliance risks, automate privacy impact assessments, and streamline regulatory reporting. Privacy by design and default: Embedding privacy into business processes from the outset ensures proactive risk management rather than reactive compliance. Privacy and security convergence: Privacy professionals must collaborate with cybersecurity teams to integrate security tools like Security Information and Event Management (SIEM) systems and identity access management (IAM) platforms. Scalability and adaptability: Privacy technology stacks must be modular and scalable to accommodate new regulations, emerging threats, and business growth. Privacy-preserving data analytics: Techniques like federated learning will allow organizations to analyze data while maintaining privacy. Building a scalable privacy program Today, privacy professionals must balance compliance, security, and user expectations. A robust privacy tech stack is the key to managing these demands efficiently. By integrating the right tools, organizations can confidently navigate the evolving privacy landscape, ensuring compliance while building consumer trust. As privacy regulations become more stringent and data-driven businesses continue to expand, one thing is clear: investing in privacy technology isn’t just about checking a box. It’s about creating a resilient, future-proof privacy program that can adapt to whatever comes next. Critical Privacy Management Vendor Mistakes to Avoid Learn how to pick the right data privacy software partner and ensure program success. Supercharge Your Privacy Knowledge The Privacy PowerUp ten-part series is the perfect launchpad for mastering all privacy essentials. ==================================================================================================== URL: https://trustarc.com/resource/top-10-priorities-privacy-leaders/ TITLE: Top 10 Priorities for Privacy Leaders in their First 30 Days | TrustArc TYPE: resource --- Congratulations on stepping into your new role as a privacy leader! Your first 30 days mark a pivotal chapter in your journey to becoming the Gandalf of governance, the Yoda of compliance, the Dumbledore of data, the Mr. Miyagi of mitigation, the Professor John Keating of privacy culture, and the Aslan of accountability. While the privacy landscape may feel as complex as trying to follow the plot of , this guide provides a clear roadmap to help you navigate it confidently. Here are the top 10 priorities for privacy leaders in their first 30 days, along with actionable tips to manage them effectively. 1. Organizational onboarding: Meet the key players Start with one-on-one meetings with executive leadership, department heads, and business unit leaders. Ask them questions about: How privacy aligns with their goals. Current pain points related to data protection. Organizing informal discussions or shadowing department leaders can help you quickly uncover insights and build trust. : Create a stakeholder map to identify influencers and privacy champions within the organization. 2. Understand the business model and data footprint A privacy program can only succeed if you understand the engine it protects. Review the company’s mission, values, and core operations. : what data is collected, where it’s stored, and how it’s used. provide a structured approach to this process. Leveraging automated tools can help ensure comprehensive mapping and uncover any hidden data flows. : Focus on high-risk data, such as sensitive customer information or , and prioritize their security. 3. Conduct a privacy program health check Review the company’s privacy policies, procedures, and compliance frameworks. Audit key documents such as: This phase helps identify gaps or outdated processes. For example, many organizations often find that refining incident response plans can significantly enhance readiness for regulatory scrutiny. : Prioritize updates based on regulatory risk and business impact. 4. Build relationships across teams . Forge connections with Legal, IT, Security, HR, Marketing, and Product teams to understand their workflows and identify opportunities for collaboration. By partnering with IT and Security on initiatives like , you can ensure compliance while enhancing user experience. Establishing a cadence with the CISO early helps align goals and strengthen collaboration. : Offer to help streamline a process or solve a specific challenge to establish yourself as a reliable partner. 5. Assess cultural readiness for privacy Gauge the organization’s awareness and attitudes toward privacy. Are employees well-informed, or is privacy considered “someone else’s job”? Engaging employees through workshops or focus groups can foster a Use relatable examples to illustrate the importance of privacy, making it relevant to their roles. : Identify privacy champions who can advocate for these initiatives within their teams. 6. Identify regulatory requirements and risks Understanding your regulatory obligations, from , is essential. Identify which laws apply to your operations and assess how the organization meets them. can help map regulatory obligations to business operations, providing a clear compliance roadmap. Ensuring alignment here mitigates significant risks. : Maintain a matrix tracking these requirements to highlight areas needing improvement. 7. Review technology and tools Audit the data governance, consent management, and privacy compliance tools. , or do they need upgrades? For example, investing in advanced DSR systems can reduce response times and strengthen customer trust. Evaluate whether tools integrate with existing platforms like Customer Relationship Management (CRM) or Enterprise Resource Planning (ERP) systems. : Look for opportunities to automate time-consuming tasks to improve efficiency and accuracy. Read 11 Signs It’s Time to Switch Your Privacy Software Vendor. 8. Evaluate third-party relationships Vendors and partners can pose significant privacy risks. Review contracts and vendor compliance with privacy standards. Implementing tools can help monitor compliance and mitigate exposure. : Prioritize vendors handling large volumes of sensitive data and ensure their practices align with your standards. 9. Develop a quick-win strategy : Focus on visible, high-impact projects to create lasting impressions early on. 10. Communicate early and often Transparency builds trust. Regularly share your observations, early wins, and plans with stakeholders. Use clear, jargon-free language to articulate your strategy. Regular updates keep everyone aligned and showcase your progress, setting the stage for long-term success. : Tailor your communication style to your audience, whether it’s executives, team leads, or frontline employees. Beyond the first 30 days: Setting the stage for long-term success The next 30 days are about turning your initial findings into a strategic plan. Focus on identifying compliance gaps, prioritizing risks, and aligning privacy goals with business objectives. Develop a roadmap that includes measurable metrics, updates to governance frameworks, and a clear vision for scaling privacy efforts with organizational growth. Conducting a gap analysis to identify risks in compliance, technology, and third-party relationships. Creating a privacy risk register to prioritize issues based on likelihood and impact. Aligning privacy initiatives with organizational objectives, emphasizing their role as a competitive differentiator. Defining privacy metrics and reporting KPIs like DSAR resolution times or PIA completion rates. Updating governance models by formalizing a Privacy Steering Committee to ensure cross-functional alignment. Drafting a detailed privacy roadmap with short- and long-term goals to guide implementation. After taking these steps, you’ll have laid the groundwork for a privacy program that drives trust and supports business priorities. your first 100 days as a privacy leader The journey begins: Shaping the future of privacy in your organization Your first 30 days are your runway to success. By focusing on these priorities, you’ll build the foundation of trust and momentum needed to guide your organization through the ever-evolving privacy landscape. Remember, you’re not just a compliance officer—you’re a strategic advisor, a cultural architect, and a beacon of trust. This is your moment to shine, so roll up your sleeves and dive in. The privacy challenges ahead may be daunting, but with the right approach, you’ll be the hero your organization needs. Ready to start your privacy leadership journey? Download The Privacy Leader’s Survival Guide: Your First 100 Days and master your privacy leadership role. Hit the Ground Running in Your First 100 Days New to privacy leadership? This essential eBook helps new privacy leaders turn uncertainty into action with a proven 100-day game plan. A Roadmap for Privacy Leaders, Visualized See exactly what to tackle and when with this visual guide to your first 100 days in a privacy leadership role. ==================================================================================================== URL: https://trustarc.com/resource/preparing-2025-new-data-privacy-laws/ TITLE: Preparing for 2025: A Dive into New U.S. Data Privacy Laws | TrustArc TYPE: resource --- Privacy professionals, it’s time to gear up for a monumental shift in the U.S. data privacy landscape. In 2025, eight new state privacy laws will go into effect, joining an existing patchwork of regulations. These laws will raise the stakes for businesses handling consumer data, demanding greater transparency, accountability, and adaptability. This article unpacks the essentials of these new laws, highlights their unique features, and provides actionable steps to ensure your organization is ready to thrive in the evolving privacy-first era. The U.S. 2025 data privacy law wave: What’s new? Here’s a snapshot of the eight new privacy laws coming into effect in 2025: Iowa Consumer Privacy Act (ICPA) Delaware Personal Data Privacy Act (DPDPA) New Hampshire Consumer Expectation of Privacy (NHCEP) New Jersey Consumer Privacy Act (NJCPA) Nebraska Data Privacy Act (NDPA) Tennessee Information Protection Act (TIPA) Minnesota Consumer Data Privacy Act (CDPA) Maryland Online Data Privacy Act (MODPA) Iowa Consumer Privacy Act (ICPA) 90 days to respond to consumer requests, the longest among U.S. state laws. Opt-out rights are restricted to data sales, excluding profiling and targeted advertising, and businesses are not required to recognize opt-out signals. The right to correct is not available in this State. Handled solely by the Attorney General, with fines up to $7,500 per violation. Learn more about the ICPA Delaware Personal Data Privacy Act (DPDPA) Applies to businesses processing data of just 10,000 consumers if over 20% of revenue comes from data sales. Requires businesses to provide consumers with the list of third parties with whom the controller disclosed personal data. 45-day compliance deadline for consumer rights requests. Learn more about the DPDPA New Hampshire Consumer Expectation of Privacy (NHCEP) Strong focus on notice requirements and consumer rights like access, correction, and deletion. Attorney General-led with clear guidelines for business compliance. Learn more about the NHCEP New Jersey Consumer Privacy Act (NJCPA) Requires businesses to notify consumers about data sales and targeted advertising practices in detail. Businesses must provide accessible, user-friendly mechanisms for opt-outs. Learn more about the NJCPA Nebraska Data Privacy Act (NDPA) Emphasizes limiting data collection to what is necessary for specific purposes. Focus on bolstering data security practices. Learn more about the NDPA Tennessee Information Protection Act (TIPA) High applicability thresholds: Covers businesses processing data of 100,000+ consumers or deriving significant revenue from data sales. Consumer request security: Mandates robust systems for handling consumer requests. Learn more about the TIPA Minnesota Consumer Data Privacy Act (CDPA) First state to grant rights to contest profiling decisions and review data used in profiling. Mandates a data inventory and requires consent for pseudonymous data reidentification. Implicitly requires appointing a chief privacy officer to oversee data compliance. Maryland Online Data Privacy Act (MODPA) Broadens “data sale” to include transfers by processors or affiliates. Sensitive data restrictions: Prohibits geofencing near sensitive health facilities without consent. Raises the bar, requiring a stricter data minimization principle. Common ground: What these laws share While each law has unique elements, they share foundational principles that reflect a broader trend in consumer privacy protection: Access, correction, deletion, data portability, and opt-out rights are common across most laws. Some, like Minnesota, expand to include contesting profiling results. Privacy notices must be clear, accessible, and detailed, covering data collection, usage, and sharing practices. These laws generally apply to businesses meeting certain thresholds, such as processing data for a specific number of consumers or deriving revenue from data sales, with the exception of Nebraska’s Data Privacy Act, which applies to any business conducting certain activities. Data Protection Assessments (DPAs) Many laws require assessments for high-risk processing activities to evaluate risks and mitigation strategies. Consumers exercising their rights cannot be discriminated against, such as being denied services or charged higher prices. Looking for a broader perspective to complement your state-specific strategy? Data Privacy Professionals’ Guide to Thriving in 2025 offers a panoramic view of regulatory shifts, AI governance, and operational best practices to help your team stay ahead. What makes each law stand out? Some of the new 2025 data privacy laws have unique elements that differentiate it from others, reflecting the diverse approaches states are taking to protect consumer privacy: Iowa Consumer Privacy Act (ICPA): Iowa stands out with its extended 90-day response timeline for consumer requests—double the standard 45 days found in most other state laws. It also limits opt-out rights to data sales, excluding profiling and targeted advertising. Delaware Personal Data Privacy Act (DPDPA): Delaware’s low thresholds for applicability (10,000 consumers if over 20% of revenue comes from data sales) make it more likely to apply to small and medium-sized businesses than other laws. It also has a broad definition of sensitive data, being the only one that explicitly includes pregnancy as a health condition, and one of the few that includes the status as transgender or nonbinary. Finally, Delaware is one of the few states with the right to obtain third-party lists. New Jersey Consumer Privacy Act (NJCPA): New Jersey’s focus is on enhanced disclosure requirements, obligating businesses to provide comprehensive notifications about data sales and targeted advertising practices. It requires businesses to disclose if personal data is processed for profiling, which may generate legal effects on the consumer. Tennessee Information Protection Act (TIPA): Tennessee sets high applicability thresholds, covering businesses processing data for 100,000+ consumers or deriving significant revenue from data sales. As Delaware, it includes the right to obtain third-party lists and is one of the states that do not require organizations to recognize universal opt-out signals. Finally, Tennessee mandates organizations to maintain a privacy program that aligns with the NIST privacy framework. Minnesota Consumer Data Privacy Act (CDPA): Minnesota breaks new ground by granting consumers rights to challenge profiling decisions and understand the data used. It also introduces requirements like prohibiting unlawful discrimination against consumers during data processing and requiring express consent before reidentifying pseudonymous data. Organizations must also maintain a data inventory for transparency and demonstrate compliance with the regulations. Additionally, appointing a Chief Privacy Officer (CPO) is necessary to oversee data compliance and protect consumer information. Maryland Online Data Privacy Act (MODPA): requirements, including prohibiting certain geofencing practices near health facilities. The collection, processing, and sharing of sensitive data are limited to situations where it is strictly necessary to provide or maintain a specific product or service requested by the consumer. Additionally, the sale of sensitive data is generally prohibited. Organizations are not allowed to sell or process a consumer’s personal information for targeted advertising if they know or should have known that the consumer is under 18 years old. These distinctive features reflect the varying priorities of states as they balance consumer rights, business obligations, and enforcement mechanisms. How to prepare your business for new U.S. privacy laws in 2025 Map out which laws apply to your organization based on factors like consumer thresholds and revenue sources. This is critical for prioritizing compliance efforts. 2. Conduct data protection assessments (DPAs) Evaluate high-risk activities such as profiling, data sales, or processing sensitive data. Ensure these assessments align with the specific requirements of each applicable law. 3. Update privacy notices Your privacy notice is your compliance cornerstone. Include clear information on: Data categories collected For example, Minnesota requires businesses to disclose their data retention policies and the last update date of their privacy notices. 4. Strengthen consumer rights management Develop streamlined processes to handle consumer rights requests efficiently. Ensure compliance with specific deadlines (e.g., Iowa’s 90 days vs. Delaware’s 45 days). Use secure, user-friendly systems for submitting and tracking requests. 5. Bolster data security practices Regularly review and update your data security protocols. Focus on protecting sensitive information and preventing unauthorized access or breaches. Educate employees across all departments about privacy requirements and their roles in compliance. From IT to marketing, everyone plays a part in safeguarding consumer data. Regulatory landscapes are evolving. Keep an eye on amendments, emerging laws, and enforcement actions to adapt your compliance strategies proactively. Key takeaways: Building trust through compliance in 2025 The new 2025 privacy laws signal a shift toward enhanced consumer protections and greater accountability for businesses. While navigating this evolving landscape can seem daunting, preparation is your best defense. Early compliance efforts reduce risks and ease transitions. Privacy management software and automated workflows can streamline compliance. Knowledge is power—keep up with new regulations and trends in data privacy laws. Like assembling a LEGO masterpiece, compliance requires patience, precision, and planning. By laying each piece carefully, you’ll build a privacy program that’s as resilient as it is effective. While the new privacy laws present challenges, they also allow businesses to earn customer trust. By prioritizing data protection, organizations can strengthen relationships, enhance reputations, and thrive in the privacy-first era. Get detailed insights, tools, and templates to help you manage consumer data privacy regulations. Automate your privacy program Use PrivacyCentral to streamline privacy program management across all relevant jurisdictions. ==================================================================================================== URL: https://trustarc.com/resource/nebraskas-data-privacy-act/ TITLE: Unlocking Nebraska’s Data Privacy Act - Are You Prepared? | TrustArc TYPE: resource --- In the fast-paced world of data privacy compliance, the introduction of Nebraska’s Data Privacy Act (NDPA) has privacy professionals nationwide taking note. Signed into law on April 17, 2024, and going into effect on January 1, 2025, the NDPA signals Nebraska’s debut in the growing cohort of states enacting comprehensive consumer data privacy legislation. Whether you’re a privacy lawyer, compliance officer, technology leader, or security expert, understanding this Act is critical for staying ahead in the ever-evolving privacy landscape. This article unpacks the essential elements of Nebraska’s new data privacy law, explores its unique features, and provides actionable steps to help your business prepare. What is Nebraska’s Data Privacy Act? The NDPA establishes a framework for collecting, processing, and protecting personal data for Nebraska residents. It aligns with trends in other states but carries its own distinctions that demand attention. The Act applies to entities conducting business in Nebraska that are not classified as small businesses federal Small Business Act Imagine you run a mid-sized selling fitness equipment nationwide. If you actively market to Nebraska residents and process their personal data for targeted advertising, you’re within NDPA’s scope—even if you’re based in another state. Unlike most state consumer privacy acts, the application of Nebraska’s Data Privacy Act is not based on a certain revenue threshold or the amount of consumers affected or personal information processed; it instead applies to all businesses that: Conduct business in Nebraska or offer services/products consumed by its residents. Process or sell personal data. Notably, the NDPA does not apply to entities qualifying as small businesses under federal standards. Exemptions under the NDPA for certain types of data and entities align with exemptions under other state consumer privacy laws, including: For example, if you operate a healthcare clinic in Nebraska, your patient data is exempt under HIPAA. However, if you also sell non-medical wellness products and collect consumer data for marketing purposes, NDPA rules may apply to that portion of your operations. Like other state laws, the NDPA excludes personal and household activities, focusing squarely on organizational data practices. Consumer rights under NDPA Nebraska’s law provides consumers with a robust suite of rights that echo protections found in states like California and Virginia: Consumers can confirm whether a business processes their personal information and request access. Inaccurate personal data can be rectified. Individuals may request the deletion of their personal data. Businesses must provide personal data in a portable, user-friendly format upon request. Consumers can opt out of data processing for targeted advertising, data sales, or profiling. don’t extend to de-identified or pseudonymized data unless re-identification is possible. Businesses must authenticate requests and may decline those deemed excessive, repetitive, or technically infeasible. Key requirements for businesses The NDPA imposes stringent obligations on businesses to ensure compliance, including: Collect only what is adequate, relevant, and reasonably necessary For example, if your app collects location data to recommend nearby stores, you cannot collect precise geolocation data unless it’s essential for that functionality. Consent for sensitive data Explicit consent is required to process sensitive data, including biometrics and children’s data. For example, a fitness app processing fingerprints for login must obtain the user’s explicit consent before collecting this data. Data protection impact assessments (DPIAs) Conduct regular assessments for processing activities that pose a heightened risk, such as targeted advertising or profiling. For example, if you use AI to profile customer spending habits, you’ll need to assess risks, such as potential bias or discriminatory outcomes. Respond to consumer rights requests within 45 days, with a possible 45-day extension for complex cases. The Act also requires reasonable data security measures to safeguard personal data and transparency in privacy notices. While Nebraska’s law draws inspiration from privacy legislation in states like Texas Data Privacy and Security Act, it has a unique characteristic: Although Nebraska does not apply to small businesses as determined under the federal Small Business Act, the Act requires such small businesses to obtain opt-in consent for selling sensitive personal information. Steps to prepare for NDPA compliance Compliance with the NDPA doesn’t have to be daunting. Here’s how businesses can prepare: 1. Audit your data practices Conduct a thorough inventory of personal data collected, processed, and shared. Identify data subject to NDPA and ensure lawful bases for its processing. For example, if you collect customer birthdays for marketing campaigns, you should ensure that you aren’t inadvertently storing unnecessary data, such as sensitive health details. 2. Update privacy policies Revise privacy notices to include disclosures required under the NDPA, such as the categories of data processed, the purposes of processing, and consumer rights instructions. 3. Implement data security measures Adopt administrative, technical, and physical safeguards tailored to the volume and sensitivity of data processed. For example, encrypt sensitive data like customer payment details and ensure regular system updates to prevent vulnerabilities. Educate employees on NDPA’s requirements and equip them to handle consumer requests and maintain compliance. Develop a framework for conducting DPIAs for high-risk processing activities, documenting findings, and implementing mitigation strategies. 6. Streamline consumer rights requests Set up secure, efficient mechanisms for receiving and processing consumer requests, ensuring adherence to response timelines. Navigating the Complex Privacy Landscape The introduction of Nebraska’s Data Privacy Act underscores the growing patchwork of state privacy laws in the U.S. Businesses must stay vigilant, continuously assess compliance efforts, and adapt to evolving regulations. While daunting, prioritizing consumer privacy can strengthen trust and provide a competitive edge. Think of privacy compliance like maintaining a well-oiled machine. Neglecting small details, like outdated privacy notices or inadequate safeguards, can lead to larger breakdowns—whether in consumer trust or legal enforcement. Embracing Privacy as a Pillar of Trust Nebraska’s Data Privacy Act isn’t just another regulatory hurdle—it’s an opportunity to enhance your data privacy practices and build consumer trust. By proactively addressing compliance, businesses can mitigate risks, avoid penalties, and position themselves as leaders in responsible data stewardship. After all, as privacy professionals know, staying ahead in this ever-changing landscape is a marathon, not a sprint. Get detailed insights, tools, and templates to help you manage the NDPA and other regulations. Easily orchestrate consents, preferences, opt-ins/outs, and empower your customers. ==================================================================================================== URL: https://trustarc.com/resource/vendor-risk-checklist-20-features-privacy-management/ TITLE: Vendor Risk Management Checklist: 20 Features Your Privacy Management Vendor Can’t Afford to Miss | TrustArc TYPE: resource --- Selecting a privacy management vendor is no easy feat—especially when so much is on the line. Are you worried that your current vendor isn’t keeping pace with your company’s needs? Or perhaps you’re unsure where to start when comparing new options. What if the features you require just aren’t there? These questions weigh heavily on the minds of technology, legal, privacy, and compliance professionals, all of whom know the stakes are high. Choosing a new privacy management vendor, or , can feel daunting and uncertain. There’s the concern about making the right choice, the anxiety about what might be lacking, and the fear of finding yourself back at square one. But remember, you’re not alone in this journey. Many professionals have successfully navigated these exact concerns, transforming them into an opportunity to elevate their privacy program This article is here to guide you through the key features that a privacy management vendor should offer. With a clearer understanding of what to look for, you’ll be empowered to make a confident, informed decision—one that could unlock new possibilities for privacy resilience and innovation in your organization. Finding the perfect privacy partner: 20 key vendor features for peace of mind Explore how you can ensure your next vendor is fully equipped to meet your privacy goals and drive your program forward. 2. Enterprise-grade automation 3. Regulatory compliance coverage 5. Automated data subject request (DSR) management 6. Data mapping and inventory 7. Risk assessment and Data Protection Impact Assessments (DPIAs) 8. Third-party vendor risk management 9. Reporting and audit readiness 10. Real-time alerts and notifications 11. Policy management and trust center 12. Consent and preference management 13. Cookie and tracker management 14. Cross-border data transfer mechanism 15. Integration with existing systems 16. Customization and scalability 17. Dispute resolution services 18. Training and awareness 19. Support and expertise Here’s an in-depth look at the 20 key features to consider when choosing a privacy management vendor. Each feature is essential to building a robust privacy program that is agile and responsive to the evolving privacy landscape. A strong privacy management vendor provides more than just tools; they also provide thought leadership in data privacy and security. Look for vendors who can provide insights, demonstrating a deep understanding of privacy trends, regulatory changes, and security challenges. Their expertise should serve as a valuable resource, helping you stay ahead in a complex privacy environment. Enterprise-grade automation Manual processes are not enough for large-scale operations. Enterprise-grade automation ensures that privacy tasks—like , data mapping, and risk assessments—are handled efficiently and accurately. Automation not only saves time but also minimizes the risk of human error, helping you maintain consistency and reliability across privacy functions. Regulatory compliance coverage As regulations expand globally, your privacy management vendor should support compliance with major laws and frameworks like GDPR, CCPA, LGPD, and more. Their solution should be adaptable to new and emerging regulations, giving you peace of mind that your organization remains compliant across jurisdictions. Comprehensive regulatory coverage saves time and reduces the risk of non-compliance penalties. A vendor with a regulatory database provides easy access to up-to-date with over 137 global privacy laws, regulatory guidelines, and enforcement actions. This feature is invaluable in streamlining compliance, as it reduces the time needed to research requirements and helps you stay aligned with the latest global privacy standards. Automated data subject request (DSR) management Handling data subject requests, such as access, erasure, and portability, can be a significant administrative burden. Beyond the time and resources required, there’s an added risk: failing to fulfill data subject rights can lead to steep fines and even litigation. One of the largest fines in the EU to date —$10.2 million—was imposed on the Austrian Postal Service for failing to meet data subject rights. This highlights the importance of a streamlined, compliant approach to managing DSRs. A vendor offering automated management tools can make a critical difference. Automation reduces response times, ensuring that requests are handled efficiently and accurately, meeting the varied requirements across 50+ jurisdictions with DSR laws. This includes compliance with a range of request types, each with specific timeframes, such as: With automated DSR management, you safeguard against potential fines and legal repercussions and build trust with data subjects by upholding transparency obligations. This automation is crucial for scaling privacy operations, reducing administrative burdens, and allowing your team to focus on higher-value privacy initiatives. Data mapping and inventory Knowing where data resides and how it flows across your organization is foundational to effective privacy management. Vendors with strong data mapping and inventory capabilities provide comprehensive visibility into data flows and storage locations. Detailed data maps and inventory reporting empower you to maintain control over personal data and prepare for potential audits or compliance checks. Risk assessments and DPIAs (Data Protection Impact Assessments) To manage data privacy risks effectively, your privacy program must include thorough risk assessments and DPIAs . Look for vendors with tools to evaluate, categorize, and mitigate privacy risks associated with data processing activities. This feature not only supports compliance but also enhances your organization’s risk management capabilities. Third-party vendor risk management who handle your data can introduce significant risk. A privacy management vendor should offer tools to assess and monitor third-party vendors, ensuring that their data handling practices align with your privacy standards. This feature reduces your exposure to potential data breaches and strengthens your overall security posture. Reporting and audit readiness Regular audits and stakeholder reporting are essential components of any privacy program. A robust vendor will provide detailed, customizable reports that demonstrate compliance and readiness for audits. This feature makes it easy to present insights to stakeholders, regulatory authorities, or internal audit teams, ensuring transparency and accountability. Real-time alerts and notifications Data breaches and regulatory changes require immediate action. Vendors with real-time alerts and notifications help you stay informed and respond swiftly. These alerts enable you to address potential incidents, legal updates, or compliance shifts promptly, reducing the risk of non-compliance and protecting your organization’s reputation. Policy management and trust center Centralized policy management helps keep privacy policies organized and up-to-date. Implementing robust process controls to safeguard sensitive data is crucial within vendor risk management frameworks. Vendors with or similar resource make it easy to share policy information with stakeholders, improving transparency and helping you demonstrate your organization’s commitment to privacy. Consent and preference management Managing user consent and preferences is critical to building trust. A vendor offering consent and preference management tools enables you to capture, track, and respect user choices, ensuring compliance with consent requirements and enhancing customer trust. Cookie and tracker management With privacy regulations like GDPR, CCPA, and ePrivacy Directive, managing cookies and other trackers is essential. A robust cookie management solution from your vendor can automate cookie blocking, tracking categorization, and user consent, ensuring a compliant, privacy-first experience for website visitors. Cross-border data transfer mechanism Global data transfers are complex, especially in a regulated environment. Look for a vendor with solutions to support legal cross-border data transfers, allowing you to remain compliant while transferring data internationally. Integration with existing systems Privacy management is most effective when integrated with existing systems, such as CRM, ERP, and HR platforms. A vendor that offers minimizes disruption to current workflows, enabling privacy measures to be part of your everyday operations. This integration ensures that privacy practices are consistently applied across all data systems. Customization and scalability As your organization evolves, so do your privacy needs. A vendor with customization and scalability options can adapt their solutions to your specific requirements. This flexibility ensures that your privacy management solution remains aligned with your organization’s growth, allowing you to address new challenges without switching vendors. Dispute resolution services Resolving privacy disputes efficiently is essential to maintaining trust and compliance. Vendors that offer or integrate with third party dispute resolution services enable your organization to handle complaints, questions, and disputes professionally, ensuring timely and fair resolution for data subjects. A comprehensive privacy management solution includes a strong focus on training and awareness. Look for vendors that offer privacy training resources or partnerships to support organization-wide education. Proper training helps embed a , ensuring that employees understand and uphold privacy practices. When challenges arise, having access to responsive support can make a world of difference. Look for vendors with a dedicated support team who are not only responsive but also well-versed in privacy management. Their guidance and expertise should be available when you need it most, ensuring you can navigate any complexities confidently. The privacy landscape is constantly evolving, and so should your vendor. Choose a vendor with a clear vision for the future, including plans for technological advancements, enhanced features, and adaptability to emerging privacy laws. A forward-thinking vendor ensures that your privacy program remains resilient, agile, and future-proof. Build a future-proof privacy program with the right vendor Together, these 20 features create a powerful foundation for an effective privacy management solution. They not only address your organization’s current needs but also provide the flexibility, support, and innovation needed to keep pace with an ever-evolving regulatory landscape. With the right vendor, you can strengthen your privacy program, build trust, and position your organization for ongoing privacy success. Ready to learn more about TrustArc’s privacy management features? TrustArc offers a suite of powerful tools designed to simplify and elevate your privacy management efforts. Here’s a look at some of the key features that can help your organization streamline compliance, reduce risk, and build trust with data subjects: Automated compliance management TrustArc’s automated compliance platform, , is designed to manage complex and constantly evolving compliance requirements across multiple jurisdictions. Continuously updated by privacy experts, it uses controls-based frameworks to identify commonalities across laws, regulations, and standards, eliminating 30% or more of duplicate work and reducing the time and effort required to stay compliant. Automated DSR fulfillment Individual Rights Manager , TrustArc automates the entire data subject request (DSR) fulfillment process, enabling rapid scaling across mobile, web, and app environments according to jurisdictional requirements. Built-in privacy controls, monitored by legal experts, help maintain compliance with changing regulations—even if your team has limited privacy expertise—while documenting compliance and building user trust. Comprehensive research database offers a vast, continuously updated database of privacy and regulatory guidance drawn from over 25 years of legal expertise. Paired with our NymityAI co-pilot, this resource significantly reduces the time you spend on privacy research, allowing your team to focus on proactive compliance while achieving faster, cost-effective results. Data mapping and risk analysis Data Mapping and Risk Manager streamlines privacy operations through automated data flow mapping, risk analysis, and remediation. This tool provides quick access to on-demand compliance reports and audit trails, helping you save time while effectively managing privacy risks. provides a privacy-first, compliant experience for users worldwide with an intuitive, customizable cookie banner. Featuring quick and automated setup, tracker scans, cookie blocking, and categorization, it aligns with global privacy laws and standards to simplify your cookie compliance. Centralized consent and preference management Consent & Preference Manager , you can centralize customer preferences across your brands and digital experiences. This feature provides customizable privacy experiences that are enforced across all marketing and vendor ecosystems, including applications, domains, mobile apps, and connected TV. Trust Center for transparency and compliance enables you to build trust, accelerate sales, and achieve compliance with a no-code hub for all privacy, security, legal, and compliance documents. It serves as a centralized resource for disclosures, policies, and more, providing confidence and transparency to stakeholders. Automated assessment management simplifies data privacy and vendor assessments, consolidating processes with customizable, automated tools to suit your specific needs. This feature streamlines privacy and vendor assessments, helping you maintain efficiency and consistency. These TrustArc features provide your organization with the flexibility, automation, and expert support needed to navigate privacy management with confidence and ease. With TrustArc, you’re not just meeting compliance requirements—you’re building a privacy program that’s resilient, scalable, and ready for the future. Why and How Companies Switch Sick of your current privacy management vendor? Discover TrustArc’s proven process for seamless privacy vendor migration. 12 Ways to Maximize ROI with a New Privacy Vendor Unlock the full potential of your privacy program—explore 12 proven strategies to maximize ROI with the right privacy vendor. ==================================================================================================== URL: https://trustarc.com/resource/what-governance-risk-compliance-grc-tool/ TITLE: What is a Governance, Risk, and Compliance (GRC) Tool? | TrustArc TYPE: resource --- Understanding GRC tools and business today The GRC acronym was created in 2002 by the Open Compliance and Ethics Group to refer to the critical cross-functional capabilities that achieve principled performance. In today’s business landscape, governance, risk, and compliance (GRC) tools have become indispensable for organizations striving to maintain regulatory compliance, identify and mitigate risks, and optimize operational efficiencies. Additionally, and compliance with multiple global privacy regulations, AI specific laws, and emerging AI legislation adds extra work to your existing governance program. But what exactly are GRC tools, and why are they so significant? Let’s explore. GRC is a strategy designed to help businesses address three areas effectively: risk and compliance management, policy and operational management and audit management (continuous improvement and business continuity). It integrates people, processes, and technology to: Identify and streamline risk management (IT and Security risks) Minimize uncertainty, enabling organizations to achieve goals more reliably. Improve decision-making and performance within governance structures. Promote efficient operations by eliminating silos. Identify areas of improvement – internal and external audits and attestations Here’s a closer look at the primary functions of GRC tools: Risk and compliance management GRC tools facilitate the identification, assessment, and monitoring of risks. They enable organizations to develop mitigation plans and evaluate IT networks for potential threats, ensuring that risks are kept in check. How mature is your AI risk management? Policy and operational management GRC tools streamline the creation, maintenance, and enforcement of policies. They provide a centralized platform for easily managing policies, ensuring all organizational practices align with Conducting internal audits and third-party risk assessments becomes more efficient with GRC tools. They automate the audit process, making it easier to track compliance and identify areas for improvement. GRC tools in data governance GRC tools support effective data governance practices by: Automating GRC activities: Reducing manual effort and minimizing human error. Consolidating GRC activities into a single system for a unified view of the organization’s risk and compliance landscape. Facilitating better communication and collaboration across departments. Identifying and resolving risks: Making it easier to identify and resolve potential risks and compliance issues. Providing a single area to record risk assessments and internal audits, streamlining project management. Offering features like risk registers, incident reporting, and compliance tracking. Providing document distribution and tracking features to improve document management. Keeping up with regulatory changes: Ensuring organizations stay up-to-date on regulatory changes. GRC tools in data privacy GRC tools play a vital role in data privacy management: Implement data security measures to safeguard customer information. Adhere to data security and privacy regulations such as and US State Privacy Laws, Identify, measure, and remediate risks across the business. Streamline security and compliance operations. Enhance visibility across the organization. Foster collaboration among departments. select vendors carefully to minimize risks. Transform governance and risk management with the right GRC tools GRC tools are essential for modern businesses aiming to manage their governance, risk, and compliance needs effectively. By understanding the benefits, selecting the right tools, and overcoming implementation challenges, businesses can build robust GRC frameworks that drive success. If you’re looking to streamline your GRC processes, now is the time to consider implementing comprehensive GRC tools. With various processes integrated into a single platform, these tools help organizations reduce uncertainty, improve decision-making, and operate more efficiently. Stay ahead of the curve by integrating GRC tools into your operations, and foster a culture of compliance and risk awareness. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Streamline Your AI Governance Incorporate responsible AI practices to reduce bias and privacy risks, ensuring ethical and compliant AI technologies. ==================================================================================================== URL: https://trustarc.com/resource/compliance-privacy-assessments/ TITLE: Managing Compliance Confidently with Privacy Assessments | TrustArc TYPE: resource --- Privacy assessments address a broad range of compliance requirements No matter what industry you are in, your organization’s size, or your privacy program’s maturity, conducting regular is important to understand and ensure compliance. cover a wide range of legal requirements and best practices and will help build an action plan to identify gaps and define and manage remediation activities. When assessments align with pertinent global privacy laws, they provide a structure for gathering information necessary to determine where your program is most successful and what gaps should be addressed. These assessments can also help companies predict data privacy trends, assign resources appropriately, and resolve the right issues before a violation occurs Stakeholders participating in the process typically learn from the experience and become more engaged and educated about data privacy. As a bonus, a historical record of assessment results can demonstrate a company’s progress along its privacy compliance journey. Key global data privacy research findings about privacy assessments For the past three years, TrustArc has conducted a global state of privacy study to gauge organizational attitudes, actions, and the impact of data privacy management on business. In the 2022 Global Privacy Benchmarks Report findings it’s evident that critical privacy program activities and teams are well established in organizations small to large across Europe and the U.S. Feedback came from senior leadership inside the privacy office, privacy team members, and senior executives across 30 countries. Company size ranged from less than $50 million to over $5 billion in revenue. 26% use privacy audit assessments as the primary (and most popular) method for measuring their privacy programs. 56% use Privacy Impact Assessment (PIAs) completion rates as a key performance indicator (KPI). Privacy Impact Assessments were the least likely area to be completely implemented throughout the supply chain. The key to a successful privacy program The first phase in building a successful compliance program is to review and identify gaps compared with all applicable data privacy regulations and to develop a remediation plan. Some laws you may want to consider include: Conducting a systematic evaluation of how personally data is collected, used, shared, and maintained by your organization provides your team with the greatest opportunity to shape the evolution of its offerings with as few data privacy risks as possible. Proven five-step process for privacy assessments through a serious of questions, identify any personally identifiable information collected or used in the product or processes you are assessing. Map those data flows from the point of collection, storage, and processing. Include any resources involved in processing, retention, and deletion. Also, gather supporting documents such as requirements, specs, database schemas, and any third-party data protection agreements for your data inventory and mapping exercise. Step two: Risk clarification The data inventory is mapped to the relevant products, systems, and business processes and data elements are classified according to purpose, uses, and associated risk levels. Using automated technology, websites and mobile apps are scanned for trackers and technologies and given a Privacy Sensitive Index score, as well as insights into personally identifiable information collection otherwise unknown. Step three: Policy and practices compliance review With expert help, analyze your stated privacy policies and data management practices alongside the applicable frameworks dependent on the nature and location of your organization. This step includes a broad look at risk factors, including those introduced by service providers, vendors, and other third parties throughout your supply chain. Step four: Findings report and gap analysis From the compliance review you’ll receive a findings report and gap analysis outlining the full data lifecycle analysis and risk classification, and describing any gaps found versus the applicable frameworks and against industry best practices. For each gap, TrustArc provides a recommended remediation measure, with required and best practice changes. Step five: Policy and practices change guidance Armed with our gap analysis and remediation recommendations, TrustArc can assist in the development of policies and training programs, provide sample language and templates, and validate remediation steps. Privacy risks affecting organizations Findings from the 2022 Global Privacy Benchmark Survey reveal organizations still have much work to do when it comes to avoiding risk and minimizing violations. In the past three years, the following percent of organizations surveyed suffered: 27% large scale cybersecurity attacks 25% regulatory investigations, actions or fines 24% data privacy lawsuits from consumers 21% adverse media scrutiny due to data privacy practices or breaches ==================================================================================================== URL: https://trustarc.com/resource/10-questions-about-privacy/ TITLE: 10 Important Questions About Privacy | TrustArc TYPE: resource --- What does your organization need to know? New privacy questions arise daily, but these aren’t those. These ten cover the essential data privacy fundamentals your organization should know. 1. What’s the difference between privacy and security are related , they’re not the same. Data privacy deals with what and how data is collected, used, and stored. aims for transparency and compliance with the consent provided by the person when the data is collected. Information is often collected through employment applications, background checks, customer purchase forms, and more. New privacy regulations have been introduced to give people more control over their data and how organizations handle it. The most talked about and not so new is While GDPR continues to be the gold standard internationally, the U.S. privacy landscape is becoming increasingly complex due to a growing number of state-level laws. For example, suppose an organization sells a customer’s data to a third party without the customer’s consent. That could be considered a violation of some of the U.S. and other countries’ data privacy laws. protects an organization’s assets by preventing unauthorized agents from accessing the stored data, systems, and networks. Different regulations (especially for specific industries) often mandate how and when data breaches should be handled and reported. It’s possible to meet security requirements without considering privacy. However, without adequate security, nothing is private. 2. How do you know which regulations apply to your organization? This is typically one of the first questions about privacy organizations want to be answered. And it ultimately depends on what data the business collects. While many may think they are in the clear, it’s easy to overlook such as social security numbers, background checks, or biometric login credentials. Remember, privacy isn’t just for consumers. It protects internal individuals as well. Once you confirm your organization collects and stores personal data (or PII), ask two key questions: What states and countries does the organization conduct business in? Is the organization in a highly regulated industry such as financial services, healthcare, or manufacturing? For organizations operating solely in the U.S. The U.S. doesn’t have a federal privacy law, and the chances of one passing soon seem unlikely. As of mid-2025, twenty states have passed consumer privacy laws creating a patchwork of requirements that businesses must navigate. These state laws vary in scope and strength but share common principles around individual rights, data handling, and enforcement. While each state law introduces nuances, many share core components such as consumer rights, notice requirements, applicability thresholds, and vendor management obligations. This convergence enables businesses to design scalable compliance strategies starting with the highest common denominator and layering in variations for states like Maryland, Minnesota, and Delaware, which impose stricter standards. Some regulations set thresholds based on company revenue or the number of consumer records processed before they apply. While keeping up with twenty state laws may sound overwhelming, most share core privacy concepts that can be addressed through scalable, unified privacy practices If you conduct business in or collect data from residents of any of these states, your organization may fall under one or more of their privacy laws. Additionally, some industries have stringent regulations due to the nature of the data, such as The financial services industry is another highly regulated industry due to collecting social security numbers and other personally identifiable information (PII) necessary to conduct business. Financial services include banks, financial apps, investment, and mortgage services. Insurance and manufacturing are also highly regulated. If your organization operates in any of these industries, it’s likely there are additional data privacy requirements that require your attention. Lastly, it’s important to consider cybersecurity and breach notification regulations. Even if there aren’t privacy regulations mandated where you conduct business, security regulations may be in place. Always consult with an attorney to be sure. For organizations operating internationally, there are many regulations you’ll need on your company’s radar. The most common include the EU’s General Data Protection Regulation (GDPR) and China’s Personal Information Protection Law (PIPL) United Nations Conference on Trade and Development , 137 out of 194 countries have data privacy laws. This includes neighbors of the U.S., Canada, and Mexico, as well as many others, such as Brazil (LGPD), Egypt (PDPL), and Argentina (PDPA). The more globalized the organization, the harder it is to keep up with every active data privacy and security regulation. manual processes are too time consuming and use automated software to determine which laws apply to their business. 3. Are small businesses affected by privacy regulations (and if so, how)? Privacy regulations in the U.S. typically require a business to meet at least one of the following triggers before it must comply with privacy regulations. The most common triggers are: to produce a minimum revenue or sell the data of a specific number of consumers, or a minimum amount of revenue generated from the sale of data. More specifically, current state privacy laws each have slightly different applicability thresholds, which may be based on revenue, the number of consumers’ data processed, or the percentage of revenue derived from data sales. Most state laws set thresholds that exempt many small businesses unless they reach certain criteria, such as having $25 million or more in annual revenue, controlling or processing the personal data of 100,000 or more consumers, or deriving more than 50% of revenue from selling or sharing personal data. remains the most comprehensive and far-reaching, covering the largest number of U.S. residents. has followed with a law that covers the second-largest state population. Other states with robust protections include Small businesses can be subject to privacy regulations but only if they meet a given state’s applicability thresholds. Some newer laws, such as Delaware’s DPDPA and , apply to smaller businesses by setting lower thresholds. , for example, applies to companies processing data for just 10,000 consumers if over 20% of revenue comes from data sales. As a result, even small businesses with targeted marketing operations may fall under compliance requirements. Small businesses and GDPR compliance If your small business operates in any of the 27 EU Member States, chances are good you’ll need to comply with GDPR. Small businesses are not exempt from GDPR – which also covers EU citizens and anyone physically present in the EU when the data is tracked or collected. This means that even if you’re not doing business in the EU, you may manage their data without knowing it if your consumers travel to the EU. The only exception to avoid keeping a written record of your data processing activities for GDPR is if the business has fewer than 250 employees. But, if the processing activities could affect individuals’ rights, or are covered by GDPR or 10, or you process personal data regularly, that exception is unlikely valid. While some privacy regulations understand the burden they could place on small businesses, others prioritize the individual’s right to privacy over economic success. For small companies operating internationally, compliance with privacy regulations can be a significant burden. 4. What are the fines and penalties if an organization doesn’t meet privacy law compliance? As you would expect, the fines and penalties vary greatly depending on the regulation, violation, and number of people impacted. In addition to direct financial costs, businesses must also consider the indirect costs of their reputation taking a hit. A striking 96% of Americans agree that to protect consumers’ privacy stop doing business with a brand due to poor data privacy practices. What is the cost of losing consumers to companies that respect their privacy? It’s hard to define, but it’s a cost you must consider. Various entities enforce U.S. state privacy laws, typically led by each state’s attorney general. Penalties can range from several thousand dollars per violation to millions in aggregate fines—depending on the number of consumers affected, the type of violation, and whether the violation was willful. While fine structures vary by state, penalties often range from $5,000 to $7,500 per violation. Some states, like California, allow for statutory damages in certain cases. Others, such as Virginia and Connecticut, treat violations as unfair trade practices, allowing attorneys general to pursue civil penalties. Beyond California’s active enforcement, Texas has emerged as a serious regulatory force. The Attorney General’s office has already launched high-profile investigations and issued penalties for consent violations and biometric misuse—even before the Texas Data Privacy and Security Act (TDPSA) fully took effect. Expect broader crackdowns across multiple states, especially as more laws go live in the second half of 2025. GDPR divides fines into two tiers. The first tier is for less severe infringements. Fines can be up to 10 million euros or 2% of the organization’s global annual revenue from the previous financial year (whichever is greater). The second tier is for more severe offenses. It can result in fines of up to 20 million euros or 4% of the organization’s global annual revenue from the previous financial year (whichever is greater). For larger enterprises, fines have risen over $100 million euros. For example, Amazon was fined $877 million, WhatsApp was charged $255 million, and Google was fined $102 million for violating consent articles of the GDPR. GDPR also gives data subjects the right to seek compensation from organizations that cause them material or non-material damage. 5. Why should businesses care about data privacy? Beyond regulations, fines, and penalties, as an employer you should keep your employees’ personal data private. Your organization likely has social security numbers, addresses, background checks, and other employee data stored. Who has access to this information? And if it is secure, is it also private? Furthermore, people worldwide are more aware than ever of companies abusing their personal data. Keeping their data private and using it ethically is vital to retain your customers 8 out of 10 customers reported that they’re willing to abandon a brand if their data is used without their knowledge. Is avoiding privacy worth losing 80% of your customer base? Probably not. 6. What organizational departments manage data privacy programs? TrustArc Global Privacy Benchmarks survey findings demonstrate that there is little unanimity regarding where privacy “sits” within an organization. While 36% have IT managing privacy, it also often sits under Operations, Legal, and Finance departments. Many organizations will tie privacy in with their cybersecurity efforts because those systems must be in sync, and some areas overlap. Collaboration with legal is also necessary to stay abreast of changing data privacy regulations. Overall, privacy doesn’t belong in one department. Privacy is the responsibility of everyone in the organization . As businesses and consumers rely more on technology, it’s critical to embed privacy into every decision across the enterprise. One employee’s mistake can become a costly data breach. Train every employee within your organization continuously on company security and privacy practices. 7. What is sensitive data? Across the many data privacy regulations terms like are presented. Depending on the law, there are different specific definitions to describe special classes of data. as any information related to an identified or identifiable natural person. It considers data subjects identifiable if they can be directly or indirectly identified, especially by name, identification number, location data, an online identifier, or other special characteristics. , or special categories of personal data, are subject to a higher level of protection. These data include health, genetic, biometric, racial and ethnic origin, political opinions, religious or ideological convictions or trade union membership. The processing of sensitive personal data is severely restricted in Article 9. When processing personal or sensitive personal data, the organization will most likely need the consent of the data subject or meet one of the other six requirements for lawful processing. The definitions and requirements will vary based on the laws applicable to your organization. At the same time, your organization can likely benefit from some overlap in the laws and requirements. 8. What do organizations need to know about individual rights and data subject access requests (DSAR)? are at the heart of privacy. Rights of the data subject, or consumer rights, are often referred to as individual rights. A data subject is any individual whose personal data is collected, held, or processed. In essence, these are the rights that protect an individual’s data and, in many instances, put control of data into the individual’s hands. Chapter III of GDPR focuses on requirements for individual rights management. There are eight GDPR data subject rights. The right to be informed. Individuals have the right to know what data is collected, how it’s used, how long it will be kept, and whether it will be shared. Individuals can request an organization provide the individual with a copy of any personal data held about them. The right to ratification. Individuals can request that data be updated if an organization holds incorrect or incomplete information about them. The right to erasure/right to be forgotten. Individuals can request that organizations remove their data in certain circumstances. Including when an individual withdraws consent. The right to restrict processing. Individuals can request that an organization limits the way it uses personal data. The right to data portability. Individuals are permitted to obtain and reuse their personal data (provided by contract or consent) for their own purposes across different services. Individuals can object to the processing of personal data collected based on legitimate interest or task performance. Organizations will need to demonstrate compelling legitimate grounds for the processing that overrides the interests, rights, and freedoms of the individual or stop processing the data. Rights related to automated decision making including profiling. There are strict rules in GDPR about this type of processing (making decisions with no human involvement), and individuals can challenge and request a review of the processing. U.S. state privacy laws borrow and adapt many of the individual rights established under GDPR. Most laws include rights such as access, deletion, correction, and the ability to opt out of targeted advertising or data sales. California’s CCPA remains one of the most comprehensive, granting residents a wide range of rights including access, deletion, correction, data portability, opt-out of sales/sharing, and limitations on use of sensitive data. The new wave of privacy laws from states like Texas, Oregon, Maryland, and Florida generally include a baseline of rights while also introducing variations. For example, several states recognize browser-based opt-out signals ( ), and some include the right to contest automated decisions. Some states go even further. Minnesota, for example, allows consumers to contest automated profiling decisions (a right not commonly found in U.S. law). Delaware uniquely includes sensitive categories such as pregnancy status and gender identity, and requires disclosure of third-party data recipients. These distinctions matter when designing DSR workflows and consumer-facing privacy notices. Your organization needs a plan and process for managing . In almost all instances, time is of the essence, and DSRs require a response within a certain number of days (typically 30-45). For a full breakdown of consumer rights by state, TrustArc’s U.S. Privacy Laws infographic is a helpful visual guide. 9. How does data privacy impact marketing and sales teams? Before 2018, detailed tracking through first and third-party cookies enabled marketers to optimize marketing budgets most effectively to increase ROI. Post-2018, GDPR is in effect, and Safari and Firefox automatically block tracking. As a result, that marketers would have to spend around 10-20% more to achieve previous return levels. that 73% of marketers fear privacy concerns will negatively impact their analytics efforts. Year after year, more data privacy regulations are introduced, and the limitations on data collection increase. Organizations can expect to spend more to get the same marketing and sales results without privacy-intrusive methods. The increased spending is likely to result in a lower ROI. The focus will shift from using third-party cookies and data to using first-party cookies and quality data willingly provided to organizations by their consumers. There are many ways your organization can collect data with consent and privacy in mind: Company-created communities Customer lists and databases Webinar and event registrations A shift to first-party data will also require organizations to become more creative and personalized when approaching their audience. To increase engagement, organizations should tailor resources and campaigns to individual preferences. While privacy compliant methods may cost more and take more effort on the front end, the relationships built between your organization and its customers will be stronger and more authentic. 10. What is the best way to enforce data privacy without impeding future innovation? While it may seem like data privacy laws are just another complicated set of regulations your organization must comply with, many people believe privacy is a fundamental human right. Treating privacy like a checklist can lead to innovation setbacks. Privacy shouldn’t be an afterthought for organizations. It’s time to embrace privacy by design. Complying with data privacy requirements after a product is built is complicated and can slow down project timelines. implements privacy and security controls into a product or service at the outset of the planning process. Although there’s no specific set of rules an organization should follow to implement privacy by design, there are a few basics to consider. The first is data minimization. Instead of automatically collecting data, organizations should consider what data is needed and doesn’t need to be collected. When products are designed to collect only the minimum amount of information required, privacy and security risks are reduced Product development teams should also perform privacy and security risk assessments at all stages of development. This approach includes a complete inventory of the type and variety of personal information collected and an end-to-end understanding of data flows for the life cycle of any data. Don’t forget to assess your vendors Privacy by design doesn’t end with internal development – it extends to third-party partners and service providers. Reduce risk by ensuring all vendors meet privacy and security compliance best practices. It’s becoming increasingly common to see new partnerships and vendor agreements include privacy and security requirements in initial contracts. Whether selling to businesses or looking for funding, your partners expect proof of compliance with data privacy regulations Individual consumers are also catching on to companies that use their data irresponsibly. Some companies, such as Apple, use privacy as a competitive differentiator to attract new customers. Data privacy regulations will only impede future innovation if you let them. Organizations that embrace privacy will avoid fines and gain new customers, vendors, and employees who value privacy as a human right. ==================================================================================================== URL: https://trustarc.com/resource/texas-data-privacy-and-security-act/ TITLE: Background Brief: Texas Data Privacy and Security Act | TrustArc TYPE: resource --- Texas has followed California’s lead and adopted the Texas Data Privacy and Security Act (TDPSA), a set of consumer privacy laws similar to the California Consumer Privacy Act (CCPA) giving consumers greater protections for their personal data and more control over how organizations may collect and process that data. TDPSA was signed into law on June 18, 2023, and most of its provisions are effective from July 1, 2024. Texas Data Privacy and Security Act: Key dates – responding to growing demand among Texans for stronger consumer privacy protections like those in California, two Texan Representatives file privacy bills in the House on the same day. Rep. Giovanni Capriglione files (aka the) ‘Texas Privacy Protection Act’ and Rep. Trey Martinez Fischer files (aka the) ‘Texas Consumer Privacy Act’. – both bills are heard during a public meeting of the Texas House Committee on Business and Industry. During his presentation, Rep. Caprigliogne says, “What my bill aims to do is to provide a little bit more regulation, a little bit more oversight, into the information that is being collected on us, about us, every single day without our knowledge – a lot of times without our permission.” As Rep. Martinez Fischer’s presentation is second, he notes, “I fully appreciate and recognize that there might be higher-ups in the federal government that could grade our papers on this, and come up with a solution that can be applied to the entire nation. But unless and until that happens, I think we can’t just sit on our hands and watch time go by.” Reps. Martinez Fischer and Capriglione then collaborate on revising HB 4390 to get it ready for a vote in the House. – Texas House Bill 4390 goes to vote in the House and passes with a unanimous 140-0 vote in favor. – Rep. Martinez Fischer explains to the San Antonio Report why he backed HB 4390 “Data privacy is becoming a big issue. More importantly, as we continue to see pretty much nothing happening in the United States Congress, it’s incumbent upon the states to act.” A statement from Rep. Capriglione published in the same article says: “Today, data privacy initiatives require unique and robust solutions to defend people’s right to privacy. A Texas solution would not burden businesses, but would put Texans first.” – Texas Governor Greg Abbott signs into law the Texas Data Privacy and Security Act. – Texas Data Privacy and Security Act becomes effective. – Additional provision in TDSPA for universal opt-out signals (e.g. Global Privacy Control) becomes effective. Texans’ personal data privacy rights under TDPSA Consumers are defined in the Texas Data Privacy and Security Act as residents of Texas acting as individuals (on their behalf) or a households. This definition excludes individuals acting in a business or employment capacity. is defined as any information “linked or reasonably linkable to an identified or identifiable individual”. This definition of covers pseudonymous data when “the data is used by a controller or processor in conjunction with additional information that reasonably links the data to an identified or identifiable individual. The term does not include de-identified data or publicly available information.” The main personal data privacy rights gained by Texans include: whether a data controller is processing their personal data. their own data held and processed by a controller. Right to data portability , allowing a consumer to obtain a copy of their personal data they’ve previously given the provider. inaccuracies in records of personal data held by a controller. records of personal data held by a controller, whether that data was provided by the consumer, or obtained about them through other means (such as data sharing arrangements). Right to opt-out from processing of personal data , including opting-out from having their personal data processed for sale, profiling and/or targeted advertising. Right not to be discriminated against for exercising privacy rights (the Act also covers consumers’ rights not to have personal data processed in violation of state and federal laws that prohibit unlawful discrimination against consumers). Right to only have sensitive data collected by prior – this provision restricts controllers from collecting or processing any personal data defined as ‘sensitive’. is defined as information about a person’s: Mental or physical health diagnosis Citizenship or immigration status Genetic or biometric data that could be used to identify a person Precise geolocation (i.e. data identifying where a person is located within a radius of 1,750 feet). Consumers can exercise their personal data rights under the Texas Data Privacy and Security Act by lodging requests with data controllers, noting which consumer right/s they want to exercise. Parents and legal guardians of children (defined as children under age 13) can exercise a child’s rights on their behalf. Universal opt-out signals / Global Privacy Control under TDPSA From January 1, 2025, some provisions for consumers to assign (or submit) universal opt-out signals via authorized third parties (for example, via Global Privacy Control) will become effective. Controllers must comply with opt-out requests from authorized agents if they can verify “with commercially reasonable effort” a consumer’s identity and the authorized agent’s authority to act on the consumer’s behalf. The rules for opt-out signals state: “A consumer may designate another person to serve as the consumer’s authorized agent and act on the consumer ’s behalf to opt out of the processing of the consumer’s personal data.” “A consumer may designate an authorized agent using a technology, including a link to an Internet website, an Internet browser setting or extension, or a global setting on an electronic device, that allows the consumer to indicate the consumer ’s intent to opt out of the processing.” GPC and Known User Consent Understand GPC and the regulations that require universal opt-out mechanism compliance. Nymity Privacy Management Accountability Framework A operational structure to comply with the world’s privacy requirements. Which businesses are subject to Texas privacy law? The Texas Data Privacy and Security Act has a very broad definition of business organizations and individuals who must comply with its rules – and unlike similar privacy laws in other states, it does not have thresholds based on revenue or other numbers (such as the size of customer base). The text in Section 541.002 of the TDPSA states the act “applies only to a person” that: Conducts business in Texas; or Produces a product or service consumed by residents of Texas; or Processes or engages in the sale of personal data (note: this part of the definition means more individuals or small businesses are not excluded by the next qualifier; though it is restated anyway); or Is not defined as a small business by the United States Small Business Administration (the SBA defines a small business as “an independent business having fewer than 500 employees”) – “except to the extent that Section 541.107 applies to a person described by this subdivision” Sec. 541.107 states that a person covered by the definitions listed above “may not engage in the sale of personal data that is sensitive data without receiving prior consent from the consumer”. Which organizations are not subject to TDPSA? The Act includes exemptions for several types of organizations under Sec. A541.002 (3)(b), which states its rules do not apply to any: Political subdivision of Texas; or Financial institution or data subject to Title 10 V of the (15 U.S.C. Section 6801 et seq.), which already “requires financial institutions to explain their information-sharing practices to their customers and to safeguard sensitive data”; or Covered entity or business associate already governed by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable federal and state healthcare and medical laws; or Nonprofit organization; or Higher education institution; or Electricity industry organization such as an electric utility, power generation company or retail electric provider. Texas Data Privacy and Security Law compliance obligations The key compliance obligations for controllers subject to TDPSA aim to give Texans more control over how much personal information and what that data is used for. Controllers are required to: of personal information only to what is adequate, relevant and necessary for the stated purposes of processing (i.e. to deliver a product or service). – with a clear, easy-to-understand privacy notice – of their privacy rights, including rights to opt out, the categories of personal information that may be collected, and the purposes of collecting and processing that data. Controllers must also notify consumers with separate notices and gain consent if the controller intends to collect and sell sensitive data or biometric data; or sell personal data for targeted advertising. Not process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers. against a consumer for exercising their privacy rights. Gain a consumer’s informed and unambiguous consent (or in the case of a child under 13, consent from their parent/guardian) before collecting any sensitive data (see notes above outlining Texans’ Personal Data Privacy Rights). of personal data by implementing and maintaining “reasonable administrative, technical, and physical data security practices that are appropriate to the volume and nature of the personal data at issue”. Conduct data protection assessments to reduce risks associated with any of the following: processing data for targeted advertising or profiling, selling personal data, and processing sensitive data. Maintain contracts with any third-party processors that ensure they are also compliant with TDPSA requirements for processing data. Respond to consumer personal data requests within 45 days (in some cases a 45-day extension is allowed). any data breach within two months. Penalties for non-compliance with Texas Data Privacy and Security Law is the only office in Texas with authority to enforce TDPSA compliance. Individuals cannot initiate a private right of action, but they can notify the Attorney General of alleged violations. The Attorney General must give a person (i.e. controller or processor) alleged to violate TDPSA: At least 30 days written notice it intended to take enforcement action – the notice will explain the specific provision/s of the Act that have been or are being violated; and Opportunity to cure the alleged violation/s within 30 days. Cures of alleged violations must be completed within the 30 days and the persona must deliver a written statement to the AG detailing: Action taken to cure the violation/s; Changes made to internal policies (if necessary) to prevent further violations; Notices given to consumer/s whose privacy was violated about the actions taken to address privacy violation/s (if the consumer’s contact information has been made available to the person alleged to violate the Act); An individual or organization failing to cure any violation/s can be fined up to $7,500 per violation. TrustArc solutions for compliance with Texas Data Privacy Laws TrustArc helps businesses manage compliance with all relevant privacy regulations, including the Texas Data Privacy and Security Act. Consent & Preference Manager Honor customer preferences at every touchpoint. Stay up to date on hundreds of global privacy laws, regulations, and standards. ==================================================================================================== URL: https://trustarc.com/resource/consumer-iot-privacy-expectations/ TITLE: What Consumers Expect from IoT Privacy and How to Deliver It | TrustArc TYPE: resource --- IoT adoption is booming, but trust is busted The Internet of Things (IoT) revolution has officially arrived. From smart fridges to fitness trackers to voice-activated thermostats, consumers are rapidly adopting connected devices. A 2023 Utimaco survey found that 38% of consumers use smart devices. And according to Consumers International and the Internet Society , IoT devices are now ubiquitous across markets like the U.S., UK, Canada, and Japan. But while IoT adoption is high, consumer trust is alarmingly low. Only 14% of consumers consider smart devices secure. Over half (53%) distrust them to protect their privacy, and 75% worry that their data is being used by other organizations without permission. 63% of people surveyed find connected devices ‘creepy’ in how they collect data about people and their behaviours. consumers want the convenience of IoT without feeling like they live in a surveillance state. For privacy and customer experience professionals, this trust gap represents both a challenge and an opportunity. The good news is that you can close the gap by designing transparent, privacy-forward IoT experiences. What keeps consumers up at night? Privacy concerns When it comes to IoT, consumer concerns cluster around three themes: Many consumers feel like connected devices are constantly “listening in.” Just ask anyone who’s had a smart speaker respond unprompted during a private conversation. IoT devices often collect detailed behavioral data, which can be aggregated to create highly personalized user profiles, sometimes without the user’s knowledge. Most consumers aren’t sure what data is being collected, where it’s stored, who has access, or how long it’s retained. That ambiguity fuels fear. How to earn trust: Transparency 101 is the backbone of consumer trust. Here are key ways to create a transparency-first IoT experience: Clear privacy notices for connected devices Make privacy policies easy to understand, accessible on all device interfaces, and optimized for small screens. Use plain language to disclose: What personal data is collected. Consent layers and user-centric UX is not a checkbox buried in a setup wizard. It should be: : Start with a simple summary, then provide deeper details for curious users. : Let users toggle consent preferences by data type or feature. : Allow users to change preferences over time. Don’t rely solely on static privacy notices. Use timely prompts to inform users during setup, updates, or new feature rollouts. For example: “This device is requesting access to your location to optimize performance. Would you like to enable this feature now?” Data subject rights in a multi-device world Consumers worldwide are increasingly empowered with legal rights over their personal data, thanks to comprehensive privacy laws like the , which include the right to access, correct, delete, and transfer personal information, are designed to give individuals control over how their data is collected, used, and shared. In a multi-device environment, where data flows between phones, wearables, home assistants, and other devices, honoring these rights becomes exponentially more complex. But respecting data subject requests (DSRs) is more than a regulatory checkbox. It signals to consumers that your brand takes their privacy seriously. Here’s how to do it right: Centralized rights management Implement a centralized system that can: Authenticate users across devices. Retrieve all relevant data. like access, rectification, deletion, and portability. Granular control and real-time sync See which device is collecting what data. Revoke consent for specific data types or devices. Sync preferences across their entire ecosystem. Build in “Do Not Collect” options, factory reset privacy settings, and the ability to disable sensors or wireless connections. Bonus points for device-level privacy dashboards. For more details on engineering privacy into your IoT lifecycle from design to decommission, read: Engineering Privacy into the IoT Product Lifecycle. When complaints come knocking: Responding with empathy and precision Even with robust privacy design, complaints are inevitable. Here are tips for responding to consumer IoT privacy issues: Send a confirmation of receipt and timeline for follow-up. Determine whether the issue stems from a bug, policy gap, or user misunderstanding. Outline what data was collected, why, and how it’s secured. Offer solutions, such as deleting data or disabling features, and explain next steps. Keep detailed logs to show regulators you take complaints seriously. What a trustworthy IoT privacy experience looks like Picture this: a user buys a new smart thermostat. During setup, they see a friendly privacy overview that links to more detailed information. They’re asked for consent to share usage data and can toggle options. Their choices sync to a mobile app, where they can later modify settings or submit a data deletion request. Security features include encrypted communications, two-factor authentication, and regular updates. This isn’t a fantasy. It’s what consumers expect and what leading companies are already doing. To build such an experience, follow this framework: : Privacy policies that are visible, understandable, and accessible. : Strong encryption, secure defaults, and fast patching. : Clear channels for feedback, complaints, and requests. : Internal audits, third-party assessments, and documented controls. TrustArc tools: Your IoT privacy wingman You don’t have to do it alone. TrustArc offers purpose-built tools to simplify privacy management for IoT products: Stay compliant with global cookie and tracker laws (GDPR, CCPA, Quebec’s Law 25, and more) using automated scanning, easy setup, and seamless user experiences. Consent & Preference Manager Capture, sync, and honor consent across channels, brands, and devices. Offer users a centralized portal to manage their privacy preferences at any time. Individual Rights Manager Automate the intake, routing, and fulfillment of DSRs at scale. Our solution supports 183+ jurisdictions and integrates across web, mobile, and app environments. From smart appliances to wearable tech, IoT privacy management doesn’t have to be overwhelming. With the right tools and practices, you can meet global compliance obligations, reduce risk, and build meaningful trust with your customers. So go ahead and close that trust gap one transparent prompt, one thoughtful feature, and one satisfied consumer at a time. ==================================================================================================== URL: https://trustarc.com/resource/webinar-navigating-data-privacy-in-latam-laws-trends-and-compliance-strategies/ TITLE: Navigating Data Privacy in LATAM: Laws, Trends, and Compliance Strategies TYPE: resource --- Navigating Data Privacy in LATAM: Laws, Trends, and Compliance Strategies Latin America is experiencing a significant transformation in data privacy regulation, with countries across the region advancing their own frameworks modelled on global best practices while addressing unique regional challenges. From Brazil’s LGPD (Lei Geral de Proteção de Dados) to Mexico’s Federal Law on the Protection of Personal Data Held by Private Parties and emerging bills in countries like Chile, Argentina, and Colombia, the LATAM privacy ecosystem is evolving rapidly. This complex landscape is shaped by a growing emphasis on individual rights, cross-border data flow considerations, and alignment with international standards like the GDPR. Additionally, LATAM countries are facing increasing pressure to regulate emerging technologies, including AI, amidst a backdrop of varying enforcement capabilities and digital infrastructure maturity. How are LATAM data privacy laws developing in 2025? What lessons can be learned from recent enforcement actions and draft regulations? How can organizations operating in or with LATAM countries build a robust, regionally tailored privacy compliance strategy? Our expert panel will demystify LATAM’s dynamic data protection landscape, offering insights on how to navigate diverse legal frameworks and anticipate upcoming changes. This webinar will review: The current state of data privacy regulations across key LATAM jurisdictions How Brazil’s LGPD and other national frameworks are being enforced and evolving Regional trends in AI governance, FinTech, cross-border data transfers, and cybersecurity Practical strategies for building a LATAM-compliant privacy roadmap for 2025 This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Privacy Knowledge Lead, Law Library, TrustArc Policy Counsel, Global Privacy, Future of Privacy Forum ==================================================================================================== URL: https://trustarc.com/resource/privacycentral-global-privacy-laws-automate-compliance/ TITLE: How PrivacyCentral Helps You Keep Pace with Global Privacy Laws and Automate Compliance | TrustArc TYPE: resource --- Staying compliant with global privacy laws today is like trying to keep your balance on a treadmill that keeps speeding up and is also on fire. The sheer volume and velocity of regulatory change have become a high-stakes puzzle for privacy professionals, particularly those tasked with protecting their organizations from fines, reputational damage, and operational chaos. steps in—not just as a tool, but as a lifeline. The compliance conundrum: Too many laws, too little time , 144 countries have national data privacy laws. That’s over 80% of the global population, roughly 6.6 billion people​. And that’s just the global view. Zoom in on the U.S., and it gets even more complex. State-level privacy laws have increased by 80% in the past year alone, with 16 new laws passed in just three years​. Eight more are set to go into effect in 2025 And AI? It’s the new front line, with 120 AI-related bills introduced in Congress and 45 more at the state level​. Each new law can cost U.S. businesses $15,000 to $60,000 or more to comply with, according to 2023 research by Engine and the University of Michigan Ford School of Public Policy ​. And if you think those numbers sound scary, consider the $100,000 to $300,000 it can take to stand up an entire data privacy infrastructure. That’s not just a line item. That’s a liability and a growing source of regulatory exposure. From panic to program: A better way to manage global privacy compliance Most privacy teams are under-resourced and overwhelmed. They’re forced to interpret, compare, and implement requirements from dozens of frameworks (often PrivacyCentral flips that script. This purpose-built platform reduces the burden of compliance. It reinvents how privacy programs are built, managed, and scaled to help you automate privacy compliance and stay ahead of global privacy laws while reducing legal risk. Here’s how. 1. Cut compliance costs and time with automation PrivacyCentral’s automation isn’t smoke and mirrors. It’s muscle. Assesses your business profile to help analyze which laws and frameworks may apply. Breaks down the requirements of each standard or law for you to assess and measure your organization’s compliance readiness across 140+ global privacy and security laws and standards 20,000+ pre-defined controls. Recommends specific remediation steps and operational templates so you can close compliance gaps efficiently. Instead of spending months decoding new laws or amendments ( or $400–$1,000 an hour on outside counsel ), TrustArc’s in-house experts do the work for you, dynamically updating pre-defined laws and controls on the latest. Plus, you get a customized action plan, centralized evidence, and tracking for compliance readiness and effectiveness—all in one place​​. Think of it like a Waze app for privacy compliance: it shows you the best route and reroutes you in real time as laws change. Discover how much time and budget you could save with PrivacyCentral. Book your personalized demo 2. Harness the power of common controls Here’s the part most privacy laws don’t advertise: some of their requirements are materially similar , especially among U.S. state laws, making it possible to address multiple frameworks with common controls. Common controls can be appropriate administrative, physical, and technical safeguards to protect personal information. PrivacyCentral automates overlap using common controls—materially similar requirements shared across laws like You assess once, and it applies to multiple laws. New requirements, you have an efficient baseline already established. Using common controls drastically cuts duplication, shortens your compliance cycle, 3. Identify gaps and get guided remediation Knowing what’s wrong is half the battle. But, fixing it without compliance work burnout? That’s the other half. PrivacyCentral simplifies both. You answer control questions to assess where you comply and identify your gaps. You receive gap analyses and remediation suggestions aligned with business priorities. You can log your evidence and create, assign, and track tasks for others where needed. Measure compliance readiness and control effectiveness. Benchmark across your organization and report on your compliance. It’s like having your privacy roadmap written for you. Just add action. “TrustArc, through its PrivacyCentral platform, is helping us to identify gaps in our privacy and AI governance programs where we can better document policies, procedures, and notifications to align with requirements around the world.” — Verified G2 User, Information Technology & Services Ready to stop repeating the same tasks across frameworks? Learn how PrivacyCentral streamlines compliance. 4. Demonstrate accountability with real-time KPIs Executives want dashboards. Regulators want evidence. Stakeholders want trust. PrivacyCentral delivers all three: show where your organization stands against specific global privacy laws and overall program goals. measure maturity, effectiveness, and improvement over time. Configure a custom assessment Nymity Privacy Management Accountability Framework (PMAF) standard for privacy maturity model assessment. You can also tailor reports with side-by-side comparisons and trendlines for the boardroom or your next data protection authority review. Plus, TrustArc supports key regulatory audit activities like data protection impact assessments (DPIAs) cross-border data transfer governance AI risk and readiness reviews —ensuring your program remains defensible under scrutiny. Translation? You don’t just check boxes. You show progress and mitigate risk. 5. Scale a privacy program that grows with you PrivacyCentral isn’t just for the Fortune 500. Whether you’re a lone privacy officer or a global matrixed organization, it’s built to scale. Organizational configurability lets you manage privacy across teams, regions, and departments. ensures the right people are making decisions and tracking accountability. means starting small (e.g., CCPA, GDPR) and expanding as your risk profile evolves (e.g., AI, data transfers, ISO, NIST). Case in point: A solo privacy practitioner at a startup used PrivacyCentral to build an enterprise-grade program without adding headcount​. “PrivacyCentral is a great planning tool which helps us plan out the year and helps us understand and prioritize risk.” — Mobile Engagement Software Customer 6. Build confidence, reduce risk, and prove ROI A well-run privacy program is more than a compliance play. It’s a trust accelerator. PrivacyCentral helps reduce: The number of privacy incidents by up to 80%​. The cost of internal and external audits by 35%. The time to compliance from eight weeks to three. Forrester Total Economic Impact study , the platform delivers a 126% ROI over three years, with an NPV of $2.08 million​ That’s not just cost avoidance. That’s business enablement and reputational resilience. “We have found it very helpful for streamlining privacy management without any time spent on understanding the new laws or how to interpret them. Its AI technology helps to analyze the company profile against all laws/policies and implement suitable policies. I also like the TrustArc support team which are technically strong and professionally resolved issues on time.” — Harish, Senior Software Analyst Compliance under pressure: PrivacyCentral as your tactical privacy program partner Your mission, should you choose to accept it: Stay compliant with 140+ privacy laws, avoid millions in fines, and make it all look effortless. Cue the theme music. Fortunately, you don’t have to rappel into a spreadsheet solo. PrivacyCentral is your mission control—complete with automation to help you understand and prioritize risk as privacy program planning and management tool. When the cost of getting it wrong is too high, the right platform makes all the difference. Request a PrivacyCentral demo to take the next step PrivacyCentral = Peace of mind in a chaotic world PrivacyCentral delivers what modern privacy leaders need most: clarity amid complexity and control without compromise. across 140+ national privacy laws, with over 20,000+ pre-defined controls. , cutting the typical $15K–$60K per-law spend through automation and common control mapping. Elimination of manual tracking , replaced with intelligent workflows, pre-mapped controls, operational templates, and real-time dashboards. , with centralized evidence, KPIs, and attestation capabilities to demonstrate accountability. , from foundational compliance to advanced governance across regions, departments, and evolving frameworks. With PrivacyCentral, privacy becomes a . So whether you’re building a program from scratch, managing a multi-jurisdictional rollout, navigating complex risks like AI regulations, or just trying to get your weekends back, PrivacyCentral gives you the confidence, clarity, and control to keep pace with global privacy laws and automate privacy compliance. Because in privacy, standing still means falling behind. And with PrivacyCentral, you’re always a step ahead. Clarity, Compliance, and Control See PrivacyCentral in action and discover how to automate privacy compliance across global laws with real-time insights, scalable workflows, and built-in intelligence. From Overwhelmed to Orchestrated Get the guide on building a scalable, future-ready privacy program before automation. It has clear strategies, practical steps, and zero fluff. ==================================================================================================== URL: https://trustarc.com/resource/what-is-the-eu-digital-markets-act-dma/ TITLE: What is the EU Digital Markets Act (DMA)? Explained | TrustArc TYPE: resource --- (DMA) will apply in the European Union (EU) from May 2023. The overall goal of the new regulation is to ensure dominant tech companies behave fairly online and to monitor practices that might restrict the growth of new and alternate platforms in the digital sector, including those providing online advertising services and third party app stores. The DMA sets out rules to address concerns relating to major online service providers. It introduces regulations in response to the perceived inability of competition laws to tackle specific types of behavior of big digital companies – the so-called ‘gatekeepers’ between smaller EU businesses and consumers. Instead of replacing existing regulations, the DMA works in parallel with EU and national competition laws. Gatekeepers are large online platforms that act as major gateways between businesses and consumers. Because of their size and their offerings, these providers of core platform services often have the power to create their own rules, which may lead to reduced innovation among smaller players and higher prices for consumers. gatekeepers are too important to be left unregulated. Google, Amazon, Facebook, Apple and Microsoft are some of the platforms that fall into the gatekeeper category. Other companies may fall into the gatekeeper category if they offer online intermediation services such as app stores, online search engines, social networking services, certain messaging services, video sharing platform services, virtual assistants, web browsers, cloud computing services, operating systems, online marketplaces and advertising services. to qualify as a gatekeeper a company will: Have a strong economic position, a significant impact on the internal market and be active in multiple EU countries Link a large consumer base to a large number of businesses Have a stable, long-standing position in the market. What are the benefits of the DMA? The goal of the DMA is to create a level playing field for businesses operating within the EU to grow and compete globally . To date, this has not always been the case. For example, when a gatekeeper engages in practices such as favoring their own services or preventing business users of their services from reaching consumers, it can prevent competition. This can lead to less innovation, lower quality and higher prices. If a gatekeeper imposes unfair access conditions on using their app store, for example, or prevents installation of apps from other sources, consumers are likely to pay more or are effectively deprived of the benefits alternative services might have delivered. Under the DMA, gatekeepers will still be able to innovate and offer new services. They will simply not be allowed to use unfair practices towards the businesses and customers that depend on them, to gain an undue advantage. Businesses that rely on gatekeepers in order to offer their services will be able to operate in a fairer business environment Tech start-ups will have enhanced opportunities to innovate and compete online There will be a greater number of better services for consumers to choose from There will be increased opportunities to switch providers and gain services at fairer prices. How will the DMA impact gatekeepers? The DMA sets out a list of dos and don’ts. Gatekeepers must comply with these in their daily operations. The DMA requires gatekeepers to: Allow communication between businesses and consumers Ensure price and fee transparency in ad intermediation services Allow consumers to easily change default settings and/or uninstall any software apps on an operating system (OS), unless it would compromise the OS Allow the installation and use of third-party apps or app stores, unless it would compromise the OS Provide businesses with real-time access to their data generated on the platform Provide other online search engines with fair, reasonable and non-discriminatory access to ranking, query, click and view data generated by consumers on their online search engines. The DMA prohibits gatekeepers from: Processing consumers’ personal data collected from third-party services for the purpose of providing online advertising services, without prior consent Reusing personal data collected during a service for the purposes of another service, without prior consent Preventing businesses from offering their products and services under different prices and conditions on their own sales sites, as well as on third-party platforms Requiring users to use certain platform services Using businesses’ non-public data to compete against them Ranking gatekeeper products or services higher than those of other businesses. Gatekeepers that fail to comply with these obligations and prohibitions may be faced with fines of up to 20% of their global worldwide revenue , with the enforcing Data & Marketing Commission also holding the right to block acquisitions by repeat infringers. What is the timeline for the Digital Markets Act? The DMA will apply from May 2, 2023. Providers of core platform services that meet gatekeeper criteria and are operating in the EU then have two months (until July 2, 2023) to submit a notification to the Data & Marketing Commission. Following this, the commission may designate a company as a gatekeeper. Alternatively, a market investigation may be required if the evidence submitted shows a company does not meet DMA gatekeeper criteria. Digital Markets Act obligations and prohibitions will apply within six months of the gatekeeper designation, expected to be from March 2024. FAQ section EU Digital Markets Act (DMA) Q1. What is considered a relevant core platform service under the DMA? A1. A relevant core platform service includes platforms like third party app stores, online search engines, operating systems, and providing online advertising services. Q2. How does the DMA affect app developers? A2. The DMA ensures app developers can distribute apps without unfair restrictions from gatekeepers and gain equal access to third party app stores. Q3. Who enforces the DMA in the EU? A3. The Digital Markets Advisory Committee works with national competition authorities across the European Union to enforce DMA compliance. Q4. Are Google services considered gatekeepers? A4. Yes, Google services fall under the gatekeeper classification due to their dominance in multiple digital sector verticals. Q5. What is the role of national authorities under the DMA? A5. National competition authorities support DMA implementation and enforcement alongside the central Digital Markets Advisory Committee. ==================================================================================================== URL: https://trustarc.com/resource/data-minimization-gdpr-ccpa-privacy-laws/ TITLE: Compliance Brief: Data Minimization under GDPR, CCPA and other Privacy Laws | TrustArc TYPE: resource --- Businesses must become significantly more disciplined in how they collect and use data. Excessive data collection is not only inefficient but also introduces legal and reputational risk. The need for more responsible data practices has been evident for some time. As early as 2017, publications such as highlighted the growing tension between the rapid expansion of technology companies and increasing public concern over privacy and regulatory oversight. In response to these concerns, major legislative actions followed. The European Union’s General Data Protection Regulation (GDPR) became enforceable on May 25, 2018. It established comprehensive data rights for individuals, including the right to limit how their data is processed and the right to request its deletion. A foundational principle of GDPR is data minimization—collecting only what is necessary for a specific purpose. Soon after, California enacted the Consumer Privacy Act (CCPA) on June 28, 2018, with enforcement beginning July 1, 2020. The CCPA introduced similar protections for personal data and became the first U.S. law to explicitly include data minimization as a compliance requirement. Data minimization requirements in privacy regulations worldwide While many enforcement actions of privacy regulations focus on privacy breaches and/or misuse of personal information, investigators also look for compliance with data minimization principles, which are now standard in many regulations. These principles were put in place to address data hoarding and focus on: Breach exposure minimization – minimizing the amount and detail of any personal information that could be stolen in breach – restricting data collections to information that is provably necessary for stated purposes. Mostly this should mean for the stated purposes of delivering personalized customer experiences – limiting collection of personal data only from consumers who have given informed and explicit consent for its collection, processing, sharing, and sale. Questions to ask about personal data collected by your organization: Is it mapped and tracked throughout its lifespan? Can the business quickly identify the locations of each piece of personal information collected and track its use history, including every instance of how it was accessed and processed – and why each activity was necessary? Does the personal data collected contain enough (but not more than enough) information to help your business identify the individual and sufficiently deliver a personalized service (stated purpose)? Is it clear how each piece of personal information is relevant to fulfilling the stated purpose? Is it limited to what is necessary? Does the data collection only capture information needed for the stated purpose – and no more than is probably necessary? Is it still useful and do you still have permission to store it? Is the information contained in a collection of personal data up-to-date and accurate or has it passed its acceptable and/or permitted use-by date? Is the data protected by access controls and other cybersecurity measures to prevent unauthorized and unlawful use, or accidental loss or damage? Is access controlled based on permissions? Does each data system, staff member, third party, or business partner only have access to the data they are explicitly permitted to access – and only what is adequate, relevant, and necessary for them to fulfill a permitted task (and nothing else)? EU GDPR made data minimization a key principle The EU’s GDPR sets a standard for privacy that gives EU citizens strong privacy rights, especially more visibility, and control of how organizations may collect and use their personal information. Data minimization is listed in as one of seven principles relating to the processing of personal data: Lawfulness, fairness, and transparency Integrity and confidentiality The data minimization principle is explained by the European Data Protection Supervisor ‘The principle of “data minimisation” means that a data controller should the collection of personal information to what is directly ‘They should also retain the data only for as long as is necessary to fulfill that purpose. In other words, data controllers should collect only the personal data they really need, and should keep it only for as long as they need it. data minimisation principle is expressed in Article 5(1)(c) of the GDPR and Article 4(1)(c) of Regulation (EU) 2018/1725, which provide that personal data must be “ limited to what is necessary for which they are processed”.’ UK data protection rules on data minimization similar to EU GDPR UK Data Protection Act (2018) was updated post-Brexit with a set of rules that closely follow those of the EU GDPR. As a result, UK citizens have stronger personal data and sensitive personal data privacy rights, including more control over how organizations may collect and use their personal data. UK GDPR data protection principles match all seven of those listed in the EU GDPR (see above). The data minimization principle is explained by the UK Information Commissioner’s Office You must ensure the personal data you are processing is: – sufficient to properly fulfil your stated purpose; – has a rational link to that purpose; and limited to what is necessary – you do not hold more than you need for that purpose. Article 5(1)(c) says: “Personal data shall be: (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation)”. So you should identify the minimum amount of personal data you need to fulfil your purpose. You should hold that much information, but no more.’ Data minimization in the United States In the United States, data minimization is emerging as a common principle across state consumer privacy laws, though its implementation varies widely. Generally, these laws require that businesses limit the collection, use, and retention of personal data to what is reasonably necessary and proportionate to achieve specified purposes. However, most U.S. laws provide broad flexibility, allowing businesses to define those purposes as long as they are disclosed to consumers. This approach contrasts with more prescriptive models like the EU’s GDPR, which imposes stricter purpose limitations. Notably, states such as California, incorporate data minimization as a foundational obligation, but still permit processing for a range of operational needs. Maryland, by contrast, has adopted a narrower standard, restricting data processing to what is necessary for the specific product or service requested by the consumer—signaling a possible shift toward more restrictive U.S. interpretations of data minimization. Below are summaries of data minimization requirements in two key U.S. states, California and Maryland, which illustrate the varying approaches to this principle. The CCPA, which was amended by the California Privacy Rights Act ( ), led the way in the U.S. with the first comprehensive state privacy regulation to give consumers enforceable rights over how – or whether at all – businesses collect, process, store, share or sell personal data. The amendments under CPRA place more restrictions on collection, storage and use of sensitive personal information, and include ‘General Duties of Businesses that Collect Personal Information’ which accompany requirements for informing consumers of purposes for data collection: – 1798.100 (a) (1): “A business shall not collect additional categories of personal information or use personal information collected for additional purposes that are incompatible with the disclosed purpose for which the personal information was collected without providing the consumer with notice consistent with this section.” (Note: subsection (a) (2) uses practically the same words as the rule above, applying them to ‘sensitive personal information’.) – 1798.100 (a) (3) “The length of time the business intends to retain each category of personal information, including sensitive personal information, or if that is not possible, the criteria used to determine that period provided that a business shall not retain a consumer’s personal information or sensitive personal information for each disclosed purpose for which the personal information was collected for longer than is reasonably necessary – 1798.100 (c) “A business’ collection, use, retention, and sharing of a consumer’s personal information shall be proportionate to achieve the purposes for which the personal information was collected or processed, or for another disclosed purpose that is compatible with the context in which the personal information was collected, and not further processed in a manner that is incompatible with those purposes. Businesses must also ensure third parties, contractors and commercial partners comply with CCPA rules, including data minimization requirements. Maryland’s data minimization requirements, introduced under the Maryland Online Data Privacy Act of 2024 (MODPA) , take a more stringent and prescriptive approach compared to other U.S. consumer privacy laws. Unlike frameworks such as the CCPA or Colorado Privacy Act, which generally require that personal data collection be limited to what is “reasonably necessary” for disclosed purposes, MODPA mandates that businesses only collect, process, and retain personal data that is “reasonably necessary and proportionate” to provide or maintain a specific product or service requested by the consumer. This narrower scope restricts the use of personal data for broader business purposes—such as analytics, product improvement, or advertising—unless the consumer has explicitly requested the service that requires such processing. MODPA’s approach reflects a shift toward a more EU-like, purpose-limited model of data governance, elevating the standard for necessity and limiting the discretion businesses typically have under other U.S. laws. For a closer look at MODPA’s unique provisions and how they compare to other U.S. state laws, read our overview of Maryland’s Online Data Privacy Act’s Novel Approach to Consumer Privacy Data minimization is no longer optional From the EU’s GDPR to California’s CCPA and Maryland’s MODPA, one principle is increasingly consistent: collect less, prove purpose, and protect what you process. Data minimization is a strategic imperative that aligns privacy, security, and efficiency. For privacy professionals, this means moving beyond awareness into operational excellence. Mapping data lifecycles, documenting necessity, and embedding minimization logic into product and service design aren’t just best practices—they’re risk reducers and trust builders. As more jurisdictions sharpen their stance on what’s “reasonably necessary,” organizations that over-collect or under-document may find themselves on the wrong side of enforcement and public sentiment. Now is the time to treat data like a critical resource, not a limitless asset. Ask hard questions. Trim the excess. Architect for purpose. Because when less is truly more, your privacy program is doing its job. Map Smarter. Minimize Risk. Automate data discovery, mapping, and risk scoring across your systems and vendors. Instantly generate ROPAs, flag high-risk flows, and take action all in one intelligent workspace. Regulatory Research, Done for You. Stay ahead of evolving privacy laws with curated legal analysis, alerts, and cross-jurisdictional summaries without relying on costly counsel or endless hours of digging. ==================================================================================================== URL: https://trustarc.com/resource/what-is-cookie-consent-privacy-centric-guide/ TITLE: What is Cookie Consent? A Privacy Centric Guide for Businesses | TrustArc TYPE: resource --- Brief introduction to cookies and privacy Cookies are small data files stored on a user’s device by a website to remember information about the user, such as login details, preferences, and browsing activity. They play a vital role in enhancing the user experience by personalizing content and remembering user settings. For example, when you return to a shopping website and see your cart items saved, that’s a result of cookies in action. Despite their convenience, cookie use regularly comes under regulatory scrutiny. An increasing number of privacy laws and regulatory guidance address especially concerning sensitive personal data. Privacy implications of cookies Cookies can significantly impact user privacy due to their ability to track and store personal data. Here are some of the key privacy risks associated with cookies: tracking of user behavior across various websites, leading to detailed profiles that can reveal preferences, habits, and other personal traits. This tracking is often used for targeted advertising, which many users may find intrusive. Cookies can store a broad array of personal data, from usernames and email addresses to browsing history, which third parties may access without explicit user knowledge or consent. Cookies are susceptible to various attacks, such as cookie poisoning and cross-site scripting (XSS), potentially granting unauthorized access to user data. To protect user privacy, many jurisdictions have introduced regulations requiring transparency in data collection practices. For example, the require that websites obtain informed consent from users before placing cookies, except for those strictly necessary for site operation. This requirement ensures users have control over their data and are aware of what is being collected. Essential vs. non-essential cookies Essential cookies are necessary for a website or online service’s fundamental operations. They support core functionalities that help the site run smoothly, such as ensuring security, managing network traffic, and enabling accessibility features. Without essential cookies, users might not be able to perform critical tasks on a website, like logging in, navigating content, or completing purchases. Essential cookies include those that: Remember items added to a shopping cart during a browsing session, Authenticate users to secure accounts, Support load balancing to manage web traffic and maintain site performance, Maintain user session states to keep users logged in. Generally, essential cookies do not require user consent, as they are necessary to provide the service requested by the user. For instance, cookies that ensure the security of a site or enable basic communication fall under essential use and can be implemented without prior consent. While helpful, non-essential cookies are not required for a website’s basic functioning. They serve additional purposes, such as tracking user behavior, profiling preferences, and supporting targeted advertising efforts. These cookies often enhance the user experience by personalizing content, but their use raises privacy considerations as they collect and process personal data. Non-essential cookies include those used for: Analytics to track site performance and user behavior, Advertising to display targeted ads and measure ad effectiveness, Social media plugins to connect with platforms and share content, User tracking across multiple sites for profiling and behavioral analysis. Non-essential cookies require explicit user consent before they can be placed on a device. This consent must be freely given, informed, and specific, and obtained through a clear affirmative action, such as checking a box or clicking an “accept” button. These requirements ensure that users are aware of and actively agree to the collection of their data for non-essential purposes. Users must be fully informed about the types of cookies used, their purpose, and any entities involved. Consent must be voluntary, and users should have the option to refuse non-essential cookies without adverse effects. Users should be able to consent to different types of cookies, such as functional, analytical, or advertising cookies. Consent must be obtained through an explicit action by the user, like clicking a button or ticking a box, rather than relying on pre-ticked boxes. Users should have the ability to withdraw their consent easily at any time. These principles give users greater control over their personal data and ensure transparency in data collection practices. Requires users to take an explicit action, like checking a box, to agree to data processing before it occurs. This is often mandatory for sensitive data under data protection laws like GDPR. Assumes user agreement unless they take action to refuse. It’s generally applied in less sensitive contexts and where it’s customary for users to expect such processing. Opt-out consent is used to comply with US consumer privacy laws. Involves informing users about data processing without requiring any action. This is typically used where consent is not legally required or the processing is essential for providing the service. Each method has its place depending on data sensitivity, user expectations, and regional laws. Commonly used in the EU and UK, these visible notifications request user consent, often with options to accept or customize settings. Full-page overlays that require user interaction with consent options before accessing the website. Pop-up windows that present detailed cookie options and allow users to consent to specific types of cookies. Users can adjust their browser settings to manage cookie preferences. Persistent icons or links on the website allow users to access cookie settings at any time and support easy withdrawal of consent. These mechanisms ensure users are fully informed and can make a clear choice regarding the use of cookies. is nuanced and varies by region. Several jurisdictions have established frameworks to govern cookie use and ensure user privacy. Here are some key laws and regulations from around the world: The ePrivacy Directive applies across the European Union and mandates that websites obtain informed consent before placing non-essential cookies on a user’s device, except for essential cookies that are strictly necessary for providing a service explicitly requested by the user. The Directive, often implemented alongside the , defines the conditions for valid consent, which must be informed, specific, and provided through clear affirmative action. This means that websites must be transparent about cookie types and their purposes, and consent cannot be implied or achieved through pre-ticked boxes. UK GDPR and PECR (Privacy and Electronic Communications Regulations) Privacy and Electronic Communications Regulations (PECR) , which is generally speaking, considered the UK-equivalent of the EU’s ePrivacy Directive, requires consent for the placement of non-essential cookies. Consent under the PECR must meet the conditions for valid consent under the (which is similar to the EU GDPR) – consent must be freely given, specific, informed, and unambiguous, and provided by a statement or clear affirmative action taken by the individual. The Information Commissioner’s Office (ICO), the UK’s data protection regulator, confirms that consent must be obtained for all non-essential cookies (e.g., social media trackers and plugins, cross-device tracking, advertising, and analytics). The use of pre-ticked boxes, silence, or continuing to use a website does not constitute valid consent. Most U.S. States with modern privacy laws require implied consent. When it comes to obtaining consent, most enacted modern US state privacy laws impose prescriptive obligations on businesses. Most U.S. laws mandate that consent must be freely given, specific, informed, and unambiguous. Simply closing a banner or popup window without indicating a preference does not constitute valid consent. Quebec’s Personal Information Protection and Electronic Documents Act (PPIPS) , organizations are required to inform individuals about the use of technologies that collect personal information, including cookies, and provide clear instructions on activating these functions. Opt-in consent is required for tracking, localization, or profiling technologies. Consent must be clear, freely given, informed, and specific. Cookie banners must be displayed primarily in French – any additional language must not disrupt or interfere with the French content. Saudi Arabia’s Personal Data Protection Law (PDPL) mandates that organizations obtain consent before processing data through cookies. This consent must be freely given and not acquired through misleading methods. Individuals must be informed about data processing activities, including the identity of the data controller, the purpose of data collection, and any third-party disclosures. Each of these laws emphasizes the importance of transparency, user control, and affirmative consent in cookie management. By adhering to these regional requirements, organizations can better ensure compliance and foster user trust across diverse regulatory environments. Want to simplify cookie compliance across global privacy laws? Meet Global Cookie Compliance eBook to get actionable guidance on consent strategies, regulatory requirements, and how to implement a scalable, user-friendly cookie management program. Do all websites need a cookie policy? A cookie policy is a valuable tool that enhances transparency by explaining a website’s cookie usage to visitors. Even if a website only uses essential cookies (which are typically exempt from consent requirements), having a cookie policy is advisable to demonstrate a commitment to transparency. A good cookie policy should provide: : Clear information about the types of cookies, their purposes, and who is setting the cookie. : Guidance on managing or disabling cookies. Clear and informed consent: The solution should provide comprehensive information on cookies, allowing users to actively agree. Granular consent options: Users should be able to consent to specific types of cookies individually. Easy withdrawal of consent: There should be a straightforward method for users to withdraw consent. Ensure the solution complies with relevant laws, including support for signals like Consent banners should be neutral, avoiding any design that nudges users toward consent without clear understanding. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Q2. What does ‘explicit consent’ mean under GDPR? Explicit consent requires users to clearly agree to data collected through cookies, particularly non-essential or third party cookies. Consent must be informed, freely given, and documented. Q3. How does the GDPR impact cookie usage? Q4. Are cookie policies required for all websites? Q5. What is a cookie management platform? ==================================================================================================== URL: https://trustarc.com/resource/privacy-powerup-privacy-program-management/ TITLE: Privacy PowerUp | TrustArc TYPE: resource --- Proven Tips and Strategies to PowerUp Your Privacy Program Management Privacy professionals face an intricate web of regulations, risks, and technologies that demand expertise and adaptability. The Privacy PowerUp Ebook is your comprehensive guide to mastering foundational privacy concepts and advancing your career. This expertly crafted resource offers practical insights into managing personal data, achieving compliance, and implementing privacy best practices. Whether you’re a beginner or looking to enhance your expertise, this ebook equips you with the knowledge and tools needed to excel in the evolving field of privacy. Understand privacy fundamentals: , individual rights, and privacy by design to build robust programs. Implement effective privacy practices: Explore step-by-step guidance on data inventories, risk assessments, and privacy-first culture. Address emerging challenges: Stay ahead of trends in AI, machine learning, and international compliance requirements. “Privacy is not just a legal obligation—it’s a competitive advantage. Empower your organization to build trust and drive innovation.” ==================================================================================================== URL: https://trustarc.com/resource/navigating-apac-data-privacy-laws-compliance-survival-guide/ TITLE: Navigating APAC Data Privacy Laws: A Compliance Survival Guide for the Digital Jungle | TrustArc TYPE: resource --- The APAC region is a data privacy paradox: unified in urgency, diverse in execution. From the minimalist elegance of Japan’s privacy reforms to the labyrinthine logic of China’s cybersecurity mandates, businesses operating across Asia-Pacific are surfing a tsunami of shifting standards. Sound overwhelming? You’re not alone. But with the right approach and the right partners, you don’t need to fear the data deluge. You just need a privacy surfboard that can ride the waves. Why APAC matters more than ever APAC isn’t just a growth market; it’s the growth market. Home to 60% of the world’s population and some of the fastest-growing digital economies, the region is both a playground and a pressure cooker for data-driven innovation. And where data goes, regulation follows. The APAC region is now home to three waves of The early birds, Australia, New Zealand, and Hong Kong, built frameworks rooted in as far back as the 1980s and ’90s. Countries like Japan, South Korea, and Singapore added their own spin in the 2000s and 2010s, blending local law with emerging global standards. Inspired (or pressured) by , China, India, Thailand, Indonesia, and Vietnam have surged ahead with more assertive, sometimes nationalistic laws in the last five years. The result? A regulatory kaleidoscope; beautiful in its ambition, bewildering in its complexity. Meet the majors: Top APAC markets and their data privacy laws The APAC region is no monolith. It’s a mosaic of legal frameworks, each evolving at its own pace. Here’s a rapid-fire rundown of the most influential APAC economies and their primary data privacy regimes: China – Personal Information Protection Law (PIPL) China’s GDPR-inspired law is strict on cross-border data transfers, mandates security assessments, and tightly controls the processing of “sensitive” and “important” personal data. India – Digital Personal Data Protection Act (DPDPA) allows cross-border transfers, with caveats. “Significant Data Fiduciaries” (think big tech) may face localization requirements, especially for financial, health, and government data. Japan – Act on the Protection of Personal Information (APPI) One of Asia’s most mature frameworks. aligns closely with GDPR and was updated recently to clarify cross-border transfer rules and respond to AI-related challenges. South Korea – Personal Information Protection Act (PIPA) Highly enforcement-focused. Recent amendments enable the use of personal data for AI training under public interest grounds, pending regulator review. Singapore – Personal Data Protection Act (PDPA) balances innovation and privacy. It promotes trust-based transfers, recognizes Global CBPRs, and issues detailed AI governance frameworks like AI Verify. Australia – Privacy Act 1988 (amended 2023) Originally based on OECD principles, now undergoing transformation. A second round of amendments is expected in 2025 to bring the Act closer to GDPR parity. Vietnam – Personal Data Protection Law Decree No.13/2023 (PDPD) , one of the strictest in Southeast Asia, requires prior security assessments for transfers and recognizes only limited transfer mechanisms. Indonesia – Personal Data Protection Law (DPDL) Modeled loosely after GDPR, Indonesia’s comprehensive data privacy law is still being operationalized. Provisions on cross-border transfers and consent are evolving quickly. Philippines – Data Privacy Act of 2012 Grants residents data privacy rights and established the National Privacy Commission to oversee compliance. Recognizes CBPR and is stepping up enforcement. Malaysia – Personal Data Protection Act (PDPA) (amended 2024) to enhance breach notifications and clarify data transfer rules. Sector-specific guidelines for financial and health data are expected. Top five compliance challenges across APAC Let’s face it: privacy pros in APAC aren’t losing sleep over one unified problem. They’re playing a game of regulatory whack-a-mole across multiple jurisdictions. 1. Cross-border data transfers: The great wall of worry Whether you’re transferring customer profiles to a CRM hub in Tokyo or syncing AI models in Singapore, one truth holds: no two countries handle transfers the same way. only allows transfers after filing a security assessment. requires security assessments, certifications, and standard contracts, but with caveats around “important” and “core” data. flip-flopped from mandatory localization to free-flow, and back to partial localization depending on whether you’re a Significant Data Fiduciary (SDF). Conduct Transfer Impact Assessments (TIAs), use standard contractual clauses (SCCs) when possible, and prepare for sudden policy pivots, especially in India and China. 2. Data localization laws: A game of inches Localization isn’t dead. It’s decentralized. While are doubling down on requiring at least partial local storage for sensitive sectors like finance and health. Know your sector. Finance, healthcare, and public contracts are the hot zones for localization obligations. 3. Regulatory enforcement: The mood swings are real wield large fines with a firm hand. prefers a “soft start” with guidance before getting litigious. is getting tougher. The country recently amended its Privacy Act and is expected to enforce it more aggressively in 2025. Don’t let leniency lull you into laxity. Assume every data protection authority has teeth—even if it’s currently smiling. 4. AI governance: The algorithm awakens leads with soft guidance and sandboxes (e.g., AI Verify). enacted the Basic AI Act. is already regulating generative AI, especially on models trained on Chinese data. Use risk-based AI impact assessments and document your model’s lifecycle. Transparency isn’t just ethical; it’s strategic. 5. Biometrics and youth data: The next frontiers Regulators are increasingly focused on biometric data and children’s privacy. has a dedicated biometrics code. is drafting a Children’s Privacy Code with age verification. already mandates strict youth data protections. and child-friendly UX. If your app feels like TikTok, expect TikTok-level scrutiny. Enforcement trends to watch in 2025 In case you were hoping things would chill out—spoiler alert—they won’t. More hard laws on AI governance (e.g., Japan, Vietnam, Australia). Localized implementation plans for India’s DPDP Act and Vietnam’s newly passed personal data protection law. Greater scrutiny from non-privacy regulators, like trade ministries and finance authorities, especially in cross-border and cloud outsourcing contexts. Practical steps for staying ahead Think of APAC privacy like Formula 1 racing: the better your brakes, the faster you can go. Here’s your pit crew’s checklist: 1. Map and classify your data . Know what you’re collecting, where it’s stored, how it flows, and who has access. 2. Perform risk-based assessments cross-border transfers, AI deployments , and biometric processing. Document everything. 3. Update your DPAs and privacy notices Make sure your Data Processing Agreements (DPAs) and policies align with region-specific obligations, including localization clauses. 4. Adopt interoperable frameworks Consider certifications like the , which enables trusted transfers and can offer a regulatory trustmark in APAC. TrustArc is a recognized accountability agent, making it easier to operationalize this strategy. 5. Use privacy-enhancing technologies (PETs) Start evaluating differential privacy, homomorphic encryption, and federated learning for use cases in AI, analytics, and ad tech. A word on the DOJ Bulk Transfers Rule (Yes, it matters in APAC) If your organization is U.S.-based or deals with U.S. data, the could dramatically impact how you engage with entities in China, Hong Kong, or Macau. It restricts access to “bulk sensitive personal data” by countries of concern, including through third parties. This is about national security, and it will shape vendor selection and data strategy across the region. Strong privacy programs win the long game APAC’s privacy landscape isn’t easy. But it’s also not optional. In a world where consumer trust is currency, getting privacy right is a growth strategy. As the regulators get sharper, the tools get better, and the penalties get steeper, the organizations that win will not be the ones that wait; they will be the ones that prepare. So, whether you’re launching in Jakarta or scaling in Seoul, remember: privacy isn’t a brake. It’s your turbocharger. Ready to super charge your privacy program in APAC? assess, certify, and scale with confidence, every step of the way. Map Smarter. Manage Risk Faster. Automate data discovery, mapping, and ROPAs—plus flag vendor risk in real time. Stay audit-ready and globally aligned, without the busywork. Assessments Without the Spreadsheets. Run DPIAs, PIAs, and vendor reviews with automated logic, built-in templates, and audit-ready reports. Less chasing. More compliance. ==================================================================================================== URL: https://trustarc.com/resource/choosing-privacy-program-certifications/ TITLE: Privacy Certification Guide | TrustArc TYPE: resource --- Choosing the Right Privacy Certification for Your Privacy Program Unlock Global Trust: Choose the Right Privacy Certification for Your Program From GDPR to AI governance, the privacy landscape is complex and constantly shifting. This comprehensive guide from TrustArc helps privacy leaders decode the alphabet soup of certifications, validations, and verifications. Whether you’re scaling globally or fortifying local practices, this guide is your roadmap to proving compliance, building trust, and accelerating growth. Do more than talk about privacy. Certify it. Learn the difference between certifications, validations, and verifications—and why it matters. Discover how TrustArc’s certifications map to global laws like GDPR, CCPA, and the EU AI Act. Choose the right privacy assurance pathway for your business goals, risk profile, and regulatory obligations. “Privacy certifications aren’t just for show. They’re strategic trust signals that reduce risk, speed up sales, and power global growth.” ==================================================================================================== URL: https://trustarc.com/resource/power-data-privacy-certifications/ TITLE: The Power of Data Privacy Certifications: Building Trust and Competitive Advantage for Your Business | TrustArc TYPE: resource --- As our global business landscape grows ever more complex, privacy and data protection have moved from the background to the forefront of consumer and business conversations. Data privacy certifications are increasingly vital to demonstrate commitment to regulatory compliance, build trust, and differentiate in a crowded marketplace. For businesses operating in today’s data-rich environment, privacy certifications are no longer optional. They represent a proactive approach to managing data responsibly and mitigating risk while serving as a critical competitive advantage Why do data privacy certifications matter? Privacy certifications act as independent verification of a company’s adherence to global privacy standards, achieved through rigorous, technology-driven audits. They serve as a powerful testament to a business’s commitment to upholding data privacy and security, reducing legal and financial risks, and protecting an organization’s reputation. When businesses display a data privacy certification, they signal to customers, partners, and regulators alike that data protection is a priority and not merely a compliance checkbox. In an era where privacy is a default consumer expectation, companies are tasked with managing a myriad of complex regulations, from to frameworks specific to regions or industries. Privacy certifications help enterprises demonstrate compliance in a trusted, standardized way that builds confidence among stakeholders and positions them as leaders in privacy and security. Key benefits of privacy certifications Privacy certifications, such as those offered by TRUSTe, validate that an organization’s practices meet the requirements of specific privacy regulations and frameworks . This is increasingly essential in today’s regulatory landscape, where failure to comply can result in hefty fines and legal repercussions. Certifications offer organizations a clear, structured path to compliance, making it easier to meet regulatory demands and proactively address evolving privacy laws. Data protection bad practices and non-compliance with privacy laws can be devastating to an organization. Certifications reduce the risk of such incidents by ensuring that robust data protection practices are in place and providing organizations with a cross-border data transfer mechanism that meets global standards, including the new Global Cross-Border Privacy Rules (CBPR) framework Additionally, the certification process itself helps ensure legal compliance by highlighting specific areas that need attention and offering actionable insights to close any compliance gaps. This proactive approach allows companies to safeguard sensitive data, reduce exposure to legal liability, and avoid costly non-compliance penalties. Interoperability across privacy and security standards One of the unique advantages of TRUSTe certifications is their interoperability across multiple privacy and security standards. TrustArc’s certifications align with regulations and frameworks such as GDPR, CCPA, HIPAA, and ISO 27001, providing a seamless solution for organizations that need to comply with multiple regulations simultaneously. This interoperability not only simplifies compliance efforts across different jurisdictions but also reduces operational complexity, allowing organizations to focus on strategic objectives while maintaining a consistent approach to data privacy. Build trust and enhance reputation Organizations that achieve privacy certifications benefit from the TRUSTe Certified Privacy Seal, a recognized symbol of trust and commitment to data protection. Displayed on digital properties, this seal—viewed billions of times globally—provides consumers, partners, and regulatory bodies with assurance that the organization adheres to privacy best practices. As an internationally respected mark of compliance, the TRUSTe seal elevates an organization’s reputation, increasing customer confidence and fostering brand loyalty. Streamline data transfers across borders Certain privacy certifications (Data Privacy Framework Verification and the APEC/Global CBPR & PRP Certifications) simplify international data transfers by establishing a compliant mechanism for moving data across borders. Programs like TRUSTe’s Data Privacy Framework Verification streamline adherence to cross-border data transfer regulations, ensuring compliance with various jurisdictional requirements. These certifications empower businesses to operate smoothly on a global scale by eliminating the complexity and risk of international data transfers. TRUSTe provides a suite of privacy certifications tailored to meet diverse business needs across sectors and regions. Here’s an overview of some of the most popular certifications: Responsible AI Certification: This certification ensures that your organization’s AI data governance is fair, transparent, and accountable, aligned with industry-leading AI standards and regulations. Showcase responsible AI practices: The certification incorporates standards from the NIST and OECD, as well as regulatory frameworks such as the EU AI Act, demonstrating to partners and consumers that your AI implementations prioritize privacy and ethical data usage. Future-proof AI compliance: With rapid advancements in AI regulations, the Responsible AI Certification helps your organization navigate new compliance requirements and fosters trust by showing a commitment to responsible AI data governance. Discover how Responsible AI Certification can future-proof your AI governance. Is your AI governance program ready for rapidly evolving AI technologies? Take a brief quiz to find out! APEC and Global CBPR & PRP Certification: The Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) certifications are internationally recognized frameworks for managing secure cross-border data flows. Soon to expand as the Global CBPR Forum, this certification facilitates compliant data transfer across major economies, including the USA, Canada, Japan, Korea, Singapore, Mexico, Philippines, Chinese Taipei, and Australia. CBPR’s principles align closely with vendor management practices across jurisdictions, making it easier for organizations to onboard and manage vendors in compliance with international privacy standards. Cross-border data transfer risk: CBPR certification includes a rigorous assessment of data processing purposes and third-party risk management practices, enhancing security in data transfer scenarios. As a designated Accountability Agent, TrustArc provides oversight on privacy complaints and offers a structured approach to dispute resolution. International recognition: The CBPR system is one of the few privacy frameworks recognized internationally. With enforcement requirements across jurisdictions, it supports global trade while demonstrating an organization’s commitment to protecting customer data. Robust certification standards: CBPR compliance includes security safeguards, data access rights, and ethical data use requirements. Notably, CBPR requires third-party Accountability Agent oversight, adding an independent verification layer that strengthens credibility. Industry-leading Accountability Agent: TRUSTe was the first designated Accountability Agent in the USA and the world and remains a leader in CBPR certifications. As a key stakeholder in the CBPR system, TRUSTe collaborates with industry leaders and government bodies to drive the ongoing growth and evolution of this internationally recognized framework. Learn how CBPR & PRP Certifications simplify global data transfers and vendor management. Data Privacy Framework Verification: EU-U.S. Data Privacy Framework (DPF) , Swiss-U.S. Data Privacy Framework, and UK extension to the EU-U.S. Data Privacy Framework, this verification supports compliant data transfers across borders. Comprehensive compliance for data transfers: DPF participation provides a straightforward, reliable, and cost-effective solution for data transfers between the U.S. and the EU. Recognized as an Adequacy Decision, DPF allows personal data transfer without supplementary safeguards, offering businesses a significant compliance advantage. Robust demonstration of compliance: DPF verification by TrustArc ensures that organizations meet the obligations of the DPF, which is backed by both the U.S. government and the EU Commission. This allows organizations to demonstrate trusted compliance in cross-border data handling. Versatile approach to data transfers: Unlike other mechanisms such as SCCs, which require separate agreements for each individual data flow, DPF participation provides businesses with the flexibility to cover all their data flows under a single framework. Whether addressing enterprise-wide data transfers or focusing on a specific data flow, the DPF streamlines compliance and eliminates the need for multiple, redundant agreements. Streamline cross-border compliance with Data Privacy Framework Verification. TRUSTe Enterprise Privacy Certification: This certification aligns your organization with a range of international privacy standards, offering a trusted foundation for comprehensive data privacy compliance. Global standards alignment: TRUSTe Enterprise Privacy Certification incorporates standards from the OECD Privacy Guidelines, APEC Privacy Framework, GDPR, , and ISO 27001, aligning your organization with major privacy and security regulations worldwide. Data privacy risk management: Through a detailed assessment, TrustArc identifies privacy compliance risks and provides tailored recommendations to close any gaps, helping reduce compliance costs and risks. Expert guidance and continuous compliance: TrustArc’s global privacy experts support your organization with operational solutions, curated templates, and ongoing compliance guidance, including annual reviews to ensure standards are consistently met. Build a privacy-first organization with the TRUSTe Enterprise Privacy Certification. This certification provides independent validation that your organization’s practices meet GDPR requirements, building trust with customers, partners, and regulators. Proof of compliance and risk mitigation: Through a third-party assessment, TrustArc offers a comprehensive review of GDPR compliance, saving time and resources by providing detailed action plans to address any gaps. Flexible validation options: TrustArc offers two types of GDPR validations: the GDPR Practice Validation for specific departments or practices and the GDPR Program Validation, which includes a Privacy Notice review for a company-wide approach. The GDPR Validation Letter of Validation can be shared on your website or in vendor assessments, demonstrating a robust compliance program to stakeholders. Validate your GDPR compliance and build stakeholder trust. TRUSTe certifications are designed to simplify complex compliance requirements, offering a proactive approach to privacy risk management that demonstrates your commitment to privacy, security, and regulatory compliance on a global scale. The TRUSTe Certification Process Achieving a TRUSTe certification involves a structured yet accessible process that includes: Discovery and evaluation: An expert privacy solutions manager conducts an assessment to understand the organization’s current practices and identify any gaps. Organizations receive a detailed report with actionable recommendations, enabling them to strengthen their privacy practices in alignment with regulatory requirements. Gain remediation insights and access to operational templates that support your certification journey. Use TrustArc’s platform for a comprehensive audit trail, streamlining compliance and audit responses. Certification and continuous compliance: Once compliance is confirmed, companies receive a letter of attestation, a public-facing TRUSTe seal, and are listed in TrustArc’s Compliance Directory. TRUSTe also provides ongoing compliance monitoring and dispute resolution services, offering long-term support to uphold certification standards. With over 25 years at the intersection of privacy and technology, TrustArc has become a leader in privacy assurance solutions. The TRUSTe team consists of global experts in law, business operations, and regulatory policy, delivering certifications that align with standards from GDPR and CCPA to FIPPs and APEC CBPR. Leveraging the TRUSTe advantage helps organizations demonstrate a serious commitment to data protection and stay ahead in today’s privacy-conscious world. Turning privacy into business power As businesses navigate a landscape rich with privacy concerns and regulatory complexities, privacy certifications have become essential. They offer companies a clear path to compliance, risk mitigation, and competitive advantage by demonstrating a verifiable commitment to privacy. For enterprises looking to build trust and operate responsibly on a global scale, privacy certifications provide not only a robust compliance strategy but also a meaningful way to assure stakeholders and customers that data privacy is a priority. When you invest in a privacy certification with TrustArc, you’re not just meeting a requirement—you’re making a proactive business decision that builds trust and sets your company apart as a leader in data privacy and protection. Take the first step toward robust privacy compliance—get started today. ==================================================================================================== URL: https://trustarc.com/resource/seven-steps-to-ai-compliance/ TITLE: 7 Steps to AI Compliance | TrustArc TYPE: resource --- As the AI landscape evolves, organizations are confronted with the increasing complexity of AI compliance. Deeply understanding AI laws and identifying potential risks are key in fostering a responsible AI practice. In this detailed infographic, you will find a straightforward and effective roadmap to managing AI technology within your organization. There are 7 critical steps, beginning with understanding and scoring AI risks, determining risk management activities and tracking compliance, implementing regular audit procedures, and securing third-party certification. Embedding this process with your organization will ensure responsible AI usage every time it’s updated or deployed. Learn how to stay ahead of the curve and maintain continuous compliance in an ever-changing regulatory environment. Download our infographic now to embark on your journey to comprehensive AI compliance! ==================================================================================================== URL: https://trustarc.com/resource/gdpr-global-cbpr-new-data-transfer-compliance/ TITLE: From GDPR to Global CBPR: The New Era of Data Transfer Compliance | TrustArc TYPE: resource --- The global game of data governance has changed In 2025, cross-border data transfers have become one of the most complex and high-stakes challenges for legal and compliance teams. Regulatory fragmentation, evolving national security concerns, and the rise of AI-driven processing have transformed from a compliance afterthought into a strategic risk category. This isn’t a hypothetical problem. It’s happening now. Between the U.S. Department of Justice’s sweeping new restrictions on data transfers to countries of concern and the European Data Protection Board’s clarified stance on AI model training , organizations must now evaluate international transfers with a new level of rigor across jurisdictions, technologies, and use cases. If your organization transfers personal data across borders, whether directly, via vendors, or as part of machine learning workflows , your exposure has likely increased. What’s making cross-border transfers more difficult? 1. The U.S. DOJ final rule on sensitive data transfers In April 2025, the U.S. Department of Justice that introduces strict limits on outbound transfers of sensitive personal data to “countries of concern” including China, Russia, Iran, and others. Covered data categories include biometric, genomic, health, geolocation, and financial data. Need a full breakdown of EO 14117? Explore how this sweeping Executive Order reshapes sensitive data governance and national security risk , from prohibited transactions to enforcement penalties and compliance strategies. Implications for compliance programs include: Threshold-based restrictions for data related to more than 100 to 10,000 U.S. individuals, depending on data type. Obligations to conduct risk-based due diligence on recipients, including downstream data flows. Mandatory implementation of cybersecurity controls, encryption, and recordkeeping. Prohibitions on certain types of transactions (e.g., data brokerage, access to biospecimens). This regulation introduces national security as a legal basis for restricting international transfers, requiring privacy, security, and legal teams to reevaluate contracts, vendors, and internal data flows through an entirely new lens. 2. AI model training and the long arm of the GDPR In a 2024 opinion, the European Data Protection Board confirmed that training AI models on EU personal data, regardless of where the model is hosted, constitutes processing under the . This means cross-border transfers in the context of AI must now satisfy lawful processing requirements, complete with data transfer safeguards. Organizations training or fine-tuning models on data sets that may include EU personal data must: Establish a valid legal basis for training (e.g., consent or legitimate interest). Assess whether transfers occur during model development. Conduct Transfer Impact Assessments (TIAs). Implement appropriate contractual and technical safeguards. Gartner projects that by 2027 , over 40% of privacy violations in AI contexts will involve unintentional cross-border exposure. Regulatory guidance is no longer theoretical. It’s actionable and enforceable. 3. Enforcement actions are accelerating Regulators across jurisdictions are increasing enforcement activity related to international transfers. Recent examples include: by the Dutch Data Protection Authority for unlawful transfers of driver data to the United States. fine against Clearview AI for scraping and transferring biometric data without a legal basis or sufficient transparency. These actions reflect a tightening of regulatory tolerance for vague or insufficient safeguards. Organizations that cannot demonstrate documented, lawful, and secure transfer mechanisms face a heightened risk of fines, injunctions, and reputational damage. Operational risk requires operational visibility For legal and compliance teams, addressing cross-border transfer risk starts with visibility. It is impossible to mitigate what is not documented. Fundamental questions include: What data qualifies as personal or sensitive under applicable laws? Where is the data stored, processed, and accessed? Who has access—internally, via vendors, or through affiliated entities? What jurisdictions are implicated at each stage of the data lifecycle? If you’re struggling to answer that last one, you’re not alone. Comparing transfer rules and privacy requirements across jurisdictions can feel like decoding ancient runes unless you have the right tool. See how Nymity Research simplifies cross-border comparisons and puts clarity at your fingertips Embed transfer risk management directly into your existing privacy governance workflow. Solutions like TrustArc’s Data Mapping & Risk Manager help automate the identification of high-risk flows by analyzing processing purpose, system geography, and applicable laws. How to build a defensible cross-border transfer program 1. Identify and classify transfers Use a structured system inventory to pinpoint: Vendors and subprocessors Transfer mechanisms already in place (SCCs, consent, certifications) This foundational step is critical for prioritizing remediation. 2. Apply appropriate legal mechanisms Each transfer scenario demands a tailored compliance mechanism. Options include: For AI-related transfers, organizations must also consider how data used in model training may cross jurisdictions, often inadvertently, and whether additional controls are necessary. 3. Leverage certification for global assurance Certifications such as the Global Cross-Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) provide a structured, third-party validated approach to transfer compliance. Simplified vendor management through pre-vetted privacy credentials. Enhanced credibility with regulators, customers, and partners. Public listing and certification seal to demonstrate accountability. CBPR maps to approximately 61% of UK GDPR requirements TRUSTe certification program currently supports over 50% of APEC CBPR and PRP-certified entities, including Apple, Salesforce, Cisco, and Adobe. Strategic takeaways for legal and compliance leaders Organizations must now manage cross-border data transfers as an integrated component of enterprise risk governance. Key imperatives include: Stay ahead of regulatory fragmentation by adopting transfer mechanisms that scale across jurisdictions. Certification frameworks like Global CBPR provide structure, efficiency, and interoperability. Strengthen AI-related controls , especially around data used in model training. Legal teams must ensure that transfer rules are met, even in experimental or developmental workflows. Ensure continuous enforcement readiness by maintaining audit-ready documentation, updating contracts, and verifying lawful bases for all transfers. Address vendor ecosystem risk by vetting third parties for compliance and requiring demonstrable privacy credentials. In 2024, 35.5% of data breaches were linked to third-party access , with the most frequently compromised vendors offering IT services, cloud platforms, and software solutions. File transfer software vulnerabilities were the most exploited attack vector, and 41.4% of ransomware attacks involved third-party access, underscoring the critical need for enhanced vendor oversight and transfer governance. Cross-border transfers are a compliance competency In 2025, managing cross-border data transfer risk is no longer a matter of best practice. It’s a baseline expectation. Legal and compliance teams must now demonstrate not only knowledge of the rules but also the operational capacity to comply with them at scale. Organizations that treat data transfer governance as an extension of their enterprise risk program—integrated, proactive, and well-documented—will be better positioned to avoid fines, build trust, and unlock global opportunities. The laws may be fragmented, but your strategy doesn’t have to be. Certified to Cross Borders. Trusted Around the World. Simplify global data transfers with Global CBPR and PRP certifications. Build trust and meet regulatory requirements across the U.S., Singapore, Korea, Australia, and beyond. Intelligent Mapping. Instant Insights. Automatically map data flows, flag risks, and generate audit-ready reports in seconds. TrustArc’s Data Mapping & Risk Manager makes it easy to meet compliance requirements and uncover hidden vulnerabilities. ==================================================================================================== URL: https://trustarc.com/resource/generative-ai-cross-border-data-transfers/ TITLE: Generative AI and Cross-Border Data Transfers: Navigating Risk in a Fractured Regulatory Landscape | TrustArc TYPE: resource --- By 2027, 40% of AI-related data breaches will result from the misuse of generative AI across borders. is a clarion call for privacy professionals everywhere. As businesses race to adopt generative AI (GenAI) tools to boost productivity and innovation, they often fail to anticipate the hidden risks that arise when data flows freely across jurisdictions with conflicting or immature regulatory frameworks. In today’s digital arms race, where innovation outpaces regulation, the greatest challenge isn’t just what GenAI can do, but where and how it does it. The new frontier: How GenAI has changed cross-border risk The GenAI revolution isn’t confined to a single zip code. Modern AI systems rely on massive, diverse datasets that are routinely shuffled across borders for training, inference, and deployment. This global fluidity has introduced a potent cocktail of legal, operational, and ethical risks: Unintended data transfers: Employees using GenAI tools often have no idea where the data they’re entering is being stored or processed. Jurisdictional incompatibility: in Europe may mandate strict safeguards, while data processed in the U.S. could be subject to government surveillance under the CLOUD Act. When GenAI is embedded in SaaS tools, data may transit multiple subprocessors and locations, many outside corporate or regulatory oversight. The risks are far from hypothetical. Italy’s data protection authority fined the U.S.-based developer of Replika €5 million for GDPR violations after the GenAI chatbot was deployed in Europe without sufficient transparency or legal basis. The case spotlighted how AI services developed in one jurisdiction can quickly clash with stricter privacy regimes abroad. In short, generative AI turns every cross-border interaction into a potential privacy incident. A patchwork of privacy laws: Why global inconsistency creates risk Despite global calls for AI harmonization, the regulatory landscape remains fragmented: enforces strict risk-based classifications and mandates transparency, human oversight, and data protection impact assessments. remains largely sectoral and state-led, with inconsistent protections and few restrictions on cross-border data movement. vary widely from China’s tight data localization laws to Singapore’s flexible but principled governance frameworks. This regulatory dissonance forces organizations into a game of jurisdictional Jenga, where a single misplaced transfer could topple compliance. If you’re struggling to align AI innovation with international laws, you’re not alone and you don’t have to do it manually. Explore how Nymity Research from TrustArc helps privacy teams compare global data protection laws side by side without a law degree GenAI and third-party risk: A perfect storm , 87% of companies have faced third-party incidents in the last three years, yet nearly half still assess vendor risk only during onboarding . That’s a dangerous oversight in a world where: GenAI tools scrape and synthesize sensitive data. LLM APIs are embedded into apps and services without centralized visibility. Contractual language rarely accounts for data leakage via AI outputs. Worse, many companies still rely on spreadsheets and static reports to manage AI-infused vendor ecosystems. That’s like navigating a hurricane with a paper map. Beyond onboarding: AI-powered vendor risk demands constant vigilance To manage AI-fueled third-party risk, privacy professionals must upgrade their playbook: Conduct continuous risk monitoring, not just onboarding assessments. by the criticality of their AI capabilities. Ask: Does this vendor use agentic AI? Is their model fine-tunable by default? Review transparency and explainability : Do the AI outputs make sense based on the inputs? Are they explainable and bias-tested? about training datasets, system documentation, and known weaknesses. TrustArc’s Procurement Guide for AI Systems , embedding these expectations into your vendor due diligence process is essential. Risk amplifiers: What makes GenAI especially volatile GenAI tools trained on aggregated or can still reconstruct identifiable insights. LLMs can fabricate facts about real individuals, creating privacy risks and reputational liabilities. Malicious prompts can extract sensitive training data from GenAI models. Employees using unauthorized tools introduce compliance blind spots. Even when GenAI tools source public data, regulators are taking a closer look. In February 2025, Canada’s federal privacy commissioner launched an investigation into whether X (formerly Twitter) used personal data belonging to Canadians to train AI models without proper consent or legal justification. This investigation underscores the legal uncertainty surrounding international AI training datasets and jurisdictional authority. Add cross-border data flow to this equation, and the risk matrix escalates dramatically. Strategies for mitigating cross-border GenAI risk Privacy and compliance professionals aren’t powerless, but they must act with urgency. Here are key strategies: 1. Conduct Transfer Impact Assessments (TIAs) Account for the legal environment of the destination country, especially if data is routed through GenAI APIs or services. Assess government surveillance risks, redress mechanisms, and vendor transparency. 2. Classify and control sensitive data Implement role-based access, redact sensitive fields before AI ingestion, and label data that must not cross borders. PETs like data masking, tokenization, and synthetic data can help. 3. Update vendor due diligence for AI Push beyond standard security checklists. Ask vendors: Where is data stored and processed? Are AI outputs monitored for leakage? What training data was used? Can you disable memory or retention features? 4. Operationalize AI acceptable use policies Go beyond aspirational principles. Train staff on prohibited prompts, provide sanctioned tools, and monitor for policy violations. This should be a living policy, not shelfware. 5. Integrate AI into your privacy governance framework Align with frameworks like the Nymity Privacy Management Accountability Framework . Incorporate GenAI oversight into data protection impact assessments (DPIAs) , records of processing activities (ROPAs), and records of third-country transfers. 6. Establish AI governance committees Bring together stakeholders across privacy, security, legal, and IT. Review use cases, monitor global developments, and guide responsible deployment across jurisdictions. AI Impact Assessments: Your compliance crystal ball AI Impact Assessments (AIIAs) are becoming a foundational tool for trustworthy AI governance. Inspired by DPIAs but tailored for GenAI, AIIAs help: Identify when an AI system poses heightened risks (e.g., automation of decisions with legal effects). Evaluate the training data, model architecture, and fairness measures. Analyze impacts on individuals, vulnerable populations, and social equity. Map risks to controls using frameworks like the TrustArc’s AI Risk Assessment Template is one example of how organizations can build structured evaluations aligned to global standards, from human oversight and system robustness to privacy-by-design safeguards. By integrating AIIAs into procurement and deployment workflows, privacy leaders can move from reactive to predictive compliance. The role of the privacy pro: From guardian to guide In this fractured landscape, privacy professionals are risk reducers and strategic enablers. By embedding AI governance into the core of cross-border data strategy, they: Enable secure innovation. Build trust across markets. It’s a heavy lift, but privacy pros have carried heavier. Think of GenAI not as a rogue variable, but as your organization’s next great governance proving ground. Moving from reaction to readiness in cross-border AI governance As Gartner warns, cross-border GenAI misuse is no longer a fringe concern. It’s a ticking time bomb. Those who wait for global alignment will be left patching holes in their data governance after the fact. To lead in the era of generative AI, organizations must: Embed privacy by design into all AI initiatives. Treat every data transfer as a risk vector. Centralize visibility into GenAI use across the enterprise. Global complexity isn’t going away. But with the right strategies, privacy leaders can meet it head-on, not just with caution, but with confidence. Global Oversight. Local Precision. Stay ahead of evolving regulations with PrivacyCentral. Visualize, map, and manage compliance obligations across jurisdictions all in one unified platform built for scale. Smarter AI Risk. Stronger Accountability. Streamline AI impact assessments and vendor reviews with built-in frameworks, checklists, and controls. Confidently govern GenAI systems from pilot to production. ==================================================================================================== URL: https://trustarc.com/resource/seven-keys-to-privacy-2025/ TITLE: The 7 Keys to Privacy in 2025 | TrustArc TYPE: resource --- When TrustArc first published the Seven Global Keys to Privacy , the goal was simple: identify what separates high-performing privacy programs from the rest. This is more important than ever in a landscape now reshaped by artificial intelligence, regulatory expansion, and surging public expectations. The foundational keys remain the same, but the stakes are higher, and the gaps between leaders and laggards have widened. A comeback in the Global Privacy Index gathered multiple ratings on privacy in day-to-day operations, leadership, organizational approaches, and confidence among stakeholders. We obtained 360° input from all levels within medium and large-sized organizations. We then narrowed all of the questions we asked into a subset that statistically best correlates with stakeholder confidence in their organization’s approach to privacy. Below, we report on the Global Privacy Index, the grand mean of these measures. After a drop to 50% in 2022, the 2025 Global Privacy Index rebounded to 61% , regaining lost ground. This recovery reflects real progress, but polarization is still evident. In 2025: 39% of companies achieved exceptional scores of 75%+, up six points from the initial starting point of the Index. 37% got passing scores of 50%–74%. 24%, almost a quarter, had failing scores of under 50%. A clear privacy blueprint: centralized teams, purpose-built privacy tools, measurable KPIs, principle-based approaches to regulation, and the strategic integration of privacy into operations. The 7 keys to privacy: Enduring and evolving in 2025 2025 TrustArc Benchmarks Report reaffirms the original seven core competencies of privacy excellence with the latest findings: 78% of organizations now consider privacy a core part of business strategy, embedding it into decision-making processes, up from 2022 levels. 82% of respondents reported that their company is mindful of privacy as a business. 77% agreed that any employee can raise a privacy concern without fear of reprisal, reinforcing a culture of accountability and psychological safety. 4. Board-Level engagement 74% of organizations said their Board regularly reviews privacy issues, a sign that governance structures are catching up with reputational and regulatory risk. 5. Training and awareness 71% report broad training across roles. Programs have expanded beyond compliance to emphasize risk awareness and evolving threats like AI misuse. 6. Privacy as a differentiator 69% of firms agree that privacy is now a competitive differentiator 7. Operational mindfulness 88% of companies say privacy is considered in many or most business decisions, showing deep operational integration of privacy into day-to-day workflows. Five outcomes that matter: Culture and confidence The most promising shift? Stakeholder confidence is on the rise: 47% now have complete confidence in how their organization protects employee and customer data, up 19 points YoY. Along with confidence in privacy management rising year over year, stakeholder groups also showed gains. Complete confidence in privacy management is highest among employees (30%), followed by customers (29%), partners and third parties (28%), and the general public (25%). The latter of which reflects lagging concerns around reputational risks. This confidence is not built through policy alone. It’s built by leaders who embed privacy into strategy, give teams the tools to succeed, measure what matters, and act before regulations compel them to do so. Purpose-built and measurement: The great dividers Companies using commercial, off-the-shelf privacy management software achieved the highest Privacy Index scores (71%), 10 points above the Grand Mean. By contrast, firms using free or open source tools averaged seven points below average, at 54%. Adoption of purpose-built platforms remains limited. Only 20% have fully implemented such systems. However, those who have already purchased and fully implemented a commercially available scored 78% on the Privacy Index. KPIs draw the line between success and failure In 2025, measurement remains a powerful predictor of privacy success: The 82% of medium and large firms that measured their privacy programs and implemented KPIs scored 74% on the Privacy Index, thirteen points above the Global Grand Mean. Those who did not implement KPIs averaged just 29%, a low failing grade, 32 points below the average. Measurement is no longer optional. It is the line between success and failure. Organizations that track privacy effectiveness with privacy-specific KPIs are not just more accountable; they perform better by a full 45-point margin over those who do not put anything in place. These findings make measurement one of the strongest single predictors of privacy competence in 2025. Privacy has entered the KPI mainstream. Methodical assessment creates organizational clarity and drives action. Completed internal assessments remain the most common KPI, along with the number of privacy-related customer inquiries/complaints resolved and PIA completion rates. In terms of a company’s primary methods for measuring their privacy program, the three most popular were audit assessments, time to complete data subject access requests (DSARs) , and implementation and compliance with several privacy laws. Leaders do not just measure outputs; they monitor the health of their privacy pipelines. Tracking KPIs is only part of the equation. Knowing when laws change and how they affect your benchmarks is just as critical. Explore how Nymity Research helps privacy teams stay on top of global regulatory shifts , compare laws across jurisdictions, and streamline compliance efforts with expert-curated insights and daily alerts. Implementation gaps persist, but maturity pays off While intent is widespread, execution remains shallow. Fewer than four in ten companies (36%) have implemented even three core privacy initiatives to full maturity. These capabilities include: Data subject rights requests management. Breach notification processes to regulators and our clients. processes throughout our supply chain (e.g., PIAs or vendor assessments). Strategic and reportable privacy program management. third party privacy certifications (for example, EDAA Certification, APEC CBPR & PRP Certification, Data Privacy Framework). Having other certifications (for example, ISO 27001, ISO 27701, SOC2). Maintaining or building a Trust Center (public or consumer facing portal for privacy/security/legal). Data discovery (automated scanning to identify, classify, and analyze personal and sensitive data). Data inventory and mapping ( build a data inventory and ROPA to mitigate compliance for privacy compliance and audits). all of these privacy capabilities reaped the rewards, with Privacy Index scores that leap 21 points above the global average, at 82%. The gap is no longer in awareness of what to do; it is in operational follow-through. While 88% of firms say brand trust drives their privacy investments, only a quarter back it up with a comprehensive privacy platform. Frameworks and regulatory approaches: Stability in a storm While privacy laws and technologies evolve rapidly, certification frameworks offer stability and strategic value. TrustArc’s 2025 benchmarks show that organizations aligning with globally recognized standards score significantly above average in privacy competence. Nymity Privacy Management Accountability Framework (PMAF) stands out. Designed to embed accountability into privacy operations, Nymity PMAF users reported Privacy Index scores of 75%, a full 14 points above the global mean. Other high-impact certifications include AICPA/CICA, COBIT, and . These frameworks do more than demonstrate compliance; they operationalize privacy governance. By codifying roles, responsibilities, and reporting structures, they help turn privacy from a reactive function into a source of strategic value. Additionally, the 22% of organizations that have adopted a principles-based regulatory approach outperform others by a wide margin, scoring 73% on the Privacy Index versus a 56% average Index score among the 31% taking a rules-based approach. those lacking any defined regulatory approach, which fortunately is quite small at just 5% of companies, score dismally at 13% on the Index. These findings underscore the performance gaps among strategic, reactive, and non-existent compliance models. The AI disruption: A new dimension to privacy competence 46% of privacy professionals rated Only 29% are very prepared for new laws like the . Those who are prepared scored above average on the Privacy Index, at 65% and 66%, respectively. Those who are very prepared achieved top marks, averaging 80% and 82%, respectively. embraced AI in their technology stack are also leaders in privacy management. The two go hand-in-hand. The data shows clearly: those with “strong alignment with a common understanding and approach across roles” as well as those where the privacy and AI teams are well coordinated with clear processes, score 77% on the Privacy Index, 16 points above the global average. Their privacy practices are distinguished by: Robust data mapping and inventory. Use of third-party certifications. Strong data subject rights request systems. Centralized privacy structures. If you’re ready to benchmark your own program against top performers and dive deeper into what AI readiness really looks like, explore why forward-thinking privacy pros are outpacing the pack in our companion article on AI compliance. From compliance to leadership The 2025 TrustArc Benchmarks show a world of progress, and increasing benefits and challenges brought on by AI. While the privacy elite are racing ahead with structured programs, AI preparedness, and measurable outcomes, many others are falling behind. The Seven Keys to Privacy are not a static checklist. They are a lens through which privacy leadership is defined, measured, and earned. And in 2025, leadership is not optional; it is existential for privacy leaders. Trust, Delivered Instantly. Turn trust into a revenue driver with a centralized, no-code hub for all your public-facing privacy, security, legal, and compliance content. Accelerate deals, reduce delays, and give buyers the confidence they need—no follow-up emails required. Compliance, Without the Chaos. Replace the manual grind with intelligent automation. PrivacyCentral maps 20,000+ controls across 125+ global laws, cutting redundant work and skyrocketing efficiency. Less clicking, more complying. ==================================================================================================== URL: https://trustarc.com/resource/privacy-risk-why-dpias-pias-data-strategy/ TITLE: Privacy Risk Isn’t Optional: Why DPIAs and PIAs Should Be Part of Every Data Strategy | TrustArc TYPE: resource --- Data is the new oil, they said. What did they forget to mention? If you’re not careful, it can also be the spark that burns your business down. Two acronyms loom large for privacy and compliance professionals racing to stay ahead of regulations and reputational risks: . Misunderstand them at your peril. Master them, and you turn chaos into clarity, panic into power. Data Protection Impact Assessments (DPIAs) and Privacy Impact Assessments (PIAs) can help you survive and thrive amid today’s privacy storms. What are DPIAs and PIAs, really? seem like a choose-your-own-adventure game where both paths end with a and an extensive spreadsheet. But dig deeper, and their differences (and complementary strengths) become obvious. Privacy Impact Assessment (PIA): A PIA evaluates risks to the business. It’s about understanding how a product, service, system, or process might expose the organization to privacy concerns. It’s your internal smoke detector—ringing alarm bells before regulators (or customers) do. Think Privacy by Design 101. Data Protection Impact Assessment (DPIA): A DPIA evaluates risks to individuals. Required under (Article 35) and similar laws, it focuses squarely on the potential impact to the rights and freedoms of data subjects. It’s a regulator-mandated dance, and missing a step can leave you tripping into multimillion-euro fines. Both assessments are essential; innovative organizations weave them into one seamless privacy safety net. When should you use a DPIA vs. a PIA? : It’s not a “this or that” decision—it’s often “this and that.” You’re launching a new product, service, system, or process involving personal data. You’re changing how existing data is collected, shared, or stored. You’re merging datasets or working with new third parties. You’re engaging in high-risk processing activities under GDPR, such as: Systematic monitoring (e.g., CCTV surveillance). Profiling or automated decision-making that affects individuals’ rights. (health data, biometric info, etc.). Using innovative technologies (hello, AI). Activities that prevent individuals from exercising their rights (e.g., no opt-outs). If you operate in the U.S., Europe, or anywhere else breathing , combine PIAs and DPIAs for an end-to-end view. It’s like pairing peanut butter and jelly: better (and safer) together. Legal and procedural requirements for PIAs and DPIAs vary by jurisdiction. While combining assessments can streamline workflows, organizations should tailor their approach to the specific laws and regulations that apply to each use case. Consult legal counsel for complex or high-risk scenarios to ensure alignment with jurisdiction-specific obligations. Key regulatory requirements you can’t ignore If you think PIAs and DPIAs are optional homework, think again. Around the globe, regulations are sharpening their teeth: DPIAs are mandatory for specific high-risk processing activities ( ). Failure to conduct a DPIA when required could result in penalties up to 4% of global annual turnover. , and others require risk assessments (PIAs) for certain types of data processing, especially around sensitive personal information and targeted advertising​. Artificial Intelligence Laws: now live, high-risk AI systems demand a DPIA and a Fundamental Rights Impact Assessment (FRIA)​. Translation: double the diligence, double the documentation. Global privacy regulators are rapidly evolving into privacy enforcers. If your program can’t withstand an audit or an angry consumer complaint, you’re sitting on a ticking time bomb. Regulatory requirements for PIAs and DPIAs aren’t just changing, they’re multiplying. To keep pace, privacy teams need more than spreadsheets and gut checks. See how Nymity Research helps you monitor global privacy laws, compare jurisdictional requirements, and stay ahead of evolving mandates all in one powerful platform How to identify and mitigate data privacy risks Privacy risk mitigation is less like playing whack-a-mole and more like playing chess blindfolded. Here’s your strategic playbook: 1. Start with a threshold assessment. Not every project needs a full PIA or DPIA. A quick screening (threshold assessment) helps decide when to dig deeper​. 2. Document your data flows. Map out how personal information moves across systems , third parties, regions, and processes. Think of it like tracking the One Ring from “The Lord of the Rings,” except your goal is to prevent doom​. 3. Identify the risk to individuals and the organization. Separate but related. Look at harm to individuals (discrimination, identity theft, emotional distress) and damage to the organization (legal penalties, reputational hits, revenue loss). 4. Tailor your mitigations. minimizing data collection , de-identifying datasets, enhancing transparency, restricting access, implementing stronger security measures, or even not doing a risky project. Bold, we know. 5. Consult and communicate. Don’t conduct PIAs and DPIAs in a vacuum. Engage cross-functional teams (legal, IT, security, marketing) and consult with regulators or consumer advocacy groups when appropriate. Contrary to popular belief, regulators do not bite (unless you hide things from them)​. How to build a rock-solid, defensible privacy program If you want your privacy program to survive scrutiny (and late-night emails from regulators), your assessments must be: Cover the what, why, how, where, and who of data processing. Same rigorous process every time, no matter the project size. Document risks and decisions as they happen, not after the fact. Write like you’re explaining privacy to your teenager. No jargon, no smoke and mirrors. Risk isn’t a set-it-and-forget-it affair. Reassess when the data, use case, or tech changes. if it’s not documented, it didn’t happen . And if it didn’t happen, regulators fill in the blanks and not in your favor. The fast-changing privacy landscape: Why constant assessment is key Today’s privacy landscape is as unpredictable as a Marvel multiverse. Just when you think you understand the rules, new ones emerge. continue to pop up faster than Taylor Swift re-records her albums. Global frameworks like CBPRs cross-border data transfers , and AI regulations are exploding like a poorly contained laboratory experiment. Organizations that treat PIAs and DPIAs as a set themselves up to be the next cautionary tale. Instead, organizations that build dynamic, agile privacy risk assessment programs—where every new product, data partnership, and expansion triggers a reassessment—will be left standing. PIAs and DPIAs are your privacy power moves In a world of shifting laws, rising risks, and unrelenting data breaches, PIAs and DPIAs are not burdens. They are blueprints. Shields. Superpowers. Use them to protect and propel your organization forward, build customer trust, gain a competitive edge, avoid messy public apologies, and avoid even messier fines. Because when it comes to privacy, the best offense is a fierce, forward-thinking defense. And yes, DPIAs and PIAs might just be the real heroes your company never knew it needed. Full Visibility. Smarter Risk Decisions. Map your data with precision and pinpoint privacy risks before they escalate. Visualize data flows, automate risk assessments, and stay audit-ready—no spreadsheets required. Privacy Risk, Assessed and Addressed. Centralize, standardize, and scale your risk assessments across vendors, systems, and use cases. Reduce exposure, boost accountability, and make privacy actionable. ==================================================================================================== URL: https://trustarc.com/resource/7-privacy-program-challenges-how-trustarc-fixes-them/ TITLE: Seven Privacy Program Challenges That Keep You Up at Night (and How TrustArc Fixes Them) | TrustArc TYPE: resource --- Privacy leaders don’t get much sleep. Between shifting regulations, complex data ecosystems, and ever-increasing consumer expectations, the job is like spinning plates—on roller skates. But here’s the thing: the most persistent challenges in tend to follow familiar patterns. After working with thousands of organizations, we’ve seen seven core issues that every eventually faces. The good news? They’re all solvable—with the right tools and approach. Let’s get into it. 1. Finding and addressing “high-risk” data processing activities is hiding in the shadows? You’re not alone. Most organizations struggle to locate and manage high-risk data processing activities, whether it’s customer records, financial transactions, or AI-driven analytics. And it’s not just about compliance. Unmapped data flows increase privacy risk—potentially leading to regulatory fines and operational inefficiencies. Manually maintaining an accurate data inventory doesn’t scale, especially as you process larger volumes of personal data across multiple vendors and jurisdictions. How TrustArc helps you identify data flows: Data Mapping & Risk Manager automates the process, helping you uncover and assess data flows in real time. Risk scoring based on 130+ global laws provides actionable insights into processing activities. Streamlined risk analysis ensures you’re always audit-ready. Nearly 78% of privacy professionals cite third-party data as a top risk factor. If you don’t know where sensitive data lives, how can you protect it? 2. Ensuring vendors handle PII properly Vendors can be your most significant privacy risk. Are they really meeting compliance standards? How do you prove it? If your assessment process relies on spreadsheets and emails, it’s inefficient and prone to gaps. Third-party breaches are one of the most common sources of data exposure. Without a structured way to assess and track vendor compliance, you could be leaving a major security gap wide open. How TrustArc simplifies vendor risk management: offers out-of-the-box templates for Privacy Impact Assessments (PIAs), Data Protection Impact Assessments (DPIAs), Transfer Impact Assessments (TIAs), and AI risk assessments. Automated workflows make vendor evaluations smooth and repeatable. Companies using dedicated Privacy Management solutions score 6% higher on privacy maturity than those relying on GRC tools. 3. Giving customers control over their data Consumers expect control over their personal data—it’s table stakes in today’s privacy landscape. But operationalizing across multiple regulations? That’s a logistical headache. Ignoring user requests isn’t an option—regulators are cracking down, and consumers are more privacy-aware than ever. Businesses need to manage data deletion, access, and modification requests efficiently while ensuring compliance with local laws. How TrustArc streamlines individual rights management: Individual Rights Manager automates data subject requests (DSRs) so you can handle global privacy laws with ease. Compliance is built-in, reducing legal risk while improving user trust. Privacy competence translates to consumer confidence—74% of companies prioritizing privacy earn higher brand trust. 4. Managing global cookie and tracker compliance The wild world of cookies: demand explicit opt-in. Others allow opt-out. And the rules keep changing. Staying compliant shouldn’t be a constant fire drill. Beyond compliance, a well-implemented cookie management system improves user experience and brand trust. While no one likes excessive pop-ups, businesses still need to collect meaningful consent while staying compliant. How TrustArc modernizes cookie compliance: ensures real-time compliance with regional laws. Customizable solutions for every jurisdiction. Nearly 51% of organizations scan websites for compliance, but tracking tools evolve fast—your approach needs to keep up. 5. Running a privacy program that’s always on Privacy isn’t a one-and-done project. It’s a continuous process that needs structured governance, clear accountability, and seamless execution. Without a centralized system, you risk gaps in compliance. Regulators expect ongoing compliance efforts, not just a once-a-year assessment. Without automation, keeping track of policy updates, regulatory changes, and privacy incidents can become overwhelming. How TrustArc keeps your privacy program running smoothly: automates privacy governance, tracking 20,000+ controls across multiple frameworks, laws, and standards. Out-of-the-box Operational Templates make achieving regulatory compliance more manageable. Organizations that actively measure their privacy effectiveness score 31% higher on privacy maturity. 6. Staying ahead of privacy laws and regulations Regulatory landscapes shift constantly. . AI-specific regulations. How do you keep up with what’s changing, and where and how does it impact your business? Companies that fail to adapt risk massive fines and reputational damage. Staying ahead means monitoring laws and developing an adaptable compliance strategy that evolves as new regulations emerge And when laws shift overnight, your research tools need to move just as fast. Explore how Nymity Research gives privacy pros instant access to global privacy laws, expert-built comparisons, and AI-powered answers so you’re never caught off guard again How TrustArc helps stay ahead of evolving privacy laws: offers a 50,000+ reference database with legal summaries and regulatory comparisons. Expert insights help you adapt quickly. Privacy teams that rely on continuous monitoring are 8% more effective in staying compliant. 7. Demonstrating privacy efforts transparently Privacy isn’t just about compliance—it’s about trust. Customers, partners, and regulators want proof that your privacy practices are solid. How easily can you show them? A strong privacy transparency strategy can also drive business growth, as many customers now actively choose brands that prioritize privacy. How TrustArc helps you build transparency and trust: is a no-code hub for privacy disclosures, security policies, and compliance certifications. Accelerates sales cycles by reducing legal bottlenecks. Public trust in corporate privacy practices still lags, but companies prioritizing transparency score 14 points higher on privacy maturity. All statistics in this article are sourced from the 2024 TrustArc Global Privacy Benchmarks Report . This report compiles insights from 1,803 privacy professionals across the U.S., Europe, the UK, South America, and Asia, comprehensively analyzing privacy challenges, trends, and regulatory preparedness. The findings are based on quantitative surveys, expert analyses, and proprietary research methodologies, benchmarking privacy program maturity. Download your Privacy Benchmarks Report today Every privacy team faces these challenges at some point. The question isn’t if—it’s how you tackle them. TrustArc offers an integrated approach that brings automation, clarity, and confidence to your privacy program. By automating core privacy tasks, organizations can move from reactive compliance to proactive trust-building—turning privacy into a business advantage. Want to see how these solutions work in action? ==================================================================================================== URL: https://trustarc.com/resource/guide-to-dpias-managing-risk-ai/ TITLE: A Practical Guide to DPIAs: Managing Risk, AI Ethics, and Global Privacy Regulations | TrustArc TYPE: resource --- The GDPR has reshaped how organizations handle data privacy, and at the heart of this transformation lies the Data Protection Impact Assessment (DPIA). Designed to identify and mitigate risks associated with high-risk data processing activities, DPIAs are a crucial requirement for supporting compliance efforts and safeguarding individuals’ rights. If your organization processes sensitive data, knowing when and how to conduct a DPIA isn’t just a best practice—it’s a legal obligation. So, how do you tackle DPIAs effectively without getting lost in a sea of compliance jargon? Let’s break it down into a step-by-step guide for successful implementation. Step 1: Identify and map your data Before you can assess risk, you need to understand your data flows . Think of this as drawing a blueprint of your organization’s data ecosystem. Where does the data originate? Who has access to it? What third parties are involved? These are the foundational questions a DPIA must address. A robust data inventory serves as your single source of truth. It should include: Business processes handling personal data Types of data being processed (sensitive or general) Security measures in place External vendors or third parties involved Maintaining an up-to-date data inventory saves time when conducting DPIAs and ensures that no high-risk activity goes unnoticed. Step 2: Determine if a DPIA is needed Not every data processing activity requires a full DPIA. GDPR mandates a DPIA only if the processing is “likely to result in a high risk” to individuals’ rights and freedoms. But what does that mean in practice? European Data Protection Board (EDPB) outlines nine criteria that indicate high-risk processing, including: – Processing that involves profiling or predicting aspects related to an individual, such as work performance, economic situation, health, personal preferences, reliability, or behavior. (e.g., credit scoring systems determining loan approvals based on consumer profiles). Automated decision-making with significant effect – Processing that leads to automated decisions that produce legal or similarly significant effects on individuals, such as credit scoring or job application filtering. (e.g., AI-driven hiring systems that automatically reject applicants based on pre-set parameters). – Processing used to observe, monitor, or control data subjects, including surveillance in publicly accessible areas or network activity tracking. (e.g., employee tracking software that monitors keystrokes and online activity). Sensitive data or highly personal data – Processing special categories of data under Article 9 of GDPR, such as racial or ethnic origin, political opinions, religious beliefs, biometric data, health information, or criminal records. (e.g., a healthcare provider collecting and analyzing genetic data for predictive health assessments). Large-scale data processing – Processing that involves significant volumes of data, a large number of data subjects, extensive geographic coverage, or prolonged processing activities. (e.g., cloud-based health record systems storing patient data across multiple hospitals). Matching or combining datasets – Processing that merges data from multiple sources, exceeding the data subject’s reasonable expectations, such as cross-referencing datasets for behavioral profiling. (e.g., combining social media activity with purchase history to develop targeted advertising profiles). Data concerning vulnerable data subjects – Processing data related to individuals with less autonomy or ability to give informed consent, such as children, employees, mentally ill persons, asylum seekers, or elderly individuals. (e.g., monitoring student behavior through educational software that tracks engagement and learning patterns). Innovative use or application of new technologies – Processing that employs cutting-edge technology, such as artificial intelligence, , or biometric authentication, which may have unknown or complex risks. (e.g., using facial recognition systems for building access control in workplaces). Processing that prevents individuals from exercising a right or using a service – Processing that limits individuals’ access to essential services, contracts, or rights, such as credit checks restricting loan approvals. (e.g., a financial institution using fraud detection algorithms to deny banking services to flagged individuals without recourse). If your processing activity falls into these categories, a DPIA isn’t optional—it’s mandatory. Even if you’re unsure, conducting a preliminary Privacy Impact Assessment (PIA) can help clarify whether a full DPIA is necessary. Additionally, organizations must involve their Data Protection Officer (DPO) when conducting DPIAs. The DPO is critical in advising on risks, ensuring the DPIA is thorough, and documenting compliance for regulators. For cases where a DPIA identifies residual high risks, organizations must consult the relevant Data Protection Authority (DPA) before proceeding. Failing to do so can result in regulatory scrutiny and potential fines. Step 3: Conduct and document the DPIA Once you’ve identified the need for a DPIA, it’s time to analyze, mitigate, and document. The specifies four essential elements that a DPIA must cover: Describe the processing operations – Outline what data is being collected, why it’s being processed, and who is involved. Assess necessity and proportionality – Justify why this processing is necessary and whether less intrusive alternatives exist. Evaluate risks to individuals – Identify potential harms (e.g., data breaches, discrimination, financial loss). Implement risk mitigation measures – Establish controls such as encryption, , and access restrictions. DPIAs should also account for global regulatory requirements. While GDPR is the primary focus, organizations operating in multiple regions must align DPIAs with frameworks such as DPIAs in incident response and breach preparedness A DPIA plays a key role in incident response planning . By leveraging DPIA findings, organizations can build more potent breach preparedness strategies that proactively identify security risks before an incident occurs. Integrating DPIA risk assessments with established cybersecurity frameworks like ensures alignment with industry best practices. Identifying vulnerabilities in data flows is crucial, as it helps pinpoint weaknesses that could expose organizations to breaches. Developing comprehensive incident response playbooks informed by DPIA insights also enables teams to respond effectively when data security issues arise. Building a privacy-aware corporate culture For DPIAs to be effective, privacy awareness must be ingrained within the organization . Encouraging buy-in at all levels ensures DPIAs become strategic risk management assets. Privacy training programs tailored for IT, HR, and marketing teams help employees understand the role of DPIAs in safeguarding data. Making compliance engaging through privacy risk simulations fosters deeper employee involvement and enhances adherence to privacy protocols. Additionally, embedding privacy-by-design principles into product development processes ensures that data protection considerations are incorporated from the outset rather than as an afterthought. AI, ethics, and bias mitigation in DPIAs As AI becomes more embedded in data processing, DPIAs must be adapted to address ethical concerns, algorithmic transparency, and bias mitigation. Evaluating AI-driven decision-making tools for unintended biases ensures that automated processes do not discriminate against certain groups. Implementing human oversight mechanisms within AI decision-making systems adds an essential layer of accountability, reducing the risks associated with fully automated decisions. Furthermore, aligning AI-related DPIAs with global regulations, such as the and emerging U.S. governance frameworks, ensures organizations remain aligned with evolving legal and ethical standards. Continuous monitoring and DPIA audits DPIAs should not be treated as a one-time exercise but as an evolving process that adapts to business changes. Privacy leaders must implement DPIA effectiveness audits to assess whether risk mitigation measures remain effective over time. Establishing a DPIA review framework incorporating periodic risk assessments helps maintain ongoing compliance and identifies any new vulnerabilities. Organizations can measure the impact of their DPIA initiatives by setting key performance indicators (KPIs) that track the effectiveness of risk controls. Regular updates to DPIAs, prompted by business expansions, regulatory shifts, or technological advancements, ensure that privacy safeguards remain robust and responsive to emerging challenges. DPIAs and emerging global regulations Privacy regulations continue to evolve worldwide . Organizations should develop a universal DPIA framework that adapts to multiple legal landscapes. : New obligations for risk assessments in cross-border data transfers. APAC and Middle Eastern privacy laws: Increasing alignment with GDPR principles. Regional DPIA nuances: Ensure localization of DPIAs to reflect jurisdictional requirements. New regulations aren’t just expanding. . If your DPIA process doesn’t keep up, compliance gaps can form overnight. Explore how Nymity Research helps privacy pros monitor evolving legal requirements across 244+ jurisdictions and embed those changes directly into your DPIA workflows. Strengthening DPIA readiness DPIAs are essential for responsible data governance, breach resilience, and implementation. However, conducting DPIAs efficiently across multiple jurisdictions requires automation, risk intelligence, and real-time adaptability. Organizations must integrate privacy-by-design principles into their operational strategies, ensuring that DPIAs become a continuous, proactive component of risk management rather than a reactive compliance exercise. Collaboration across legal, security, IT, and privacy teams is key to effectively embedding DPIAs into business processes. Organizations should establish cross-functional privacy governance structures that enable seamless coordination between departments, improving risk visibility and decision-making. Additionally, leveraging standardized DPIA templates and industry best practices allows privacy teams to maintain consistency while adapting assessments to regional regulatory nuances. As new technologies such as , biometric authentication, and decentralized data models emerge, DPIAs must evolve to assess novel privacy risks. Organizations must stay ahead by integrating adaptive risk assessment models that dynamically adjust to technological advancements and changing legal frameworks. Ready to optimize your DPIA process? Data Mapping & Risk Manager work together to simplify and speed up DPIA execution. Data Mapping & Risk Manager helps you map data flows, calculate inherent risk, and trigger DPIAs when thresholds are met. Assessment Manager provides expert-built, customizable templates to complete the assessment. Together, they give you a structured, end-to-end approach to managing privacy risks with less manual effort and more confidence. Comprehensive data flow mapping that visually tracks how personal data moves across internal systems, third-party vendors, and global jurisdictions, improving risk transparency and oversight. Dynamic data inventory creation with AI-driven insights and customizable risk levels, helping organizations maintain an up-to-date and accurate data registry. Real-time risk intelligence with a built-in scoring engine aligned with over 130 global privacy laws ensures organizations can confidently assess high-risk data processing activities. Automated vendor risk assessments that identify and flag compliance gaps before they become regulatory liabilities, reducing third-party data risks. Integrated PIA/DPIA workflow automation that streamlines impact assessments, ensuring high-risk processing activities are reviewed and documented efficiently. Seamless regulatory alignment across GDPR, CCPA, LGPD, and other global privacy frameworks, allowing organizations to meet compliance obligations while adapting to evolving laws. With TrustArc’s industry-leading privacy automation solutions, businesses can move beyond compliance checklists to proactively manage data protection risks, enhance operational efficiency, and build consumer trust—all while staying ahead of emerging regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Privacy, Vendor & Risk Assessments Stay rigorous on privacy gaps and risks to prevent costly and embarrassing mistakes. ==================================================================================================== URL: https://trustarc.com/resource/data-privacy-professionals-guide-thriving-2025/ TITLE: The Data Privacy Professionals' Guide to Thriving in 2025 | TrustArc TYPE: resource --- As the dust settles on 2024, privacy professionals across industries are bracing for a transformative year ahead. A steep rise in state-specific data privacy laws and regulatory developments worldwide, increasing scrutiny around AI, and increased enforcement actions are all converging to create a perfect storm of compliance challenges. Staying ahead means anticipating regulatory shifts, crafting resilient data privacy roadmaps, and leveraging technology to enhance program management. Here’s what you need to know to prepare for the privacy landscape of 2025. Data privacy regulations in 2025: What’s changing and how to stay ahead U.S. State privacy laws are booming With eight new U.S. state privacy laws coming into effect in 2025—including in —companies must contend with a patchwork of compliance obligations. While many of these laws mirror existing regulations like the , nuances abound. For example: No opt-out rights for targeted advertising and profiling. Introduces rights for consumers to question AI-driven profiling results and obtain explanations. Adds strict prohibitions on selling children’s data, ensuring robust protections for minors. This fragmented landscape demands businesses go beyond surface-level compliance, developing tailored, jurisdiction-specific strategies that address both the letter and spirit of the law. Artificial Intelligence (AI) is no longer just a futuristic concept; it’s a reality that’s deeply intertwined with our daily lives. , which begins enforcement in 2025, establishes the world’s first comprehensive AI regulatory framework . This law focuses on risk-based classification of AI systems, mandating transparency, data minimization, and fairness in their use. in the U.S. have introduced AI-related bills, signaling an era of increased accountability. Companies must implement robust AI governance programs to navigate overlapping global requirements and proactively address unique risks such as algorithmic bias and transparency. Developing AI responsibly isn’t just about compliance—it’s about building trust in an increasingly skeptical market. Expanded focus on children’s and health data Maryland Age-Appropriate Design Code Washington’s My Health My Data Act underscore a growing focus on protecting sensitive data. These laws go beyond general data privacy requirements, emphasizing consent, purpose limitations, and parental controls. Companies processing health or children’s data must tread carefully, as penalties for non-compliance are increasingly severe and can cause significant reputational damage. The rising tide of biometric and wiretap litigation Illinois Biometric Information Privacy Act (BIPA) remains strong, with similar laws gaining traction in states like Texas and Washington. Concurrently, lawsuits invoking California’s Invasion of Privacy Act (CIPA) —alleging improper use of tracking technologies like website pixels—continue to rise, signaling a new era of digital liability. The continued evolution of AdTech and consent The deprecation of third-party cookies has sparked a seismic shift in AdTech practices . In 2025, obtaining valid and informed consent will be more critical than ever. As new tracking technologies replace outdated ones, companies must ensure compliance with emerging global consent standards while balancing user experience. Regulatory bodies like the FTC and state attorneys general are ramping up enforcement efforts, targeting violations of children’s privacy, health data protections, and AI misuse. Hefty fines are becoming a norm, making proactive compliance a non-negotiable for privacy professionals. How regulatory changes will impact data privacy program management Complex compliance requirements With each state and jurisdiction introducing specific nuances—such as differing definitions of “sensitive data” and unique consumer rights—businesses must move beyond one-size-fits-all compliance approaches. A risk-based strategy that prioritizes jurisdictions with stricter or broader applicability will be crucial. Increased vendor scrutiny The rise in privacy regulations translates to greater accountability across supply chains. Companies need robust vendor management programs to assess and mitigate third-party risks continuously. Greater emphasis on transparency Disclosures will become increasingly complex. Privacy teams must craft clear, concise, and localized policies that satisfy regulatory demands while maintaining consumer trust. Key themes in data privacy and AI governance Harmonizing privacy and responsible AI is no longer optional. In 2025, privacy professionals must collaborate with cross-functional teams to implement responsible AI standards focused on transparency, accountability, and fairness. Building consumer trust in AI systems will hinge on organizations’ ability to demonstrate responsible and bias-free data use. How mature is your AI risk management? With laws increasingly emphasizing purpose limitations, organizations must audit their data collection practices. Holding on to “just in case” data will invite scrutiny, fines, and reputational risks. Maintain a detailed inventory of the data you collect, process, and store. Understand the data’s flow and purpose to ensure compliance with various regulations. Privacy compliance isn’t just about checking boxes—it’s a critical component of operational resilience. As new laws are enacted, organizations must future-proof their systems, ensuring they’re adaptable to change. What to include in your 2025 data privacy roadmap 1. Proactive regulatory scanning Keep track of upcoming state, federal, and international privacy laws. Incorporate a system to continuously monitor legislative changes and assess their impact on your business. Tracking eight new state laws and a flood of international updates isn’t a manual task anymore. See how Nymity Research helps privacy teams stay ahead of change with automated alerts, plain-language legal summaries, and cross-border comparisons all in one place 2. Enhanced vendor risk management Go beyond one-time questionnaires. Implement continuous vendor compliance monitoring, including their ability to handle sensitive data securely and ethically. 3. AI and privacy impact assessments Ensure every AI tool or algorithm used internally or offered to customers undergoes rigorous assessments for privacy, bias, and compliance risks. Identify and mitigate privacy risks associated with new products, services, or initiatives. Develop a comprehensive framework for governing the use of AI within your organization. Address issues like data bias, transparency, and accountability. Elevate Privacy Impact Assessments (PIAs) to AI Governance 4. Employee training programs Invest in training across the organization. Employees, from marketing teams to data scientists, must understand their role in maintaining compliance. Automate repetitive tasks like , and regulatory reporting. Leveraging TrustArc’s privacy management tools can streamline compliance and free up resources for strategic initiatives. How to maximize data privacy programs in 2025 Build trust with transparency Trust remains the cornerstone of effective privacy programs. Organizations must clearly articulate how they collect, use, and protect customer data and maintain open communication with key stakeholders, including customers, employees, and regulators. The growing complexity of global data privacy requirements makes automation essential for efficient and effective privacy compliance. Technology solutions can help organizations meet these demands while reducing administrative burdens and freeing up privacy teams to focus on strategic initiatives. provide instant legal guidance, while streamlines compliance with controls-based frameworks, reducing redundant work by 30%. TrustArc’s Data Mapping & Risk Manager automates data flow mapping and vendor risk management, saving time and reducing operational inefficiencies. Investing in advanced privacy technology positions your organization for long-term operational efficiency and resilience in an increasingly regulated world. By automating critical functions, you can focus on building trust and driving innovation in your privacy programs. Adopt a risk-based approach With the ever-expanding regulatory landscape, it’s impossible to address every risk equally. Focus resources on high-risk areas, such as sensitive data processing and cross-border data transfers. This not only reduces exposure but also aligns with regulators’ expectations. Collaborate across functions Privacy is no longer siloed. Teams across legal, IT, marketing, and product development must collaborate to ensure compliance and foster innovation responsibly. Align your privacy program with your organization’s overall mission and values. This ensures that privacy is not just a compliance checkbox but a core business principle. Assess the effectiveness of your privacy program regularly. to track progress and identify areas for improvement. Don’t hesitate to consult with legal counsel or external privacy experts for guidance on complex issues. The road ahead for data privacy professionals Converging forces will shape data privacy in 2025: the rapid evolution of laws, growing consumer demands for transparency, and the adoption of transformative technologies like AI. Organizations that respond with agility, innovation, and a commitment to responsible data use will achieve compliance and position themselves as leaders in a trust-driven marketplace. As Edna Mode famously declared in , “No capes!” In the world of privacy, the equivalent might be “No shortcuts!” Your data privacy strategy is your super suit —it protects, empowers, and ensures you can face challenges head-on. By embracing these strategies, privacy professionals can lead their organizations through the complexities of 2025 while safeguarding their most valuable asset—trust. Explore TrustArc’s comprehensive library of AI resources today and empower your privacy team with actionable insights. Complying with multiple regulations? Move away from manual tracking using specialized privacy and governance software to maximize your privacy program. ==================================================================================================== URL: https://trustarc.com/resource/privacy-iot-product-lifecycle/ TITLE: Engineering Privacy into the IoT Product Lifecycle  | TrustArc TYPE: resource --- Why “secure by design” isn’t enough In the ever-expanding universe of smart speakers, wearables, and enterprise-connected devices, the Internet of Things (IoT) feels less like a trend and more like the air we breathe; ubiquitous, invisible, and all-powerful. But with great connectivity comes great responsibility. Product teams and privacy engineers face tough questions: How do we keep pace with innovation without sacrificing privacy? How do we protect users and uphold compliance when data flows faster than we can type “DPIA”? Privacy engineering for IoT can’t be an afterthought. It must be your architecture’s first brick and your product’s lasting legacy. Forget retrofit. Think privacy from the first sketch privacy into an IoT device is like trying to build a panic room after the intruder’s already in the house. Once a product hits the market, course-correcting is costly and chaotic. The technical debt, legal risk, and reputational damage can spiral out of control. That’s why regulations like the and industry endorsed frameworks insist on embedding Privacy by Design into every stage of development. You wouldn’t deploy a drone without rotors, so don’t deploy a connected product without a privacy foundation. Privacy engineering isn’t a hurdle to overcome. It’s a force multiplier. From design to decommission: Navigating the IoT lifecycle The IoT product lifecycle is an engineering roadmap and a privacy minefield. Every phase, from conceptual sketch to final shutdown, introduces fresh risks. But it also brings opportunities to build trust, reinforce compliance, and future-proof your product. Let’s break down how privacy considerations evolve across the lifecycle: 1. Design: The bedrock of trust The design phase is your first and best chance to steer clear of privacy pitfalls. Start by practicing : only collect what’s absolutely necessary for the device to function. For example, a smart thermostat doesn’t need to know your name. It just needs your preferred temperature settings. Want to take it a step further? Embrace edge computing. Processing data locally on the device reduces exposure, enhances security, and gives users greater control over their information. This is also the right time to conduct a Data Protection Impact Assessment (DPIA) . It helps flag high-risk processing activities before they become high-profile headlines. 2. Build: Architecture that defends When it’s time to build, security and privacy must be hardwired into the system. Encrypt personal data both in transit and at rest. Authenticate with unique device credentials, not factory-set passwords anyone can guess. Design for Data Subject Requests (DSRs) , so users can access, modify, or delete their data with ease. Consider this your privacy scaffolding: strong, supportive, and built to last. And let’s not forget classification. Tag and manage data based on sensitivity levels so downstream systems can apply the right protections automatically. Without it, you’re asking your product to navigate blindfolded. 3. Deploy: The moment of truth Deploying your IoT device is like opening night on Broadway. Except regulators, watchdogs, and hackers are all in the front row. The success of your performance depends heavily on you communicate with your users. Are your consent dialogs clear and non-coercive? Can users easily opt in and opt out? Do your privacy disclosures read like a human wrote them (because a lawyer didn’t)? Transparency is your greatest asset at this stage. Spell out what you collect, why, and for how long. Better yet, offer a layered approach. Give a plain-language overview upfront with deeper detail for those who want it. If users trust your product on day one, you’re already ahead of the pack. Building transparency into your product experience isn’t just smart—it’s what consumers expect. See what today’s users demand from IoT privacy , and how to design connected products they actually trust. 4. Maintain: Vigilance never sleeps IoT devices aren’t “fire and forget.” They’re living, evolving systems that require ongoing attention. Regular audits can flag privacy drift, while timely patches fix vulnerabilities before they become PR nightmares. But maintenance is organizational, not just technical. Who’s responsible for what? Is there a process in place to handle breach notifications or DSR requests? Accountability here means clarity: defined roles, documented procedures, and systems that adapt as regulations shift. This is where automation tools like TrustArc’s Data Mapping & Risk Manager shine. Instead of chasing down spreadsheet updates and email chains, you get auto-generated data flows, smart risk scoring, and ready-to-export compliance reports. 5. Decommission: Leave no trace behind When it’s time to retire a device, don’t let privacy die with it. Develop clear end-of-life policies that include secure data erasure and user notifications. Otherwise, ghost data can linger, creating phantom risks long after the device is unplugged. Whether it’s wiping user profiles from a smart fridge or revoking tokens on an industrial sensor, your shutdown should be just as intentional as your launch. DPIAs for IoT: Your privacy crystal ball DPIAs aren’t red tape—they’re reconnaissance. For IoT products, they help you anticipate privacy impacts before deployment, allowing for smarter, safer decisions. Start by identifying whether your device poses elevated risks (e.g., health data, real-time monitoring, or geolocation tracking). Then map your data flows, pinpoint vulnerabilities, and build mitigation plans. Tools like TrustArc streamline this process, automatically surfacing areas of concern and suggesting actionable fixes. From homes to warehouses: Privacy in action Here’s how privacy engineering looks across three real-world IoT contexts: A voice assistant like Alexa or Google Nest must localize voice processing and offer clear opt-ins for always-listening features. Transparent data retention policies and user-accessible deletion tools are essential. These devices handle ultra-sensitive data such as heart rate, sleep cycles, and menstrual tracking. Building privacy here means strong encryption, consent dashboards, and granular DSR controls. Think of it as Used in warehouses or manufacturing lines, these sensors must secure enterprise data and protect . Lifecycle planning includes secure onboarding, role-based access control, and structured decommissioning to ensure no data lingers post-use. Each of these examples underscores one thing: privacy isn’t a nice-to-have. It’s the difference between product success and regulatory fallout. Measuring privacy success: Metrics that matter How do you know your privacy strategy is working? Metrics. Volume of personal data collected (is it shrinking over time?) Percentage of encrypted data Consent opt-in and revocation rates DSR fulfillment timeframes Then move to more qualitative signals: Are users engaging with your privacy controls? Are complaints trending down? Does your Net Promoter Score (NPS) improve when you update privacy features? Privacy is measurable. And like any good engineering practice, what gets measured gets improved. The bottom line: Privacy is the product The IoT future is here, but privacy is what will keep it alive. From design boards to firmware updates, privacy must be woven into your product’s DNA. Not bolted on. Not bandaged over. But Whether you’re launching a smart watch, scaling a sensor network, or just trying to meet GDPR without losing sleep, the path forward is clear: Above all, automate the boring stuff. TrustArc’s suite of tools helps you map data, assess risks, and manage vendors in minutes, not months. Map Smarter. Manage Risk Better. Automatically map data flows, surface hidden risks, and generate audit-ready records so you can build trust and compliance into every connected product from the start. Rights Requests, Resolved Without the Stress. Automate and scale DSR fulfillment across global regulations with TrustArc’s Individual Rights Manager. Reduce manual effort, streamline workflows, and respond with confidence. No bottlenecks, no burnout. ==================================================================================================== URL: https://trustarc.com/resource/iot-privacy-building-trust/ TITLE: IoT and Privacy: Building Trust in a Connected World | TrustArc TYPE: resource --- Welcome to the Internet of Things (IoT), where your fridge knows your midnight snack habits and your fitness tracker tattles on your lazy Sundays. It’s a brave new world of interconnectivity and a privacy pressure cooker for professionals tasked with protecting sensitive personal data. This article will help privacy, compliance, technology, and security professionals unpack the evolving IoT ecosystem, decode key risks, and uncover how to apply compliance frameworks and privacy-by-design practices to this data-hungry domain. Why IoT is a privacy pressure cooker The Internet of Things is exploding. From smart thermostats and security cameras to and wearable health monitors, billions of devices are silently collecting, transmitting, and analyzing data. This data isn’t just metadata or machine telemetry. It’s personal. Hyperpersonal. IoT turns everyday activities into data streams: when you wake up, where you drive, how long you brush your teeth. This makes the stakes high for privacy professionals. Missteps in IoT privacy aren’t just theoretical risks. They’re front-page scandals waiting to happen. The IoT ecosystem: Devices, data, and dependencies Think of IoT as a sprawling, high-tech nervous system where each sensor, server, and software component plays a role in sensing, processing, and reacting to the world around it. Each endpoint in this ecosystem contributes to a web of dependencies: : Wearables, appliances, medical implants, vehicles, and sensors. : Raw data (location, temperature, motion), derived data (behavior patterns), and inferred data (mood, health status). : Manufacturers, cloud providers, app developers, third-party analytics tools—all touching the data pipeline. One vulnerable link or sloppy privacy practice can compromise the entire chain. Key privacy risks in the IoT realm Privacy professionals managing IoT ecosystems face a buffet of challenges. Here are the heavy hitters: Most IoT devices vacuum up far more data than necessary. Why track ambient noise to change the thermostat? Aggregated IoT data can build intrusive user profiles. Think: behavioral insights that advertisers, insurers, or employers could exploit. Many IoT devices are deployed with outdated firmware, no patching pathway, and default passwords. It’s a hacker’s dream. IoT often collects data passively. Users aren’t aware it’s happening, let alone able to provide informed consent. Data sharing complexities IoT data frequently travels across organizational and national borders. Each handoff introduces new privacy vulnerabilities and legal obligations. IoT-specific compliance considerations aren’t regulations you can sidestep. They matter. Here’s what you need to watch: Consent must be informed, granular, and revocable. Good luck achieving that with a smart vacuum interface. Users have the right to know what you collect and why. That includes data used to “optimize user experience.” Deleting data across devices, clouds, and third parties? Easier said than done, but required. If your IoT product relies on third parties, you’re still on the hook for their privacy practices. map your data flows and update your RoPA (Record of Processing Activities) to account for new devices and data types. Privacy by design in IoT: What it actually looks like is not a checkbox. It’s a mindset. It demands that privacy protections are baked in, not bolted on. In the world of IoT, this involves a full-spectrum commitment from concept to sunset: Only gather what is essential. not only reduces risk but also strengthens user trust. That “just in case” mentality? Toss it. Leverage edge computing to perform as much processing as possible on the device itself. This reduces reliance on cloud services and lowers the risk of interception or exposure during transmission. Design intuitive dashboards and mobile interfaces that let users grant, revoke, or limit access to their data. Provide granular options, not just a one-size-fits-all toggle buried in settings. Configure devices to prioritize privacy out of the box. That means disabling unnecessary data sharing, masking personal information, and closing unused ports without requiring user intervention. Lifecycle considerations: Build in secure data deletion protocols, auto-wipe features for lost or decommissioned devices, and firmware updates that reinforce (not undermine) security and privacy. Transparency and feedback loops: Inform users about data flows in real-time when possible, and offer logs or audit trails they can access. Users shouldn’t need a PhD to understand what your product is doing. A privacy-first toothbrush might sound absurd. Until you realize it tracks user IDs, records timestamps, transmits brushing patterns via Wi-Fi, and syncs with your dental insurance app. That’s not oral hygiene. It’s a data goldmine if left unchecked. Cross-device transparency and consumer expectations Your smart speaker talks to your lights, which sync with your phone and share data with your fridge. Cross-device functionality is convenient for consumers, but it can be chaotic for compliance. Fragmented privacy notices that differ by device and vendor. Varying levels of user control depending on the interface, platform, or manufacturer. Aggregated data creating composite behavioral profiles, often without users’ full understanding. The complexity compounds when third-party apps, voice assistants, or service providers enter the equation. Many devices lack displays or meaningful interfaces to communicate what data is being collected, let alone offer granular opt-out mechanisms. Users may unknowingly agree to terms on one device that affect how data is processed across their entire connected ecosystem. Consumers today expect seamless experiences and synchronized privacy controls. Meeting those expectations means delivering: Unified privacy notices that span device families and data uses. Centralized privacy dashboards that provide real-time visibility into cross-device data flows. Harmonized consent mechanisms that travel with the user, not just the device. Treating privacy as an integrated, ecosystem-level feature—rather than a product-level afterthought—is no longer optional. It’s essential to earning and maintaining user trust in a multi-device world. Wondering how consumers really feel about your connected products? See what’s fueling the IoT trust gap and how you can close it with transparency, control, and thoughtful UX. Actionable checklist for privacy professionals To tame the IoT beast, privacy teams should: Conduct a data inventory: Map what’s collected, from where, and where it flows. Update consent practices: Design dynamic and contextual consent flows for IoT environments. Deploy strong security controls: Encrypt data in transit and at rest. Require strong authentication. Embrace privacy by design: Integrate privacy requirements into your IoT development lifecycle. Demand privacy guarantees from vendors and conduct Data Protection Impact Assessment (DPIA) Operationalize data subject rights: Make it easy for users to access, delete, or move their data. Maintain detailed RoPAs, DPIAs, and audit trails. Ensure devices can be decommissioned without retaining or leaking personal data. How TrustArc can help operationalize IoT compliance Privacy and Data Governance Controls Framework provides the scaffolding for scalable, future-ready IoT compliance. From to continuous monitoring and , TrustArc helps organizations bring structure, security, and strategy to complex privacy environments. Whether you’re launching a smart product or wrangling legacy devices into compliance, TrustArc empowers privacy professionals to stay proactive, protected, and prepared for the road ahead. From overwhelmed to empowered The IoT landscape is evolving faster than a Netflix algorithm. But with a proactive mindset, privacy pros can promote trust, accountability, and transparency in a connected world. In the end, IoT privacy isn’t about saying “no” to innovation. It’s about designing with dignity, deploying with integrity, and never underestimating a toaster’s ability to spill secrets. Want to future-proof your IoT compliance strategy? Smarter Mapping. Safer Decisions. Connect the dots between data flow, risk, and compliance. Automatically discover personal data, generate dynamic ROPAs, and identify high-risk vendors before they become headlines. Consent That Clicks. Preferences That Stick. Turn chaos into clarity with cross-channel consent and preference management. Give customers control—and give your team the tools to manage it all from one centralized hub. ==================================================================================================== URL: https://trustarc.com/resource/protecting-personal-data-in-smart-cities/ TITLE: Protecting Personal Data in Smart Cities: The Role of Privacy Tech | TrustArc TYPE: resource --- Smart cities and the privacy challenge Imagine a city where traffic flows seamlessly, energy consumption is optimized, and public services respond intuitively to residents’ needs. This scene isn’t science fiction—it’s the promise of smart cities. By leveraging interconnected IoT devices, AI-driven analytics, and cloud computing, smart cities are revolutionizing urban life. Across the globe, cities are embracing technology to enhance efficiency and improve residents’ lives. From Barcelona’s sensor-equipped streetlights that optimize energy use to Singapore’s real-time traffic monitoring system, which reduces congestion, smart cities are redefining urban living. While these innovations bring undeniable benefits, they also necessitate a careful approach to data privacy and security, ensuring that technological advancements do not compromise As former U.S. Supreme Court Justice Louis Brandeis once warned, “The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well-meaning but without understanding.” The same technologies that power smart cities also introduce serious privacy concerns, requiring a balance between innovation and ethical . Mass data collection—ranging from facial recognition to behavioral analytics—creates an immense attack surface for cybercriminals while raising ethical questions about mass surveillance. For privacy, cybersecurity, and compliance professionals, protecting personal data in smart cities is not just a technical necessity—it’s a regulatory, ethical, and business imperative. How do we enable innovation while ensuring privacy, security, and transparency? The risks of personal data in smart cities: a security and compliance perspective The digitization of urban infrastructure has enabled cities to function more efficiently, but this progress comes with significant risks. The vast amount of personal data collected through smart city technologies can lead to privacy vulnerabilities, cybersecurity threats, and regulatory challenges. Responsible data management is crucial to maintaining public trust and compliance with evolving laws. Below, we examine some key risks associated with personal data in smart cities. 1. Unprecedented data collection and processing Smart cities thrive on data. Tons of data. From real-time traffic monitoring to biometric security, these systems collect personally identifiable information (PII) , geolocation data, and behavioral patterns at an unprecedented scale. Even anonymized data can often be re-identified when combined with other datasets. According to the Future of Privacy Forum , the aggregation of data from various sources creates an increased risk of individual identification, even if personally identifiable details are initially stripped away. 2. Cybersecurity threats and attack vectors The interconnected nature of smart city infrastructures makes them a prime target for cyber threats. Consider the following: IoT device vulnerabilities: Hackers can exploit unsecured smart meters, sensors, and traffic lights. A compromised vendor system can lead to city-wide breaches. Malicious actors leverage AI to bypass traditional security measures and manipulate data-driven decision-making. The International Association of Privacy Professionals (IAPP) report found that many smart cities lack standardized security controls, exposing critical systems to cyber threats. 3. Regulatory and compliance challenges , privacy regulations are evolving—but how they apply to smart cities remains murky. Additionally, China’s Personal Information Protection Law (PIPL) introduces strict requirements on data transfers, posing compliance challenges for global smart city initiatives. Other sector-specific regulations, such as those governing health and financial data in smart city applications, further complicate compliance efforts. Navigating these frameworks requires careful coordination between legal, technical, and policy teams. Cross-border data transfers: Cities using international must navigate complex jurisdictional issues. Public-private partnerships: Many smart city projects involve private technology companies, raising concerns over data ownership and accountability. Auditability and transparency: Regulators require organizations to document how data is collected, processed, and stored, which is often challenging with fragmented city infrastructures. A World Economic Forum study found that only 25% of smart cities conduct privacy impact assessments (PIAs) before implementing new technology, exposing those not conducting PIAs to compliance failures. 4. Ethical and trust issues Even if smart city initiatives are legally sound, they must also be ethically defensible. Consider: Facial recognition and AI bias: Automated systems can disproportionately impact marginalized communities. Mass surveillance concerns: Citizens may be unaware their data is being collected and analyzed. Without transparency, public backlash can derail smart city projects before they launch. The Future of Privacy Forum warns that failure to address privacy concerns in smart cities could lead to public resistance, legal challenges, and potential regulatory crackdowns. Smart cities must integrate principles to avoid security risks, compliance failures, and public distrust. Privacy concerns in smart cities don’t just live in policy papers—they show up in user sentiment. Learn what’s fueling the IoT trust gap and how smart city initiatives can meet rising consumer expectations with transparency, control, and ethical design. The business and compliance implications of smart city data As smart cities evolve, businesses and regulatory bodies must adapt to new data security challenges. From safeguarding personally identifiable information to ensuring compliance with global privacy regulations , the responsibility of protecting smart city data falls heavily on cybersecurity professionals and privacy leaders. Below, we explore the key considerations for these professionals and how they can mitigate risks in an increasingly connected urban landscape. For cybersecurity professionals With citizen data as a prime target, Zero trust architectures: Role-based access control (RBAC) and least-privilege access models are critical to protecting sensitive data. Vendors handling smart city data must undergo rigorous security assessments. For privacy and compliance leaders across infrastructures ensures adherence to evolving legal requirements. Privacy Impact Assessments (PIAs): These are essential for identifying risks before rolling out new technology. Consent and transparency: Providing clear opt-in/opt-out mechanisms is key to maintaining public trust. Organizations must integrate risk management, security frameworks, and privacy governance into smart city planning. Business responsibilities: Who owns smart city data protection? Ensuring privacy in smart cities is not the responsibility of a single entity—it requires a collaborative effort between public institutions, private sector leaders, and regulatory bodies. With vast amounts of data generated daily, cities must establish clearly defined roles and accountability measures to prevent misuse, enforce compliance, and uphold public trust. The following stakeholders play critical roles in managing smart city data protection. Responsibilities include: City governments and public entities: Enforcing and ensuring transparency in data practices. Private sector and tech vendors: Embedding privacy-by-design principles in smart infrastructure. Third-party service providers: Securing APIs, cloud environments, and IoT ecosystems with robust access controls. Cybersecurity and privacy teams: Conducting continuous risk assessments and real-time monitoring. Regulatory bodies and compliance officers: Auditing data governance policies and imposing sanctions for violations. Collaboration between municipalities, enterprises, and regulators is critical to creating a secure, privacy-centric smart city ecosystem. The role of privacy management technology in smart cities As smart cities become more data-driven, the need for advanced privacy management solutions has never been more urgent. Traditional security measures are no longer sufficient to safeguard the vast amounts of personal data collected. is crucial in mitigating risks, ensuring compliance, and fostering public trust. Looking ahead, emerging technologies like privacy-enhancing technologies (PETs), blockchain for smart contracts, and AI governance frameworks will be essential for maintaining secure and ethical smart city operations. These tools help cities balance innovation with robust data protection practices. Below, we explore key technologies that help address these challenges and enhance data protection in smart cities. How privacy tech solves these challenges 1. Privacy automation and compliance tools and classification ensures proper handling of PII. Automated data retention and deletion policies prevent unnecessary exposure. 2. Zero trust and cybersecurity solutions Multi-factor authentication (MFA) and end-to-end encryption safeguard smart city data. Network segmentation and continuous threat monitoring reduce attack vectors. Differential privacy techniques enable data analytics without exposing individual identities. Privacy-preserving AI models mitigate bias in automated decision-making systems. 4. Consent and preference management platforms Blockchain-based consent tracking ensures auditability and compliance. Giving citizens direct control over their data fosters public trust. 5. Incident response and breach management AI-driven threat detection and automated response mechanisms reduce data breach risks. Forensic tools track and contain cyber incidents before they escalate. Organizations can establish a proactive and resilient defense against emerging data risks by integrating privacy management technology into smart city infrastructures. This technology safeguards , enables compliance with evolving regulations, and strengthens public confidence in digital urban ecosystems. As cities embrace innovation, a strong privacy framework will be the key to sustainable and ethical progress. Leading the charge in smart city data protection The rise of smart cities presents both opportunities and risks. Privacy and security leaders must proactively shape policies, deploy protective technologies, and champion ethical governance. Organizations must adopt a forward-thinking approach to safeguarding personal information to ensure data protection in smart cities. A proactive approach begins with conducting PIAs before implementing new technologies, ensuring organizations identify and mitigate potential risks early. A robust security framework, including zero-trust security models and end-to-end encryption, is essential for preventing unauthorized access to sensitive data. Additionally, leveraging automated privacy management and risk assessment tools enables organizations to monitor compliance and data protection efforts efficiently. Strong vendor due diligence is necessary to minimize third-party risks and ensure all external partners adhere to strict privacy and security standards. Lastly, advocating for regulatory clarity and the ethical use of AI in smart city infrastructure will help shape policies that protect both organizations and the public. How is your organization preparing for the privacy and security challenges of smart cities? Explore cutting-edge privacy tech solutions to stay ahead of evolving threats and compliance demands. Automate your compliance program Get guidance to identify compliance issues and get recommended remediations for privacy and security on day one. Privacy, vendor, and risk assessments Act now to close gaps, prevent costly mistakes, and ensure seamless regulatory reporting. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-integrations-workbook/ TITLE: TrustArc Integrations Workbook | TrustArc TYPE: resource --- TrustArc Integrations Workbook TrustArc Integrations Workbook Before you build a workflow, build a plan. The TrustArc Integrations Workbook is the essential planning tool for privacy, compliance, and IT teams designing automation Recipes with TrustArc. Whether you’re syncing third-party vendor data or orchestrating cross-system workflows, this workbook helps you get clarity on every step—before you start dragging actions in the builder. With guided prompts, templates, and logic planning checklists, this workbook walks you through identifying the right triggers, structuring step-by-step flows, anticipating edge cases, and setting up monitoring and alerting protocols. It’s designed to help teams reduce rework, avoid task waste, and build flows that are clear, cost-efficient, and resilient. Define outcomes, triggers, filters, and logic with clarity Error planning and task efficiency: Avoid scope creep and wasted usage with built-in best practices Plan for monitoring, versioning, and responsible sunsetting Use this workbook to turn good ideas into great automations—every time. ==================================================================================================== URL: https://trustarc.com/resource/privacy-automation-cookbook/ TITLE: The Privacy Automation Cookbook | TrustArc TYPE: resource --- The Privacy Automation Cookbook Build Smarter Privacy Workflows with the Privacy Automation Cookbook Ready to move from theory to execution? The Privacy Automation Cookbook is your practical guide to designing intelligent, scalable automations that minimize task usage and maximize privacy impact. Built for privacy professionals, this guide goes deep into the logic, structure, and cost-efficiency of workflow design using TrustArc Integrations. You’ll learn how to think like a builder, map out your logic, reduce unnecessary steps, and monitor task usage to stay within budget—without sacrificing compliance or performance. With visual breakdowns, checklists, real-world examples, and tactical insights, this Cookbook helps you launch privacy automations that are lean, reliable, and repeatable. Learn what counts as a task—and what doesn’t—to build cost-efficient flows Use filters, conditions, and loops with intention and clarity Spot usage spikes, optimize logic, and scale workflows with confidence Whether you’re syncing vendors, handling DSARs, or logging risk assessments, this Cookbook is the resource to automate with precision. ==================================================================================================== URL: https://trustarc.com/resource/getting-started-trustarc-integrations/ TITLE: Getting Started with TrustArc Integrations | TrustArc TYPE: resource --- Getting Started with TrustArc Integrations Kickstart Privacy Automation with TrustArc’s No-Code Integrations Privacy, Legal, IT, and Compliance teams are under pressure to do more—with fewer tools and tighter timelines. Getting Started with TrustArc Integrations is your hands-on guide to launching automated, scalable, no-code workflows that connect your entire privacy tech stack in minutes, not months. This practical eBook walks you through TrustArc’s visual Recipe Builder, explaining how to use triggers, actions, logic, and loops to automate vendor risk reviews, system syncing, and more—without writing a single line of code. Designed for non-developers, TrustArc Integrations help your team reduce IT reliance, eliminate delays, and operate with real-time precision. No-code workflow builder: Launch privacy automations visually—no engineers required Prebuilt recipes & 300+ connectors: Start fast, customize easily Track task usage, errors, and performance in one dashboard Whether you’re syncing Salesforce vendors or triggering tasks in ServiceNow, TrustArc Integrations let you move faster, reduce risk, and scale smarter. ==================================================================================================== URL: https://trustarc.com/resource/ccpa-compliance-checklist/ TITLE: CCPA Compliance Checklist Download | TrustArc TYPE: resource --- CCPA Compliance Checklist: A Strategic Starting Point for Your Program The California Consumer Privacy Act (CCPA) sets the standard for responsible data handling, but operationalizing compliance can be overwhelming. That’s where our CCPA Compliance Checklist This free resource translates complex legal requirements into 10 actionable steps that help you build a smarter, more resilient privacy program. From data mapping and consumer rights to vendor oversight and breach preparedness, this checklist gives you a practical framework to stay aligned with CCPA requirements and elevate trust with every action. Whether you’re launching a new initiative or enhancing existing practices, this checklist is your go-to guide for making privacy work clearly, efficiently, and at scale. Break CCPA compliance into clear, manageable steps you can execute today. Address data governance, consumer rights, consent, third parties, and more. Use the checklist to prioritize resources and accelerate compliance workflows. “Meeting CCPA requirements protects your business. Earning trust future-proofs it.” ==================================================================================================== URL: https://trustarc.com/resource/midyear-momentum-data-privacy-trends-2025/ TITLE: Midyear Momentum: What’s Trending in Data Privacy for 2025 (and What It Means for Your Program) | TrustArc TYPE: resource --- If you thought data privacy was plateauing in 2025, think again. We’re just halfway through the year, and privacy professionals are already navigating a regulatory landscape more twisted than a Christopher Nolan plot. From an explosion in U.S. state laws and global enforcement shifts to sector-specific AI regulations and deepfakes you can’t unsee, the stakes have never been higher or more complex. Whether you’re leading compliance for a multinational, wrangling privacy ops at a startup, or building AI systems with one eye on innovation and the other on risk, this article breaks down the top 2025 data privacy trends and what to do about them before year’s end. U.S. state privacy laws surge in 2025: Eight is not enough Let’s start with the stat that should make every privacy pro sit up straighter: eight new U.S. state privacy laws went into effect in 2025 , doubling the number of enforceable state privacy laws compared to the previous five years combined. This is more than growth. It’s a privacy law avalanche. States like Delaware, Minnesota, New Jersey, and no longer exempt nonprofits, signaling a broader scope of compliance. Small Business Carve-Outs: Exemptions now vary widely. Some states use revenue thresholds, others follow SBA definitions. Universal Opt-Out Mechanisms (UOOMs): Global Privacy Control (GPC) are increasingly required, echoing the old “Do Not Track” era, and regulators are taking action. Align your consent and opt-out mechanisms with UOOM standards. If your “reject all” button is buried in subtext, you’re already on the radar. Tracking tech under the microscope: From pixels to penalties The enforcement activity around tracking technologies feels less like regulatory drift and more like a targeted campaign. California’s AG cracked down on companies like Honda, Todd Snyder, and Healthline for broken consent portals and invasive trackers, even when unintentional. The kicker? Seemingly small tech failures, like a malfunctioning “Do Not Sell” button, triggered broader audits of contracts, employee training, and vendor data-sharing practices. Your cookie banner isn’t just UX. It’s a regulatory red carpet. Case in point: Healthline faced scrutiny for inferring health conditions from article views and sharing that data with third parties, inviting claims of sharing Conduct regular technical audits of consent flows and tag managers. Don’t just “set and forget.” The banner may be pretty, but does it actually work? If you’re navigating these risks, now’s the time to level up your knowledge. Download The Ultimate Guide to Online Tracker Technology for a deep dive into how trackers work, where privacy pitfalls occur, and how to confidently manage vendors and technologies. Whether you’re overseeing compliance, building consent strategies, or refining your tech stack, this guide is your roadmap to responsible tracking. AI regulation in the U.S. (more patchwork, more problems) AI regulation is the new privacy regulation, and it’s just as fragmented. As of June 2025, over 26 states have enacted AI-specific laws, with 48 states and Puerto Rico introducing bills . These laws range from the narrow—chatbot labeling—to the sweeping—algorithmic fairness, child safety, and transparency. AI regulation increasingly reflects the kinds of ethical, reputational, and societal risks that once seemed like edge cases or viral stunts. Take the , which protects against AI-generated impersonation of voice and likeness, or legislation triggered by chatbot-fueled fraud, like the now-infamous case where a dealer’s chatbot accidentally sold a car for $1 . These aren’t hypotheticals anymore. They’re legislative catalysts. Health care and hiring practices are under a microscope in California and Massachusetts. New Jersey and Oregon are leading through transparency and fairness requirements. AI and privacy intersection: AGs in MA, TX, and CA are issuing joint guidance on privacy and AI. AI like a new privacy frontier . Start with a data map specific to AI inputs and outputs, and implement layered transparency for AI use cases, especially when decision-making is automated. Cross-border compliance: New frameworks, old risks Cross-border data transfer challenges in 2025 are defined by one word: DOJ Bulk Sensitive Data Rule: , U.S. businesses must document “good faith efforts” to avoid sharing sensitive data with countries of concern (e.g., China, Russia, Iran). Global Cross-Border Privacy Rules (CBPR) system launched in June and now spans six continents. Two more countries are expected to join this year. AI workloads are triggering new obligations to track where data is trained and stored, especially when crossing borders. If you haven’t already, assess whether your AI workloads or vendors are subject to data localization. Then, to future-proof your international data strategy. Wiretaps, pixels, and plaintiffs: What’s driving legal risk now? Litigation is no longer a maybe. It’s a probability. The plaintiffs’ bar is exploiting everything from wiretap statutes, such as the California Invasion of Privacy Act (CIPA), to obscure federal laws like the Video Privacy Protection Act (VPPA). They’re even using to gather intelligence for lawsuits. Emerging litigation threats: Even minor technical missteps on websites (like using session replay without clear consent) are being challenged under decades-old laws. Adtech and Martech platforms, just under the big tech tier, are now squarely in the crosshairs. Biometric & genetic data: Illinois’s Biometric Information Privacy Act (BIPA) and Genetic Information Privacy Act (GIPA) continue to drive high-dollar claims. Assume every pixel could be used against you. Vet all third-party scripts and train marketing and privacy teams to collaborate, preferably before your website appears in a complaint. The road ahead: Fragmented, converging, and fast The second half of 2025 presents a paradox for privacy leaders: laws are multiplying at breakneck speed, yet many are beginning to coalesce around shared expectations. Fragmentation and convergence are happening side by side. While every state and country is creating its own laws, universal mechanisms like GPC, opt-out rights, and consent enforcement are becoming standard. What was once considered a best practice is now the minimum bar. Spot checks are the new normal: Regulators aren’t just reacting to complaints; they’re actively reviewing banners, privacy policies, and DSAR portals to spot issues before they escalate. Privacy’s expanding perimeter: AI, connected vehicles, and smart TVs are pushing privacy professionals into new territory where compliance intersects with engineering, product design, and societal impact. No matter how advanced your is, it won’t matter if you can’t fulfill a DSAR, manage consent, or track your data flows. Strong foundational practices are still your best defense. privacy program’s maturity . Ensure that the core elements—transparency, accountability, and user rights—are scalable, resilient, and ready for scrutiny. Privacy is having its “main character moment” If the first half of 2025 has made one thing clear, it’s this: privacy and AI risk are no longer niche concerns. They are boardroom topics, investor questions, and front-page headlines. The line between privacy program gaps and business exposure has never been thinner. To lead with confidence in the second half of the year: across jurisdictions and regulatory frameworks. Treat AI as an accelerant of privacy risk, not a workaround. Make technical accuracy a nonnegotiable from consent flows to training data. (marketing, product, legal, engineering) with the knowledge to play their part The companies that succeed won’t be the ones with the flashiest privacy slogans. They’ll be the ones with resilient systems, repeatable processes, and cross-functional alignment. Because in today’s privacy landscape, your ability to execute separates control from chaos. Compliance, Without the Complexity. PrivacyCentral makes it easy to meet global privacy obligations without the overhead. Automate assessments, close gaps faster, and reduce repetitive work with a controls-based framework built for scale. Smarter Research. Faster Results. Cut through the legal noise with Nymity Research. Get expert-curated summaries, daily alerts, and comparative guidance across 1,000+ privacy laws so your team can stay informed and focused. ==================================================================================================== URL: https://trustarc.com/resource/latin-americas-privacy-compliance-strategy-2025/ TITLE: Latin America’s Privacy Pivot: How to Build a Regionally Tailored Compliance Strategy in 2025 | TrustArc TYPE: resource --- From AI regulation to cross-border transfers, Latin America (LATAM) privacy laws are growing fast. Here’s how to keep up without losing your grip. If Latin America’s privacy landscape were a movie, 2025 would be its dramatic turning point, the kind where the main character gains clarity, confidence, and a pretty solid enforcement toolkit. Privacy laws across LATAM aren’t just catching up with global standards. They’re rewriting the script. -inspired reforms accelerating in countries like Brazil, Colombia, and Argentina and emerging laws in El Salvador and Guatemala taking the spotlight, organizations can’t afford to treat the region as a regulatory afterthought. From biometric data bans to neurodata rights, LATAM’s privacy framework is both a patchwork and a powerhouse in the making. So, what does this mean for your privacy program? Let’s dig in. The state of LATAM privacy laws in 2025 The evolution of privacy regulation in LATAM has followed three major regulatory shifts: (1980s–1990s): Think habeas data, the right to access and correct personal data in public and private databases. This right remains relevant, especially in countries like Ecuador, where it is extensive and enforceable. (Early 2000s): Countries like Paraguay and Uruguay adopted frameworks that placed consent at the core. These laws emphasized Access, Rectification, Cancellation, and Objection (ARCO rights), with a strong emphasis on financial data. GDPR-inspired legislation (Post-2018): Brazil’s LGPD led the charge, followed by Mexico, Chile, Ecuador, and El Salvador. These laws introduce additional legal bases for processing, Data Protection Officers (DPOs), data portability, and risk-based compliance obligations. LATAM’s leading laws: The privacy heavyweights of 2025 While Latin America’s privacy landscape is undeniably fragmented, several countries have emerged as standard-setters either for their GDPR-inspired comprehensiveness, EU adequacy status, or forward-thinking reforms. Here are the key players shaping the regional narrative: Argentina: Personal Data Protection Act (PDPA) Argentina has been a trailblazer in the region, modeling its law on the European framework and securing EU adequacy status back in 2003. Prohibits transfers to jurisdictions without Provides criminal penalties for violations. , including access, correction, and deletion. Uruguay: Data Protection and Habeas Data Action Law Uruguay is another GDPR-aligned jurisdiction already granted EU adequacy and is lauded for its robust privacy safeguards. as a constitutional and statutory right. Empowers individuals to access, rectify, and erase their data. Enforces restrictions on cross-border data flows. Brazil: General Data Protection Law (LGPD) Brazil’s LGPD is the most influential privacy law in LATAM, both in scope and enforcement. Inspired by the GDPR, covering personal and sensitive data. national Data Protection Authority (DPA) Includes model contractual clauses and for high-impact processing. Mexico Federal Law on the Protection of Personal Data Held by Private Parties (2010) Mexico was early to the game, but faces challenges with political oversight of its privacy authority. immediate breach notification. and Data Protection Officer (DPO) appointment mandates. public and private sectors Colombia: Statutory Law 1581 of 2012 Colombia’s robust compliance regime includes mandatory and standalone DPO obligations. Mandates DPOs and registration with the Superintendence of Industry and Commerce (SIC). Draft reforms aim to regulate Peru: Personal Data Protection Law (Law No. 29733) Peru’s secondary regulations introduced some of the region’s tightest breach notification rules as soon as facts are confirmed. cross-border data transfers. Applies to biometric and neurodata. Chile: Personal Data Protection Law (PDPL) 2024 Chile’s newly reformed PDPL brings the country closer to GDPR alignment with extraterritorial scope, enhanced individual rights, and a dedicated enforcement authority. public and private entities processing data of Chilean residents. informed, revocable consent Grants access, correction, deletion, and new portability rights. Introduces mandatory breach notification and national data protection authority Costa Rica: Law on the Protection of Individuals Regarding the Processing of Personal Data (Law No. 8968) While progressive, Costa Rica still lacks a fully empowered enforcement body. Paraguay: Data Protection Law (focused on commercial data) A narrowly scoped law with sensitive data processing. after specific time periods. Ecuador & Panama: Constitutional Provisions Though not yet armed with comprehensive laws, both countries embed privacy rights directly into their constitutions. Future omnibus laws are expected to follow. Regional themes shaping privacy in Latin America Though Latin America’s privacy landscape varies widely by country, a set of shared undercurrents is beginning to shape a regional identity that’s heavily influenced by global standards, domestic constitutional traditions, and increasingly, economic pragmatism. Many of the region’s privacy laws reflect familiar building blocks , consent-based processing, and restrictions on cross-border transfers, but the gap between legal structure and operational reality remains a defining feature. Comprehensive laws may exist on paper, but enforcement and implementation often hinge on the resources, independence, and political stability of each country’s data protection authority. Some agencies, like or Brazil’s ANPD, are becoming formidable enforcers. Others are underpowered, understaffed, or tasked with managing multiple, sometimes conflicting responsibilities like transparency and privacy under one roof. Still, the momentum is undeniable. Countries are aligning with s not just to safeguard individual rights, but to unlock economic advantages. Adequacy status with the European Union, smoother cross-border data flows, and investor confidence are all incentives driving legislative reform and regional interoperability. Initiatives like the Ibero-American Data Protection Network’s model clauses and OECD-aligned frameworks offer a soft path toward harmonization, even without a centralized LATAM privacy regime. What this means for organizations is simple: regional consistency doesn’t equal uniformity . Yes, the laws may look similar, but enforcement thresholds, breach notification timelines, legal terminology, and the availability of Data Protection Impact Assessments (DPIAs) or Standard Contractual Clauses (SCCs) can shift dramatically between neighbors. Operating successfully in this environment requires more than a check-the-box approach. It demands context-aware compliance strategies, localized program design, and close monitoring of both legal reform and enforcement posture. In short, Latin America is not just adopting modern privacy laws. It’s shaping them to fit its own constitutional values, regulatory capacities, and economic realities. And that makes understanding these common themes less about spotting similarities and more about seeing where they diverge in practice. Enforcement is heating up: What the regulators are focusing on Forget the slap-on-the-wrist era. Enforcement in LATAM is shifting from Recent enforcement highlights: for requiring users to provide biometric data to access their accounts—an unlawful practice under Colombian law that emphasizes proportionality and data minimization. became the subject of a preliminary investigation regarding its handling of children’s personal data and the lack of transparency around how user information may be used to train AI algorithms. The case reflects growing regulatory interest in how platforms collect data from minors. over its AI model training practices. Investigations are exploring whether data subjects were given clear, lawful options to opt out of having their personal information used to train generative AI systems. has faced mounting investigations in , with authorities questioning its use of biometric data (notably iris scans), the adequacy of consent mechanisms, and whether compensation structures may violate privacy principles. have become top priorities, often prompting collaborative investigations across multiple countries via the Ibero-American Data Protection Network. The table below outlines the enforcement bodies and their relative strength across key LATAM jurisdictions, highlighting where privacy laws have real regulatory teeth and where oversight remains limited. National Directorate of Personal Data Protection (DNPDP) Investigates complaints, imposes sanctions, operates a database registry, and issues regulations. Active oversight with limited resourcing. Regulatory and Control Unit of Personal Data (URCDP) Supervises compliance, issues guidelines, sanctions violations, and oversees international transfers. EU adequacy supports credibility. Secretariat for Anti‑Corruption and Good Governance Oversees private‑sector compliance, investigates complaints, issues regulations, and imposes sanctions. Active authority under the Executive, but with reduced independence compared to INAI’s former constitutional autonomy. Superintendence of Industry and Commerce (SIC) Investigates violations, imposes sanctions, approves BCRs, and monitors sensitive data processing. Known for proactive enforcement. No dedicated DPA; courts handle enforcement Legal enforcement via judiciary; limited ability to issue guidance or sanctions. No centralized authority limits oversight. No dedicated DPA; courts handle enforcement Judicial enforcement only; lacks a regulatory body to issue guidance or conduct investigations. Limited institutional capacity. Agency under Ministry of Justice (under-resourced) Investigates violations, provides guidance; enforcement is limited by staffing and political support. Limited independence/resources. AI, FinTech, and neurodata: LATAM’s new privacy frontiers 2025 is about more than catching up to Europe. It’s about addressing tomorrow’s tech today. Across Latin America, regulators view AI through the dual lenses of . In countries like Colombia and Chile, draft reforms already target algorithmic profiling and automated decision-making, particularly when used in sensitive sectors such as public services and law enforcement. Colombia’s draft data protection bill, for example, proposes new rights tied to AI use, including transparency in algorithmic logic and protections against discriminatory profiling. Thus, AI governance is placed squarely within the bounds of constitutional dignity and personal autonomy. also clarified that AI training on personal data is not exempt from scrutiny. Its recent precautionary suspension of Meta’s model training activities underscored a growing insistence on lawful processing bases, meaningful transparency, and functional opt-out mechanisms. As AI capabilities grow, so does the demand for AI accountability frameworks integrating privacy at every step , from training to deployment. Latin America’s booming FinTech sector is driving financial inclusion, but it’s also outpacing traditional regulatory safeguards, especially regarding data privacy. Brazil’s Open Finance framework, for example, requires financial institutions to enable user-directed data sharing via secure APIs. While this opens new competitive opportunities for banks, lenders, and startups, it also raises serious privacy questions Who controls the data once shared? How is consent obtained and honored? And what safeguards exist against overcollection or repurposing? Emerging regulations in countries like Mexico and Brazil are beginning to address these gaps, demanding stronger disclosures, purpose limitations, and oversight of automated financial decisions like credit scoring. As more FinTech players integrate AI into behavioral analytics and personalization engines, regional regulators are pushing for privacy-by-design as the standard—not a luxury. In LATAM, financial innovation now comes with an expectation: protect user data, or risk losing trust and market access If GDPR gave us the right to be forgotten, Latin America may be pioneering the right to , at least not by a brain scanner. Neurodata, once a sci-fi concept, is now on the regulatory agenda across several LATAM countries. Both Chile and Peru legally define neurodata—data derived from brain activity or neural interfaces—as a category of , placing it under the highest level of protection. This classification isn’t just theoretical. It’s actively shaping case law, compliance expectations, and proposed legislation. Chile, the Supreme Court’s set a global precedent, becoming the first judicial decision to recognize “mental privacy” as a fundamental right. The case centered on using wearable neurotech devices capable of collecting brainwave data without sufficient transparency or consent. The court held that such technologies risk infringing on identity, free will, and the psychological integrity of individuals, which are rights now explicitly enshrined in Chile’s constitution. Peru, too, has taken steps to regulate neural data. Its data protection authority recognizes neuro data as part of the broader category of biometric and high-risk personal information. The country’s updated regulations require additional safeguards, including explicit consent, purpose limitation, and heightened breach notification for any unauthorized access or processing. Looking ahead, Colombia’s draft data protection bill proposes a sweeping framework that goes even further, introducing five new data subject rights specifically for neurotechnologies. These include the right to mental integrity, free development of personality automated profiling based on neural patterns . If passed, this would place Colombia at the legal forefront of neuro-rights globally alongside Chile’s constitutional amendments and Spain’s draft reforms. What makes LATAM’s neurodata movement especially noteworthy is its proactive posture. Unlike the EU or U.S., which are still grappling with how to classify and regulate brain-computer interface technologies, LATAM regulators are carving out legal space the technology hits mass adoption. For organizations working with wearables, brain-machine interfaces, neuromarketing tools, or biometric emotion recognition software, this means heightened risk and higher expectations. Transparency, informed consent, and aren’t optional. In these jurisdictions, they’re constitutional. Building a regionally tailored privacy compliance strategy So how do you prepare your privacy program for LATAM’s fast-shifting terrain? Here’s a practical roadmap. 1. Anchor your program in GDPR principles Most LATAM laws already align with or aspire to align with the GDPR. A principle-based foundation (legality, proportionality, accountability) can be your compass across jurisdictions. 2. Customize for country-level nuance Don’t copy-paste compliance. While many laws share ARCO rights, consent requirements, and transfer rules, enforcement varies wildly. Colombia holds processors to controller-level standards. Uruguay has specific rules for biometric notices. Brazil mandates that DPOs must speak Portuguese. Localization matters. 3. Monitor local developments relentlessly Whether it’s Mexico’s political shake-up or Brazil’s evolving criteria for “high-risk” processing, change in LATAM is constant and complex. You need a consistent way to track DPA guidance, enforcement trends, and draft legislation across jurisdictions. While hiring a dedicated LATAM compliance lead is one option, it’s not the only one. Tools like offer curated legal insights, operational templates, and daily alerts that make it easier for your team to stay informed and responsive without breaking the budget. 4. Use approved transfer mechanisms remain a complex puzzle. While Ibero-American model contractual clauses are gaining traction, organizations should also evaluate how SCCs and Binding Corporate Rules (BCRs) function across LATAM. SCCs are generally accepted in countries with GDPR-inspired laws like Brazil, Argentina, and Uruguay, and are useful for enabling international transfers, particularly when adequacy status isn’t yet in place. Brazil has even introduced model clauses similar to the EU’s SCCs. However, not all LATAM jurisdictions explicitly recognize SCCs, and organizations may be required to conduct Transfer Impact Assessments (TIAs) to confirm equivalent protection in the receiving country. Meanwhile, BCRs offer a strong alternative for intra-group transfers, especially in Colombia, which mandates BCRs for group-wide transfers under Decree 255 of 2022. Just note: BCRs require regulatory approval and can be more resource-intensive to implement. In short, SCCs and BCRs are powerful tools in the LATAM compliance toolkit, but their effectiveness depends heavily on local law maturity and enforcement posture. Tailor your approach accordingly. 5. Apply risk-based compliance for high-sensitivity use cases Processing children’s data? Training even when not strictly required . It’s a regulator’s love language. LATAM compliance can’t wait, but you don’t have to do it alone Too often, LATAM privacy has been treated like a side quest in the global compliance game; easy to delay, easy to deprioritize. But in 2025, that mindset is both outdated and expensive. Regulatory agencies across the region aren’t just legislating; they’re investigating, enforcing, and shaping the global narrative on everything from neuro data to To navigate this moment, think like a strategist, not a survivor. Invest in localization, monitor like a hawk, and lead with accountability. LATAM compliance isn’t a future-proofing exercise; it’s now a measurable business risk and a clear opportunity for competitive advantage. To stay ahead without burning out your privacy team or legal budget, you need more than spreadsheets and guesswork. That’s where TrustArc can help. Data Mapping & Risk Manager equips your team with expert-curated regulatory guidance and enforcement intelligence, tailored for operational use. Track over 1,000 global privacy laws, including AI regulations, with access to 244+ jurisdictions and legal summaries built for privacy teams (not just lawyers). With daily alerts and advanced search filters, it’s your legal desk without the legal overhead. Data Mapping & Risk Manager helps you move from reactive to ready. Automatically generate GDPR-compliant ROPAs, map data flows across systems, detect high-risk transfers, and initiate DPIAs or vendor assessments with just a few clicks. You’ll simplify third-party risk management while producing audit-ready documentation on demand. If LATAM is on your privacy roadmap (and it should be), don’t wait to get compliant. Let these tools help you scale smart, move faster, and stay ready for what’s next. Smarter Research. Faster Compliance. Stay ahead of LATAM’s shifting privacy landscape with expert-curated legal insights and daily enforcement updates. Intelligent Mapping. Proactive Risk Management. Map your data flows, automate ROPAs, and pinpoint cross-border transfer risks before regulators do. ==================================================================================================== URL: https://trustarc.com/resource/compare-privacy-laws-nymity-research/ TITLE: Compare Privacy Laws Across Jurisdictions Without a Legal Degree | TrustArc TYPE: resource --- Complexity is the enemy of privacy law compliance In today’s privacy-first world, staying compliant with global data protection laws feels like being strapped into a compliance rollercoaster that twists, turns, and legal loop-de-loops, with no brake lever in sight. For privacy professionals, the stakes are high: , different jurisdictional requirements, and regulatory updates that drop faster than Taylor Swift albums. What once took days (comparing laws, extracting compliance insights, and verifying legal citations) can now take minutes. A research co-pilot that turns complexity into clarity: The research pain points privacy pros know all too well Let’s be honest: not all privacy professionals are trained lawyers. Their job isn’t to parse statutes; it’s to build the policies, controls, and governance structures that keep their organizations compliant. But that doesn’t stop the legal questions from piling up. Suddenly, they’re expected to interpret legislation, track amendments, and compare regulations, often across jurisdictions, without a JD in sight. Legal research that can stretch from weeks to months, with no guarantee of a clear answer at the end. Global law comparisons in static, outdated spreadsheets with no automation or context. Ambiguity in localized legal advice , leaving your team second-guessing decisions. Inconsistent or unclear legal guidance across regions , forcing your team to interpret gray areas and make high-stakes decisions without confidence. It’s inefficient, risky, and expensive. With noncompliance costing organizations millions in fines and reputational damage, “getting it wrong” isn’t an option. Just ask Uber, which was fined €10 million in 2024 by the Dutch Data Protection Authority after its privacy materials failed to meet key transparency requirements under the GDPR. And unfortunately, the research tools of the past were never built to handle the speed, scope, or specificity that modern privacy teams need. Ready to see how it works? Start your free trial of Nymity Research and experience faster, smarter privacy research firsthand. NymityAI: Simplifying privacy compliance complexity with AI-powered guidance Enter NymityAI, your AI-enhanced research co-pilot built exclusively for privacy professionals and powered by over 25 years of in-house privacy expertise. Instead of wading through hundred-page documents, you can now ask plain-language questions and get plain-language answers with citations. “Does Brazil’s LGPD require a DPO?” NymityAI instantly delivers the answer, backed by a precise legal citation, contextual explanation, and links to the full-text law if you want to dive deeper. AI for privacy compliance , NymityAI helps teams navigate legal nuances with confidence, speed, and accuracy. With 50,000+ curated references and 1,000+ full-text privacy laws across 244+ jurisdictions, continuously updated by in-house legal experts, NymityAI doesn’t just give you answers. It gives you you’re not alone in needing faster, more reliable answers 2025 Global Privacy Benchmarks Report , 46% of organizations say they are “very likely” to invest in legal research, summaries, and templates tools—a category Nymity Research dominates. With Nymity Research, you can compare privacy laws in seconds—no legalese or 40-page memos required. It’s not a nice-to-have. It’s a must-have. Cross-border compliance made simple: Jurisdictional comparison without the legalese NymityAI is just one part of the broader Nymity Research platform, which brings powerful automation, structured guidance, and timely insights to every corner of your privacy program. Comparing data protection laws across jurisdictions used to feel like comparing apples to octopuses, especially when teams are pressed for time, and not everyone speaks fluent . Cross-border compliance is one of the most complex areas of data privacy, and Nymity Research helps you simplify it with customizable, jurisdiction-specific insights. side-by-side comparisons of privacy laws with 650+ summaries Morrison Foerster’s (MoFo) executive notes and TrustArc’s in-house privacy experts team. And because the comparisons are customizable, you can focus on what matters most, whether that’s data retention, DPO requirements, cross-border transfer rules, or breach notification timelines. The struggle is widespread: 42% of organizations ranked top five privacy challenges , according to the Global Privacy Benchmarks Report. Combined with growing concerns over regulatory oversight and penalties, it confirms what every privacy leader already suspects: navigating international laws isn’t just time-consuming; it’s a mission-critical bottleneck. Whether you’re presenting to your board or evaluating risk before expanding to a new market, this tool helps you pull up jurisdictional insights faster than you can say Regional insights, not just global privacy law overviews While many platforms give you a “global view,” drills down into regional risk clarity. Whether you’re operating in APAC, Latin America, or the EU, you can: Configure alerts based on region, enforcement severity, or regulatory topic. Filter for recent enforcement actions or pending legislation. Get customized summaries tailored to your company’s compliance priorities. Ask NymityAI questions to clarify any immediate doubts about definitions or legalese. You don’t just get headlines. You get context. Practical Nymity Research use cases for privacy pros Let’s make it tangible. Nymity Research is more than a shiny object; it’s a power tool. Here’s how teams are using it today: Launching into a new market? Run a quick comparison of local laws and get deployment-ready without hiring regional counsel. Rolling out global policies? Ensure your template meets minimum viable compliance in 10+ jurisdictions. Pull visual law comparisons to show risks by geography or business line. Supporting internal teams? Answer ad hoc questions from marketing, HR, or product in seconds using As one senior compliance manager put it: “We are able to quickly provide the business specific advice even when the processing went across multiple jurisdictions”. Why simplicity drives adoption Privacy law isn’t just for lawyers anymore. It’s for product leads, data scientists, HR managers, and marketing teams, all needing fast answers without the fluff. But many organizations are stuck in the slow lane: 45% still use spreadsheets or homegrown tools to manage their privacy programs. That’s outdated, and it’s costing them. Companies that use dedicated privacy platforms score 19 points higher on the Privacy Index than those using static tools. Nymity helps teams break free from inefficient methods. It enables team-wide adoption, not just legal team lock-in. You don’t need a JD to get the job done. You just need a good question and NymityAI. NymityAI was built with this in mind: , integrated across the TrustArc platform. , built for action, not abstraction. Backed by decades of expertise from TrustArc’s in-house privacy team. The result? Broader adoption across teams and fewer “let me get back to you” moments from the privacy office. The competitive advantage of Nymity Research NymityAI isn’t a chatbot. It culminates over 25 years of privacy research, enhanced by modern AI and backed by real human expertise. What does that give you? with citations to source documents, and based on our research methodology developed over 25 years. , trained exclusively on in-house, expert-written legal summaries and commentary—minimizing noise, reducing risk, and avoiding hallucinations. supported by 800+ expert-built templates from breach response plans to infosec checklists. , with alerts that flag regulatory changes and enforcement actions in the past 24 hours. “The templates and depth of legal analysis just can’t be found at competitors (and I’ve tried them)… They want you to succeed.” And in the age of AI regulation, that edge is measurable. Organizations that are “very prepared” for regulations like the EU and Colorado AI Acts score 16 points above the Privacy Index average. What’s their secret? The use of legal research co-pilots, pre-built templates, and structured privacy tools—the very strengths that define Nymity’s offering. readiness is a competitive weapon. The end of guesswork in global privacy law research Let’s face it, compliance is hard. But confusion doesn’t have to be your default setting. From the GDPR to Brazil’s LGPD and Colorado’s AI Act, Nymity Research helps you make sense of evolving global privacy laws in one intuitive platform. With Nymity Research and NymityAI, what used to take days now takes minutes. What used to require a law degree now takes a good question and a few keystrokes. And what used to be guesswork is now grounded in legal clarity. Ready to replace your research dread with real results? Try Nymity Research for your next jurisdictional analysis . You’ll never go back to static spreadsheets and 40-page memos again. Cross-Border Clarity. Zero Guesswork. Cut research time from days to minutes. Instantly compare laws, surface legal citations, and stay ahead of global changes, all without legalese. Smarter Research. Stronger Decisions. See how Nymity Research helps your team navigate global privacy law with ease, AI-powered answers, expert-backed insights, and regional risk clarity. The information provided herein and by NymityAI does not constitute legal advice from TrustArc. All information, content, and materials presented are for general informational purposes only. ==================================================================================================== URL: https://trustarc.com/resource/webinar-click-consent-trust-winning-the-privacy-game/ TITLE: Click, Consent, Trust: Winning the Privacy Game TYPE: resource --- Click, Consent, Trust: Winning the Privacy Game In today’s hyperconnected world, privacy is more than a compliance checkbox—it’s a cornerstone of consumer trust. Customers expect transparency, control, and respect when it comes to their personal data. Brands that deliver on these expectations don’t just stay compliant—they stand out. Join privacy experts from TrustArc and Greenberg Traurig for a deep dive into the evolving landscape of data privacy and discover how to turn regulatory complexity into a strategic advantage. Learn how to design consent experiences that are seamless, global compliance strategies that scale, and data practices that foster long-term trust. In this webinar, you’ll learn: How to deliver consistent privacy choices across devices, channels, and geographies How to design frictionless, user-centric consent flows that enhance the customer experience Strategies to stay ahead of ever-changing cookie laws and privacy regulations worldwide What “Trustworthy AI” means and how it plays a pivotal role in ethical data use This webinar is eligible for 1 CPE credit. Global Privacy Manager, TrustArc Shareholder, Greenberg Traurig ==================================================================================================== URL: https://trustarc.com/resource/privacy-and-data-security-in-mergers-acquisitions/ TITLE: Privacy and Data Security in Mergers & Acquisitions | TrustArc TYPE: resource --- Privacy and Data Security in Mergers & Acquisitions Data can be a valuable asset or an incredible liability to your business. Proactive data privacy practices are strategically critical in this data economy because of the extreme cost of mistakes today. Whether you’re considering a business acquisition, merger, or selling your business, a combination of the right people, processes, and technology must be deployed in advance to evaluate the “true” value and usability of the potentially acquired data. As you prepare for a fundamental business change, Privacy and Data Security in Mergers and Acquisitions explains key privacy and data security concerns you should consider with counsel. Develop a pre-M&A strategy and internal review complete with considerations and questions that need to be answered How to conduct thorough due diligence of privacy and data security practices, including privacy notices and terms of use The high risk, vendor management, and geographic considerations that must be included in the due diligence process Companies that invest throughout the economic cycle have far superior returns than those that participate sporadically. Recession winners average 14% in compounded annual EBIT growth in the 13 years following a downturn compared with zero for recession losers, according to a of nearly 3,900 companies. After years of pandemic and supply chain woes, the economic outlook remains uncertain. Determining the accurate data value when engaging in a merger, acquisition, or joint venture can be the difference between success and failure for the resulting firm. To understand the value of data, you must know the privacy and security practices that govern that data. ==================================================================================================== URL: https://trustarc.com/resource/save-legal-costs-nymityai-privacy-research/ TITLE: The Smartest Way to Save on Legal Costs: Let NymityAI Handle Privacy Research | TrustArc TYPE: resource --- Privacy research burnout is real You know the feeling. The one you get when someone from marketing pings you (for the third time this week) asking if they can legally track employee location data “just for this campaign.” Or when HR wants a two-minute turnaround on whether employment records fall under the For privacy and legal professionals, this isn’t just frustrating, it’s exhausting. Internal teams are expected to deliver expert answers at warp speed, even when many organizations lack deep in-house legal expertise. As the privacy landscape shifts like sand in a storm, teams are left deciphering dense legal language without enough support. And when every repeatable question gets routed to outside counsel, the result isn’t just slower—it’s expensive and unsustainable. Cue the burnout. Privacy research fatigue is real, and it’s draining your budget, bandwidth, and brainpower. When you’re the only privacy hire in a growing org, every hour you spend researching is an hour you’re not reviewing contracts, , or advising Product. That tradeoff adds up fast, and so does the stress. Meet NymityAI: Your 24/7 privacy co-pilot Enter NymityAI, your always-on privacy legal research sidekick. As part of , it blends 25+ years of expert-vetted regulatory intelligence with cutting-edge AI to create a tool that’s brainy, fast, and actually trustworthy. Think ChatGPT meets your privacy counsel, minus the billable hours and hallucinations. Unlike generic AI models trained on open web data, is grounded in raw legal text and commentary curated by TrustArc’s in-house privacy experts. That means it’s less prone to noise, more accurate by design, and purpose-built for privacy professionals who can’t afford guesswork. Its intuitive chat interface gives you real-time access to a vast repository of privacy laws, enforcement actions, and jurisdictional comparisons. But it’s more than just a chatbot with citations—it’s an AI-powered legal co-pilot that delivers clear answers when you need them most. Ready to stop spinning your wheels on repeatable legal questions? Start your free trial of Nymity Research and see how fast clarity can be. Ask a question, get a cited answer in seconds Remember that ping from Marketing asking if they can track employee location data “just for this campaign”? Or the urgent HR message about whether employment records fall under the CCPA—again? Now imagine handling those questions without the scramble. With NymityAI, you get expert-reviewed, citation-supported answers in seconds. Whether you’re clarifying if HR data is covered under the CCPA, identifying lawful bases for processing under South Africa’s POPIA, or checking if includes biometric data as sensitive, NymityAI has your back. Every response is backed by a vast regulatory knowledge base, including over 50,000 legal references, 1,000+ laws, and hundreds of expertly curated resources written by TrustArc’s own in-house privacy and legal research team. For deeper insights, the Nymity Research suite also includes more than 650 executive summaries from the leading law firm . And if you need even more context, you can click the citations to explore the original source material confidently. No fluff. No ambiguity. Just fast, reliable, and legally grounded answers. Exactly what business stakeholders expect when they drop that urgent Slack. And while NymityAI is built on expert-vetted content, it’s still designed to support—not replace—your legal judgment. The cost case for Nymity Research Outside counsel is skyrocketing. According to Brightflag’s 2024 Law Firm Rates Report , the average blended hourly rate for Am Law 100 firms has surged to $1,057, with partner rates climbing as high as $1,680 per hour in high-demand areas like M&A and That means every time your in-house team outsources a repeatable privacy question, such as whether employee data falls under a specific regulation or what counts as valid consent under POPIA, you’re potentially spending over $1000 per hour. With NymityAI, you skip the hourly drain. Instead of routing these questions to external counsel, you get accurate, expert-reviewed, and citation-supported answers instantly, freeing up your privacy and legal teams to focus on strategic decisions, high-risk assessments, and cross-functional privacy ops. “This tool paid for itself in the first month.” – Privacy Manager, Public Agency Powerful Search. Flexible Access. What sets NymityAI apart from generic search engines and basic AI tools is the depth of its expert-vetted database and the precision of its answers. You don’t get vague summaries. You get accurate, regulation-specific guidance with direct citations vetted and written by an internal team of privacy experts with decades of experience. Whether you’re researching CCPA requirements or comparing cross-border data transfer laws, NymityAI helps you drill into details quickly—no hunting, no second-guessing. And because it’s embedded within the but can also function independently, it’s always available when and where you need it most. Nymity Research is your flexible, go-anywhere legal research companion. The confidence to say “I’ve got this” In the boardroom, in your inbox, or in a panicked 4 p.m. meeting with procurement, you need to bring clarity and confidence. NymityAI helps you do just that. “I’ll have to get back to you,” By eliminating lag time and uncertainty, NymityAI helps privacy professionals strengthen their credibility across the business. You’ll answer faster, explain better, and feel more confident in decisions that carry regulatory weight. Who benefits most from Nymity Research? While any organization navigating can benefit from Nymity Research, it’s a game-changer for: Mid-sized privacy or legal teams who wear multiple hats and can’t afford research limbo or expensive external counseling. who inherited a patchwork and need fast, clear answers to rebuild trust. Enterprises operating across jurisdictions , where the ability to compare laws and track updates is vital. fielding privacy questions as data initiatives scale across departments. Real NymityAI user reactions Don’t just take our word for it. Privacy professionals across industries see the difference NymityAI makes in their day-to-day work. One Privacy Manager at a public agency described NymityAI as their “go-to for fast, reliable privacy research.” Whether answering internal stakeholder questions, validating regulatory interpretations, or checking best practices, they said the tool “saves hours and boosts confidence in fast-paced decisions.” That’s more than convenience, it’s credibility delivered at speed. Meanwhile, a user from a $1.9 billion financial services company shared how NymityAI has become an indispensable part of their workflow. “I am in love with the NymityAI functionality,” “It’s such an easy way to get an answer to a research question. Today I asked which privacy laws include employment data in scope, and it came back with the response I expected.” AI delivered exactly what was needed; no noise, no delay. These are just two examples of how NymityAI empowers lean privacy teams to operate with more speed, confidence, and control. Outsmart privacy compliance complexity without outsourcing it Staying compliant in a world of ever-changing privacy regulations doesn’t have to mean sacrificing your sanity or your budget. With NymityAI, you gain an expert co-pilot that helps you work smarter, respond faster, and stay compliant without over-relying on external counsel. So the next time someone drops a high-stakes privacy question in your inbox, don’t panic. Open Nymity Research. . Your legal budget and your team’s brain cells will thank you. Instant Answers. Trusted Expertise. Cut hours of legal research down to seconds. Get expert-reviewed, citation-backed insights across global privacy laws without digging or second-guessing. Spend less time searching and more time leading. Research Reinvented for Privacy Teams. Are you tired of chasing regulatory updates and decoding dense legal texts? Nymity Research delivers real-time, AI-powered answers so your team can move faster and respond smarter. NymityAI is a research tool. All information provided is for informational purposes only and does not constitute legal advice. ==================================================================================================== URL: https://trustarc.com/resource/privacy-enforcement-nymity-research-keeps-ahead/ TITLE: Stay Ahead of Privacy Enforcement With Nymity Research | TrustArc TYPE: resource --- The next big fine could be on you: Are you watching the right signals? On July 1, 2025, the California Attorney General dropped a bombshell: a $1.55 million fine against Healthline Media by continuing to share sensitive health data for targeted advertising after users opted out. The headline is terrifying, yes. But what’s more terrifying is how predictable it was. The violations weren’t exotic or obscure. They were Global Privacy Control signals , don’t mislead users with a cookie banner, and don’t share medical article titles like “Newly Diagnosed with HIV?” Italy’s privacy regulator fined OpenAI a staggering €15 million (USD $15.6M) for violations related to ChatGPT in December 2024. The charges? Processing user data without a lawful basis, failing to notify about a breach, a lack of age verification, and poor transparency measures. These aren’t edge cases. They’re flashing red lights—evidence of regulators enforcing rules that privacy teams already know… but may not be actively monitoring. This is the fear privacy professionals face daily: getting blindsided by obvious risks they didn’t spot in time, not obscure laws. The problem: Regulatory whiplash Regulations are evolving faster than the definition of personal data in a new AI bill. But enforcement? Even faster. From slip-ups to AI overreach, the tempo of regulatory action is breakneck, and privacy teams struggle to keep up. This is exacerbated by the fact that of privacy teams lack sufficient training, which includes legal training. TrustArc’s 2025 Global Privacy Benchmarks Report , 46% of organizations report that AI-related privacy implications are “extremely challenging,” while 43% fear reputational risks, and 41% cite regulatory penalties as top challenges . And these fears aren’t abstract. They’re rooted in real-world consequences, like Healthline’s missteps. The truth is, enforcement actions are increasingly driven by patterns. Patterns you can see coming if you know where to look. Don’t just brace for impact—anticipate it. free trial of Nymity Research to monitor regulatory enforcement trends, spot patterns early, and keep your team one step ahead of the next headline. Nymity Research’s enforcement tracker: Your first line of defense includes a powerful enforcement tracker that provides information on enforcement actions taken by government agencies, organized by jurisdiction, penalty, issue type, and regulation. It taps into 50,000+ references, updated daily by our in-house privacy knowledge team. That means you don’t just see what happened, you understand why, where, Whether you’re monitoring cross-border data transfers or AI enforcement, you’ll see actions trending in your sector before they hit the mainstream news. And with integrated, you can ask questions anytime and get real-time, AI-enhanced insights into these risks in simple language directly in your workflow. Spot patterns, not just headlines Let’s be honest: anyone can skim headlines. But privacy leadership starts with spotting enforcement patterns that show regulators’ next moves before they’re announced. Nymity Research gives you that foresight by highlighting those patterns. With access to more than 50,000 expert-curated references, including enforcement actions, legal decisions, and regulatory guidance, you get more than a stream of regulatory alerts; you get a panoramic view of how privacy laws are being applied across the globe. Whether you’re monitoring: , like escalating scrutiny over consent banner misrepresentation , such as targeted advertising and sensitive data disclosures , like the Italian Garante’s aggressive stance on AI transparency Nymity Research lets you zoom out, connect the dots across jurisdictions, technologies, and timing, and take corrective action. Even better? NymityAI adds an intelligence layer, surfacing enforcement signals and risks from your research queries in seconds. Whether you’re asking about AI training obligations or breach notification thresholds, NymityAI doesn’t just search; it synthesizes. And if you need to understand different regions interpret the same rule? Nymity’s comparative jurisdictional analysis spans 244+ global regions, helping you plan confidently whether you operate in California, Canada, or Qatar. It’s the privacy equivalent of watching the forecast instead of waiting for the thunder. Building a proactive culture with Nymity Research Want to move privacy from the basement to the boardroom? Start by giving your team the visibility they need to act early and act often. Nymity Research transforms global privacy developments into team-ready intelligence: Set up custom email alerts based on jurisdiction or issue type to keep your team informed of relevant shifts in enforcement and regulation. Use real enforcement case studies (like Healthline’s $1.55M CCPA fine or OpenAI’s €15M GDPR sanction) as “what-not-to-do” material in internal training. Leverage over 800 operational templates to translate insights into concrete updates to policies, breach response protocols, vendor contracts, and internal procedures. to clearly explain complicated legal jargon to non-legal privacy teams, speeding up time to compliance. Need breach planning support? Nymity includes a global Data Breach Index with regulatory requirements and sample reports. ? Tap into ready-to-use DPIA guidance and cross-border compliance mapping tools built by legal and privacy experts. As one large enterprise CPO customer put it: “The ability to know what has changed in the last 24 hours is extremely helpful for our privacy program.” That kind of real-time relevance drives more than policy change. It builds awareness, triggers dialogue across departments, and helps privacy become part of procurement conversations, product roadmaps, and executive risk planning. Because a proactive culture is about vigilance and visibility. And visibility is what Nymity Research delivers at scale. “Fantastic depth, diversity of content, detail, and organization. For data-related compliance knowledge, I haven’t seen anything that even comes close.” — Mark Sward, Vice President and Global Head of Privacy, Sterling Elevating privacy from reactive to strategic The most successful privacy leaders aren’t the ones playing regulatory whack-a-mole. They’re the ones predicting what’s next. Nymity enables compliance forecasting, equipping leaders with data-backed insights to guide decision-making. Think of it as privacy radar for the C-suite. With executive summaries from and comprehensive jurisdictional comparisons, you can walk into any board meeting armed with foresight. Organizations using commercial privacy tools like Nymity consistently outperform their peers, with up to a 20-point higher Privacy Index score , according to the 2025 Global Privacy Benchmarks Report. Why? Because they treat privacy as strategic infrastructure, not situational cleanup. Closing the gap before regulators do In the showdown between regulators and organizations, the fastest wins. And “fast” doesn’t mean reckless; it means Here’s what proactive privacy looks like: about regulatory changes and enforcement activity. to pressing legal questions in seconds. of how enforcement patterns shift across sectors. to close compliance gaps quickly. It’s not about dodging the next fine. It’s about building a privacy program that makes regulators nod, not knock. Make every enforcement case someone else’s problem Don’t let your brand be the next cautionary tale. Be the case study in how to get it right. Using Nymity Research, you can: Track regulatory trends before they impact your operations. Arm your team with the tools to adapt fast. Show leadership that privacy is about more than laws; it’s about trust, readiness, and resilience. Don’t wait for a headline to name your company. of Nymity Research today and get the expert-curated insights, enforcement tracking, and operational tools you need to predict risk, prepare your team, and prove you’re in control. Because the best way to survive enforcement… is to stay ahead of it. Enforcement Intel, On Demand. Track global privacy enforcement, surface emerging risks, and act on expert-curated insights before regulators make the first move. Know the Rules. Predict the Moves. See Nymity Research in action. From AI fines to cross-border trends, discover how to spot patterns, reduce risk, and lead with confidence. Nymity Research provides expert-curated resources and tools to support compliance efforts, but does not constitute legal advice or guarantee regulatory outcomes. ==================================================================================================== URL: https://trustarc.com/resource/manage-trackers-accountabililty-automation/ TITLE: Tracker & Tag Management for Privacy Compliance | TrustArc TYPE: resource --- Manage Trackers with Confidence: Cross-Team Accountability and Automation Tracking technologies are everywhere, and so are the compliance risks. This eBook reveals how privacy, compliance, marketing, IT, and InfoSec teams can work together to manage trackers and tags efficiently and ethically. You’ll learn how to take a proactive, collaborative, and automated approach to mitigate risk, reduce manual effort, and stay aligned with global privacy laws. From hardcoded tag hazards to RACI matrices and automation strategies, this resource helps you turn cookie chaos into compliance confidence. Whether you’re leading a privacy program or ensuring technical execution, this guide gives you the clarity and tools you need to take control. Download it to discover the privacy-first path to streamlined tracker governance. Build a cross-functional foundation. Align Marketing, IT, Privacy, and Legal teams with a RACI matrix to eliminate accountability gaps. Reduce risk with automation. Use intelligent scanning, categorization, and consent-based tag firing to minimize manual burden and human error. Tame the tracker lifecycle. Learn how to detect piggybacking tags, eliminate hardcoded risks, and maintain ongoing compliance through proactive governance. “Hardcoded tags can introduce hidden piggybacking trackers—making comprehensive control and compliance extremely difficult.” ==================================================================================================== URL: https://trustarc.com/resource/ai-compliance-texas-responsible-ai-governance-act-traiga/ TITLE: Texas AI Governance Act: Scope, Impact, and Compliance | TrustArc TYPE: resource --- Everything’s bigger in Texas, including AI regulation. With the passage of the Texas Responsible AI Governance Act (TRAIGA) , the Lone Star State has taken a giant step toward balancing innovation with accountability, ethics with efficiency, and transparency with technological ambition. Set to take effect on January 1, 2026, TRAIGA is a comprehensive framework that could influence national policy, corporate strategy, and cross-functional risk assessments alike. If you’re a privacy pro, compliance lead, or tech security strategist, buckle up: this law is a wake-up call, not a warning shot. Why TRAIGA was needed: Transparency, risk prevention, and ethical AI use The world isn’t sitting around waiting for AI to get safer; it’s barrelling forward. And Texas wasn’t content to stay on the sidelines with its booming tech economy and deep investment in AI across sectors. , inspired in part by laws in , centers on three critical goals: for developers and deployers. against harm, including discrimination, manipulation, and privacy violations. But the Texas twist? This law goes beyond AI regulation; unlike Colorado, which aims to govern high-risk AI use, Texas strives to prevent and respond to harms caused by the misuse of AI. TRAIGA compliance scope: Who must follow the Texas AI law in 2026 If you build, use, sell, or even offer AI tools in Texas, you’re in the frame. TRAIGA applies to any entity or individual who: Conducts business in Texas. Offers products or services to Texas residents. Develops or deploys AI within the state. Government entities are also responsible, hospital districts and higher education institutions. State agencies face some of the most detailed disclosure mandates, especially when using AI for eligibility decisions, public services, or medical diagnostics. AI use rules, disclosure obligations, and prohibited practices under Texas law TRAIGA outlines a clear set of responsibilities for AI developers and deployers across three core areas: accountability for intent, transparency in disclosure, and restrictions on harmful or manipulative uses. Move over, outcome-based enforcement. Texas requires AI developers and deployers to prove they intended to mitigate risk . It’s not enough to say “oops.” Avoid intentional discrimination Ensure they’re not infringing on constitutional rights Whether it’s an agency chatbot, AI-led medical triage, or a biometric check-in system, disclosures must be: that a system is AI-powered. Healthcare providers must disclose AI use before treatment begins or as soon as possible in emergencies. The law strictly bans AI that: Intentionally encourages self-harm or criminal behavior. Enables child exploitation or deepfake sexual content. Conducts social scoring that results in unjust discrimination. Uses biometric data to identify individuals without consent. Biometric data used solely for training purposes is from TRAIGA restrictions. However, if the data is later used for commercial identification, it must comply with strict possession, consent, destruction, and penalty provisions. As expected in Texas, the Responsible AI Governance Act is backed by steep fines (more on that shortly). Implications for Business: Get governance-ready or risk the fallout This isn’t a “compliance lite” regulation. Businesses must treat TRAIGA like a , not a side hustle. Here’s what it demands: Cross-functional coordination: Legal, privacy, AI/ML, and ethics teams must align. Documentation requirements: Record intent, known system limitations, and post-deployment monitoring efforts in case of suspected noncompliance. Product lifecycle accountability: AI risk requires a continuous audit, not a one-time check. For privacy professionals, this feels like a GDPR déjà vu moment, but with an AI twist. Companies will need robust internal review processes, such as those recommended by the NIST AI Risk Management Framework Public and private sector AI compliance requirements in Texas Government agencies face elevated transparency duties: Must notify citizens when AI is used in interactions. Cannot use AI for biometric ID without consent. Are barred from deploying AI that scores people based on behavior, beliefs, or social traits. The AG will also launch a , giving citizens direct access to raise AI concerns. Disclose high-risk AI usage in health, hiring, education, housing, credit, and more. Proactively document system intent and safety measures. Respond to AG investigations with detailed records on system inputs, outputs, and safeguards. In short? If your AI touches a person’s rights or access to opportunity, you need to disclose, safeguard, and document. AI compliance enforcement and civil penalties under TRAIGA No private lawsuits here, but don’t relax just yet. TRAIGA gives exclusive enforcement authority to the Texas Attorney General. The AG can investigate violations, issue civil demands for records and risk assessments, manage complaints, and impose penalties. : Texas is already known for aggressive privacy law enforcement . For example, the Texas AG has pursued landmark actions under the Texas Data Privacy and Security Act , including major settlements and investigations into sensitive data misuse. Curable (e.g., fixable with notice) , and the organization provides the AG with a written statement that it has: Provided supporting documentation of how it cured the violation Made necessary changes to internal policies to prevent further violations Texas AI Regulatory Sandbox: Safe experimentation with compliance oversight The Texas Department of Information Resources will develop a regulatory sandbox program, enabling businesses to test high-risk systems in a regulatory sandbox , but only with the approval from the Department. The sandbox: Allows up to 36 months of controlled system testing Temporary waivers from certain rules (except public safety provisions) Requires quarterly reporting on system performance and risk mitigation To participate in the program, Participants must: Submit detailed descriptions of the AI system that is proposed to be tested in the program, including its intended use. Submit a benefit assessment of the system that addresses potential impacts on consumers, privacy, and public safety. Detail measures to mitigate adverse consequences that may occur during testing. Demonstrate compliance with federal AI law. Texas Department of Information Resources (DIR) website for updates and guidance on the application process. What TRAIGA means for AI governance in Texas TRAIGA establishes a clear, enforceable framework for responsible AI use in Texas. The law sets requirements for transparency, intent-based liability, and disclosure—especially in high-risk sectors such as healthcare, housing, education, and employment. Both public and private entities that develop or deploy AI systems in the state must take steps to: Document system intent and risk mitigation strategies. Notify individuals when AI is used in services or decision-making. Avoid prohibited practices such as biometric identification without consent or manipulative social scoring. Align with recognized governance frameworks like NIST AI RMF to support defensible compliance. With enforcement authority resting solely with the Texas Attorney General, and penalties ranging from curable notices to substantial fines, businesses must begin preparing now. The law also introduces a regulatory sandbox for safe experimentation and includes specific provisions around biometric data and dark pattern disclosures. Certified for Confidence. Built for Trust. Show the world your AI is built on accountability. Prove your alignment with global standards like NIST and OECD while meeting the rising tide of AI regulations. Map Risk. Master Compliance. Automate ROPA creation, visualize data movement across systems and vendors, and get real-time risk scoring that aligns with over 130 global laws and frameworks. Frequently Asked Questions About the Texas Responsible AI Governance Act (TRAIGA) What is the Texas Responsible AI Governance Act (TRAIGA)? TRAIGA is a comprehensive AI regulation passed in Texas to ensure the ethical, transparent, and responsible use of artificial intelligence. It mandates disclosure, restricts harmful practices, and enforces accountability across both public and private sectors. The law goes into effect on Who must comply with TRAIGA? Any individual or organization that conducts business in Texas, offers products or services to Texas residents, or develops or deploys AI systems within the state must comply. This includes Texas-based companies, public agencies, and out-of-state businesses targeting Texas consumers. What AI systems are considered high-risk under TRAIGA? High-risk use cases include AI systems involved in decisions affecting health care, employment, housing, education, lending, and other critical sectors that influence individual rights or access to services. What are the core obligations under TRAIGA? Clearly disclose AI use in plain language Avoid deceptive practices and dark patterns Document intent and risk mitigation strategies Prevent harm, discrimination, or constitutional violations by design What penalties exist for non-compliance with TRAIGA? Violations may result in: $10,000–$12,000 for curable offenses $80,000–$200,000 for incurable violations $2,000–$40,000 per day for ongoing infractions A 60-day cure period is provided. Defenses include demonstrating reasonable care, third-party fault, or adherence to the NIST AI Risk Management Framework. Is biometric data covered under TRAIGA? Yes. If biometric data is used for training purposes, it may be exempt. However, if used for commercial identification, it must follow consent, destruction, and penalty provisions. Can consumers sue under TRAIGA? No. TRAIGA does not grant a private right of action. Only the Texas Attorney General has the authority to investigate violations and impose penalties. ==================================================================================================== URL: https://trustarc.com/resource/nevadas-privacy-law-sb-220/ TITLE: Nevada’s Privacy Law: Step-by-Step Suggestions to Support Compliance with SB 220 | TrustArc TYPE: resource --- While all eyes have been on complying with the California Consumer Privacy Act (CCPA) , the new Nevada privacy law, (SB 220) will actually take effect three months earlier on Oct. 1, 2019. SB 220 was signed into law by the governor of Nevada on May 29, 2019 and amends the state’s existing privacy law, Nevada Revised State 603A (enacted in 2017), for owners and operators of websites or online commercial providers. The law grants consumers who live in Nevada the right to opt-out of the sale of their personal information and to direct website operators not to sell their information. SB 220 goes into effect Oct. 1, 2019 (3 months before CCPA) so it will be the first law in the U.S. to grant these rights. About Nevada’s privacy law SB 220 applies to operators “of an Internet website or online service which collects certain items of personally identifiable information about consumers” in Nevada. Health care and financial institutions subject to GLBA and HIPAA are exempted from the scope of this law. SB 220 requires that businesses have a “designated request address”—email address, telephone number, website—for individuals to submit requests; there is no requirement for the request address to be on a business’s internet homepage. SB 220 also requires that businesses respond to verifiable requests within a defined time. Nevada’s privacy law requires that businesses respond within 60 days upon receiving a request; with a 30 day extension permissible if necessary. It does not specify how an operator should verify the authenticity of a consumer request. It stipulates that an operator must “reasonably verify the authenticity of the request and the identity of the consumer using commercially reasonable means.” The Nevada Attorney General has enforcement power over SB 220 provisions – if an operator directly or indirectly violated these provisions, the AG may seek a temporary or permanent injunction or impose a civil penalty of up to $5,000 for each violation. SB 220 doesn’t establish a private right of action against an operator. You may be thinking to yourself at this point – if I am compliant with CCPA do I need to do anything to comply with Nevada? Owners/operators subject to SB 220 should first analyze the extent to which they are selling in scope “covered information.” From there they should review their online privacy policy and ensure the required disclosures in place, and lastly, create a process by which consumers may opt-out from the sale of their information. How can companies comply with SB 220? The privacy experts at TrustArc recommend that companies follow the below steps in their efforts to comply with SB 220. If a company determines that they are an “operator” in scope, first step is to determine where their Nevada resident data is located. This would be accomplished via a data inventory and mapping exercise. The following types of covered information should be focused on as part of that review: Home or other physical address Any identifier that allows a person to be contacted either physically or online. Any other information collected about a person that, in combination with any of the above, can be used to identify a natural person. Review and update their posted privacy policy to ensure it is current with both Nevada’s original privacy law (defined in NRS 603A.320) and with SB220. The privacy policy needs to contain all of the following disclosures: The categories of personal information collected. The categories of third parties with whom that information is shared; if tracking technologies are utilized (e.g., cookies). A description of the process for the user to review and request updates to his or her personal information. A description of the process by which users are notified of any changes to the privacy policy. The effective date of the privacy policy. Whether or not Personal Information in scope is sold. The address in which a Nevada consumer can submit a request asking the Operator to not sell their information if the Operator does engage in selling information. The address can be an email address, website form location or a toll-free phone number could be utilized. Review Individual Rights (DSAR) processes in place currently and update to ensure they are compliant: Review the current DSAR workflow to ensure that when a request is received from a Nevada consumer it is responded to within 60 of receipt of the request. Set up a process of standard operating procedures by which the request triggers that the consumer’s information is opted-out from sale. Get detailed insights, tools, and templates to help you manage SB 220 and other privacy regulations. Easily orchestrate consents, preferences, opt-ins/outs, and empower your customers. ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-minimization-in-practice-reducing-risk-enhancing-compliance/ TITLE: Data Minimization in Practice: Reducing Risk, Enhancing Compliance TYPE: resource --- Data Minimization in Practice: Reducing Risk, Enhancing Compliance As global data protection regulations continue to evolve, data minimization has emerged as a cornerstone principle in ensuring privacy compliance and reducing organizational risk. Therefore, privacy professionals must learn how to assess data necessity, engage stakeholders in minimizing data exposure, and maintain compliance with data privacy laws and emerging global standards. Join us for an insightful webinar designed to equip privacy, IT, security, and compliance professionals with practical strategies for implementing Privacy by Design and effective data minimization principles. This session will explore how to embed privacy proactively into systems and processes, reduce unnecessary data collection, and align data practices with regulatory expectations. We’re excited to feature ManpowerGroup who will share their organization’s real-world journey toward implementing effective data minimization strategies, highlighting key lessons learned and measurable impacts. This webinar will review: Clear definitions and legal foundations of data minimization under GDPR, CPRA, and other key regulations Practical techniques for identifying and reducing unnecessary data collection and storage Tools and frameworks for integrating data minimization into privacy impact assessments (PIAs) and data inventories Guidance on setting retention limits and automating data disposal processes Data storage practices you need to know about This webinar is eligible for 1 CPE credit. Senior Privacy Consultant, TrustArc Global Privacy Director, ManpowerGroup ==================================================================================================== URL: https://trustarc.com/resource/data-localization-global-privacy-laws/ TITLE: Managing Data Localization Across Global Privacy Laws | TrustArc TYPE: resource --- Why data localization deserves your attention Multinational organizations can no longer treat data localization like a footnote. It sits at the nexus of national sovereignty, cybersecurity, and digital privacy, and it’s reshaping compliance playbooks. When countries insist that data about their residents stay within borders, global data flows become strategic tightropes. is not merely about storage; it’s a compliance necessity. For companies that get this right, regulatory friction becomes less a burden and more a source of long-term strategic value. Defining data localization: beyond buzzwords What is data localization? mandates that data be collected, processed, and stored entirely within national borders. allows transfer but requires local storage as well. demands a copy remain in‑country, even if the primary repository is abroad. Localization supports data sovereignty, grants law enforcement easier access, and serves national security agendas. It’s not about paranoia; it’s about policy, protectionism, and perceived control. Residency vs. sovereignty vs. localization: concerns the physical location where data is stored, often for business or performance reasons, not necessarily legal ones. For example, a U.S. company may choose to store customer data in Germany to reduce latency for European users without being legally required to do so. refers to the jurisdictional control over data based on where it’s processed, regardless of physical location. For example, if data is processed on a server in France, it falls under French (and EU) data protection laws, even if the company handling it is based in the U.S. enforces legal requirements to store or process data within a country’s borders and may prohibit transfer entirely. For example, under China’s Personal Information Protection Law (PIPL) , certain categories of personal or “important” data must remain in-country and undergo a security assessment before being transferred abroad. : The practical application of these concepts varies significantly by jurisdiction. Understanding these distinctions is critical for building a scalable, compliant data strategy. Global regulatory landscape: a patchwork of localization mandates require security assessments before transferring “important data” or large-scale personal data abroad. is broadly defined and includes data related to national security, critical infrastructure, and public interest, though specific criteria are still evolving under draft regulations. Digital Personal Data Protection Act (DPDPA) permits cross-border transfers to jurisdictions approved by the Indian government and does not mandate strict localization for all sensitive personal data. However, sector-specific laws (e.g., in telecom or finance) may impose stricter localization rules. Data center requirements are evolving quickly, with and Indonesia’s GR 71 reinforcing data localization in certain sectors, often framed as national security or sovereignty imperatives. These moves reflect how digital sovereignty is becoming a core tenet of regional tech policy. does not mandate localization but imposes strict conditions for cross-border transfers. Mechanisms like adequacy decisions, , and BCRs play central roles. Sectoral enforcement bodies such as France’s CNIL and Germany’s BaFin may impose industry-specific localization-like expectations in finance or healthcare, but these are not EU-wide mandates. lacks a federal data localization law, but sector-specific frameworks like the Gramm-Leach-Bliley Act (GLBA) for financial institutions and for healthcare encourage regionalized data storage through their stringent data security provisions. introduces stronger data protection and breach notification rules. While not explicitly a localization law, it emphasizes increased transparency and control over cross-border transfers, which can sometimes be interpreted as having localization-adjacent effects. Middle East, Africa, Latin America enforce robust data sovereignty regimes. For example, Saudi Arabia’s Cloud Computing Regulatory Framework mandates local data storage for government and sensitive data categories. largely mirrors GDPR principles and does not require data localization, but sector-specific requirements may necessitate in-country processing. , localization provisions are often embedded in broader digital strategies as tools for economic development, job creation, and local tech sector stimulation. Nigeria’s Cloud Computing Polic y promotes local cloud service providers to strengthen domestic capacity, while Kenya’s Data Protection Act requires data controllers to ensure appropriate safeguards for outbound data transfers. Need help aligning your localization strategy with evolving global laws? Compliance challenges for global organizations distributed storage, multi‑cloud vs. hybrid models, and constantly shifting jurisdictional semantics. conflicting law, for example, GDPR’s adequacy-based transfer mechanisms versus countries that ban outbound transfers entirely. Lack of regulatory interoperability increases uncertainty. localized data centers raise CAPEX, invite vendor lock‑in, and complicate global SaaS deployments. These challenges are especially acute for small and medium-sized enterprises, which often lack the legal, technical, and financial resources to build localized infrastructure or maintain jurisdiction-specific compliance programs. For many, localization can be the difference between market entry and market exclusion. Industry-specific impacts of data localization: One mandate, many ripple effects Data localization laws may wear a single regulatory label, but their impact is anything but uniform. Each industry experiences localization differently based on its risk profile, regulatory exposure, and operational model. From financial systems to health diagnostics to global cloud architecture, the costs and constraints vary widely. Increased infrastructure costs : Banks and insurers must build or rent localized data centers in every jurisdiction they serve. Anti-Money Laundering (AML) and fraud risk : Localization hampers cross-border threat intelligence sharing, undermining efforts to combat fraud and cybercrime. Regulatory contradictions : Conflicting local laws can block data sharing with foreign affiliates, complicating compliance with AML and Counter-Terrorism Financing frameworks. : A global bank may detect suspicious activity but cannot report it holistically due to restrictions on data flow across regulatory borders. 2. Healthcare and life sciences : Clinical trials and diagnostics rely on large, diverse datasets often collected globally, and localization fragments this landscape. : Maintaining jurisdiction-specific secure storage raises overhead for healthcare providers and pharmaceutical companies. : Tools for early disease detection, predictive modeling, or personalized medicine depend on cross-border data aggregation. : In China, strict health data localization laws complicate international clinical trial collaboration. 3. Technology and cloud computing Infrastructure duplication : Tech companies must stand up or rent data centers in every market they serve, eroding economies of scale and complicating service delivery. : Global SaaS providers and cloud-first businesses are especially affected, as they struggle to maintain a uniform architecture across fractured environments, often rebuilding the same stack in multiple regions. : Offshoring backups for resilience may be prohibited under localization mandates, undermining business continuity planning. : Microsoft and Apple have restructured operations in China to comply with local storage mandates. Data localization for call and location records : Telecoms face high compliance costs to store sensitive personal data in-country. : International roaming and cross-border service delivery become harder to execute. : India’s telecom laws require localization for call metadata, complicating intercarrier data sharing. National security vs. cyber risk : While localization of grid and water system data improves domestic control, it also concentrates sensitive data, creating localized cyberattack targets. International collaboration barriers : Joint energy projects and global monitoring efforts are harder to coordinate. : China mandates local storage for critical infrastructure data, restricting international research and operations. Jurisdictional complexity : Global retailers must navigate country-by-country rules for customer data management. : Smaller e-commerce businesses are priced out by the need to maintain separate compliance stacks across markets. : GCC countries’ localization laws have raised the cost of market entry for international e-commerce startups. 7. Public services and government : While localization improves law enforcement access, it can also raise surveillance and civil liberty concerns, especially in jurisdictions with limited safeguards. : Governments may be barred from using international cloud platforms for public records, increasing costs. : Public sector agencies in countries with strict localization mandates often must build on-prem systems, limiting digital agility. Strategic approaches to managing data localization requirements Build a global data mapping and classification program Automate data mapping, tag data types that trigger localization, and know where personal data flows and resides globally. TrustArc’s data‑mapping tools integrate regulatory intelligence for precisely this use case. Integrate localization into enterprise risk management Treat localization mandates as privacy and business continuity risks. Incorporate localization into DPIAs, TIAs, vendor assessments, and internal audit frameworks. Evaluate cloud and vendor architectures Consider sovereign‑cloud providers and region‑specific deployments. Implement data mirroring strategies. Vet third‑party processors for localization compliance. Leverage PrivacyOps and automation Adopt systems that enforce geo‑based policies in real time. Automate enforcement of local consent mechanisms and data handling rules. Localization vs. cross‑border data transfers: Managing the tension Interplay with transfer mechanisms Common mechanisms like SCCs and BCRs can help, but their utility breaks down where outbound transfers are banned. When localization laws ban transfers entirely Countries like China and Russia prohibit transfers of localized data, breaking the back of conventional global transfer models. Worldwide, companies are rethinking strategies: shifting to localized infrastructure or implementing controlled local staging before global data consolidation. Making localization work for compliance and innovation Localization isn’t just a compliance hurdle; when managed thoughtfully, it’s a strategic differentiator. Aligning localization with broader privacy and governance goals helps organizations reduce risk and accelerate cross-border trust. When privacy leaders move beyond geographic control and focus on outcome-based compliance grounded in accountability, not isolation, localization becomes a driver of resilience and responsible innovation. Want to understand the long-term risks and geopolitical implications of localization? The Global Rise of Data Localization: Risks, Tradeoffs, and What Comes Next Compliance Chaos, Meet Control Why waste time chasing regional mandates? PrivacyCentral maps 20,000+ controls to 125+ laws and frameworks so you can streamline localization, reduce risk, and skip the regulatory guesswork. Know Where Your Data Lives and Why It Matters Track personal data across systems, pinpoint transfer vulnerabilities, and instantly generate ROPAs and vendor risk reports. When localization laws change, your maps won’t need a makeover—they’ll already be up to date. ==================================================================================================== URL: https://trustarc.com/resource/webinar-executive-perspectives-on-data-privacy-why-it-matters-now-more-than-ever/ TITLE: Executive Perspectives on Data Privacy — Why It Matters Now More Than Ever TYPE: resource --- Executive Perspectives on Data Privacy — Why It Matters Now More Than Ever In today’s data-driven economy, privacy is no longer just a legal or IT concern—it’s a boardroom issue. Join us for a strategic conversation with leading Chief Financial Officer (CFO) and Chief Privacy Officer (CPO) to explore how executive leaders are reshaping their understanding of privacy as a critical driver of enterprise value, risk management, and long-term growth. This exclusive webinar will provide unique insights into how C-suite executives view privacy not just as a compliance requirement, but as a business imperative. You’ll hear directly from a CFO and General Counsel about why privacy belongs on the C-suite executives’ agenda as well as the financial risks and opportunities linked to data protection. But that’s not all. Privacy professionals will also gain actionable strategies for communicating the value of privacy in financial terms, helping secure executive buy-in and a dedicated budget. This webinar will review: Executive’s perspective on privacy and data governance How to align privacy with financial strategy, risk, and ROI How to build a business case for privacy investments Real-world stories from executives bridging the gap between finance and privacy Whether you are a CFO, Finance leader, CIO, CTO, Privacy professional, CPO, Compliance officer, or anyone involved in privacy strategy or budgeting, don’t miss this opportunity to bridge the gap between privacy and finance—and make privacy a top-line priority. This webinar is eligible for 1 CPE credit. General Counsel & Chief Privacy Officer, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/sensitive-information-guide-privacy-teams/ TITLE: Navigating the Nuances of Sensitive Information: A Guide for Privacy Teams | TrustArc TYPE: resource --- In the complex landscape of data privacy, stands out as a category of personal information demanding extra vigilance. While all warrants careful handling, sensitive data, by its very nature, carries a heightened risk of harm, discrimination, or significant privacy breaches if mishandled. Understanding its characteristics and the legal frameworks surrounding it is paramount for Decoding Sensitive Information: Key Traits Sensitive information isn’t always black and white. It often encompasses specific data types, gains sensitivity through context, and is explicitly defined in Many jurisdictions identify particular categories of data as inherently sensitive. These frequently include: Details about medical conditions, treatments, and genetic makeup. Unique identifiers like facial recognition templates and fingerprints. Data impacting an individual’s economic standing and creditworthiness. Precise geolocation data: Data about the location of an individual or a device with a high degree of accuracy. Information revealing racial or ethnic origin, political views, religious or philosophical beliefs, sexual orientation, or criminal history. Even seemingly innocuous information can become sensitive depending on the circumstances. For instance, an email address might reveal social affiliations or personal preferences, elevating its sensitivity. Furthermore, combining various data points to create detailed profiles can lead to increased levels of sensitivity and risks like identity theft. Privacy regulations often provide explicit definitions of sensitive information as illustrated by these two examples. California’s Privacy Protection Act defines sensitive personal information as including: Social Security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number with required security or access credentials; precise geolocation; racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, or union membership; the contents of a consumer’s mail, email, and text messages; genetic data; neural data; biometric information for unique identification; health information; or sex life or sexual orientation. Vietnam’s personal data protection decree defines “sensitive personal data” as information tied to an individual’s privacy. A violation of this data can directly impact their lawful rights and interests. Examples include political and religious views, health details, racial or ethnic origin, genetic and biological traits, sex life, criminal record, financial details, and location data. Sensitive personal information is fundamentally data that, if improperly accessed, used, or disclosed, could reasonably be expected to cause financial, physical, discriminatory, or reputational harm to an individual. Implications for Privacy Teams Handling sensitive information requires a robust and cautious approach. Organizations must: Implement robust security measures, including encryption (at rest and in transit) and /deidentification techniques, to safeguard sensitive personal information from unauthorized access and breaches. data protection or privacy impact assessment before implementing new processing activities involving sensitive personal information to ensure appropriate data protection safeguards are in place. Obtain explicit consent before collecting, using, or disclosing sensitive information. Adhere to the principle of , limiting collection and disclosure to only what is strictly necessary for specific purposes. Stay informed about the evolving legal landscape, as the definition and treatment of sensitive information can vary significantly between jurisdictions and under different privacy statutes. Navigating the intricacies of sensitive information is a critical responsibility for privacy teams. Ensuring compliance with applicable laws and adopting a proactive approach to data protection is essential to safeguarding individuals’ privacy and maintaining trust. When in doubt, seeking legal counsel can provide valuable guidance tailored to your specific circumstances. Assessments, Streamlined and Scaled. Cut through complexity with automated, configurable privacy and vendor assessments tailored to your workflows. Meet obligations faster. Map Smarter. Manage Risk Better. Automate data mapping and surface risk insights in real time. Generate audit-ready reports and stay compliant without burning hours on manual work. ==================================================================================================== URL: https://trustarc.com/resource/global-rise-data-localization-risks/ TITLE: The Global Impact of Data Localization Laws | TrustArc TYPE: resource --- The policy trend reshaping global data strategy Data localization is having a moment—albeit one few businesses are cheering for. Once a niche regulatory concern, it has quickly become a central pillar of data governance frameworks worldwide. Governments cite national security, digital sovereignty, and citizen privacy as reasons for requiring that data remain within their borders. But scratch the surface, and a more complex picture emerges. Localization laws are no longer rare exceptions. They’re rewriting the rules of engagement for multinational businesses, cloud-first platforms, and even domestic startups that aspire to scale globally. The promises of stronger security and greater accountability are often undercut by operational strain, legal contradiction, and unintended privacy risks. This article cuts through the rhetoric to unpack the myths, implications, and global trajectory of data localization. Whether you’re a privacy leader navigating regulatory headwinds or a technologist architecting for compliance, understanding what’s really at stake is critical to getting ahead. Common misconceptions about data localization: separating myth from mandate is often implemented for privacy, security, and digital control. But as with any sweeping policy, there’s a gap between intention and impact, and that gap is filled with misconceptions. These myths can distort policy debates, misguide compliance strategies, and create operational drag for businesses caught in the regulatory crossfire. Data localization improves security Location ≠ protection. Storing data locally doesn’t inherently improve security. It can expand the number of vulnerable endpoints and limit access to global threat intelligence. While local storage may offer benefits like compliance with domestic cybersecurity laws or faster response to local incidents, these are context-dependent. Robust security still hinges on encryption, access controls, and segmentation—not geography. Data localization protects privacy Proximity does not equal privacy. While some governments use localization to limit foreign surveillance, such as in Russia and Vietnam, this often comes at the cost of increased domestic surveillance, especially in jurisdictions lacking legal safeguards. Proper privacy protection comes from strong, rights-based governance frameworks, not just controlling where data sits. Localization simplifies technology management It complicates everything. Localization forces IT teams to duplicate systems across jurisdictions, fragmenting infrastructure and slowing innovation through complex version control and patch management challenges. It also requires redundant infrastructure investments, increasing operational complexity and costs, particularly for startups and smaller firms with limited resources. Localization ensures faster access to data Not necessarily, and often the opposite. Cross-border restrictions can delay emergency access to critical data. Well-structured contracts and SLAs often provide faster and more reliable access than local storage mandates. While local storage may reduce latency for users within the same jurisdiction, this benefit is narrow in scope and doesn’t outweigh the broader technical and compliance challenges. Localization enhances efficiency Duplication ≠ efficiency. Maintaining local data centers and region-specific infrastructure adds cost and reduces scalability, especially for cloud-first businesses. Especially burdensome for smaller firms that can’t afford to stand up jurisdiction-specific stacks. In practice, localization tends to entrench incumbents and dampen market competition. Localization prevents foreign surveillance Surveillance is about access, not geography. Governments can intercept data in transit or access cloud systems remotely if vulnerabilities exist. While localization may limit foreign surveillance in some cases, it often increases exposure to domestic surveillance. Strong encryption, clear governance, and international cooperation remain the most effective defenses. Economic and societal harms of data localization: when good intentions go global While data localization laws are often framed as pro‑privacy and pro‑sovereignty, their unintended consequences tell a more complicated story. For many businesses, individuals, and even national economies, the localization mandate can be a double-edged regulation—protecting one interest while slashing another. Economic and operational burdens Building local data centers, hiring in-region staff, and duplicating infrastructure is resource-intensive and often prohibitive for startups and growth-stage companies, especially in jurisdictions with strict mandates like China, Russia, or Vietnam. Localization raises capital and compliance barriers to entry, particularly in sectors like fintech, where anti-money laundering (AML) systems depend on real-time cross-border intelligence, or healthtech, where patient data laws demand highly localized storage. Smaller firms get locked out of global markets, leaving the field to large incumbents with the legal teams and infrastructure budgets to navigate the patchwork. Redundant data storage and administrative overhead not only raise costs but also slow innovation and entrench market concentration. Localization can be a problem for emerging technologies. AI, blockchain, machine learning, and global SaaS platforms thrive on high-volume, cross-border datasets. Restricting these flows throttles innovation and stalls digital transformation. China’s localization rules, for instance, have forced global AI and cloud providers to build separate data environments, limiting access to global training sets and analytics models. The result? Countries risk falling behind in global tech races not because they lack talent or ambition but because their data can’t move fast enough. Fragmentation and friction Data localization increases regulatory fragmentation. As laws diverge, complying with one regime may mean violating another, an increasingly common dilemma that sits at the heart of today’s cross-border legal tensions. The tension between the U.S. Stored Communications Act illustrates the dilemma: a U.S.-based provider may be legally required to withhold data from foreign authorities while simultaneously being compelled by another government to disclose it. Burdens on economies and access Localization can choke off access to critical services like fraud detection, AML programs, and international research initiatives that rely on seamless data flows. For example, AML systems depend on real-time data exchange across jurisdictions, and delays caused by localization can create security blind spots. On a broader scale, these laws can deter foreign investment, reduce market competitiveness, and stall infrastructure growth. In smaller economies like those in the Gulf Cooperation Council (GCC) , high compliance costs can isolate local markets from the global digital economy, disincentivizing multinational firms from entering altogether. Legal tensions and international cooperation: caught between jurisdictions As the number of data localization laws increase, they often collide head-on with existing international legal obligations. The result? a growing tangle of regulatory contradictions, trade frictions, and cross-border compliance dilemmas Multinational organizations are increasingly stuck in the middle, expected to follow two conflicting laws simultaneously in two different jurisdictions, with no clear path forward. And while many localization laws are designed to enhance privacy and sovereignty, they rarely prevent surveillance; rather, they often increase access for domestic law enforcement, especially in jurisdictions with limited checks and balances. Conflicts between domestic and foreign laws Localization laws commonly create , where compliance with one law may mean violating another. For example: U.S. Stored Communications Act (SCA) restricts the production of certain data stored in the U.S., even when requested by foreign authorities. UK’s Data Retention and Investigatory Powers Act (DRIPA) may compel access to data stored outside the UK, creating a direct clash with U.S. data protection law. When the U.S. government attempted to compel Microsoft to hand over emails stored in Ireland, , citing Irish sovereignty. The Irish government backed Microsoft, turning the case into a legal standoff between allied nations. The case ultimately prompted the introduction of the in the U.S., which allows authorities to compel data from U.S.-based companies regardless of where the data is stored while also offering mechanisms to contest requests that conflict with foreign law. These types of conflicts are becoming more common and more complex as localization laws expand. Barriers to cross-border data transfers Localization contributes to the balkanization of the internet, where national firewalls restrict data movement. This fragmentation is especially problematic for law enforcement and regulatory cooperation: Mutual Legal Assistance Treaties (MLATs) , the standard tools for cross-border data access, are outdated and painfully slow. Localization laws further restrict access, creating a catch-22: authorities need faster data sharing, but the laws in place delay or block it entirely. Multinationals trying to support investigations or comply with lawful requests may find themselves legally hamstrung, forced to choose between cooperation and compliance. These constraints can also slow cybersecurity incident response and limit threat-sharing with partners—undermining both national security and enterprise resilience. Increased surveillance and privacy disputes While many localization laws are passed under the banner of “protecting privacy,” the irony is that they often make data more accessible to domestic law enforcement: requires ISPs to keep local copies of user data specifically for government inspection. mandates that data about its citizens be stored on servers within the country and handed over to authorities on demand. This creates tension with countries like those in the EU, where data privacy and human rights frameworks strictly limit surveillance. These ideological and legal differences further complicate any effort at interoperability. Trade and economic implications Data localization strains legal frameworks and also functions as a digital trade barrier: World Trade Organization (WTO) does not explicitly prohibit localization, but many argue that it violates the spirit of free trade by forcing businesses to invest in costly local infrastructure. Redundant data centers, region-specific cloud deployments, and fragmented processing environments all increase overhead and reduce efficiency. According to an ECIPE economic modeling study , forced data localization in China could depress GDP by around 1.1%. Lack of harmonized global standards Perhaps the most persistent challenge is the absence of a harmonized international data protection and transfer framework. Every region and, increasingly, every country takes its own approach. This leads to: , even between major trading partners. , especially problematic for organizations operating in multiple jurisdictions. between national laws and supranational regimes like the GDPR. Without convergence or mutual recognition of data protection adequacy, localization laws will continue to drive fragmentation, increase risk, and delay innovation. Future outlook: Toward a fragmented internet? Will data localization usher in a “splinternet”? All signs point to yes unless governments, regulators, and the private sector can course-correct. As localization laws proliferate across jurisdictions, the global internet is morphing into a patchwork of regional data enclaves. Countries like China, Russia, India, and Vietnam have already implemented strict localization mandates, often under the banners of national security, privacy, and economic sovereignty. But beneath those banners lies a more complicated truth: the expanding divide between digital globalization and regulatory nationalism. The proliferation of data localization laws Governments around the world continue to introduce localization mandates with increasing specificity. Notably: China’s Personal Information Protection Law ) imposes strict restrictions on “important data” transfers. India’s Digital Personal Data Protection Act ) and its telecom and financial regulators have layered on sector-specific requirements. Russia’s Federal Law No. 242-FZ mandates domestic data storage and grants authorities expansive access powers. These laws are rapidly moving from general obligations to sector-specific mandates in industries like , telecommunications, and critical infrastructure, creating a compliance minefield for multinationals and cloud-first organizations. Economic and competitive consequences Data localization mandates create serious economic friction. Redundant infrastructure requirements depress GDP growth and lock out small players (a dynamic already explored in earlier sections). For startups and small businesses, these requirements frequently disadvantage newer entrants, limiting competition and entrenching incumbent players. Meanwhile, countries risk long-term economic harm: localization could depress GDP by over 1% due to lower investment and reduced export competitiveness. Pushback and counterforces Not everyone is on board with the trend. Organizations like the advocate for interoperable frameworks, arguing that: Localization doesn’t inherently improve security and may increase vulnerabilities by fragmenting systems and complicating risk management. True security depends on technical, administrative, and physical safeguards, not on the physical location of the data. This movement is gaining traction, especially among policymakers and companies concerned that digital protectionism , slows growth, and threatens global cooperation. Toward harmonization and interoperability Despite current fragmentation, future alignment is still possible. Global efforts are underway to: Expand the use of adequacy decisions (e.g., under GDPR) to recognize equivalent privacy regimes. Modernize MLATs and build faster, rights-respecting cross-border data access models. for privacy, data ethics, and digital trust. If successful, these efforts could reduce compliance friction, boost global trade, and restore confidence in lawful international data transfers. Rise of alternative governance models Forward-thinking technologists and policymakers are exploring privacy-preserving architectures that reduce the need for rigid localization by focusing on data is handled rather than Data trusts and federated learning allow for decentralized control without requiring physical data silos. Blockchain-based identity systems and confidential computing offer transparency and security by design. These models support sovereignty, reduce compliance risk, and enable innovation without reinforcing digital silos. Localization and geopolitics: a long game As geopolitical tensions escalate, particularly around surveillance, economic espionage, and national infrastructure, localization is poised to become a standard clause in trade agreements. Countries will increasingly leverage data laws as bargaining chips, forcing businesses to choose between market access and compliance complexity. The economic implications of localization are prompting reevaluation in policy circles, especially as its long-term costs to competitiveness and innovation become more apparent. The road ahead: Balancing sovereignty and scale In the years ahead, localization mandates are likely to evolve in tandem with: Stricter cybersecurity requirements embedded into national laws. regional certification schemes , such as trusted cloud labels and AI assurance frameworks, that impose regional compliance baselines. Growing pressure on multinational companies to align their privacy, security, and AI programs with national sovereignty goals and evolving digital norms. Recommendations for privacy leaders: Turning complexity into strategy Data localization is a moving target shaped by geopolitics, technology, and regulatory momentum. Privacy leaders must not only respond to today’s patchwork but also build flexible frameworks that scale across jurisdictions and sectors. To do that, organizations should take a strategic, proactive approach that integrates compliance, innovation, and global alignment. 1. Build a foundation of operational visibility and risk intelligence Conduct localization readiness assessments to identify current gaps and exposure. Map and classify data globally , flagging high-risk data categories (e.g., health, financial, critical infrastructure). Integrate localization into DPIAs and TIAs , aligning with broader enterprise risk management and AI governance strategies. by leveraging regulatory intelligence tools like to track changes across 244+ jurisdictions. 2. Focus on protection, not just location Invest in strong technical safeguards such as encryption, access controls, and segmentation that protect data regardless of geography. Modernize disaster recovery and data retention plans with localized and hybrid strategies that maintain resilience. Adopt PrivacyOps automation to enforce geo-based handling, , and policy application in real time. 3. Promote interoperability and cross-border cooperation Advocate for international frameworks and adequacy-based models that recognize trusted jurisdictions and reduce fragmentation. Support updates to MLATs and legal cooperation mechanisms to facilitate faster, privacy-respecting cross-border data sharing. Push for global standards that balance digital sovereignty with economic participation and 4. Leverage privacy-preserving technologies Explore alternative governance models such as data trusts and federated learning that support data sovereignty without siloing. like synthetic data, confidential computing, and zero-knowledge proofs to enable cross-border analytics without compromising compliance. 5. Educate and influence from within Align privacy with business strategy , educating internal stakeholders, especially engineering, IT, and leadership, on the risks and realities of localization. by reframing the localization conversation around outcomes: security, trust, accountability, not just control. Collaborate with policymakers to shape smarter, more harmonized regulations serving citizens and commerce. Strategic clarity in an era of regulatory fragmentation Data localization isn’t going away. If anything, it’s accelerating—fueled by rising geopolitical tension, digital nationalism, and reactive policy cycles. But clarity is possible, even in complexity. For privacy leaders and global businesses, the goal isn’t to resist localization outright; it’s to manage it intelligently. That means debunking common myths, aligning with global interoperability efforts, and investing in future-ready frameworks that emphasize how data is protected over where it resides. It means building resilience across compliance, infrastructure, and governance. And most of all, it means shaping the conversation so that privacy, security, and innovation aren’t viewed as tradeoffs but as outcomes of a smart, scalable strategy. Because in a world of growing data borders, those who adapt fastest will be best positioned to lead. Know the Law, Stay Ahead of It. Nymity Research helps you navigate data localization mandates with expert-curated insights, daily enforcement alerts, and side-by-side law comparisons so you can adapt fast and comply smarter. Compliant Cookies, Global Clicks. ==================================================================================================== URL: https://trustarc.com/resource/california-ai-transparency-laws-sb942-ab2013/ TITLE: California SB 942 & AB 2013: AI transparency compliance guide | TrustArc TYPE: resource --- Setting the stage for AI transparency If 2023 and 2024 were the teaser trailers for U.S. AI regulation, 2025 is the blockbuster release. And California (never shy about a starring role in tech policy) has premiered two headline acts: the California AI Transparency Act (SB 942) Assembly Bill 2013 on Generative AI Training Data Transparency Both laws take effect January 1, 2026, and together they create a one-two punch of accountability. SB 942 focuses on outputs: how AI-generated content is labeled, detected, and disclosed. AB 2013 focuses on inputs: how the data used to train is documented and made public. For privacy and compliance professionals, these laws are more than legislative updates. They are operational mandates with real penalties for noncompliance. And they’re arriving at a moment when public trust in AI is fragile, regulators are sharpening their teeth, and stakeholders are asking, “How do we Understanding California’s AI Transparency Act (SB 942) The California AI Transparency Act is a consumer protection law with a simple premise: if you make AI that generates or alters content, you must tell people clearly, consistently, and in a way that can’t be easily stripped out. the law’s scope is narrower than “all AI”. (developers of a GenAI system with over 1,000,000 monthly visitors or users that are publicly accessible within California). It does not apply to certain exclusively non-user-generated experiences, such as video games, television, streaming, movies, or interactive content that is not created or modified by users. These exemptions mean some large AI content producers are outside the Act’s reach. Core requirements include: AI detection tools, free to the public Covered providers must offer a publicly accessible detection tool to identify whether their generative AI system created or altered an image, video, or audio file. The tool must work via a web interface and an API, support content uploads or URLs, and output (such as the system version and creation date) without exposing . The detection tool must be free to use, though providers may impose reasonable limitations to address security or integrity risks to their GenAI system. Manifest disclosures (visible labels) Users must be able to add a visible label: “manifest disclosure,” that identifies content as AI-generated. Labels must be clear, conspicuous, permanent (or nearly so), and appropriate for the medium. Latent disclosures (embedded metadata) All AI-generated content must include embedded information: provider name, GenAI system name and version, creation timestamp, and a unique identifier. This must be detectable by the provider’s AI detection tool and aligned with industry standards. If a licensed third party disables disclosure capabilities, the provider must revoke their license within 96 hours. Licensees must cease using the system once a license is revoked. Civil penalties of $5,000 per violation, per day, plus possible injunctive relief, make this a law with real teeth. California’s AI Transparency Act moves labeling and provenance from a “nice to have” to a “non-negotiable” but only for covered providers and only for content within its defined scope. If your AI touches California consumers and isn’t in an exempt category, transparency must be woven into your design and delivery pipelines. How mature is your AI risk management? Breaking down California AB 2013 Generative AI Training Data Transparency If SB 942 answers “How do we show people what’s AI-made?”, AB 2013 asks “What’s in the AI’s brain?” By January 1, 2026, any developer releasing a new or substantially modified GenAI system (or a significant update) in California must publish training data documentation on their website High-level dataset summaries: sources or owners, purpose alignment, volume (ranges allowed), and types of data points. whether datasets contain copyrighted, trademarked, or patented material; whether they include personal or aggregate consumer information under California Consumer Privacy Act (CCPA) whether datasets were purchased or licensed. cleaning, modification, or enhancement steps, and their purpose. when data was collected (and whether collection is ongoing), and when it was first used in training. Synthetic data disclosure: if synthetic data generation was used, with an optional explanation of its functional purpose. Generative AI systems or services whose sole purpose is to ensure security and integrity. Systems used solely for the operation of aircraft in the national airspace. Systems developed for national security, military, or defense purposes that are made available exclusively to a federal entity. This is the first U.S. law to mandate public documentation of training data for commercial AI systems at this level of specificity. For compliance leaders, it means standing up as a core governance function. Unlock deeper compliance insights with a free trial of Get instant access to jurisdiction-by-jurisdiction analysis, legislative tracking, and practical compliance guidance—including ongoing updates to California’s AI laws. Start your free trial today. Practical implications for privacy and compliance teams Think of SB 942 and AB 2013 as California handing you a two-page “AI transparency checklist,” except it’s written in legal code and costs $5,000/day to ignore. New governance workflows to track data sources, IP rights, and privacy risk from dataset ingestion through model deployment. Cross-functional playbooks between engineering, legal, privacy, and communications to handle disclosure labeling, detection tool updates, and public documentation. Vendor and partner audits to ensure licensees and third parties keep required disclosure features intact. Risk factors and violation scenarios: Missing dataset documentation: A developer updates their GenAI model but fails to update the public training data summary as required under AB 2013. This could trigger enforcement if discovered during an investigation. A provider releases AI-generated marketing images without embedding the latent disclosures SB 942 requires. If these assets are publicly distributed, each piece of noncompliant content could count as a separate violation. License enforcement gaps: A licensee removes mandatory disclosure features from a licensed GenAI system. If the provider does not revoke the license within 96 hours of discovery, both the provider and the licensee could be exposed to penalties. Broader compliance considerations for multi-jurisdiction alignment: While not a requirement of SB 942 or AB 2013, California’s rules are among the most detailed in the U.S. Organizations operating across multiple regions should build processes that meet the most stringent overlapping requirements. This may include: Mapping disclosure obligations in each jurisdiction where your AI operates (e.g., SB 942 in California, Colorado AI Act transparency rules, EU AI Act content labeling). Designing universal disclosure templates that meet or exceed the strictest format, permanence, and metadata requirements you face globally. Coordinating dataset documentation standards so that your AB 2013-compliant training data summaries also satisfy disclosure or risk assessment obligations under other AI or privacy laws. Meeting these standards can help differentiate your organization as a trusted AI provider, especially in markets where public skepticism of AI remains high. It also reduces operational friction when scaling AI deployments across states and countries. Compliance roadmap for California’s AI transparency laws Step 1: Conduct a gap analysis Compare existing AI governance against both laws. Pay special attention to provenance tracking, dataset documentation, and labeling workflows. Step 2: Build a living training data inventory Document source, ownership, type, processing history, and legal status for every dataset. with each model update or retraining. Step 3: Implement disclosure templates Develop standardized manifest and latent disclosures that meet SB 942’s permanence and clarity requirements. Test for resilience against stripping or alteration. Step 4: Update vendor contracts Mandate disclosure compliance in all GenAI licensing agreements. Include revocation rights and enforcement timelines. Suggested practices and tools for achieving AI transparency From a privacy-by-design perspective, California’s laws effectively require: Integrated dataset documentation tools (e.g., metadata catalogs, lineage tracking platforms). Content authenticity solutions : watermarking, C2PA-compliant metadata embedding, and detection APIs. : add AI transparency checks to your data protection impact assessments and NIST AI Risk Management Framework processes. Sector-specific watchpoints: Healthcare: HIPAA considerations when disclosing dataset characteristics Under AB 2013, developers must disclose whether training datasets include personal information or aggregate consumer information as defined in the CCPA. For healthcare organizations subject to , this requirement demands extra caution. If training data includes protected health information (PHI), even in de-identified or aggregated form, disclosure summaries must avoid re-identification risks and maintain HIPAA-compliant safeguards. Moreover, if synthetic data generation was used to augment sensitive datasets, AB 2013 allows developers to note its purpose, which could be leveraged to demonstrate HIPAA-aligned privacy preservation. The key challenge for will be balancing AB 2013’s transparency mandates with HIPAA’s strict confidentiality requirements and ensuring that no publicly posted dataset summaries inadvertently reveal sensitive medical details. Finance: SEC and FINRA record retention rules for AI-generated disclosures SB 942’s manifest and latent disclosure requirements mean that any AI-generated financial communications, from investor presentations to client statements, must be labeled and embedded with provenance metadata. For financial institutions under SEC or FINRA oversight, this creates a dual compliance obligation: maintaining SB 942-compliant disclosures while ensuring that all labeled AI-generated materials are retained in accordance with recordkeeping rules. require preserving certain communications for specified periods. If AI tools are used to create client-facing reports or marketing materials, firms must not only apply SB 942’s disclosure protocols but also store the original AI-labeled versions and their metadata in case of regulatory audits or disputes. E-commerce: Brand protection when AI-generated marketing or product content is labeled In the e-commerce sector, SB 942’s visible and embedded labeling of AI-generated content has direct brand implications. Marketing images, product descriptions, and promotional videos created by generative AI must carry manifest disclosures that are clear, conspicuous, and appropriate for the medium. This means customers may see explicit indicators that a product image or ad was AI-generated—a potential trust-building measure for some brands, but a reputational risk if not managed carefully. The latent metadata requirements also mean that, even if visible labels are cropped or removed in unauthorized use, the embedded provenance can still identify the source. E-commerce companies will need to integrate these labeling practices into their creative workflows and brand guidelines, ensuring the disclosures are consistent, aesthetically aligned, and do not detract from customer engagement. How California’s AI laws compare to other jurisdictions California’s approach is more prescriptive than most U.S. states and aligns closely with the , which also requires training data and output transparency for specific systems. Applies tiered obligations based on risk category, with explicit transparency requirements for high-risk and foundation models. Canada’s AIDA: Establishes requirements for “high-impact systems,” including risk mitigation and recordkeeping, but provides less detail on training data disclosure formats. imposes obligations for developers and deployers of “high-risk AI systems,” including transparency measures, documented risk management programs, and consumer rights regarding AI-driven decisions. requires disclosure when AI is used in consumer interactions, including informing individuals when they engage with generative AI tools or chatbots. Preparing for California AI Transparency Act (SB 942) and AB 2013 compliance: Why early action builds trust and reduces risk Technical standards for provenance embedding, watermarking, and dataset documentation formats will continue to evolve—driven by both industry bodies and potential federal AI legislation. Privacy leaders should watch for updates from the NIST AI Risk Management Framework Coalition for Content Provenance and Authenticity (C2PA) , and guidance from organizations like IAPP to ensure their programs stay current. By acting early, organizations can do more than just meet California’s January 1, 2026 deadlines. They can shape industry norms, influence best practices, and position themselves as trusted leaders in the responsible use of AI. Opacity was a feature of AI in its early days. In California, it’s now becoming a liability. By operationalizing transparency in both outputs (SB 942) and inputs (AB 2013), privacy and compliance leaders can: Minimize fines, legal risk, and reputational damage Build lasting trust with customers, partners, and regulators Future-proof their AI governance frameworks against a fast-moving regulatory landscape. Compliance will no longer be the finish line; it will be the entry ticket to market credibility. The organizations that lead now won’t just meet California’s bar; they’ll set the benchmark for responsible AI worldwide. The question isn’t whether you’ll comply; it’s whether you’ll lead. AI Governance, Streamlined and Simplified. Identify applicable AI laws, automate risk scoring, and track compliance so you can prove responsible AI use without overloading your governance team. Smarter Mapping. Stronger Risk Management. Automate data flow mapping, risk analysis, and vendor assessments to reduce privacy risk and keep compliance on track in a fraction of the time. Frequently Asked Questions: California AI Transparency Act (SB 942) & AB 2013 Generative AI Training Data Transparency 1. What is the California AI Transparency Act (SB 942)? The California AI Transparency Act (SB 942) is a state law that takes effect on January 1, 2026, and requires large generative AI providers to make their AI-generated content identifiable through both (manifest disclosures) and (latent disclosures). It also mandates that these providers offer a free, publicly accessible AI detection tool to identify content created or altered by their systems. 2. Who is considered a “covered provider” under SB 942? A “covered provider” is defined in the bill as any entity that creates, codes, or otherwise produces a generative AI system with over 1 million monthly users in California and that is publicly accessible in the state. 3. Are there exemptions under SB 942? apply to products, services, websites, or applications that exclusively provide non-user-generated video games, television, streaming, movie, or interactive experiences. 4. What are “manifest” and “latent” disclosures in SB 942? are visible labels applied to AI-generated content, such as “This image was generated by AI.” They must be clear, conspicuous, permanent (or nearly so), and appropriate for the medium. are embedded metadata that include details such as the provider’s name, the AI system name and version, the date/time of creation, and a unique identifier. These must be detectable by the provider’s AI detection tool and meet industry standards. 5. What is AB 2013: Generative AI Training Data Transparency? AB 2013 is a California law effective January 1, 2026, that requires developers of generative AI systems to publish detailed documentation about the datasets used to train their systems. This includes information such as dataset sources, types of data points, intellectual property status, licensing details, data processing history, and whether synthetic data was used. 6. Who must comply with AB 2013? Any developer releasing a new or substantially modified generative AI system in California (including significant updates to existing systems) must comply with AB 2013’s public documentation requirements. 7. What are the exemptions under AB 2013? AB 2013 does not require documentation for: Generative AI systems whose sole purpose is to ensure security and integrity. Systems used solely for the operation of aircraft in the national airspace. Systems developed for national security, military, or defense purposes that are made available exclusively to a federal entity. 8. What specific information must be disclosed under AB 2013? The law requires documentation that includes: Dataset sources or owners. How datasets align with the system’s intended purpose. Data point types and estimated volumes. Intellectual property and privacy status (e.g., copyrighted, personal data). Whether datasets were purchased, licensed, or in the public domain. Processing or cleaning steps taken. Data collection timeframes and first-use dates. Whether synthetic data generation was used, with an optional explanation of why. 9. What are the penalties for violating SB 942 or AB 2013? Civil penalties of $5,000 per violation, per day, plus possible injunctive relief and legal costs. Each day a violation continues counts as a separate offense. The bill itself does not specify a monetary penalty in the retrieved text. However, it grants enforcement authority to the California Attorney General, meaning noncompliance could still result in enforcement actions, including investigations and other remedies allowed under California law. 10. How can privacy professionals prepare for compliance? workflows for labeling AI-generated content with both visible and embedded disclosures, ensure metadata persistence, and deploy a compliant detection tool. of training datasets with full source, licensing, processing, and IP details, and ensure this can be published in the required public format before release. In both cases: Integrate these obligations into vendor contracts, data governance frameworks, multi-jurisdiction compliance plans. ==================================================================================================== URL: https://trustarc.com/resource/privacy-impact-assessments/ TITLE: Privacy Impact Assessments Infographic | TrustArc TYPE: resource --- From Risk to Reason: Impact Assessments Explained Privacy missteps are costly financially and reputationally. But what if you could spot the red flags before they wave? This infographic breaks down the what, why, and when of privacy impact assessments in a way that’s clear, strategic, and, dare we say, empowering. Whether you’re launching a new system, adopting AI, or transferring data across borders, knowing which assessment to use (and when to use it) is your first line of defense. Understand the difference between PIAs, DPIAs, LIAs, and more Get practical tips to make your assessments count Learn how automation powers scalable, compliant risk management Built for privacy leaders and technologists alike, this one-page visual guide distills complex regulatory requirements into actionable insights. Download the infographic. ==================================================================================================== URL: https://trustarc.com/resource/decoding-data-processing-agreements-dpas/ TITLE: Top 10 DPA Provisions | TrustArc TYPE: resource --- Decoding Data Processing Agreements (DPAs) Think a Data Processing Agreement (DPA) is just a checkbox? Think again. Each clause in a DPA represents a critical negotiation on risk, accountability, and how privacy promises are enforced in practice. For privacy, legal, procurement, and InfoSec pros, understanding these terms isn’t optional—it’s table stakes. This infographic provides a sharp, visual breakdown of the 10 most debated provisions in any DPA negotiation and explains why they matter. Clarify scoping early to avoid downstream drama Balance innovation and compliance in use limitations Get tactical on subprocessors, breach response, audit rights, and TOMs Learn how global laws shape SCCs and DSAR responsibilities See where negotiations often stall and how to break through Whether you’re redlining contracts, leading procurement, or building scalable privacy workflows, this infographic helps you turn friction into alignment. and power up your contracting playbook. Because trust isn’t built with fine print. It’s built with clarity. ==================================================================================================== URL: https://trustarc.com/resource/privacy-selling-sharing-rules-explained/ TITLE: Selling and Sharing: Privacy Rules Explained | TrustArc TYPE: resource --- Selling and Sharing: Privacy Rules You Can’t Ignore Think you’re not “selling” data? The law might disagree. In today’s privacy landscape, regulatory definitions of selling and sharing personal data go beyond traditional interpretations, and ignoring those nuances can cost you. This infographic breaks it all down in plain language, helping privacy teams, legal counsel, and digital marketers get on the same page. Learn how laws like the CCPA define “selling” and “sharing” Know what questions to ask when assessing regulatory exposure Pinpoint what data you collect, where it flows, and who it reaches Strengthen transparency with proper notices and opt-out links Operationalize privacy rights with tools, training, and intelligent workflows This resource is your quick-reference companion for turning policy into practice, without the compliance guesswork or legalese. and ensure every data decision builds, not breaks, customer trust. ==================================================================================================== URL: https://trustarc.com/resource/webinar-california-privacy-in-overdrive-enforcement-rules-and-what-is-next/ TITLE: California Privacy in Overdrive: Enforcement, Rules & What’s Next TYPE: resource --- California Privacy in Overdrive: Enforcement, Rules & What’s Next California’s privacy landscape is shifting fast — and the stakes for organizations have never been higher. In recent weeks, the California Privacy Protection Agency (CPPA) has made bold moves that signal a new era of enforcement and oversight. From the high-profile subpoena issued to Tractor Supply — a clear indication that future enforcement actions are on the horizon — to the Board’s approval of updated regulations (with final OAL approval expected by the end of this month), privacy professionals are facing a rapidly evolving set of rules and risks. At the same time, rulemaking activities around Data Risk Assessment and Opt-Out Preference Signals (DROP) are advancing, creating new compliance obligations that will demand immediate attention and strategic action. Join TrustArc and Baker McKenzie privacy experts as they break down these fast-moving developments, explain their practical implications, and offer actionable steps to safeguard your organization. This session will help you: Understand the CPPA’s latest enforcement posture and where it’s heading. Prepare for new requirements before they become urgent compliance challenges. Anticipate the broader impact these changes could have on your privacy program. Don’t wait for enforcement to come knocking — get ahead of the curve now! This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Privacy Knowledge Lead, Law Library, TrustArc Intellectual Property Partner, Baker McKenzie ==================================================================================================== URL: https://trustarc.com/resource/integrating-privacy-into-enterprise-risk-management/ TITLE: Privacy + ERM: A Strategic Integration Guide | TrustArc TYPE: resource --- Integrating Privacy into Enterprise Risk Management: Aligning Privacy with Broader Corporate Governance Privacy has outgrown the legal department. In a world shaped by AI, ESG, and global regulation, privacy is now a strategic asset and a board-level priority. This guide shows privacy, risk, and compliance leaders how to embed privacy into Enterprise Risk Management (ERM) to drive measurable value, reduce exposure, and earn trust. Whether you’re modernizing an existing privacy program or building one from the ground up, this expert framework offers actionable guidance on mapping privacy into risk registers, integrating KPIs into executive dashboards, and influencing decision-making at the highest levels. It’s not just about compliance. It’s about turning privacy into a competitive advantage. Download the eBook and start operationalizing privacy across your organization today. Learn how to map privacy risks across ERM domains like cybersecurity, compliance, financial risk, and ESG. Discover practical KPIs to include in executive dashboards that tie privacy to business resilience and performance. Get templates and tactics to embed privacy into board reporting, risk committees, and cross-functional governance forums. “If privacy isn’t reflected in your enterprise risk governance, you’re not meeting baseline expectations.” ==================================================================================================== URL: https://trustarc.com/resource/webinar-leveraging-ai-in-your-privacy-workflow-from-compliance-bottlenecks-to-intelligent-automation/ TITLE: Leveraging AI in Your Privacy Workflow: From Compliance Bottlenecks to Intelligent Automation TYPE: resource --- AI is no longer a future-forward concept in privacy operations—it’s a proven accelerator. As organizations face mounting regulatory obligations, data complexity, and staffing limitations, TrustArc is leading the charge with a new generation of intelligent privacy software. Join this session to learn how AI is transforming privacy workflows from reactive to proactive with three groundbreaking innovations—and see them in action through a live demo: NymityAI: Your Regulatory Co-Pilot Built on the deep content of Nymity Research, NymityAI empowers privacy teams to find, interpret, and operationalize regulatory requirements faster than ever. Whether researching a new law or validating a control requirement, NymityAI acts as a dynamic partner—reducing hours of manual work to minutes. AI Autofill & Business Process Mapping: 80% Less Manual Effort AI Autofill revolutionizes record creation by eliminating repetitive data entry across third-party assessments, data inventories, and business processes. With AI-prompted business process mapping now available in TrustArc’s Data Mapping & Risk Manager, privacy teams are gaining granular, risk-aware visibility into how personal data flows across the enterprise with minimum manual effort. AI Analyzer: Intelligent Compliance Optimization AI Analyzer scans uploaded evidence, evaluates control effectiveness, and delivers tailored, prioritized recommendations to close compliance gaps. Leveraging a robust knowledge base of over 20,000 controls (including 1,200+ harmonized common controls across 125+ standards), this next-gen capability draws on the depth of TrustArc PrivacyCentral. The result? Dramatic time savings and elevated assurance for compliance leaders. Join us for an exclusive look into the groundbreaking advancements TrustArc has made in artificial intelligence! VP of Product Management, TrustArc Product Manager, TrustArc Privacy Solutions Engineer, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/vendor-management-essentials/ TITLE: Vendor Management Privacy Checklist | TrustArc TYPE: resource --- Vendor Management Essentials Your vendors may process personal data, but you’re still on the hook for protecting it. Merely trusting your processors isn’t enough. From selecting the right partners to managing ongoing risk and AI oversight, privacy-first vendor management is a regulatory and reputational must. This infographic distills the essentials into one actionable guide: Understand controller vs. processor roles Know exactly what your Data Processing Agreement (DPA) should include Vet vendors with a due diligence checklist built for privacy professionals Ask the right questions about AI use and transparency Build a smarter, reusable audit strategy that scales Whether you’re onboarding a new cloud service or auditing long-term partners, this visual guide helps you shift from reactive to proactive. and level up your privacy program without the legal jargon or guesswork. ==================================================================================================== URL: https://trustarc.com/resource/tracking-technologies-privacy-spotlight/ TITLE: Online Trackers & Privacy Explained | TrustArc TYPE: resource --- Tracking Technologies in the Privacy Spotlight If you’ve ever wondered how ads seem to follow you across the internet, you’re not alone, and you’re not imagining things. Trackers are the silent engines behind digital advertising, collecting user data across websites and devices to power personalized marketing. But as global scrutiny intensifies, so do the risks for businesses that rely on them. This infographic breaks it down clearly, visually, and with practical next steps for privacy leaders and marketers alike. Understand the key types of trackers (cookies, pixels, device IDs, fingerprinting) See how tracking fuels the digital ad economy Explore why regulators and privacy advocates are raising red flags Learn from recent enforcement actions and what’s next Discover how privacy-by-design is reshaping the future of Adtech If your organization uses online tracking for advertising, analytics, or personalization, this infographic is a must-read. and learn how to mitigate the risks while keeping your digital strategy and trust intact. ==================================================================================================== URL: https://trustarc.com/resource/privacy-contracting-foundations/ TITLE: The Foundations of Privacy Contracting | TrustArc TYPE: resource --- Privacy PowerUp Series #5 Businesses handle an enormous volume of personal data today, making privacy contracting a crucial aspect of data management. Understanding the intricacies of is essential for legal professionals, especially those working in privacy. This article aims to provide a comprehensive guide to privacy contracting, focusing on Privacy and Security Disclosures, and Policies and Addenda. Setting the stage: The goals of privacy contracting Before getting into the specifics, start by understanding your overarching goal in privacy contracting. Whether you’re building a privacy program from scratch, or trying to keep a customer satisfied, the primary objective should always be to build trust. Robust privacy agreements can establish and reinforce your brand’s credibility, while poor execution of these documents can erode trust. Privacy and security disclosures Think of Privacy and Security Disclosures as the exterior shell of your privacy program. These non-negotiable documents provide vital information on a company’s data protection practices. Also known as a Privacy Disclosure or Privacy Statement, this document explains how a company collects, uses, stores, and shares personal information. A well-crafted Privacy Policy should include: Types of data subjects (website users, customers, partners, employees) Types of information collected How data is used and/or shared Links for data subjects to contact the company or exercise their data subject rights Sub-processors and affiliates disclosure This disclosure provides information about the sub-processors and affiliates a company may share personal data with. It should include: Sub-processor entity details Location of the sub-processor Purpose of data processing Safeguards for data transfer (e.g., DPF, SCCs) Data privacy representative/contact information Technical and organizational measures (TOMS) TOMS set out an organization’s privacy, security, governance, and compliance commitments. Key elements include (as applicable): Physical security controls Third-party compliance audits Data deletion, export, and return policies If your organization uses cookies, the Cookie Policy should provide detailed information about the types of cookies collected (essential, analytics, content) and how data subjects can disable or delete certain cookies. Once you’ve established a solid shell with your Privacy and Security Disclosures, it’s time to get into contracting. These agreements are pivotal in establishing or eroding trust with potential customers. Data Processing Agreement (DPA) A DPA is a legal contract between a data controller and a data processor. It outlines the rights and obligations of the parties involved in data processing. Key clauses typically include: Purpose of data processing Data processing instructions Duration of data processing rights Obligations of both parties This document describes prohibited uses of an organization’s services, content, output, or documentation. It includes: Prohibition of illegal, harmful, or offensive use Rights to monitor and enforce prohibitions For organizations with an online presence, this is where to showcase a commitment to Web Content Accessibility Guidelines (WCAG) 2.1AA (if applicable) Sometimes customers may require further commitments regarding an organization’s security posture. A Security Addendum usually includes: Administrative safeguards (incident response, change management, background checks, etc.) Technical safeguards (physical security, vulnerability scanning, network security, etc.) Organizational safeguards (security program, third-party assessments, disaster recovery, etc.) Business Associate Addendum (BAA) A BAA is a legally binding contract that protects personal health information (PHI). Required under when a Covered Entity uses a Business Associate to perform services involving PHI, it ensures that any party handling PHI adheres to specific standards to protect the data. Ensure strong privacy contracting practices Privacy contracting is not just about compliance; it’s about building and maintaining trust with your customers. By focusing on robust Privacy and Security Disclosures and well-crafted Policies and Addenda, you can establish a strong foundation for your privacy program. Ready to refine your privacy contracting approach? Discover Trust Center by TrustArc Leverage a no-code solution that lets you unify, showcase, and streamline trust and safety information. You can create your own in days versus taking months to build one and make updates instantly. Take a tour of some of the features to see how easy it is to create a modern unified Trust Center! Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Privacy Contracting Infographic Save this infographic for a simple overview of the privacy contracting foundations. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #6 Choice and Consent: Key Strategies for Data Privacy Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/international-data-transfers-onward-transfers/ TITLE: Managing the Complexities of International Data Transfers and Onward Transfers | TrustArc TYPE: resource --- Privacy PowerUp Series #7 In today’s interconnected world, data knows no borders. Understanding the intricacies of international data transfers is crucial for businesses and privacy professionals alike to ensure compliance and safeguard personal information. This comprehensive guide will walk you through the regulatory landscape, key concepts, and practical steps to manage international data transfers effectively. Understanding data transfers What constitutes a data transfer? Before we can discuss the regulations and restrictions, it’s essential to understand what qualifies as a data transfer. While the General Data Protection Regulation (GDPR) doesn’t explicitly define data transfer, the European Data Protection Board (EDPB) offers some guidance “Some examples of how personal data could be ‘made available’ are by creating an account, granting access rights to an existing account, ‘confirming’/’accepting’ an effective request for remote access, embedding a hard drive or submitting a password to a file. It should be kept in mind that remote access from a third country (even if it takes place only by means of displaying personal data on a screen, for example in support situations, troubleshooting or for administration purposes) and/or storage in a cloud situated outside the EEA offered by a service provider, is also considered to be a transfer.” To determine if a data movement is a transfer, consider the following: Map out the data flow—where did it originate? Identify the storage location. Determine who accesses the data and where they are located. Assess any external sharing of data. Using this approach, you can better understand whether your data movements qualify as a transfer, and align with Restrictions on data transfers Global regulatory landscape The regulatory landscape for data transfers varies significantly across the globe. Some countries have no restrictions, while others enforce strict data localization laws. Countries without privacy laws or national-level regulations may not impose data transfer restrictions. For example, until recently, the US had no such limitations. Some nations require data generated within their borders to be stored domestically or restrict transfer of specific data types altogether. Examples include China, Russia, and Vietnam. Most countries fall somewhere between no restrictions and complete prohibition. Here are some common mechanisms: An adequacy decision occurs when one country recognizes another country’s privacy protections as sufficient, allowing data transfers between them. Canada’s privacy regulations are deemed adequate by the EU. EU-US Data Privacy Framework: can transfer data from the EU to the US. Japan recognizes the EU’s data protection as adequate. Dubai International Financial Centre: Standard contractual clauses (SCCs), also known as model contractual clauses, are predefined templates that outline the responsibilities and protections for data transfers. Different regions may have their versions, such as the UK’s International Data Transfer Agreements (IDTAs). Identify the data exporter and importer. Determine your role (data controller or data processor). Complete the necessary sections with transfer-specific details. Ensure both parties execute the contract. Regions with SCCs include the EU, UK, China, Hong Kong, and Brazil. While convenient, SCCs can be burdensome for transfer-by-transfer implementation. Transferring data based on consent requires explicit permission from the individual whose data is being transferred. Note that consent for data collection or processing does not automatically imply consent for transfer. Requirements for obtaining consent vary by region. Binding Corporate Rules (BCRs): Allow large multinational companies to transfer data within their organization across borders. enabling certified companies to transfer data between participating jurisdictions. Practical steps to manage data transfers To effectively manage international data transfers, follow these steps: Understand where your data is stored , who accesses it, and where it is shared. Use a tool like TrustArc’s Data Mapping & Risk Manager to automatically map your data flows and identify transfer risks against current international data transfer laws. Determine if your data movements qualify as transfers using regulatory guidelines. Choose a Transfer Mechanism: Select the appropriate mechanism (adequacy decision, SCCs, consent, etc.) based on your transfer scenario. Implement Compliance Measures: Execute necessary contracts, obtain consent, and document your processes. Regularly review and update your data transfer practices to ensure ongoing compliance. Ensure compliance and protect personal information across borders International data transfers are a complex but essential aspect of modern business operations. By understanding the regulatory landscape and implementing the right mechanisms, you can ensure compliance and protect the personal information of individuals across borders. Are you managing international data transfer risks? Explore how TrustArc can help you streamline your privacy compliance efforts and manage international data transfers with confidence. allows you to easily mitigate high risks with transfer impact assessments (TIAs). TRUSTe Assurance and Certification Services enable you to demonstrate compliance with cross-border transfers through APEC CBPR & PRP Certification Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. International Data Transfers and Onward Transfers Infographic Understand data transfer methods and the five steps to effectively manage international data transfers. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #8 Emerging Technologies in Privacy: AI and Machine Learning for Privacy Professionals Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/emerging-technologies-privacy-ai-machine-learning/ TITLE: Emerging Technologies in Privacy: AI and Machine Learning | TrustArc TYPE: resource --- Privacy PowerUp Series #8 People see and hear so much about artificial intelligence, but do people really understand ? Furthermore, how do privacy professionals fit into the world of AI? Understanding AI and machine learning What is artificial intelligence (AI)? When you hear about AI, images of sentient robots from science fiction are often conjured. However, in reality, AI refers to machines, commonly computer systems, that can simulate human functions and processes such as learning and self-improvement. These systems are built, programmed, and maintained by humans; they do not think or act with an independent consciousness. The role of machine learning AI is an umbrella term that includes various technologies and learning approaches, one of which is machine learning. Machine learning is a data-driven type of AI that analyzes data to teach machines how to perform specific tasks and provide accurate results by identifying patterns. Over time, machine learning algorithms improve as they are exposed to more data, enabling the AI model to learn and enhance its performance. Automated processing vs. AI It’s crucial to distinguish between automated processing and AI. Automated processing focuses on task execution based on predefined programming by humans. AI, on the other hand, emphasizes decision-making that replicates cognitive processes, learning from new data, and improving its outputs over time. Key privacy challenges in AI One of the most significant privacy challenges with AI technologies is . AI systems often require vast amounts of data to improve their learning. Collecting this data, especially without the knowledge and consent of individuals, can pose severe privacy risks. Businesses must exercise due diligence in ensuring compliance with data minimization principles. Transparency and explainability Transparency issues arise when there is a lack of understanding about the data sources feeding into an AI model and how the AI system works. Individuals should always be informed when they are interacting with AI. Updating privacy policies is not enough; businesses must communicate these updates effectively to meet transparency requirements. Storing large amounts of data for AI systems increases the potential for data breaches and improper access. Ensuring robust security measures is vital to protect this data from unauthorized access and leaks. AI systems can perpetuate discrimination and bias, especially when used for profiling and automated decision-making. Biases in the AI’s algorithm, often stemming from the biases of human developers, can lead to unfair treatment of individuals or groups. Is your AI governance program ready for rapidly evolving AI technologies? Take a brief quiz to find out Addressing privacy challenges in AI Know what type of AI you are using, how it works, and how your business employs it, particularly if personal information is involved in training or decision-making processes. Stay current with existing and emerging laws to ensure your AI usage and associated data processing comply with privacy and security requirements. Assess high-risk processing Determine if your AI processing would be considered high-risk. Conduct a data protection impact assessment (DPIA) where required, especially when using new technology to process personal data. Revisit privacy management Incorporate AI into your existing privacy policies and procedures. Update privacy notices, processes for handling individual rights requests, and data retention and security policies to address AI technologies appropriately. Ensure transparency and explainability Make AI system operations, algorithms, and decision-making processes visible and understandable to users and stakeholders . Provide clear explanations for AI decisions to enable users to understand the outcomes. Implement human oversight Ensure appropriate human oversight and intervention mechanisms are in place. Allow individuals to question or challenge AI decisions and ensure a human operator can review and take over the decision-making process when necessary. Strengthen data governance Effective data governance is crucial in the AI context. Ensure the use of accurate and quality data, promote transparency, accountability, and ethical considerations in AI development and deployment. Practice privacy by design Integrate privacy safeguards into every operational phase as you build automated systems and AI models. Ensure these safeguards are not just applied retroactively due to compliance requirements or data breaches but are part of the design process from the start. integrating privacy by design principles into the software development life cycle Guiding AI with privacy: Essential strategies to ensure compliance and trust Privacy professionals play a crucial role in managing privacy and emerging technologies . By understanding the key terms, recognizing privacy challenges, and taking proactive steps to address these challenges, you can ensure that your use of AI aligns with privacy and security requirements. Remember, transparency, explainability, and human oversight are fundamental principles that should guide your AI compliance plan. By incorporating these elements into your privacy management program, you can build trust with your users and stakeholders while leveraging the benefits of AI. How well are you managing your AI risk? Understand your AI compliance requirements, accelerate your governance program, and demonstrate responsible AI use. Improve your AI risk management today Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Emerging Technologies in Privacy: AI and Machine Learning Infographic Understand the privacy challenges associated with AI and ML. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #9 Privacy Program Management: Buy-in, Governance, and Hierarchy Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/privacy-program-management-buy-in-governance-hierarchy/ TITLE: Privacy Program Management: Buy-In, Governance, and Hierarchy | TrustArc TYPE: resource --- Privacy PowerUp Series #9 Storytelling is a key skill in building and managing a privacy program . Stories allow us to take the reader on a journey, tugging on our emotions while conveying a specific message in the end. Like any story, you need to “hook” the reader early, keep them engaged, and deliver a memorable end. Before you start rattling off about changing data privacy laws, the growth in regulations, increasing fines, and customer expectations, STOP and take time to build your story around data privacy within your organization. Remember, we are also consumers in the global economy. Below are the steps to getting senior management buy-in for a data privacy program and the ongoing need to manage it effectively within the community. Senior management today is rewarded based on revenue growth. Mere compliance as the primary focus work for most organizations. Know the organization’s current strategic goals. Are there opportunities for privacy to drive, participate in, or support these goals? Remove ambiguities and unknowns. Refrain from using data privacy jargon, especially acronyms. Benchmark against competitors. You’ll be asked what your competitors are doing or not doing. Use to show privacy investment by verticals. Focus on engagement, not overwhelm. Instead of bombarding them with privacy facts, news, and details, aim to hook them with your story. Focus on the next immediate step and the needed support to test or prove the demand to formalize a privacy program. Typically, the most likely evangelists in your organization will be the Chief Information Officer (CIO), Chief Information Security Officer (CISO), Chief Risk Officer (CRO), Human Resources (HR) lead, and General Counsel. Additionally, there may be influential voices who command respect when they speak, even without C-Suite titles. Decide whether they all evangelize from a common script or have specific aspects of the story they’ll need to convey. Meet with these key people, tell them the story (keep it very simple), and be clear on the ask. Listen to their feedback and incorporate it into your story. Collaboration strengthens the narrative. Your primary objective at this time is to have them say, “Yes, I can help tell your story.” Be prepared to address strategy, structure, process, and people. Collaborate for strategic goals. Highlight areas where privacy can help achieve organizational strategic goals. For example, privacy teams can help InfoSec focus resources where personal data exists, saving time and unnecessary security expense. Build your program based on actual risks categorized as high, medium, or low. Data should define your future. Identify personal data processing activities and collection requirements Think of this step as a “proof of concept.” Identify areas where personal data processing likely occurs and Look across the enterprise in areas like talent recruitment, digital marketing, customer service, sales teams, and others. Gather at least the minimum requirements to comply with Empathetically address pushback and set clear expectations. Your objective is to obtain a statistical data sample. or spreadsheets, categorize processing activities as high, medium, or low risks to the organization. Add details to the storyline. What does the data reveal? What are the initial inherent risks? Are there glaring compliance issues? Are we aligning with best practices and data privacy principles? Show data-defined stories. Use the data inventory exercise to define and illustrate the story. PowerUp evangelist network Refine your initial storyline as needed. Share findings with evangelists. Again, ensure they have a simple script to follow. Plot specific functions processing personal data and get on established team meeting agendas to tell the story. Gain senior management buy-in Work with your evangelists, especially those in the C-Suite, to get time with senior leadership. Ensure you have enough information (about four PowerPoint slides) to accomplish your objective. When ready, present the story to senior management. Implement governance structure Now that you have some level of senior management buy-in, put in place a broader governance structure. Build a cross-functional coalition. Privacy is a team sport; you cannot (and you shouldn’t) do this alone. Choose the right governance model. There are typically three structures in data privacy: A global privacy office is accountable for strategy, operations, insights, and training. Local privacy functions handle strategy, operations, and training for specific jurisdictions. A central function provides the global strategy and training, while local teams manage operations. Focusing on the hybrid model, there are typically two tiers: Data stewards who provide practical advice and experience. Executives who oversee the functions and provide strategic advice and budget authority. Crafting a strategic privacy program: Align, engage, and govern for lasting success By following these steps, you’ll be well on your way to creating a robust privacy program that aligns with your organization’s strategic goals. At the end of the day, building a privacy program is about crafting a compelling story that resonates with your audience, gaining buy-in from key stakeholders, and implementing a governance structure that supports ongoing management and compliance. , you can easily build out and manage your privacy and compliance governance program. Easily identify gaps, manage tasks, and streamline evidence tracking and reporting to save you time and help ensure compliance. includes over 130 global privacy and security laws and standards – continuously updated by a team of privacy and legal experts. Start automating your privacy operations today Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Eight Steps to Privacy Program Management Follow these eight steps to establish a privacy program and gain buy-in from senior executives. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the last article in this series: #10 Managing Privacy Across the Organization Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/getting-started-in-privacy/ TITLE: Getting Started in Privacy | TrustArc TYPE: resource --- Privacy PowerUp Series #1 Privacy has become an essential aspect of our online lives today. As we’ve seen from various headlines, news articles, and legal updates over the last few years, the risk of and actual misuse of data is on the rise, as are the risks of data breaches, identity theft, and the pervasive nature of digital surveillance. Understanding how to protect personal data (you may be used to hearing this as another term, depending on geography or your business operations, such as personally identifiable information ) maintained and/or entrusted to you is more important than ever. This series aims to provide a starting point for anyone looking to navigate the complexities of privacy program management. It offers practical tips and strategies to help you safeguard and ethically and lawfully manage personal data. Whether you’re new to privacy or someone looking to enhance your current privacy measures, Getting Started in Privacy will empower you to build and manage a privacy program. Data privacy, sometimes called , refers to the ethical and responsible handling of data, particularly personal data. This includes how data is collected, stored, managed, and shared. Essentially, if you work in privacy, you are the responsible steward of any personal data entrusted to you or your organization, including any employee, customer, or prospective customer information, and ensuring it’s protected from unauthorized access and responsibly processed and handled. Why is data privacy important? From trust to compliance, here are five reasons why businesses should embrace data privacy 79.3% of the world’s population is covered by some form of national data privacy law, people expect and demand their privacy be respected, and businesses are expected to answer the call. This has led to privacy being a default expectation, and it can be seen in running full campaigns around privacy or Google providing privacy-specific features in many offerings. Showing how you can and do protect and respect data and being transparent about practices translates to customer loyalty and trust. In today’s competitive environment, trust is a critical differentiator. say they won’t support a company that shows signs they can not be trusted. Ignoring privacy laws can lead to numerous potentially severe consequences, including legal risks, loss of business/revenue, and possibly hefty fines. Laws like the EU’s GDPR (defined below) can impose fines of up to 4% of worldwide revenue, while the can levy fines of up to 6%. Poor privacy program and general data management, handling, and/or use can lead to numerous risks, including—but not limited to—data breaches, reputational harm, loss of revenue, possible fines, and disrupted operations. While not strictly a business reason, ethical responsibility is crucial for the long-term health of your organization. Protecting personal data aligns with a values-driven approach to business. You have a responsibility to protect and safeguard information maintained by your organization. Key data privacy regulations and frameworks If you’re just getting started, it may be helpful to familiarize yourself with some key laws and frameworks: Nymity Privacy Management Accountability Framework , OECD Privacy Framework, , NIST, and ISO 27701 can also guide your program’s development. Save time with expert assistance in staying up to date with the above regulations, frameworks, and more. Easily learn and understand laws with , a comprehensive regulatory database built by experts. Covering over 244 jurisdictions globally, save legal research time, effort, and costs with premier regulatory insights, legal summaries, operational templates, and law comparisons. Seven core privacy principles While each law or framework differs, these seven core privacy principles , which originate from GDPR (but GDPR was inspired by multiple sources, including the OECD frameworks and of course, prior EU regulation) can be a useful mechanism to provide a foundational framework that guides organizations in their approach to personal data management. Here is a brief overview of the concepts: Lawfulness, Fairness, and Transparency: Be upfront, reasonable, and lawful with your data handling practices. Collect data for specific, legitimate reasons, and only use said data for those reasons. Collect only necessary data. Help to ensure data is accurately maintained or can be revised where inaccurate. Don’t retain data longer than necessary. Integrity and Confidentiality: Secure data against unauthorized access or use. Document and be capable of demonstrating your program practices. Further, while it is important to understand if there are any key regulations with nuances you need to keep in mind, these principles can help as a “guiding light” to build a “north-star” style privacy program that meets various regulatory requirements, not to mention consumer and buyer expectations around your organization’s privacy program management. The foundation of a privacy program Establishing a robust privacy program is crucial for any organization looking to protect personal data and ensure compliance with relevant regulations. A well-designed privacy program meets legal requirements and accelerates your business. The key components of a strong privacy program typically include conducting a thorough , implementing appropriate policies and procedures, providing ongoing training for employees, and regularly assessing and auditing data practices. By focusing on these foundational elements, organizations can help to effectively manage privacy risks and demonstrate their commitment to safeguarding individual rights. Consider taking the following steps to build out your privacy program. Build relationships with key stakeholders in your organization – particularly those who handle, process, or manage personal data. Such as engineering, product, HR, marketing, and finance leads. Conduct a gap analysis against a chosen privacy framework or set of laws to establish a starting point for advancing your privacy program. Using an established baseline helps you to identify gaps that need to be addressed to mature the program. Create an implementation plan Consider focusing on any perceived high-risk areas first. Develop a set of controls and standards to build an overarching privacy framework. Develop policies and procedures Create the appropriate policies, procedures, and disclosures needed to ensure that both internal and external stakeholders to your organization understand obligations, requirements, and transparent handling practices, as applicable. These may include items like privacy notices, data processing addenda, a data subject rights procedure, a technical privacy standard, or a retention policy. Instill a privacy-first culture Build a training and awareness program to make privacy a part of your organization’s DNA and improve . Conduct mandatory annual training and internal campaigns to win your organization’s hearts and minds. Continuously monitor and reinforce Privacy is a journey, not a destination. To keep up with the evolving privacy landscape, regularly check and update your controls. ​​You can easily centralize this effort by using a program management and governance software like TrustArc PrivacyCentral provides pre-mapped controls for global privacy and security laws, regulations, and standards. It helps you streamline evidence gathering and automates shared controls and compliance work. Understanding individual rights in data privacy Many modern privacy laws have a specific focus on permitting particular individual rights. It is important for your organization to understand not only what those individual rights are, but to also to make sure to have processes, vehicles, or mechanisms to actually facilitate the exercising of those rights. Let’s explore some of the most common individual rights/data subject requests and their implications: The right to know, also known as the right to access, empowers individuals to request and obtain information about the personal data that organizations hold about them. This transparency helps build trust and ensures that individuals are aware of how their data is being used. The right to rectification The right to rectification allows individuals to request corrections to inaccurate or incomplete data – it may be inaccurate or incomplete, for example, because circumstances change (e.g., you moved addresses or changed email addresses) or it was inaccurately captured (e.g., someone’s phone number has a typo in it). This right permits individuals to request the correction of this type of information. In the EU, it’s often referred to as the “right to be forgotten,” – which allows individuals to request the deletion or removal of their personal data. This can be particularly important when the data is no longer necessary for the purpose for which it was collected or if the individual withdraws their consent. The right to restrict processing Think of this as putting a “do not disturb” sign on your personal data. The right to restrict processing allows individuals to limit how their data is used. For instance, if there is a dispute about the accuracy of the data, processing can be restricted until the issue is resolved. The right to data portability In an increasingly digital world, the right to data portability is often seen as essential by numerous consumers and individuals. It allows individuals to obtain their data in a commonly used and machine-readable format. This means they can keep a local copy of their data or transfer it to another service provider easily, facilitating flexibility and control over their personal data. This right allows individuals to object to certain types of data processing, such as marketing activities. For example, an individual can opt-out of receiving promotional emails or refuse the use of cookies that track their online behavior. Jurisdictional variations It’s important to note that these rights are not absolute and can vary by jurisdiction and geography. Different countries and regions may have specific regulations that further define or limit these rights. Therefore, it’s crucial to stay informed about local laws and regulations, make your own determinations about applicability and consider conferring with counsel. Understanding these individual rights is important for those involved in data privacy. These rights form the backbone of modern privacy laws and practices, ensuring that individuals have greater control and protection over their personal data. Incident response or breach response Even if you do everything right, incidents can still happen. Be prepared with a solid incident response plan or procedures . Not every incident is a breach, but knowing how to respond to each could save your organization from potentially significant risk or harm to any individuals whose data was entrusted to the organization. For detailed breach obligations by country, TrustArc’s can help with understanding comprehensive applicable laws, including by providing a country-by-country easy-to-use cheat sheet called a Breach Index. Below are some privacy-focused considerations and steps, but as always, we recommend consulting with your counsel as well. Understand the cause of the incident, what systems and information was affected, to whom do the information belong and to what does it pertain to. An incident may have roots in a security or be purely a privacy-related event. Typically, organizations would refrain from broadcasting outside a predetermined group or from making public definitive and conclusive disclosure at this juncture. Assess the potential and theoretical maximum that could be caused by this incident – sometimes called a “blast radius.” Could financial or personal data be exposed, creating a risk of theft or fraud, as one example. Determine if the risk is ongoing, imminent, or (meaning whatever “open window” of risk has or can be closed). If the incident or threat is not contained, continue working until containment occurs. Know your obligations, which may vary by jurisdiction, regarding potentially impacted data, if the worst-case scenario were to hypothetically occur. For example, every state in the U.S. has separate obligations for breach response while certain regions have umbrella response obligations, which may supplement or supersede local requirements, like in the European Union. Depending on the facts and circumstances of the incident, you may need to escalate this further internally and/or externally, e.g., your outside counsel, insurance brokers, and other stakeholders. While consulting legal counsel, consider if law enforcement or government agencies need to be informed. For example, if there is a suspicion that this event was linked to criminal activity, such as a malicious data breach? If a notifiable event has occurred, assess who needs to be notified and how to notify them properly. This could include notifying clients, affected individuals, regulators, and the public at large – these determinations may be made the basis of a variety of factors such as contractual obligations, legal obligations, or industry standard exceptions, among others. Once containment has occurred, decide what other post-incident activities need to be completed. These could be due to contractual or legal commitments or public expectations. These could be internal program improvement or data hardening/security measures, incident-specific call center operations, providing credit and fraud monitoring services, etc. Document, review, and look for hardening measures and improvements to avoid similar events in the future. Lastly, don’t wait until an incident occurs to set up a response team or response process. Be prepared by developing a data incident playbook and conducting annual simulation exercises Embracing continuous improvement in data privacy In the ever-evolving landscape of data privacy, organizations must recognize the importance of embracing continuous improvement as a critical component of their privacy programs. The rapid pace of technological advancements, regulatory changes, and emerging threats necessitate a proactive approach to data management. By regularly evaluating and refining privacy practices, organizations can help ensure compliance with current laws and anticipate future challenges. This commitment to ongoing assessment and adaptation fosters a culture of accountability and resilience, enabling businesses to build stronger relationships with their clients through enhanced trust. Continuous improvement is an essential strategy for safeguarding personal data and maintaining a competitive edge in a privacy-conscious world. These guidelines will help you establish a foundation for starting in privacy. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Getting Started in Privacy Infographic Get familiar with privacy management essentials to help you get started in privacy. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #2 Data Collection, Minimization, Retention, Deletion, and Necessity Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/managing-privacy-across-organization/ TITLE: Managing Privacy Across the Organization | TrustArc TYPE: resource --- Privacy PowerUp Series #10 It’s been said by people far wiser than I that “No one person is an island unto themselves,” and nowhere is this truer than in data privacy. As a privacy professional, it can sometimes feel like you are the lone crusader in the quest for a maturing program—but being a privacy Batman is exhausting! Developing privacy partnerships is the secret ingredient for ensuring privacy has a seat at the table within each department and decision-making process in your organization. Here are the top five tips for fostering a privacy-forward approach across your organization. Tip one: Build a privacy culture Line your privacy program and priorities up for success by setting a . Often, there is an untrue assumption that privacy is a time-consuming roadblock and that the privacy team is just there to say “no” to getting things done—but this does not have to be true! To overcome this assumption, you may need to market privacy internally. How can you demonstrate the many ways privacy can be a lift reducer, problem solver, and a reduction of risk and other general unpleasantness (since nobody likes a regulator knocking on the door of the Batcave)? Aligning data protection with each team’s goals Consider how privacy impacts departments and how they can benefit from greater data protection. For example, what role does privacy play in human resources? It might be respecting employee privacy, consent, and data subject rights in benefits administration, tax considerations, and disability leave. For Legal, this could be risk reduction, interactions with regulators and other authorities, or figuring out how to legally transfer data internationally. For information security, this may involve determining which technical controls can best protect personal data and allow the organization to respond to security incidents. Each department’s priorities will be different, and some good ways to identify these are: Educate yourself on organization structure and department function. Have conversations with departments and decision-makers to hear the details straight from the source. Next, think about ways the privacy team can support those priorities. From our above example, creating the Employee Privacy Notice can help guide HR. In the Legal example, you could identify adequacy decisions, , or Binding Corporate Rules as good options for transfers. For information security, you could provide support where incidents involve personal information. And so on. folks on privacy hinges on showing them how it can help, and not hinder, accomplishing their goals. Which in turn can encourage them to bake privacy features into their operations from day one. Tip two: Grow privacy partnerships Most privacy pros—even those on larger privacy teams—would agree: everyone could use an extra set of hands. Privacy success requires the participation of many different parts of an organization. But it’s easy to forget that any and every department or employee can be a part of your network of privacy champions. You can start by identifying which departments in your organization play core data roles (like Data Governance) or handle large amounts of personal data (like Sales), as well as ‘why’ and ‘how’ they interact with personal information. Are these departments already part of the ‘privacy conversation’ , or will you need to bring them on board? Consider how to support these groups by providing tailored education, guidance, and support, taking into account the special or unique ways they may be using, collecting, or protecting personal information. Find current privacy acolytes Next, identify individuals across the organization who are already privacy acolytes or who have an interest in how privacy can help them succeed in their roles. Keep an eye out for opportunities to foster privacy interest and passion, regardless of where in the organization it may come from (more on how you can get people engaged in tip three). Be aware of privacy pitfalls Finally, be aware of pain points and such as information siloing, and encourage open lines of communication. A top-down approach can unite the organization in a common goal for privacy maturity. An executive sponsor or two and the inclusion of privacy in the organization’s mission statement can encourage a privacy trickle-down effect. In the other direction, regular reporting to the executive team ensures that privacy considerations (and the budget needed for the privacy program Privacy steering committees Privacy steering committees are another great way to set the organization’s overall privacy tone and to bring together a variety of perspectives and subject matter expertise. Carefully consider who should be included in this group. You will want to ensure representation from core departments that interact with personal data and ideally have a few privacy champions present to energize the group. Details like membership, meeting frequency, reporting, authority, and the dissemination of high-level findings will help you assemble a committee of privacy superheroes. Tip three: Foster privacy education Don’t forget to account for different training needs within different roles and job functions based on when, where, how, and why they touch personal information. These efforts can help departments and employees understand how data privacy impacts their day-to-day and why their role matters for a healthy These activities are great because they can also spark interest in data privacy, encourage curiosity, and create the next batch of ‘privacy champions’ who can help inject privacy into their day-to-day and departmental operations. As we talked about in tip two, these partnerships are essential for spreading the word and encouraging a across relevant departments. Tip four: Focus on getting from point A to point B with concrete goal setting and coordination As you’ve seen in our previous tips, privacy philosophy and priorities are vital. But don’t forget about taking the next step—applying and implementing those principles into actionable next steps. can tell you, identifying gaps is the easy(ish) part. Determining how to take that information and find solutions is the challenging part—you can’t just stop at step one! Some goals can be categorized by department or job function, but many will have a multidisciplinary focus, needing the cooperation of subject matter experts across different parts of the organization. All goals should tie the merits of privacy to the organization’s high-level values—customer service, time-saving, risk reduction, consumer trust, product improvement, and business differentiation. Some goals may be as simple as “Customer service will be trained on the data subject request playbook once a year,” or “Compliance will cc Legal on privacy complaints.” Some goals may be as complex and involve as many stakeholders as obtaining an to measure control effectiveness. Regardless of complexity, goals that are documented, tracked, and specific enough to be actionable ensure that stakeholders across the organization are aware of their role in achieving these ends. Tip five: It’s all about perspective Every individual member of your privacy partnerships has different values, skills, and understandings of data privacy—but all have something to contribute! Seek to understand these different perspectives and provide them with a seat at the table; you may be surprised at the vital contributions from teams not typically associated with privacy. For example, the marketing team may have some clever ideas for privacy events or social media campaigns. Web developers can offer input on the best way to implement and links to the privacy notice or . And IT can monitor the latest and greatest tools to protect company servers and workstations. Where possible, aim to foster some level of privacy awareness and education throughout the entire organization—encourage privacy enthusiasm! And don’t forget to embrace your own curiosity for problem-solving, creative solutions, and—hopefully—flexibility and a sense of humor. Enhance your organization’s privacy maturity I hope these tips will help you on your organization’s journey to by recognizing and celebrating the vital role of cross-departmental collaboration and an interdisciplinary approach. Every department and individual contributor can have a role in your overall privacy program. With a little creativity and planning, you can bring together subject matter experts from across your organization and work together to elevate privacy principles, tear down information silos, and work towards a shared privacy vision. Best of luck in assembling your all-star privacy Avengers! Need a privacy program to manage multiple regulations? Complying with the many (ever-changing) data privacy laws and regulations can require extensive manual effort and high compliance costs. It’s no surprise that complying with each new data privacy law in the U.S. alone costs a company an average of $15-60k or more. To quickly achieve compliance and maximize auditing efficacy, move away from manual tracking and use specialized privacy and governance software. Streamline your privacy program today Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Five Tips for Managing Privacy Across the Organization Follow these five tips to foster a team of privacy avengers. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #11 Assess the Risk Before it Hits Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/building-data-inventory-mapping-ropa/ TITLE: Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) | TrustArc TYPE: resource --- Privacy PowerUp Series #3 Remember playing hide-and-seek as a kid? Building a data inventory is the adult version of that game. Think of the person hiding as an employee or perhaps yourself trying to locate all the hidden data within your organization. It might not be as much fun, but the goal is crucial—finding all the personal data that your organization is processing. This includes what personal data your organization collects, uses, publishes, modifies, views, accesses, shares, stores, and, in some cases, sells. Why create a data inventory? Creating a data inventory has several benefits, including: Understand the personal data inflowing and outflowing from your organization. Determine the type, classification, and sensitivity of personal data being processed. Provide critical data for your IT or InfoSec team to assess risks associated with the processing and potential exposure of these data. Allow your IT and InfoSec teams to implement necessary measures to secure and protect these data throughout their lifecycle. Comply with privacy laws or regulations such as Not all regulations require a data inventory, but understanding the types of personal data within your organization necessitates some form of it. Think of it as ensuring no one is left hiding in the game of compliance. Building a data inventory Here are the four steps to building a comprehensive data inventory: Before jumping into data collection, take a moment to plan: Are you addressing data privacy needs or broader IT/IS requirements? What is the current state of maintaining personal data? Leverage existing processes: Can existing processes be used, or will new ones need to be created? Determine data ownership: Who owns the data, and who is responsible for maintaining it? How will the organization keep the data inventory current? Is it sustainable? Once the planning is complete, start building out the data inventory: Identify business activities: Recognize internal and external activities that process personal data. Engage data owners and SMEs: Identify and collaborate with data owners or subject matter experts (SMEs). Transparency and commitment: Be clear about time commitments and expectations with SMEs and their leadership. Ensure the completeness of business activities and personal data processing. Validate content and develop optional data flow maps to visualize processing activities. Step 3: Assess risk and remediate With the data inventory in place, the next step is to assess the risk: Identify high-risk business processes. Determine if personal data crosses international borders. Check for automated scoring or AI use. Identify special categories of data (e.g., ethnicity, religion, etc.). Assess medical data, including biometrics. Sort business processes by high to low risk using a risk-based model. Further assess high and medium-risk activities to reduce inherent risk and establish target residual risk. Conduct Privacy Impact Assessments (PIAs) with SMEs and data owners. Identify compliance gaps and minimize risk areas. Document assessment activities and results for potential requests by authorities. Step 4: Publish and demonstrate The final step is to publish your data inventory: Compile the inventory so it can be used organization-wide. For larger data inventories or dynamic data processing, consider leveraging software tools such as Data Mapping & Risk Manager Ensure SMEs or business activity owners keep the content current and accurate, as it is important to continuously assess and monitor for privacy risks Build a comprehensive data inventory for your organization Building a data inventory is essential for ensuring data privacy, assessing risks, and complying with regulations. By following these steps, you can ensure that your organization’s data is well-documented, secure, and compliant. When it comes to your data and vendor management for compliance, it is important to continuously assess and monitor for privacy risks. Use TrustArc’s Data Mapping & Risk Manager to automate data mapping and risk management. Out-of-the-box templates and automated workflows help you continuously govern and generate ROPAs and Assessments to minimize your risk. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Building a Data Inventory Infographic Access the four steps to building a comprehensive data inventory in an easy to view infographic. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #4 Understanding Data Subject Rights (Individual Rights) and Their Importance Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/data-collection-minimization-retention-deletion-necessity/ TITLE: Data Collection, Minimization, Retention, Deletion, and Necessity | TrustArc TYPE: resource --- Privacy PowerUp Series #2 Two questions are commonly asked about an organization’s website data collection practices: Why do you need to collect that data? What are you going to use it for? Many times, the answers sound like this: We aren’t using that data for anything, We don’t know yet; we might use it at a later date . This is especially true when talking to startups. Privacy professionals deal with this challenge daily, often surprised that their company is collecting data that does not necessarily fit what the company does. Companies tend to think that more data is better and that all the data being collected is necessary, especially now with generative AI models more readily available. However, that is not the case. , focusing on the challenges of data collection, why less data is actually more, and some tips on how to determine if the collection of data is necessary and how long to keep it. What is data minimization? involves limiting the amount of data collected to what is necessary and relevant to a stated purpose or use, and only keeping the data as long as it’s needed for that stated purpose. Though it is a required by privacy laws such as , it hasn’t been much thought about until now. What has brought data minimization to the forefront? The answer is simple – AI. Companies need vast amounts of data to train their AI models, especially large language models (LLMs) . This need for massive amounts of data sets off alarm bells for regulators and privacy professionals. The risks associated with collecting data for the purpose of training AI models are high and can harm individuals through biases inherent in the training data. Because most privacy laws contain data minimization principles, regulators are questioning whether companies really need all that data. Especially if the business is using it to train an AI model. In turn, companies argue that they need that data to train their AI models, which raises a challenge for privacy professionals to help the business understand and determine what data are truly needed. The risks and challenges of collecting and keeping data There are inherent risks and challenges in collecting and keeping data: Data accuracy and quality: Ensuring the data collected is accurate is challenging at scale. “Garbage in, garbage out.” The accuracy, quality, relevance, and timeliness of data degrade if it is kept for long periods. Storing large amounts of data can get expensive, and time and resources will need to be spent finding scalable and cost-effective storage solutions. If the data is not handled properly, it could infringe upon individuals’ privacy rights, especially if it is collected from third-party sources rather than directly from the individuals. Storing large amounts of collected data increases a company’s risk in the event of a breach and the associated costs, including fines that may be incurred as a result of the breach. When receiving data from multiple sources, it is challenging to integrate across systems to get a complete picture of business operations. These challenges and risks apply to all types of data collection, not just data collected for training AI models. Understanding these challenges will help you and your business make necessary decisions about what data is essential to meet business needs and determine how long you need to keep it. Hanging on to old, dusty data only increases your data protection risk. Why less is more in data collection In terms of data collection, less is actually more. Here are some benefits of collecting only the data necessary for the specified processing purposes: Collecting less data enables companies to focus on the information that is most relevant to achieving business goals. Faster and more reliable decision making: Less data can reduce the number of errors and inconsistencies, enabling faster access to information for more efficient decision-making. Storage, maintenance, and human resource costs are lower when maintaining less data. Having less data reduces breach risk by limiting the number of records that could be affected in the event of a breach. Digital carbon footprint reduction: Storing data has an environmental impact. Reducing the amount of data stored helps save energy since the amount of energy needed to process data is reduced. The benefits of data minimization reduce costs and risks and enable the business to achieve its goals faster and more effectively by making more reliable decisions. Five practical tips for implementing data minimization Now that we understand the risks and benefits, let’s explore some practical tips for determining if the collection of data is necessary and how long it should be kept: 1. Review your acceptable data use policies Ensure collection and storage of data is limited to what is necessary and relevant to a stated purpose, and data is only kept as long as it’s legally required or needed for those purposes. Ensure there are requirements to delete data when it is no longer needed. 2. Embed privacy by design privacy by design into product and service development processes, reviewing what the product or service is designed to do, and what data is truly necessary to deliver it effectively. This will also create awareness of data minimization principles among employees involved in the design and development process. 3. Leverage data minimization techniques and technologies anonymization and pseudonymization removes sensitive identifiers from data sets, allowing the de-identified data to be used for analysis and product improvement. replaces personal information with a unique code, reducing security and privacy risks while allowing for re-identification if necessary. 4. Conduct a data system inventory Ensure this includes systems provided by third-party vendors. Understand what data is being collected and processed by each system, and the purpose of that data. This helps determine its necessity. 5. Use the risk assessment process Privacy Impact Assessments (PIAs) Data Protection Impact Assessments (DPIAs) to understand the risk associated with the data identified through your system inventory, its processing, and how long it is being kept. This will help determine if the data is truly needed for its specific processing purpose. Managing the data protection practices of your business and your third-party organizations can be meticulous and time-consuming. Save time and reduce your privacy risk TrustArc’s Data Mapping & Risk Manager to help you automate and streamline your data mapping and risk mitigation work. Leverage TrustArc’s Assessment Manager to streamline privacy assessments with pre-built assessments (e.g., PIAs, DPIAs, TIAs) to automate assessments and easily produce on-demand reports for auditing. Mitigating risks and enhancing trust In this new world of more generally available AI technologies, data minimization is now more important than ever. Using too much data to train AI models may result in unexpected outputs and create biases that can erode trust. As more companies look to integrate AI into their products or data processing activities, it is essential to understand your company’s data collection and processing risk, and that methods for implementing data minimization techniques are considered from the outset. By understanding and implementing data minimization principles, you can reduce costs, mitigate risks, and make more reliable decisions to achieve your business goals more efficiently. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Data Collection, Minimization, Retention, Deletion & Necessity Infographic Review the building blocks of data collection, minimization, retention, deletion, and necessity. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #3 Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/tracking-technologies-adtech-privacy-minefield/ TITLE: Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield | TrustArc TYPE: resource --- are the silent sentinels of the internet, shaping the way digital advertising works and the privacy risks that come with it. For privacy, compliance, technology, and security professionals, understanding them isn’t just “nice to know.” It’s mission-critical. From targeted ads to legal landmines, online tracking tools are everywhere—subtle, sneaky, and often shockingly sophisticated. Understanding them is the first step in avoiding regulatory risks and protecting consumer trust in an increasingly scrutinized digital landscape. What is online tracking and why should you care? Online tracking technology refers to various methods used to monitor, record, and analyze user behavior across websites, apps, and devices. These tools are foundational to the advertising technology ecosystem, better known as AdTech Think of online trackers as digital paparazzi: they’re always watching, noting what pages you visit, what products you check out, and even what device you’re using. Then, like a matchmaking algorithm for marketers, they deliver ads tailored to your behavior. And this isn’t some fringe tech; this is the digital economy’s fuel. How online trackers work: The tools in the toolkit Online trackers come in many forms, each sneakier than the last: : The OG of trackers. These small text files live in your browser and remember your actions, from login info to shopping carts. : Invisible 1×1 images embedded in websites or emails that track user actions. : Persistent identifiers that follow you across apps on mobile devices. : This technique assembles a unique profile using your browser settings, fonts, plugins, and more. Together, these trackers build a behavioral dossier that would make Sherlock Holmes blush. : Cookie IDs, user IDs, IP addresses. : Operating system, browser type. : Pages visited, time spent, purchases made. Demographics and inferred interests : Even if you never offer them up. This collected intel then feeds into audience segmentation, enabling hyper-targeted advertising campaigns that hit users with uncanny relevance. AdTech: The industry powered by tracking Tracking technologies are the lifeblood of modern AdTech. Without them, digital advertising would be like throwing darts in the dark. Imagine shopping for a new pair of sneakers. Minutes later, ads for those very shoes (and their cousins) follow you across the web like an overly enthusiastic sales rep. That’s retargeting, a direct product of tracking. AdTech companies use this data for: : Matching ads with likely interests. : Tracking clicks, conversions, and ROI. : Recognizing you as the same user on your phone, laptop, and smart TV. : Where ad space is auctioned in milliseconds as pages load. RTB works like a speed-dating event for ads. Your data is broadcast to an ad exchange the moment you land on a website. Bidders then offer top dollar for the chance to show you a personalized ad, all before you’ve even scrolled. It’s quick, efficient, lucrative, and a ticking privacy time bomb. Privacy concerns: Where the plot thickens Tracking technologies may be an Adtech darling, but they’re a privacy professional’s worst nightmare. Here’s why: Most users don’t know they’re being tracked. Even when they do, privacy notices are often buried, vague, or intentionally confusing. As a result, is frequently uninformed, or worse, fabricated. The sheer amount of data collected (often ) is staggering. This includes geolocation, health inferences, political leanings, and even religious beliefs. Many companies in the AdTech chain don’t know where the data goes or how it’s used after it’s shared. When personal data ping-pongs between dozens of vendors during RTB auctions, who’s accountable? Regulatory minefields: The compliance tightrope These laws demand transparency, consent, and . They also pack a punch (just ask any company hit with multimillion-euro fines). Key compliance must-haves: before installing trackers. explaining who’s collecting what and why. for data transfers (especially cross-border). shattered the EU-U.S. Privacy Shield , exposing U.S.-bound tracker data to potential surveillance concerns. Several DPAs have ruled Google Analytics and similar trackers illegal under EU law due to cross-border transfer risks. Privacy pros must now ask: “Is our tracking tech even legal in the countries where we operate?” The hidden risks of tracking technologies Let’s break it down like a late-night infomercial. Except what’s at stake isn’t your wallet, it’s your legal standing. : Collected data = breach potential. : People don’t like being watched, especially in secret. : Who owns it? Who protects it? Old-school wiretap laws (like California’s CIPA) are being reborn to fight modern tracking. Plaintiffs argue that using tools like session replay software is akin to unauthorized surveillance. Lawsuits are multiplying. Decisions are still pending. But the message is loud and clear: 3. Cross-border data transfer risks EU regulators have scrutinized trackers that transmit personal data to the U.S., citing national surveillance concerns. If the European Parliament can be found noncompliant, so can you. Google Analytics, Meta Pixels, and similar tools are under fire. If your trackers cross international borders, buckle up. The U.S. Federal Trade Commission (FTC) and European DPAs aren’t just wagging fingers. They’re wielding hammers. Selling location data without consent = fine. Misrepresenting health data use in ad targeting = fine. Failing to secure personal data = fine. Spoiler: All of these are violations that tracking tech can trigger. What businesses can do right now Tracking may be a cornerstone of digital strategy, but that doesn’t mean it’s untouchable. Here’s how to walk the compliance walk: Inventory every tracking technology on your websites, apps, and third-party tools. Know what data is collected, where it goes, and who sees it. Review consent mechanisms Are you obtaining valid, verifiable consent? Are your and privacy notices clear and honest? Switch to privacy-by-design tools irst-party data strategies offer alternatives to invasive trackers, without sacrificing performance. Data Protection Impact Assessment (DPIA) helps you understand and mitigate the risks posed by trackers, especially in sensitive contexts or jurisdictions. From marketing to IT, make sure everyone knows the rules of the (cookie) jar. Knowledge gaps are regulatory traps. The future of tracking: Is there a path forward? One path leads to greater personalization, hyper-targeted campaigns, and rapid innovation. The other leads to regulatory smackdowns, class action lawsuits, and brand damage. . Companies that embrace ethical data practices not just because they have to, but because it’s the right thing to do will win customer trust and regulatory goodwill. Privacy is more than a compliance checkbox. It’s a business advantage. Don’t be the last to wake up If you think online tracking is just a marketing issue, think again. It’s a cross-functional challenge that touches every corner of the enterprise, from legal and compliance to security, data governance, and executive leadership. Like the plot twist in a good spy thriller, the trackers are always one step ahead. But with the right tools, the right mindset, and a commitment to privacy, your organization doesn’t have to play catch-up. Online tracking technology may be invisible. But its impact? Anything but. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Tracking Technologies in the Privacy Spotlight Watch all the videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #16 Data Inventory: Next-Level Classification for Privacy Professionals Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Data Inventories, Mapping, and Records of Process Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundation of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/privacy-approved-vendor-management-program/ TITLE: Building a Privacy-Approved Vendor Management Program | TrustArc TYPE: resource --- When it comes to privacy and compliance, your weakest link might be outside your organization. In an age of outsourcing, AI, and ever-evolving regulations, isn’t just a procurement function; it’s a privacy imperative. If you’ve ever worried about choosing the right processor, what goes in a contract, or how to stay ahead of regulators and reputational risks, this one’s for you. Let’s demystify vendor management, build your confidence, and leave you with actionable steps to protect your business and your customers. What is vendor management, really? Vendor management is the lifecycle process of choosing, , and overseeing third-party service providers (aka processors) who handle your data. It’s the system behind selecting who to trust, setting the rules, and staying vigilant as that relationship evolves. Think of it like assembling a pit crew in Formula 1. Each member plays a critical role, every second counts, and one wrong move can put your entire race at risk. Because when vendors touch your customer data, any mistake they make could become your PR nightmare. Outsourcing may offer efficiency and scale, but it doesn’t outsource your accountability. The legal, ethical, and operational risks remain squarely your responsibility. Controller vs. Processor: Who does what? Understanding your role and is foundational. In data protection terms: = the organization that determines the “why” and “how” of data processing. = the organization that processes data on behalf of the controller. You might be both in different scenarios. For example, a SaaS company could be a controller when managing its employees’ payroll, and a processor when managing customer data in its platform. you can’t be both for the same processing activity. Each role comes with distinct responsibilities, so mapping out who does what helps you stay on the right side of the law. Why vendor management matters now more than ever to the emerging patchwork of global AI regulations, most modern privacy laws allow controllers to use processors, but with strings attached. Data Processing Agreement (DPA) . This legally binding contract: Clarifies the scope and nature of the processing. Binds the processor to act only under your instructions. Details their obligations, your expectations, and how sub-processors are handled. No DPA? No dice. That processor relationship is non-compliant by default. Due diligence: Your pre-contract power move Think of due diligence as your privacy polygraph. Before sharing a single byte of data, assess potential vendors like you’re hiring a bodyguard for your customers’ most sensitive secrets. 1. Expertise and capacity Can they scale? Do they have the tech and people power to handle the job under pressure? Domestic or foreign? Consider cross-border data transfer laws and whether their local government might access your data. What do privacy-minded peers say? Google reviews, industry forums, and watchdog reports are your best friends. If it happened before, how did they respond? Have they fixed the root cause or just slapped on a Band-Aid? 5. Regulatory track record Fined before? Under investigation now? Dig deep. High attrition can mean instability and heightened data risk. Are current customers happy, or running for the exits? Do they have a Data Protection Officer (DPO)? A documented AI: The wild card in modern vendor management ChatGPT, predictive algorithms, and automated decision-making , AI is no longer optional. It’s operational. If your vendors use AI, you need to know: Is your data used to train their AI model? Is their AI monitored for bias or unintended outcomes? Are humans reviewing key decisions, or is the process fully automated? Are they transparent about AI usage—to you and to the data subjects? Why does this matter? Because AI use : discrimination, explainability issues, and regulatory scrutiny. If a vendor’s AI goes rogue, your brand takes the hit. Are your AI vendors a help or a hazard? to determine your exposure. Contracts: Cementing the relationship Now that you’ve picked a privacy-savvy vendor, it’s time to get it in writing. The outsourcing agreement or DPA should cover: : What exactly is being processed, and why? : Type of personal data and categories of data subjects. : Clear rules for what the vendor can and cannot do. : How long they’re allowed to process the data. : Their duties for confidentiality, security, breach notification, and more. And don’t forget clauses covering sub-processors, international data transfers, and audit rights. You’re not just covering your legal bases—you’re setting the tone for a trust-based relationship. Just because you can outsource doesn’t mean you should do it without guardrails. The scientists didn’t stop to think whether they should resurrect dinosaurs, and chaos ensued. The lesson? Complexity without control is a recipe for disaster. Vendor management isn’t about saying “yes” or “no” to outsourcing. It’s about saying “yes, but…” and making sure the “but” includes binding contracts, strong oversight, and strategic thinking. Monitor like a hawk: Ongoing oversight & auditing This isn’t a set-it-and-forget-it deal. Data ecosystems evolve. So do threats. Even the best vendors can slip. Here’s how to keep things tight: : Ask processors to attest to their ongoing compliance. : High-risk vendors (those handling or operating in high-threat regions) deserve closer scrutiny. : Schedule audits based on the services they provide, data volume, and changes since the last assessment. : Always ask, “What’s changed since last year?” If their scope has shifted, your contract and oversight might need to shift too. : Create templates for different processor types to streamline future checks. Spread the responsibility across teams—business units, procurement, and continuity planning. It’s a shared mission. You can’t outsource accountability This bears repeating: even if your processor fumbles the ball, you’re the one the ref (ahem, regulator) will penalize. As the controller, you are legally responsible for how vendors handle the data you provide. staying vigilant from onboarding to offboarding . Data protection isn’t a department. It’s a discipline. Privacy-first, risk-aware, future-ready Vendor management is no longer a back-office checklist item. It’s a front-line defense for privacy professionals tasked with protecting consumers and corporate reputations. By understanding roles, conducting robust due diligence, creating airtight contracts, and continually monitoring vendor activities, you not only comply with but also build trust, avoid risk, and future-proof your program. Privacy isn’t a sprint. It’s an ecosystem. Vendor management is your blueprint to keeping it strong, smart, and secure. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Watch all the videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #15 Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield. Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Data Inventories, Mapping, and Records of Process Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundation of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/selling-sharing-personal-information/ TITLE: Selling and Sharing Personal Information | TrustArc TYPE: resource --- Selling and sharing personal information impacts more than data management—it affects accountability, transparency, and even a brand’s trustworthiness. This article explains how privacy teams can manage the legal and operational nuances of selling and sharing personal information. We’ll dive into regulatory assessments, data inventory must-haves, transparency and , and how to operationalize it all like a pro. Selling and sharing: What’s the difference? Depending on the laws, selling and sharing include the following: includes transfer, disclosure, making available of personal information to a third party for “monetary or other valuable consideration” includes disclosing, making available, transferring of personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration Note that disclosing personal information to service providers for business purposes may not trigger additional requirements. 1. Legal and regulatory assessment: Know your regulatory obligations One of the first steps should be assessing where you process personal information and, consequently, which laws apply to your organization. California is the only state in the U.S. that explicitly covers the definitions of “selling” and “sharing”. States such as use explicit definitions of “selling”, but do not include “sharing” explicitly. While definitions and enforcement priorities vary, most of these laws outline consumer rights and business obligations tied to these concepts, especially in the context of digital advertising and third-party data transfers. Outside of the U.S., laws like the implicitly include concepts of “selling” and “sharing.” Under the definition of processing of personal information, which includes collection, use, disclosure, or making available of personal information. to your organization is the foundation of any effective privacy program. If you’re looking to simplify that process, offers expert-curated insights, daily updates, and multi-jurisdictional comparisons, helping you identify your obligations faster and with greater confidence. That includes , which can save you hours and has been built on the work of over 25 years by trusted privacy experts. Regulatory applicability depends on multiple factors, depending on the regulations, geographical location, or data you are collecting, using, or disclosing. For example, in California, there is a . The GDPR has an extraterritorial reach, so your company may fall under the scope of this regulation if it has no physical presence in the EU. What else to consider in your assessment: Whether you collect sensitive personal information Engaging vendors and your vendor assessment practices Using personal information for cross-contextual advertising Know your regulatory footprint Multiple privacy regimes have a broad reach, and companies—including mid-sized businesses—need to know their obligations. If you operate in multiple jurisdictions, you will likely be covered by their privacy regulations. Understanding the concepts, such as “selling” and “sharing,” will be critical to designing scalable, compliant privacy operations. If you’re collecting personal data, chances are you’re already in the game. The question is whether you’ve read the rulebook. 2. Data inventory: Build a map before you navigate is a critical element when thinking about data governance, data protection, and risk management. What categories of personal information do you collect, use, and disclose? do you process the data? What’s the purpose? , and whether they’re service providers or third parties? Whether the data is sensitive and if these categories are necessary to achieve your goals? personal information in a way that would fall under categories of “selling”, “sharing”, or other applicable terms? 3. Transparency and individual rights. Privacy experts recognize that transparency is not just about making the privacy notice public, but about ensuring that it is comprehensive, relevant, and understandable. Most regulations require you to: at or before the point of data collection, use, and disclosure of personal information. for the collection, use, or disclosure of personal information. Include the contact information , among other requirements, companies need to provide: Do Not Sell or Share My Personal Information opt-out link on your website. Categories of personal information sold or shared, and to whom. Information on the individual rights and how to exercise these rights. Enforcement agencies have been increasingly focusing their attention on the notice and transparency requirements. It is very important to get this right and ensure that your data processing practices are clear and that you have appropriate measures in place. : The privacy notice is the frontline of your data trust strategy. 4. Operationalization and technical implementation: Turn policy into practice So you’ve assessed your obligations and updated your notice—great. Now ensure that the mechanisms described in the privacy notice are fully implemented and that your systems support privacy requests. Here’s how to make it real: Establish workflows for handling ; access, deletion, choice such as opt-out of sale/share. Technical implementation: Create opt-out tools that are easy to use and aligned with regulatory expectations. Avoid Apply data minimization and ensure you do not collect personal information that is not necessary to achieve your goals. Always follow the regulations and best practices. : Ensure internal teams know how to process requests and handle data according to policy and the applicable laws. Monitor your systems for compliance drift. Update your internal documentation alongside public-facing policies. A privacy program has many parts, some of which are visible, such as a privacy notice. But many others are unseen, such as staff training, internal policies and other documents, or ongoing monitoring. Always ensure that what you display publicly is matched by your practices behind the scenes. Master the modern data exchange Selling and sharing personal information touches everything from marketing and product design to customer service and executive decision-making. That’s why successful privacy programs aren’t reactive. They’re proactive, process-driven, and built on knowledge, communication, and control. To thrive in today’s privacy-first landscape, you must: Know your legal obligations across every relevant jurisdiction. Inventory your data and understand how it flows. Communicate transparently with customers and regulators alike. Operationalize your opt-outs and rights mechanisms with precision. Yes, the rules are evolving. But so are the tools, frameworks, and best practices to help you manage it. And when you get it right, you don’t just avoid fines—you earn customer trust, boost your brand, and position privacy as a competitive advantage. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Selling and Sharing: Privacy Rules You Can’t Ignore Watch all the videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #14 Building a Privacy Approved Vendor Management Program. Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Data Inventories, Mapping, and Records of Process Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundation of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/contracts-that-count-data-processing-agreement/ TITLE: Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement | TrustArc TYPE: resource --- , the Data Processing Agreement (DPA) is more than just paperwork. It’s the foundation of trust between data controllers and processors. It defines how personal data is handled, protected, and safeguarded from risk. Whether you’re overseeing a global compliance program or managing third-party risk for your organization, understanding the most negotiated provisions in a DPA is essential. These terms don’t just impact legal exposure; they influence operational efficiency, business resilience, and regulatory alignment. In an era when data is both an asset and a liability, knowing how to negotiate a DPA confidently is critical. Let’s walk through the 10 most debated and impactful sections of a DPA so you can approach your next negotiation with clarity and conviction. 1. Scoping: Define the data game plan Every DPA begins with a scoping exercise, and it’s one of the most revisited parts of the negotiation. Why? Because it frames the entire agreement. Are you dealing with employee data, consumer financials, or health information? The sensitivity level determines downstream obligations. A processor handling millions of records has a drastically different risk profile than one supporting a handful of service tickets. Is the data being stored passively, or actively analyzed and enriched? Relationship of the parties: Are you operating in a controller–processor structure, or as joint controllers? This defines who is responsible and liable for what. When the scope is vague, risk thrives. When the scope is clear, responsibilities are aligned. 2. Limitations on use: Draw clear boundaries Article 28(3), processors may only act on documented instructions from the controller. That sounds simple until future use cases, like analytics or AI training, enter the conversation. Typical negotiation questions include: Can data be repurposed for machine learning or benchmarking? Should the DPA include room for evolving business models? Will overly narrow terms stifle innovation, or will vague terms invite misuse? The goal is to strike a practical balance of enough specificity to ensure legal compliance, with enough flexibility to accommodate legitimate business growth. 3. Subprocessors: Managing the vendor chain Subprocessing introduces new layers of risk. Under Article 28(2), controllers must authorize subprocessors before data changes hands. Three areas tend to drive negotiations: Specific vs. general authorization: Should every new subprocessor require approval, or is notice and objection sufficient? If a controller pushes back, does it trigger a timeline for resolution or termination rights? Transparency and reporting: Will there be ongoing visibility into subprocessor lists and activities? Subprocessor clauses are increasingly scrutinized as organizations strengthen their . Controllers want assurance that their data won’t be passed down the line without oversight. 4. Security incident notification: Set realistic timelines The GDPR requires that processors notify controllers of a breach “without undue delay,” but that phrase leaves too much room for interpretation. Controllers typically push for defined timelines such as 24 or 48 hours. Processors, however, may resist due to internal limitations or dependencies on upstream vendors. Other common areas of negotiation include: What qualifies as a notifiable incident? Do attempted breaches or outages count? Will the processor offer regular updates or just a single notification? Precise language here helps ensure that the controller isn’t left in the dark during critical moments. 5. Security incident remediation: Who does what and when? After a breach is reported, what happens next? This section addresses the collaborative response between the controller and the processor. Remediation expectations: What actions must the processor take, and are they clearly outlined? Does the controller have a say in the response strategy? Who are the designated contacts on both sides? The DPA should provide structure, not confusion, in moments of crisis. Timely, well-documented remediation protects both parties from compounding the damage. 6. Audit rights: Trust, but verify Article 28(3)(h) gives controllers the right to audit processors, but that right is frequently narrowed in negotiation due to concerns over cost, burden, and confidentiality. Discussion points typically include: Use of third-party certifications: report satisfy audit requirements? Who covers expenses for on-site audits? Frequency and scheduling: Are audits limited to once per year? How much advance notice is required? Confidentiality obligations: How is proprietary information protected during the audit process? A well-crafted audit clause balances transparency with practicality, ensuring accountability without unnecessary disruption. 7. Indemnity and limitation of liability: Navigating legal exposure Controllers often want strong indemnity language for breaches, noncompliance, and third-party claims. Processors, understandably, push back with limitation of liability clauses. Points of friction often include: Whether indemnity applies only to violations of the DPA or extends to broader regulatory noncompliance. Whether caps are tied to contract value, annual fees, or another metric. Whether certain types of liability (like gross negligence or willful misconduct) should be excluded from the cap. This provision is often one of the last and toughest to resolve. The stakes are high, and both sides need to be aligned on how much risk they’re willing to bear. 8. Standard Contractual Clauses (SCCs): Cross-border clarity With data flowing across borders, are essential tools to safeguard personal data in jurisdictions without an adequacy decision. Negotiation areas include: Should the parties include discretionary terms from the SCCs? How detailed should the documentation be? Too much information may feel risky; too little invites regulator scrutiny. Technical and organizational measures (TOMs): Are they mirrored from the main DPA? Should they be more prescriptive? post-Schrems II environment , correctly implementing SCCs is not just best practice—it’s table stakes. 9. Data Subject Access Requests (DSARs): Define the division of labor Article 28(3)(e) requires processors to assist controllers in fulfilling . That requirement is often interpreted differently on both sides. Negotiation often centers around: : Under GDPR, controllers have one month. They may ask processors for turnaround in days, not weeks. : Is the processor providing raw data only? What about redactions, formatting, or identity verification? Controllers want meaningful support, and processors want to avoid becoming the controller’s privacy team. Clearly defined responsibilities reduce friction and ensure compliance. 10. Technical and Organizational Measures (TOMs): The foundation of trust TOMs serve as the security blueprint for data protection and are mandatory under both Articles 28 and 32 of the GDPR. Issues typically debated: —the controller’s, the processor’s, or a hybrid approach? How much detail is included? Controllers often want specifics, while processors may prefer high-level language to maintain operational flexibility. , or standardized across all customers? This section should inspire confidence. When security practices are clearly articulated and tailored to risk, both parties benefit from greater clarity and shared expectations. Privacy contracting is a strategic advantage Data Processing Agreements are often treated like routine documentation, but they’re anything but. Every DPA is a strategic document that allocates legal risk, defines operational accountability, and serves as a compliance safeguard in an increasingly complex regulatory landscape. Privacy professionals who understand how to negotiate the most important provisions—scope, use limitations, subprocessing, security, audit rights, liability, SCCs, DSARs, and TOMs—aren’t just managing risk. They’re driving business resilience and enabling data innovation with confidence. The urgency is real. Regulatory pressure is rising, and enforcement is intensifying. Organizations that overlook the DPA until something goes wrong may find themselves exposed at exactly the wrong time. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Decoding Data Processing Agreements (DPAs) Watch all the videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #13 Sell, Share, or Beware: Selling and Sharing Personal Information. Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Data Inventories, Mapping, and Records of Process Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundation of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/assess-the-risk-before-it-hits/ TITLE: Assess the Risk, Before It Hits | TrustArc TYPE: resource --- In today’s digital landscape, managing personal data carries significant responsibility. The introduction of new systems, projects, or technologies, as well as modifications to existing processes like integrating AI, can create privacy vulnerabilities. are crucial tools for early identification and mitigation of these risks throughout the process of product, system, or service design, development, and implementation. Think of privacy risk assessments as essential risk mitigation tools. They help you identify, evaluate, and manage privacy risks associated with processing personal data. This applies to everything from launching a new app to updating your customer relationship management system. There isn’t a one-size-fits-all approach around what type of assessment to do when. Businesses have different tolerances for risk and their approach for managing it. Different situations call for different types of assessments. There are five different types of privacy risk assessments conducted. Privacy risk assessment types Privacy Impact Assessment (PIA) A PIA, sometimes referred to as a Data Protection Assessment (DPA) in the US, is required under some US state Consumer Privacy laws ( ) for data processing activities with heightened risk of harm to individuals. PIAs are designed to determine how a program or service may affect an individual’s privacy and consider potential harms to individual’s rights and privacy from known risks. Data Protection Impact Assessment (DPIA) , DPIAs are legally required when data processing is likely to pose a high risk to individuals’ rights and freedoms. High-risk processing activities often include: evaluation or scoring, automated decision-making with legal effects, systematic monitoring, and processing at a large scale. Many EU countries have blacklists and whitelists indicating when a DPIA is necessary. In many ways, a PIA and a DPIA are similar; both help identify potential personal data processing risks within a business. The DPIA is conducted when there is a high risk and specifically focuses on determining if individuals’ rights and freedoms are at risk, whereas a PIA can be used for a wider range of projects. Some companies may choose to conduct a risk assessment for certain types of data processing activities or whenever new technology is being developed. Privacy Threshold Assessment A Privacy Threshold Assessment determines whether a deeper assessment, like a PIA or DPIA, is necessary. The information gathered, such as data types, processing purpose, impacted individuals, and data volume, mirrors what’s in your Record of Processing Activity (ROPA) . You can use your ROPA to identify if a more in-depth assessment is needed. Legitimate Interest Assessment (LIA) A LIA is essential when “legitimate interest” is the lawful basis for processing personal information. It determines if such processing is lawful and if business needs outweigh individual privacy rights. The UK ICO recommends a 3-step process: the purpose test, the necessity test, and the balancing test. Examples of legitimate interests include client relationships, fraud prevention, network security, and indicating potential criminal acts. Transfer Impact Assessment (TIA) transferring personal information outside your jurisdiction , a TIA is necessary. The TIA is conducted before transferring information outside the controller’s jurisdiction to evaluate the safeguards in place in the recipient country and ensure there is a level of protection comparable to the transferring country. Benefits of conducting privacy risk assessments Conducting privacy risk assessments requires an investment of time, money, and resources to complete, review, and mitigate identified risks. However, the benefits for businesses are significant: Meets the requirements of applicable privacy laws. Implementing privacy by design: Embeds privacy into processing activities, reducing risk from the outset and lowering the cost and necessity of future fixes. Pinpoints potential risks to personal information early on. Allows forthe timely implementation of strategies to reduce or eliminate risks, thereby reducing business costs. Provides a clear understanding of data flows, systems, and vendors. Considerations for effective privacy risk assessments To maximize the effectiveness of your privacy assessments, keep the following in mind: Tailor your assessment design to the nature, scope, context, and purposes of data processing, while also adhering to regulatory requirements. Conduct assessments proactively before processing begins, on a regular basis, and whenever changes occur in your risk profile. Assessment prioritization: Leverage data from your ROPAs to pinpoint data processing activities that could significantly impact individuals. Prioritize assessments for these high-impact activities. Utilize the findings from your assessments to guide and inform your risk mitigation strategies. Document your findings comprehensively in a report to demonstrate the actions taken and ensure accountability. Maintain meticulous records of all conducted assessments. Periodically validate your assessments, particularly for higher-risk data processing activities. Since an assessment is a snapshot in time, ensure that data protection measures remain consistently in place, especially for high-risk processing. By understanding and implementing privacy assessments, you can proactively manage privacy risks, build trust with your stakeholders, and ensure compliance in an increasingly data-driven world. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. From Risk to Reason: Impact Assessments Explained Watch all the videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement. Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Data Inventories, Mapping, and Records of Process Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundation of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/eu-google-certified-consent-manager-platform/ TITLE: EU Google Consent Changes: Meet Requirements with TrustArc’s Google-certified Consent Manager Platform | TrustArc TYPE: resource --- Google is introducing significant changes to the way its advertising and analytics products operate across EEA and UK markets. Utilizing a Google CMP (Consent Manager Platform) partner ensures best practices are followed to maintain functionality. Starting March 2024, Google’s “EU Consent Mode V2” is mandatory for certain Google products ensuring users’ consents are collected before being able to utilize certain functionality in Google’s products. What’s the history of Google Consent Mode V1 and V2? The EU Google Consent Mode V1 was optional and was first introduced in 2015 to improve compliance with data privacy laws for advertising purposes. It included a revision of how Google tracks and optimizes data for programmatic advertising strategies. The EU Google Consent Mode V2 is now for tracking and using a Google-certified Consent Management Platform (CMP) ensures that your experience follows best practices. Google tracking takes place only when consent has been given via the enabled Google Consent Mode consent manager experience. It is important to ensure that the configurations and implementations of your consent experience are accurate with your Google Tag Manager. TrustArc’s knowledgeable and highly skilled Technical Account Management team can ensure that your TrustArc Google Consent Mode experience is correctly configured and functioning as intended for compliance and optimal advertising experience. How does Google Consent Mode work? Google Consent Mode can be deployed on a site in one of two methods – a Basic or Advanced deployment. With a Basic deployment, Google Tags are not fired until the user opts in. With an Advanced deployment, Google Tags continuously fires cookieless pings until consent is given. You can learn more in Google’s documentation Who is impacted by the mandatory EU Google Consent Mode V2 requirement? Organizations deploying cookies or trackers for behavioral or targeted ad marketing/ remarketing in Europe should pay attention! This impacts organizations using Google tools: all Google Ad Services (Ad Mob, Ad Serve, Ad Manager), Google Analytics, and Google Tag Manager. Organizations not using Google Consent Mode V2 will experience measurement loss affecting marketing campaigns. Impacting all your advertising activities, campaign optimization, and conversion metrics. Google has made an important change to its advertising tools, including Google Ads. The Consent Mode will become mandatory for all users starting from March 2024. Companies utilizing Google Ads will need to implement Google Consent Mode to avoid the blocking of personalized ads such as remarketing. In the future, Google plans to block conversion tracking as well for those who don’t comply. What are the benefits of using a Google Consent Manager Platform (CMP) partner? You can rest assured that you provide the best advertising experience while meeting all technical requirements with Google. Save time with codeless implementation, and know that your CMP partner is continuously upgrading integrations to Google’s latest standards. As a certified Google CMP Partner, TrustArc provides a dedicated support path for Google Consent Mode and certification-related inquiries. This includes: A specialized support email that you can use for any issue related to Google Consent Mode v2, or integration verification. An option to directly contact Google’s CMP Support Team by copying . With client approval, TrustArc can engage directly with Google for complex issues or certification blockers. TrustArc offers the following response time commitments for all issues related to Google Consent Mode: Premium / Enterprise Clients – within 1 business day (24 hours) Standard Clients – within 2 business days (48 hours) Creating a banner that meets Google’s banner requirements TrustArc offers an out-of-the-box consent banner designed to comply with Google’s Consent Mode requirements. Implementing this banner correctly ensures that you meet Google’s policies for using their advertising and measurement products, such as Google Ads, Google Analytics, and Floodlight. This banner automatically includes a link to the Google Privacy Policy if you designate all Google Core Platform Services (CPSs) for data reception. If you intend to designate only a subset of Google CPSs, consult your Technical Account Manager to include a document link in your banner that discloses the specified Google CPSs. For specific customizations or to support advertisers designating all Google CPSs, collaborate with your Technical Account Manager or our support team to add this link to your Cookie Banner. If you intend to designate only a subset of Google CPSs, consult your Technical Account Manager to include a document link in your banner that discloses the specified Google CPSs. Sample Banner with Google Privacy Policy link: For more information, refer to our helpdesk information ==================================================================================================== URL: https://trustarc.com/resource/data-inventory-classification/ TITLE: Data Classification for Privacy Pros | TrustArc TYPE: resource --- Your Data Inventory, Classified You mapped the data. Now it’s time to manage the risk. A data inventory tells you what personal data you have and where it lives, but that’s just the beginning. Without classifying that data by sensitivity and risk level, you’re flying blind regarding protection, compliance, and prioritization. That’s where this infographic comes in. It’s your next-level guide to turning static data maps into dynamic, privacy-aligned risk tools. Learn how to: Apply data classification using four privacy-centric tiers Collaborate with InfoSec for unified data protection strategies Build a classification table from your ROPA Prioritize what matters most for security, compliance, and spend Perfect for privacy, security, and governance teams alike, this resource helps you evolve from “We know what we’ve got” to “We know what to do with it.” and power up your data strategy—because smart classification means smarter protection. ==================================================================================================== URL: https://trustarc.com/resource/incident-incoming-now-what/ TITLE: Incident Incoming–Now What? | TrustArc TYPE: resource --- If data privacy had a disaster movie, would be the all-star hero team suiting up in the first act—ready to triage, contain, and clean up the digital fallout before the final credits roll. But behind the headlines of breaches and billion-dollar fines are real professionals (privacy, legal, compliance, and security pros) grinding in high-pressure moments, managing chaos with cool heads, and helping their organizations recover and rebuild. This article is your practical walkthrough of how to prepare for and respond to privacy incidents before you’re starring in a breach story of your own. Not every privacy incident is a data breach Here’s where we start strong: not every incident is a breach. Let that sink in. Just because something feels urgent doesn’t mean it triggers regulatory reporting. Still, every incident deserves serious attention, and systematic investigation and escalation. may threaten confidentiality, integrity, or availability of systems or data. Think of it like a digital fire alarm. But a usually means someone accessed or disclosed personal or confidential data they shouldn’t have. To determine if an incident is a breach? Investigation. Examples that spark investigations: An employee emails a sensitive file to the wrong contact. Your third-party vendor’s system gets compromised. Internal documents are accidentally exposed via misconfigured file sharing. A laptop with unencrypted customer data is stolen. A ransomware attack hits (whether successful or not). should cover scenarios like these. If you don’t have one yet, don’t panic, read on. This article will help you understand the essential components and considerations that belong in an effective plan. Key questions to start your privacy incident response Like the disaster in our disaster movie, incidents can happen at the most inopportune time–by showing up on long weekends, during board meetings, or right as you’re logging off on a Friday. When an incident occurs, start by asking these essential questions: What data or systems are involved? Has it been contained, or is there still an active threat? If your incident response plan uses a risk categorization model (e.g., “P1” for high priority), these questions will help determine the incident level. But hold off on conclusions. Categorization frameworks like NIST SP 800-61 help bring order to the chaos. Whether you follow Revision 2’s four-phase lifecycle or Revision 3’s six functions , structure beats guesswork every time. How to assess the impact of a privacy incident After an incident has been identified, it’s time to scope the blast radius—a metaphorical measure of how far the damage might spread. (Customers? Employees? Vendors?) (Names? SSNs? Medical info? Bank details?) (Structured systems or unstructured files?) How many records are affected? (Legal? Reputational? Harm to individuals?) The deeper your understanding, the better you can guide your response and meet your legal and contractual duties. Legal and regulatory requirements for privacy incidents Regulatory obligations vary wildly depending on jurisdiction, industry, and data type. And you’re not just answering to regulators, your contracts matter too. : All 50 have breach notification laws. Most give you some leeway, but a few require swift action. : Requires notification to data protection authorities within 72 hours of awareness if there’s likely risk to individuals. : “Without unreasonable delay,” no later than 60 days. : May have stricter timeframes and could require notice timeframes as short as 24 hours. Know your timelines. Know your contracts. If you’re a processor or service provider, you may also have to inform your customers first, who then determine how and when to notify end users. How to coordinate privacy incident response across teams Say it with us: Incident response is not a solo sport. to advise on liability and communications to investigate and contain threats or product if software systems are involved if the issue touches customers or brand trust if employee data is affected to make strategic decisions Also, involve counsel early, especially when forensic investigations or law enforcement are involved. And don’t forget cyber insurance. Some policies require notification within hours to stay covered. Be mindful of communications. Minimize email threads. Assume everything may be reviewed later. Understand attorney-client privilege and what could become discoverable. Document just enough and share only what’s necessary. When to notify regulators and individuals after a data breach If you determine the incident is a , the countdown begins. Triggers may include: Regulatory thresholds (e.g., GDPR’s “likely risk” to individuals) Ethical considerations or optics Some jurisdictions specify required content and delivery formats. Be clear, factual, and empathetic. like call centers or credit monitoring if needed. to each audience—regulators, impacted individuals, business partners, and the public. Remember: Your message is a reflection of your brand. Own the moment with poise and transparency. Post-incident reviews: How to strengthen your privacy program The incident’s resolved. Everyone’s exhausted. But the job isn’t done yet. Do a post-incident review. What was done, when, and why What went well and what didn’t Detection-to-resolution time Number of records impacted Feed these insights back into your incident response plan, run new tabletop exercises , and revise training. Think of it like a post-credit scene setting you up for a better sequel. Why a privacy incident response plan is essential An incident response plan isn’t just a box to check. It’s your battle plan, your lifeline, and the tool you’ll rely on when everything else goes offline. A strong incident response plan should include: Response team members and their roles Categorization and triage process Escalation paths and notification triggers Documentation and communication templates Playbooks for different incident types Legal and regulatory reference points Periodic testing (at least annually) Run tabletop exercises with privacy, legal, comms, security, and execs. Simulate ransomware attacks, accidental disclosures, or vendor breaches. See how your team performs and improve from there. Keep calm and incident-response on Privacy incidents will happen. That’s not a threat—it’s a reality. But chaos doesn’t have to become a catastrophe. With a strong privacy incident response plan in place, you shift from reactive scrambling to proactive leadership. You move from uncertainty to alignment, from risk to resilience. The real win isn’t just checking boxes or hitting notification deadlines. It’s building trust internally with your colleagues and externally with your customers, partners, and regulators. It’s about showing that when the pressure’s on, your organization doesn’t just respond. It rises. So prep your playbook, run your drills, know your contracts, thresholds, and team, and when the next incident comes knocking at the least convenient time (and it will), you’ll be ready not just to respond but to lead. Because in the privacy profession, heroism isn’t about capes. It’s about consistency, clarity, and having the right plan in place before you need it. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Privacy Incident Response: From Panic to Prepared Watch all the videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundation of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/privacy-incident-response-playbook/ TITLE: Privacy Incident Response Playbook | TrustArc TYPE: resource --- Privacy Incident Response: From Panic to Prepared Privacy incidents are inevitable. Chaos isn’t. When every second counts, your response plan can’t be a patchwork of guesswork. This infographic is your field guide for reacting quickly, clearly, and compliantly. Inside, you’ll learn how to: Distinguish between a breach and an incident Ask the four critical questions before escalating Assess the scope and severity with confidence Navigate region-specific and contractual notification timelines Align your legal, security, and communications teams Notify the right people with the right message Conduct post-incident reviews that improve readiness The infographic also includes a readiness checklist to help you build or refine your incident response playbook so you don’t have to start from scratch when the stakes are high. to strengthen your response strategy before the next incident hits. ==================================================================================================== URL: https://trustarc.com/resource/universal-opt-out-mechanisms-uooms-opt-out-preference-signals-oops/ TITLE: Universal Opt-Out Mechanisms (UOOM) and OOPS Compliance Guide | TrustArc TYPE: resource --- The rise of the universal “no” Privacy professionals often joke that managing compliance today feels like trying to keep up with a Netflix series that drops surprise plot twists every other episode. Just when you’ve gotten comfortable with consent banners, cookie disclosures, and cross-border transfer rules, a new twist enters the script: Universal Opt-Out Mechanisms (UOOMs) Opt-Out Preference Signals (OOPS) Unlike earlier compliance requirements that relied on consumers clicking individual links or adjusting settings on a per-site basis, UOOMs and OOPS put the power back in users’ hands, allowing them to send a single signal that says, in essence, “Do not sell or share my data. Do not target me with ads. Do not profile me.” Instead of repeating their preferences across dozens (or hundreds) of sites, consumers can now broadcast their choices once and expect businesses everywhere to honor them. For compliance leaders, this isn’t a niche issue. It’s a tectonic shift in how , and consumer trust are managed. Honoring these signals isn’t simply about avoiding fines. It’s about demonstrating that your organization respects autonomy in a digital environment where most people feel they’ve lost control. This article explores what UOOMs and OOPS mean, why they matter, which laws require them, and how global organizations can navigate the complexity. What is a universal opt-out mechanism? are digital signals that automatically express a consumer’s decision to opt out of data sales, targeted advertising, or profiling as they move across the internet. Opt-Out Preference Signals , but the concept is similar. Rather than forcing consumers to submit individual requests, these signals let them set their privacy preferences once and carry them across websites and platforms. How opt-out preference signals work When a consumer enables an OOPS, typically through a browser setting or extension, it automatically sends a real-time signal to the websites they visit. Under laws like the California Consumer Privacy Act (CCPA) , businesses must treat that signal as a valid opt-out request. And the obligation doesn’t stop at the browser: companies must extend the opt-out to the device, any associated pseudonymous profiles, and, if the consumer is logged in, their entire account. The Global Privacy Control The most prominent example today is the Global Privacy Control (GPC) , which regulators in California and Colorado recognize as a valid UOOM. GPC has become the test case for how these signals work in practice, forcing companies to reconcile user preferences across web sessions, loyalty programs, and even consent frameworks. We’ve explored GPC’s implications in depth elsewhere. For example, one article examines how GPC interacts with known user consent and the operational challenges that it creates. While another looks at its effect on financial incentive programs, such as loyalty discounts . And a broader primer provides a comprehensive overview of the GPC standard itself and its adoption trajectory. Taken together, these resources show that GPC isn’t just a theoretical signal. It’s already shaping compliance strategies in measurable ways. Why UOOMs matter for privacy today The rationale behind UOOMs is clear: traditional notice-and-choice frameworks don’t scale. Asking consumers to read every privacy policy and toggle every cookie banner is unrealistic and, frankly, exhausting. Professor Woodrow Hartzog captured this problem in Senate testimony when he described consumers as being buried under a “dizzying array of switches, delete buttons, and privacy settings”. UOOMs offer a reset. They reduce friction, empower individuals, and create a more predictable baseline for privacy rights. For businesses, this is an opportunity to streamline consumer interactions and demonstrate that privacy protections aren’t hidden behind U.S. privacy laws requiring UOOM and OOPS recognition UOOMs and OOPS are no longer theoretical. They are mandated in several states. California CCPA and opt-out signals California requires businesses to process valid OOPS as binding opt-out requests. If a consumer enables a recognized signal like GPC, the business must stop selling or sharing their personal information, even if that conflicts with previous consent. Businesses must also provide transparent notice and give consumers the opportunity to reconfirm their preferences. That process can be complex and may vary across jurisdictions, making it essential for organizations to have systems in place that can manage conflicts consistently. In 2022, for failing to honor such signals, a case that sent shockwaves across industries. Colorado Privacy Act universal opt-out mechanism requirements Since July 2024, controllers under the Colorado Privacy Act (CPA) must recognize UOOMs. The Colorado Attorney General approved GPC as an official mechanism, cementing its role as the baseline for compliance. Other state laws: Connecticut, Texas, Oregon, Montana, Delaware, New Jersey Each of these states has UOOM requirements phasing in between 2025 and 2026. The details differ; some apply narrowly to targeted advertising, others extend to broader profiling, but the trend is consistent: signals are becoming mandatory. Meanwhile, other states such as Virginia, Utah, Iowa, and Indiana have chosen not to include UOOM mandates— . With more states adding requirements and consumers demanding frictionless controls, UOOMs are quickly moving from a patchwork obligation to what amounts to a de facto nationwide standard. Global context for opt-out signals Globally, UOOMs don’t yet exist as legal requirements, but the themes are familiar: European Union and United Kingdom and the ePrivacy Directive focus on explicit opt-in consent for non-essential cookies and profiling, but the underlying principle—simplifying consumer choice—is aligned with the rationale behind UOOMs. ), and Australia’s Privacy Act : Each allows opt-outs in certain contexts, such as direct marketing, provided mechanisms are clear and accessible. Asia-Pacific jurisdictions : Countries like Japan and Singapore emphasize consent, but regulators are watching international opt-out models closely. The challenge for multinational organizations is interoperability. A UOOM signal sent in New York may follow a consumer onto a European site, but unlike in the U.S., frameworks such as the GDPR or the ePrivacy Directive do not currently require recognition of these signals. This creates a legal tension: should companies honor signals globally, or only in jurisdictions where laws mandate it? Businesses must carefully navigate these differences to avoid over-compliance, which could limit legitimate data uses, or under-compliance, which risks regulatory action. At the same time, the potential for consumer confusion and reputational backlash often outweighs a strict “letter of the law” approach, pushing many organizations toward broader recognition of signals than strictly required. Why UOOM compliance is complex for global companies If this all sounds messy, that’s because it is. Compliance with UOOMs is challenging not only because of the technical requirements but also because of the fragmented legal environment. Each jurisdiction defines “opt out” differently. In California, it includes both the sale of and cross-context behavioral advertising. In Colorado, it extends to targeted advertising and profiling. Connecticut, Oregon, and Texas each add their own twists. This patchwork makes it nearly impossible to build a single, one-size-fits-all solution without either under-complying (and risking penalties) or over-complying (and needlessly restricting legitimate data uses). Beyond the laws themselves, the operational complexity is enormous . UOOMs aren’t just a privacy team problem. They touch every corner of the enterprise: IT must configure systems to detect and process signals, marketing must reengineer targeting strategies, product teams must adapt user experiences, and compliance officers must monitor and document everything. Without automation, the process becomes a game of telephone, where one missed signal in one system can unravel compliance across the board. And then there’s scale. For a global company serving millions of users across multiple jurisdictions, UOOM compliance is not a matter of updating a single setting. It requires synchronized system updates, reliable data flows between business units, and the ability to enforce choices across dozens, sometimes hundreds, of vendors. In practice, that means automation isn’t just convenient; it’s the only way to prevent compliance collapse. Technical requirements for privacy opt-out signals From a technical standpoint, UOOMs may appear straightforward, but the devil is very much in the details. These signals are transmitted via HTTP headers or JavaScript objects. Once received, businesses must not only capture the signal but also process it correctly, consistently, and at scale. That involves several interlocking requirements: Authentication and residency verification : Some state laws allow or encourage businesses to confirm that a consumer resides in-state before applying the opt-out. For example, Colorado’s CPA explicitly permits controllers to authenticate residency, but does not mandate it. This flexibility is essential because authentication processes must balance compliance needs with the risk of over-collecting personal data. Other jurisdictions may not require authentication at all, which means companies need tailored approaches depending on where their users are located. Propagation across systems : It’s not enough to flip a switch in one database. UOOMs must cascade across adtech platforms, customer relationship management systems, , and data brokers. If one partner in the chain fails to honor the signal, the business remains exposed. : Signals often collide with prior consent or consumer participation in loyalty programs. The California Privacy Protection Agency requires that businesses honor the OOPS signal even when it contradicts earlier consent, while giving consumers transparent notice and the ability to reconfirm preferences. Designing systems that resolve these conflicts without introducing dark patterns is a technical and ethical minefield. : Regulators expect companies to demonstrate compliance, which means logging each signal, recording how it was processed, and proving that downstream vendors applied the same opt-out. At scale, this is impossible without automated reporting and monitoring systems. Taken together, these requirements reveal why privacy compliance automation is not optional . Manual tracking is prone to human error, inconsistency, and regulatory risk. Automated platforms can detect signals in real time, propagate them through integrated systems, reconcile conflicts transparently, and maintain auditable logs that regulators will accept as proof of compliance. For privacy and compliance leaders, the mandate is clear: building a scalable UOOM solution requires not just legal interpretation but also , where automation becomes the backbone of compliance. UOOM compliance checklist for businesses To bring clarity to complexity, here’s a high-level framework for global companies: Map where your consumers reside and which laws apply. Update governance policies to document how signals will be handled. Implement technical recognition systems, integrated with consent tools. Extend opt-out application to downstream vendors and data partners. Train employees and vendors on UOOM and OOPS obligations. Audit and test regularly to ensure signals are honored consistently. This checklist is a blueprint for maintaining consumer trust Enforcement and risk of ignoring UOOMs California’s enforcement against Sephora proved regulators mean business. Failure to honor opt-out signals is now treated as a violation of consumer rights, not a minor oversight. The risks extend beyond fines: Legal penalties from state attorneys general. Costly remediation under regulatory scrutiny. Consumer backlash, with reputational damage often outweighing financial penalties. For global companies, ignoring signals is not only unlawful in certain states but also short-sighted. In a world where consumers increasingly expect frictionless privacy, inaction can tarnish a brand faster than any penalty. The future of opt-out signals Where is all this heading? A few trends are worth watching: from groups like the W3C could unify how signals are defined and transmitted, reducing today’s fragmentation. As artificial intelligence and automated decision-making proliferate, consumers may demand signals that cover not just advertising but also algorithmic profiling and biometric data. : While uncertain, the possibility of a national privacy law could formalize opt-out signals across all states. : Even jurisdictions that emphasize opt-in consent may consider adopting standardized opt-out signals for interoperability. In short, UOOMs and OOPS are an early glimpse of the next generation of consumer privacy controls. TrustArc Solutions for UOOM and OOPS Compliance Meeting the complex requirements of UOOMs and OOPS doesn’t have to overwhelm your teams. TrustArc delivers tools that automate recognition, application, and reporting of opt-out signals across systems, vendors, and jurisdictions—helping global enterprises stay compliant while building consumer trust. : Automatically detects and honors GPC and other opt-out signals. It combines auto-scanning, auto-categorization, and auto-blocking of cookies and trackers with jurisdiction-based consent banners to recognize UOOMs, handle financial incentive notices, and avoid dark patterns or manual rework. Individual Rights Manager : Centralizes and automates opt-out and data subject request (DSR) workflows across 240+ jurisdictions. Individual Rights Manager provides jurisdiction-specific workflow automation, secure request verification, dynamic request routing, and more to ensure OOPS requests are verified, tracked, and fulfilled on time. Consent & Preference Manager : Extends compliance beyond cookies by harmonizing first-party consent and preference signals across marketing and business systems. Consent & Preference Manager ensures user opt-outs and GPC preferences are respected enterprise-wide, even when interacting with loyalty programs or personalization engines. Data Mapping & Risk Manager : provides end-to-end visibility into where personal data is stored, processed, and transmitted across systems, vendors, and business processes. By mapping these data flows and automating risk scoring, privacy teams are equipped to identify which systems must honor UOOM/OOPS preferences and connect that context to downstream tools, ensuring those signals are enforced consistently. Together, these solutions turn fragmented compliance efforts into a unified, automated workflow. Instead of scrambling to interpret overlapping laws and manage signals manually, privacy leaders can implement TrustArc solutions to detect, process, and honor opt-out signals at scale while reducing risk, lowering operational costs, and proving trust to regulators and consumers alike. From burden to brand advantage Universal Opt-Out Mechanisms and Opt-Out Preference Signals may feel like one more burden in an already complex privacy landscape. But businesses that treat them as an opportunity instead of an obligation stand to gain. Think of UOOMs the way consumers think of one-click checkout: effortless, efficient, and empowering. Honoring privacy choices at scale shows your company values individuals’ autonomy, respects their time, and anticipates their expectations. And when you do, you’re not just meeting the letter of the law, you’re earning the kind of trust competitors can’t copy. In a digital economy where trust is currency, companies that invest in honoring the universal “no” will be the ones that hear a far more valuable word from consumers: “yes.” Smarter Consent. Stronger Signals. Detect and honor GPC, UOOMs, and OOPS automatically. Deliver clear, compliant consent banners that adapt to regional laws—no dark patterns, no manual rework. Opt-Outs, Automated with Ease. Centralize and automate opt-out requests and DSRs across 240+ jurisdictions. Reduce risk, prove compliance, and keep customer trust intact without slowing your teams down. ==================================================================================================== URL: https://trustarc.com/resource/cookie-consent-consumer-trust-avoid-dark-patterns/ TITLE: Cookie Consent and Consumer Trust: Avoid Dark Patterns | TrustArc TYPE: resource --- Trust is the invisible currency of today’s digital economy. It doesn’t appear on a balance sheet, yet it dictates whether consumers click “accept,” engage with your brand, or disappear into the arms of a competitor. Privacy professionals know compliance is mandatory, but consumers measure something deeper: whether businesses handle personal data with clarity, respect, and accountability. highlights a truth many companies overlook: consent isn’t just about compliance. It’s the foundation of consumer trust. And if businesses fail to recognize that, regulators and customers are quick to remind them. What consumer trust really means Consumer trust in the privacy context isn’t abstract. It’s the confidence that companies are managing personal data fairly and transparently. When consumers see confusing cookie banners, manipulative dark patterns, or unhonored opt-outs, that confidence evaporates. TrustArc’s consumer privacy survey 75% of people know their personal data is being sold without explicit consent . Even more telling, a majority actively take action to protect themselves—adjusting privacy settings, opting out of data sharing, or deploying ad blockers. This isn’t a passive audience; it’s an engaged one. For businesses, that means trust is no longer built on the promise of compliance alone. It’s earned through visible, respectful practices that show consumers their choices matter. Accountability: Compliance is table stakes, consistency is king Businesses often point to privacy policies, vendor contracts, or audits as proof of accountability. But accountability isn’t just about having the correct documentation; it’s about consistently applying those policies in practice. Survey Series: Reflecting Consumer and Professional Views on Privacy 70 percent of professionals said they require vendors to provide proof of consumer consent . But fewer than half of businesses said they actually audit those claims. And nearly a third admitted that their consumer notification policies aren’t consistently followed. This disconnect is where trust frays. International Association of Privacy Professionals (IAPP) emphasizes , means being able to demonstrate compliance. It’s the ability to show regulators, partners, and consumers that privacy promises aren’t just written, they’re lived. And that accountability extends across the supply chain. As the TrustArc Global Privacy Benchmarks Report , organizations that integrate supply chain privacy assessments and vendor oversight score significantly higher in global privacy benchmarks. Why? Because they’re proving that consent is more than a surface-level exercise and it extends into their entire data ecosystem. Cookie banners may seem mundane, but to regulators, they’re the front line of data protection enforcement. The European Data Protection Board consent must be informed, freely given, and specific takes a similar stance, explicitly prohibiting the use of (interfaces that subvert or impair user choice). What does this mean in practice? Regulators expect: : Users should understand what data is collected and why. : “Accept” and “Reject” presented with equal visibility. : Consent must be as easy to withdraw as it is to give. Companies that cut corners—hiding “reject all” in small gray text or continuing to drop cookies after opt-out—are risking fines and trust. With increasing regulations and enforcement actions on cookies, trackers, and ad tech, ensuring your consent experience is both compliant and consumer-friendly has never been more critical. helps you manage global cookie and tracker compliance with minimal effort so you can maximize opt-ins, fuel customer trust, and stay ahead of evolving laws. today to see how you can simplify compliance while protecting your brand. Missteps at the user interface One area of concern is the persistence of “cookie walls,” where access to a site or service is blocked unless the user consents. In Europe, regulators generally view cookie walls as coercive and incompatible with freely given consent ( see EDPB Guidelines 05/2020 ). However, some DPAs allow limited “pay-or-ok” models subject to strict conditions. In the U.S., there’s no federal prohibition, and legality can depend on state-specific laws and interpretations, underscoring the need for jurisdiction-by-jurisdiction analysis. Another frequent mistake is the miscategorization of cookies and trackers . Non-essential tools such as marketing pixels, behavioral analytics, or retargeting technologies are often mislabeled as “strictly necessary.” While this may seem like a way to streamline data collection, regulators consistently take the view that misclassification undermines valid consent. When consumers think they’ve declined optional tracking, but those technologies continue to run in the background, the result is a breach of trust and noncompliance. remain a perennial issue. Button placement, font color, or preselected choices that push users toward “accept all” may look harmless, but they’re the comic book villains of consent design—chipping away at trust with every deceptive click. Regulators have signaled repeatedly that these tactics won’t stand up under scrutiny. CPPA’s recent $632,500 enforcement against Honda proves the point: the agency found Honda’s cookie banner violated CCPA because it took two clicks to reject advertising cookies but only one click to accept them. That imbalance was treated as a manipulative interface, reinforcing that under California law, the “equal effort” principle is a legal requirement (not just good UX). It’s worth noting, however, that this principle is not universally codified. Some U.S. state privacy laws, such as , do not explicitly address dark patterns in their statutes. This variation underscores why organizations must tailor their consent experiences to the specific legal requirements of each jurisdiction. And once people feel tricked, they don’t forget : data may be captured in the moment, but loyalty is lost in the long run. Structural and operational failures A less visible gap is the lack of contractual clarity . Too many organizations deploy consent management platforms (CMPs) without ensuring there’s an underlying contract or data processing addendum that clearly spells out how parties must operate under state, federal, or international law. When roles and responsibilities aren’t defined, accountability breaks down. is another common pain point, particularly around honoring Universal Opt-Out Mechanisms (UOOMs) or Opt-Out Preference Signals (OOPS) . In California, for example, the Global Privacy Control (GPC) signal is explicitly recognized under the CCPA as a valid opt-out mechanism. If consumers set their browser preference to “do not sell,” but the CMP ignores it, regulators in that jurisdiction see it as an outright violation. In contrast, not all jurisdictions currently mandate compliance with such signals, which makes it critical for organizations to understand where these requirements apply. adds another layer of complexity. Consent tools often need to adapt to different markets, delivering a UX tailored to local law (for example, adjusting banner design via reverse IP lookup). However, reverse IP lookup itself can introduce privacy risks and compliance challenges—particularly under GDPR, where IP addresses are treated as personal data. Technical approaches like this must be carefully validated against the legal requirements of each jurisdiction. Otherwise, what looks like a solution could introduce new compliance risks. Businesses may expose themselves to unnecessary risk when that isn’t implemented correctly. discrepancy between what a privacy or cookie policy promises and what the consent tool actually does. If the policy says one thing but the banner is configured differently, the inconsistency becomes a liability. Consumers are increasingly savvy about testing whether opt-outs are respected. When they discover that preferences are ignored, whether through miscategorization, misconfiguration, or poor alignment with policy, credibility erodes quickly. Once broken, trust is far harder to regain than an initial click of acceptance. Tracker technology: Habits and hidden hazards Cookies are only one piece of the tracking puzzle. Session replays, heat maps, SDKs, and ad pixels have become common, but they raise thorny questions. Some tools capture keystrokes, mouse movements, or chat transcripts—practices that certain courts have likened to wiretapping in specific cases. However, this interpretation is not universally accepted and often depends on the circumstances and jurisdiction. Another overlooked area is the treatment of non-cookies. Many organizations manage cookie compliance but fail to extend the same diligence to pixels, tags, or other trackers coordinated through a site’s tag manager. This leaves a blind spot: the CMP may handle cookies properly, but the tag manager continues to deploy technologies outside the declared consent framework. Are we telling consumers what’s happening? Are we giving them a chance to opt out? And are we limiting collection to what’s necessary? A clear approach looks like this: Audit every cookie, tracker, and tag deployed on your sites and apps. Explain what each tool does, in plain language. Ensure your CMP and tag manager are aligned so that consent choices are universally enforced. Consumers don’t expect businesses to abandon analytics, but they do expect honesty. And in the privacy game, transparency is the true competitive advantage. For more information on how to identify, manage, and monitor trackers beyond cookies, explore the Ultimate Guide to Understanding and Managing Online Tracker Technology. Beyond cookies: Alternatives that build trust The death of third-party cookies has many marketers in panic mode. But for privacy professionals, it’s an opportunity to advocate for methods that better align with consumer trust. First-party and zero-party data : Information consumers willingly provide, like preferences or purchase history. : Targeting based on content, not behavior. Privacy-preserving technologies : Data clean rooms, anonymization, and aggregation that deliver insights without exposure. Future of Privacy Forum notes, consent fatigue is real, and privacy pros are actively asking how to avoid consent fatigue in their programs. Relying less on intrusive consent moments and more on responsible alternatives can ease user experience and strengthen trust. Consumer data rights requests: Accountability in action Consent is the opening act; fulfilling data subject requests (DSRs) is the encore. Consumer privacy laws like give individuals the right to access, correct, delete, or export their data. Failing to meet those requests on time is a compliance lapse and a broken promise. Consumers notice how organizations handle these requests. A smooth, timely process signals accountability. A confusing, delayed, or obstructive process sends the opposite message. Automation helps, but so does tone: when users exercise their rights, the response should reinforce respect, not resistance. Key takeaways for building consent and trust Treat consent as more than compliance. It’s the foundation of consumer trust and brand loyalty. Regularly review cookies, trackers, and tag managers to ensure they match both your privacy policy and regulatory expectations. Design for clarity, not coercion. Avoid dark patterns, cookie walls, or hidden opt-outs. Regulators and consumers see through them. Adapt consent tools to local laws across regions, from GDPR in Europe to CCPA in California to Make accountability visible. Back policies with contracts, audits, and consistent to show promises are lived, not just written. From compliance to confidence Consent and consumer trust are inseparable. Compliance may keep regulators at bay, but trust keeps customers engaged. And in a marketplace where switching costs are low and reputational damage spreads fast, trust is the true competitive advantage. For privacy, compliance, technology, and security professionals, the message is clear: Treat consent as the first handshake, not the final hurdle. Make accountability consistent, not conditional. Design experiences that empower, not manipulate. Do that, and compliance transforms into confidence. Consumer trust evolves from fragile to firm. And businesses don’t just win the privacy game. They win the loyalty game. Smarter Compliance. Stronger Trust. Automate consent banners, block unauthorized trackers, and stay aligned with evolving requirements across 100+ jurisdictions. Data Rights, Automated and Accountable. Eliminate the burden of manual DSR workflows. Intake, track, and fulfill requests across jurisdictions with automation built to scale. ==================================================================================================== URL: https://trustarc.com/resource/uk-data-protection-act-gdpr/ TITLE: Difference Between UK Data Protection Act 2018 & GDPR? | TrustArc TYPE: resource --- Your guide to how Data Protection Act 2018 and EU GDPR regulations are connected The UK Data Protection Act 2018 (DPA) is the UK’s domestic law that supplements and enacts the EU General Data Protection Regulation (GDPR). While the GDPR provides the core framework of data protection principles, the DPA includes specific provisions and exemptions tailored for the UK context, such as rules for national security, public authorities, and the age of consent. Most UK businesses and organizations must comply with two major data privacy regulations that came into force on May 25, 2018: EU General Data Protection Regulation (GDPR) UK Data Protection Act (DPA) 2018 The UK Data Protection Act (DPA) took effect on the same day because it is meant to be read in conjunction with the EU General Data Protection Regulation (GDPR). It’s been several years since both privacy management laws were enacted. There is still some confusion about the similarities and differences, including questions like: What does the UK DPA say about managing privacy? Did the GDPR replace the DPA in the UK? How is data privacy management handled differently in the EU GDPR compared with the UK DPA? What is DPA and what does the Data Protection Act say about managing privacy? The United Kingdom’s DPA is a domestic law originally passed in 1988 that governs how personal data and other information are managed in the UK. This data privacy regulation was updated in 1998, and then replaced on May 25, 2018, with the UK DPA 2018. The basic concepts covered in the Data Protection Act include: People have a fundamental right to privacy People have a right to find out what information about them is collected and stored by the government and other organizations Organizations that collect information must build trust by managing privacy correctly Personal data can only be collected and used for specified and explicit purposes – and those purposes must be fair, lawful and transparent Records containing personal information must be accurate and, where necessary, kept up to date – these records must not be kept for longer than is necessary Organizations must follow privacy management rules about data security, including protecting data from unlawful and/or unauthorized access, processing, loss, damage or destruction Organizations must be especially careful about how they handle sensitive personal information. Did the GDPR (Global Data Protection Regulation) replace the DPA (Data Protection Act) in the UK? The UK DPA includes stronger rules for managing privacy of people’s personal information relating to: How the ICO enforces UK GDPR and Data Protection Act Rules Information Commissioner’s Office (ICO) regulates all data protection in the UK and provides best practice rules for managing data privacy and related risks including security breaches. Monitoring compliance with all relevant data protection regulations including the UK Data Protection Act 2018 and the GDPR; Monitoring breach reports, conducting audits and advisory visits; Offering advice and guidance on protecting and managing information; Handling concerns, complaints and other inquiries; and Enforcing data privacy regulation with legal action where appropriate, including issuing fines. The ICO also cooperates with data protection authorities in other countries, including the European Data Protection Board, which includes representatives from data protection authorities in each EU member state. Did the EU General Data Protection Regulation replace the Data Protection Act in the UK? No. The EU GDPR and the UK DPA have both applied since May 25, 2018. However, after Brexit, the government and other organizations in the UK were also required to comply with the UK General Data Protection Regulation , which became law on January 1, 2021. All organizations that offer goods or services to people in Europe, or monitor the behavior of individuals in Europe must still comply with the EU GDPR. The rule changes in the were designed to put the GDPR in a UK context. The UK DPA codifies GDPR rules in UK law and includes extra requirements or exemptions to the GDPR. GDPR vs. Data Protection Act: Key Differences Explained EU General Data Protection Regulation replace the Data Protection Act in the UK? No. The EU GDPR and the UK DPA have both applied since May 25, 2018 and are mostly based on similar principles about data protection and privacy management. While the EU GDPR and the UK DPA share similar principles, there are some important differences that are often a source of confusion. Comparison: UK Data Protection Act (DPA) 2018 vs. EU General Data Protection Regulation (GDPR) UK Data Protection Act (DPA) 2018 EU General Data Protection Regulation (GDPR) National Security & Crime Includes exemptions for processing related to national security or defense purposes Allows member states wiggle room to change aspects of the legislation under Article 23 Exempts GDPR application for processing unstructured manual data by certain government bodies No specific exemptions for unstructured manual data in this context Requires organizations to keep “appropriate policy documents” for processing special categories of data Does not have a similar explicit requirement for these documents Data Subject Access Request (DSAR) Includes specific scenarios where organizations can refuse DSARs Provides clear data subject rights but with fewer explicit exceptions for refusal Minimum age of consent for data processing is 13 years old in the UK Minimum age of consent is 16 years old, unless a member state lowers it (e.g., to 13) Requires the ICO to produce codes of practice to guide organizations No similar requirement for a national body to produce specific codes of practice Better manage UK DPA and EU GDPR Compliance We know privacy management can be complex, but it doesn’t have to be hard. Here are some useful resources to help your organization comply with data privacy regulations: Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Essential Guide to the GDPR Practical steps to manage the EU General Data Protection Regulation, including a compliance roadmap for implementation. ==================================================================================================== URL: https://trustarc.com/resource/webinar-mastering-data-inventory-the-foundation-of-strong-privacy-compliance/ TITLE: Mastering Data Inventory: The Foundation of Strong Privacy Compliance TYPE: resource --- Mastering Data Inventory: The Foundation of Strong Privacy Compliance A complete, accurate, and up-to-date data inventory isn’t just a regulatory requirement — it’s the cornerstone of an effective privacy program. Yet for many organizations, building and maintaining that inventory remains a challenge, especially in complex, fast-changing data environments. Join privacy experts as they unpack: Why a robust data inventory is essential for meeting privacy obligations under laws like GDPR, CCPA/CPRA, and beyond. How to map data flows across systems, departments, and third parties. Practical strategies for overcoming common challenges like siloed systems, unstructured data, and vendor blind spots. How to use your inventory to strengthen risk management, accelerate DSAR responses, and enable privacy-by-design. Whether you’re building your first inventory or refining a mature program, you’ll walk away with actionable insights, key practices, and tips to ensure your data inventory supports compliance and drives competitive advantage across your organization. This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Global Privacy Manager, TrustArc Amanda DeLuke, CIPP/E, CIPM Senior Data Privacy Manager, Higher Logic ==================================================================================================== URL: https://trustarc.com/resource/colorado-ai-law-sb24-205-compliance-guide/ TITLE: Complying With Colorado’s AI Law: Your SB24-205 Compliance Guide | TrustArc TYPE: resource --- Effective June 30, 2026, Colorado’s Senate Bill 24-205 (SB24-205) becomes the most detailed AI-specific consumer protection law in the United States. Are you ready? Colorado’s new AI law explained: What SB24-205 means for developers and deployers Colorado SB24-205, officially titled the Consumer Protections for Artificial Intelligence Act, is a state-level AI regulation designed to safeguard consumers from algorithmic discrimination resulting from the use of high-risk AI systems. Signed into law in May 2024 , the bill places sweeping responsibilities on both developers and deployers of AI technologies that make or influence consequential decisions such as those impacting housing, lending, employment, education, or healthcare. Unlike laws that tiptoe around AI ethics, Colorado’s approach goes all in. It’s not just about disclosure; it’s about governance, risk management, accountability, and fairness baked into every stage of AI system deployment. If your organization develops or substantially modifies AI systems, or deploys them to make consequential decisions affecting Colorado residents, you’re in scope. What is Colorado’s AI law SB24-205? SB24-205 represents Colorado’s bold entry into the AI regulatory arena. It targets , specifically those that make or heavily influence what the law calls . That includes AI tools determining eligibility for jobs, loans, education, housing, insurance, and other essential services. is one that has a material legal or similarly significant effect on an individual’s life. Specifically, the law lists decisions related to: Employment or job opportunities Educational access or enrollment Housing eligibility or terms Insurance coverage or pricing Financial or lending services Essential government services These decisions are considered “consequential” because they can significantly shape an individual’s access to resources, opportunities, and protections. If your AI system makes or materially influences any of these types of decisions, it qualifies as high-risk under Colorado’s AI law and is subject to the full scope of SB24-205’s requirements. What makes Colorado’s AI law different from others? This is not just another transparency law. SB24-205 is a comprehensive governance framework that requires businesses to treat algorithmic outcomes with the same care and due diligence as any other legally regulated process. The law’s scope is defined with precision: that infer from inputs to generate outputs such as decisions, recommendations, or predictions that can materially affect individuals. It requires action from both the (the entity building or modifying the system) and the (the entity using it to make real-world decisions). It clearly defines “high-risk,” excluding systems used purely for internal procedures or narrow technical functions like antivirus software or spam filtering. Colorado’s law also aligns with evolving national and global expectations. It echoes elements of the and builds on the compliance philosophy seen in frameworks like NIST’s AI Risk Management Framework enforcement beginning on June 30, 2026 , businesses have a clear, though narrow, window to get their systems, documentation, and governance programs in order. Need help mapping your AI systems and understanding your obligations under SB24-205? Start a free trial of Nymity Research to access expert-curated legal insights and tools designed to simplify AI compliance. Who must comply with Colorado’s AI law and when? If your organization is involved in either the of AI systems in Colorado, it’s time to review your role. SB24-205 draws a bright regulatory line between two key actors: : Those who build or substantially modify AI systems. : Those who use those systems to make consequential decisions that materially affect consumers. The trigger for compliance is simple: if your AI system contributes directly or significantly to decisions about employment, education, housing, healthcare, or access to financial or legal services, it qualifies as high-risk. And if it operates within Colorado, you’re within reach of the law. Importantly, size doesn’t exempt you. Even smaller businesses are subject to core obligations. An exemption exists for organizations with fewer than 50 full-time employees, but only if they do not train the AI system using their own data. The law anticipates exceptions, but the baseline expectation is clear: know your system’s impact, and govern it accordingly. This exemption is narrow by design. If a small business uses its own data to train or fine-tune a high-risk AI system rather than licensing or deploying a third-party model, it is no longer exempt from SB24-205’s requirements. This condition ensures that any business actively shaping model behavior with proprietary data remains accountable for downstream risks, even if the organization is relatively small. Failing to meet these standards is a regulatory liability. The Colorado Attorney General can issue a notice of violation, and if your organization fails to respond or cure the issue within 60 days, enforcement actions may follow. These violations are classified under unfair trade practices, opening the door to steep consequences. How mature is your AI risk management? Colorado AI law compliance requirements for businesses Impact assessments: The backbone of AI compliance For developers and deployers alike, SB24-205 requires organizations to move beyond vague policy statements and into actionable AI governance. The centerpiece of these obligations is the . This formal, repeatable evaluation must be completed before deployment, annually, and within 90 days of any intentional and substantial modification to the system. These assessments go beyond surface-level documentation. Deployers must disclose the system’s purpose, intended use cases, deployment context, and any benefits the system is expected to provide. Each impact assessment must also include: A detailed analysis of whether the system poses any known or foreseeable risk of algorithmic discrimination and how those risks will be mitigated. the system processes as inputs, and the outputs it generates. the system (if applicable). taken, including whether and how consumers are notified that AI is in use. post-deployment monitoring and user safeguards , including how issues will be tracked, reviewed, and addressed over time. Colorado’s AI law requires these components to ensure the consistent, accountable, and transparent use of high-risk AI systems. Developer duties: Documentation and risk disclosure Developers, on the other hand, must provide detailed documentation to deployers. This includes technical and procedural disclosures that help deployers understand how the system works, how it was trained, and where its limitations lie. At a minimum, this documentation should include: describing the system’s architecture, training objectives, performance benchmarks, and intended uses. detailing the origin, structure, curation, and governance of the training data. applied to ensure data quality, relevance, and representativeness. limitations and harmful use cases The types and sources of data used to train or customize the system. Evaluation methods for performance, fairness, and bias mitigation. This documentation must be provided to deployers before any system deployment and updated as needed. It forms the basis for deployers’ own and downstream compliance obligations. Both parties must keep this documentation readily accessible, especially in the event of an AG request. For deployers, completed assessments must be retained for three years after the final deployment statutory obligation to disclose risks . If a developer discovers that a high-risk AI system has caused or is likely to cause algorithmic discrimination, they must act. , they must notify the Colorado Attorney General and any known deployers or developers. This applies whether the issue is identified through internal testing or reported by a deployer. Timely disclosure is a legal requirement, not a best practice, reinforcing the law’s emphasis on transparency and cross-stakeholder accountability. Consumer rights: Notice, opt-out, and appeals There’s also a requirement that every AI system be transparent in practice, not just in theory. That means: Clearly disclosing when an individual is interacting with an AI and explaining its purpose and impact in plain language. Providing opt-out options for automated profiling. Allowing users to appeal adverse decisions and obtain human review, unless a delay would pose a risk to the consumer’s life or physical safety. Consumer notifications: What must be disclosed and when Under SB24-205, deployers must provide consumers with a clear and accessible statement whenever a high-risk AI system is used to make a consequential decision. This statement must include: description of the system for the deployer so that individuals can inquire about or appeal the decision This notification must be made at or before the time of the decision , and it must be designed for a general audience—legal jargon, technical terms, or AI-specific buzzwords won’t meet the law’s clarity requirement. The goal is to make the AI’s role in the decision-making process obvious, understandable, and accountable. Deployers are not required to notify consumers when the interaction with an AI system would be obvious to a reasonable person . For example, if a user is engaging with a clearly automated chatbot or AI-generated self-service tool, and the AI nature of that system is self-evident, formal notification is not required. This exception ensures that organizations can focus disclosures on contexts where the distinction between human and machine is less clear and the legal impact more consequential. In short, the law expects organizations to operationalize AI accountability , not just talk about it. Mitigating AI bias and ensuring fairness The heart of SB24-205 is fairness. Specifically, the law is designed to combat algorithmic discrimination , defined as unlawful differential treatment based on characteristics like race, sex, religion, disability, reproductive health, veteran status, and more. The obligations to prevent this kind of harm are not one-sided. to anticipate and mitigate risks. That means identifying not just how a system is intended to be used, but also how it could be misused or misapplied in ways that lead to discriminatory outcomes. Deployers are required to go a step further. SB24-205 mandates that they implement a Risk Management Policy and Program that is dynamic, iterative, and rooted in recognized standards. Employers are required to develop and maintain a Risk Management Program that aligns with a nationally or internationally recognized framework, such as the NIST AI Risk Management Framework, ISO/IEC 42001, or another standard designated by the Colorado Attorney General. This alignment is not optional; it ensures that risk identification, mitigation, and documentation are consistent with widely accepted best practices and regulatory expectations. This risk program must evolve as the system evolves. It should cover everything from personnel roles and documentation procedures to the handling of post-deployment monitoring. Ultimately, the law’s bias mitigation approach is not punitive. It’s proactive. It recognizes that bias is a systems problem , and solving it requires structure, transparency, and ongoing effort. How Colorado’s AI law compares to other AI regulations While Colorado may not be the only state pursuing AI oversight, SB24-205 sets a new bar for comprehensive, private-sector AI governance. Here’s how it stacks up against other major regulatory efforts: Broad, risk-based governance applying to developers and deployers of high-risk AI systems Deep governance framework focused on accountability and transparency Focused on prohibited, intentional AI practices across both public and private sectors Targets misuse; not a comprehensive governance regime Enacted SB942 (AI transparency) and AB2013 (training data disclosure) Clear GenAI content transparency obligations Tiered, risk-based framework across the AI lifecycle International benchmark in comprehensive AI regulation What sets Colorado apart? Colorado’s SB24-205 is the first U.S. law to impose comprehensive, enforceable AI governance obligations on private-sector organizations. It requires ethical AI. Developers and deployers of high-risk AI systems must conduct annual impact assessments, implement robust risk management programs aligned with standards like NIST or ISO/IEC 42001, and provide detailed documentation and consumer disclosures. These obligations apply to systems making consequential decisions in employment, housing, healthcare, education, and more—not just generative AI tools. Colorado’s law is unique in how deeply it embeds accountability, documentation, and consumer rights into the private deployment of decision-making AI. It does more than regulate outcomes. It governs the entire lifecycle. As a result, SB24-205 may become the benchmark that shapes future U.S. regulation, especially for companies that operate across multiple states or jurisdictions. How to prepare for Colorado AI law SB24-205 compliance readiness checklist To prepare for Colorado’s 2026 enforcement deadline, consider the following: Inventory your high-risk AI systems Identify all AI systems used across the organization, especially those influencing decisions in employment, , housing, or other regulated areas. Classify systems that make consequential decisions Determine which systems meet the law’s definition of “high-risk” based on their impact on individuals’ legal or economic rights. Document intended uses, risks, and training data Create detailed records of each system’s purpose, intended use cases, training datasets, and known or foreseeable risks. Develop a Risk Management Program Align your program with recognized frameworks such as NIST’s AI Risk Management Framework or . Ensure it is iterative and tied to your organization’s size and system complexity. Conduct annual Impact Assessments Assess systems before deployment, annually thereafter, and after any significant modifications. Include use context, data flows, risks of bias, and mitigation strategies. Implement consumer opt-out and appeal workflows Provide users with meaningful notice, opt-out rights, opportunities to correct inaccurate data, and options for human review of adverse decisions. Retain documentation and prepare for AG inquiries Maintain copies of all assessments, policies, and communications for at least three years. Be prepared to furnish them upon request. Train internal teams on SB24-205 responsibilities Ensure privacy, legal, IT, and business leaders understand the law’s scope, obligations, and enforcement triggers. Monitor for algorithmic bias post-deployment Establish ongoing oversight and post-deployment evaluation processes to identify and address discriminatory outcomes. Review vendor contracts for downstream compliance Confirm third-party vendors meet SB24-205 obligations and provide necessary documentation to support your own compliance posture. TrustArc provides the tools to , streamline documentation, and operationalize governance Tools and solutions to simplify SB24-205 compliance Navigating this regulation manually is time-consuming and high risk. TrustArc offers targeted solutions built for this evolving landscape. TRUSTe Responsible AI Certification Demonstrate your organization’s commitment to ethical, fair, and transparent AI governance. Certification signals that your practices align with regulatory expectations. Your real-time privacy research engine. Track SB24-205 updates, compare global obligations, and access templates to operationalize compliance efficiently. Explore Nymity Research » Data Mapping & Risk Manager Automate data flow mapping, risk assessments, and documentation. Produce AI system records and impact assessments with ease. These tools support your compliance across the full AI lifecycle from development and deployment to documentation and defense. Leading with confidence in Colorado’s AI era SB24-205 is a blueprint for building trustworthy, transparent systems today. For developers and deployers alike, this law delivers a clear message: when AI influences decisions that shape lives, responsible governance isn’t optional. Yes, the obligations are significant. But so is the opportunity. This is your chance to get ahead by formalizing how your organization identifies risk, builds documentation, notifies consumers, and reviews system outcomes. If you already have strong privacy practices, SB24-205 can complement and elevate your existing workflows. If you’re just starting, now is the moment to build your AI governance program with intention. The good news? You’re not alone. With the right frameworks, expert guidance, and automated tools, compliance doesn’t have to be overwhelming. TrustArc’s solutions, including TRUSTe AI Certification, Nymity Research, and our Data Mapping & Risk Manager, help you operationalize these requirements with efficiency and confidence. SB24-205 isn’t about punishing innovation. It’s about protecting people and the businesses that serve them from preventable harm. In that way, this law is more than a mandate. It’s a milestone in the journey toward responsible AI. Responsible AI, Certified and Simplified Prove your AI systems are fair, transparent, and built for accountability. TRUSTe Responsible AI Certification helps you demonstrate compliance with SB24-205 and beyond. Dynamic Mapping. Confident Compliance Visualize data flows, automate risk analysis, and generate AI impact assessments on demand. With Data Mapping & Risk Manager, staying audit-ready has never been easier. Colorado SB24-205: Frequently Asked Questions (FAQ) What is Colorado SB24-205? Colorado Senate Bill 24-205, also called the Consumer Protections for Artificial Intelligence Act, is the first U.S. state law to establish detailed governance requirements for high-risk AI systems. It applies to both developers and deployers of AI systems that influence consequential decisions affecting Colorado residents. Who must comply with Colorado’s AI law? : Entities that build, modify, or train high-risk AI systems. : Entities that use high-risk AI systems to make consequential decisions. It applies regardless of where the organization is headquartered, so long as the system affects individuals in Colorado. What is considered a high-risk AI system under SB24-205? A high-risk AI system is any system that makes or substantially influences a , defined as one that has a legal or similarly significant impact on an individual’s life. Covered areas include: Lending and financial services What are developers required to do under SB24-205? to avoid algorithmic discrimination. comprehensive documentation , including model and dataset cards. Notify the Colorado Attorney General and known deployers if the AI system causes or is likely to cause algorithmic discrimination. What are deployers required to do under SB24-205? impact assessments before deployment , annually, and after major changes. Risk Management Policy and Program aligned with a recognized framework (e.g., NIST AI RMF or ISO/IEC 42001). when AI is used to make a consequential decision. of adverse decisions unless it poses a safety risk. and assessments for three years. What must an impact assessment include? Deployers’ impact assessments must document: The AI system’s purpose and deployment context Any risks of algorithmic discrimination and mitigation strategies Data inputs, outputs, and training/customization data Transparency measures and consumer notices Post-deployment monitoring and safeguards When are consumer notifications required? notify consumers at or before using high-risk AI. The notice must include: The nature of the decision A plain-language system description Contact information for appeals or inquiries No notice is required if it’s obvious to a reasonable person that AI is in use (e.g., an automated chatbot). Is human review of AI decisions always required? Human review must be offered when an AI system makes a , unless delays would pose a risk to the individual’s life or physical safety. Are small businesses exempt from SB24-205? Only in limited cases. Businesses with fewer than 50 employees are exempt only if they do not use their own data to train or fine-tune the AI system. with proprietary data removes the exemption. What is algorithmic discrimination under SB24-205? The law defines algorithmic discrimination as an unlawful differential impact or treatment based on protected classes (e.g., race, sex, religion, disability, reproductive health decisions, veteran status, etc.) in consequential decisions. When does SB24-205 go into effect? SB24-205 takes effect June 30, 2026 . Developers and deployers must prepare their governance programs, documentation, and consumer-facing processes before that date. ==================================================================================================== URL: https://trustarc.com/resource/california-childrens-privacy-protection-laws/ TITLE: California Leads the Way on Children’s Privacy Protection Laws | TrustArc TYPE: resource --- California state privacy law leads protection of children in the US Children’s privacy protection laws demonstrate a society’s commitment to protecting its most vulnerable citizens and applying responsible business practices. California has always been a trailblazer state within the entertainment and technology sectors. The Golden State has also historically served as a national bellwether on various political issues, including data privacy and the protection of minors online. California Consumer Privacy Act (CCPA) 2018 has the strongest protections for children among all US privacy regulations, building on previous data privacy laws aimed at protecting minors in the state, including: Privacy Rights for California Minors in the Digital World Student Online Personal Information Protection Act The passage of California’s stricter child protection laws was driven by greater public awareness and concern about data privacy matters. One of the major concerns for parents who lobbied for changes to California’s data privacy laws was the long-term ramifications if minors were not given the opportunity to delete their online mistakes. At the same time, K-12 public schools experiencing budget shortfalls were increasingly looking for free or low-cost online technology services to educate students successfully. Many organizations eager to sell digital education products and services tend to rely on advertising and the sale of consumer data to generate revenue. The updates to California state privacy law included rules to address concerns about the types of ads served to children. Along with stricter terms for how personal data is managed. Extra protections for children under California state privacy law Under California’s data privacy laws an online service organization must have mechanisms to identify minors who are using its website or any other digital channel. This means organizations need to establish effective legal and technological mechanisms to manage protection of children online. These mechanisms need to include policies and programs to ensure the organization is fully compliant with California’s child privacy protection laws, including: – mechanisms so minors can exercise their ‘right to be forgotten’, which means their personal data is not collected Exclusion from some advertising – online tracking partners and technologies also needs fine-tuning so children are not included in online advertising programs, and are not served advertising that is not deemed age appropriate in California California is the only state to establish a ‘cure period’ for violations related to security breaches. Under this rule, individuals must allow businesses 30 days to cure any violation before they can begin pursuing statutory damages. Privacy rights for California minors in the digital world 2013 Senate Bill 568 was passed in 2013 and became effective on January 1, 2015. Privacy Rights for California Minors in the Digital World prohibits online service companies from marketing a variety of products and services to minors when such products and services can only be bought by a person over 18 years or older. This legislation added stricter data privacy laws which included the following: of minors’ personal data from being shared with third parties for the purpose of advertising or marketing products and services that can only be bought by adults. Enforcing the ‘right to be forgotten’ for minors, so that any California resident under 18 years of age can request any personal data, including online activity data related to them, to be permanently deleted. Online service providers must disclose this right to minors and clearly explain the process to make a request for the deletion of personal information. Student Online Personal Information Protection Act (SOPIPA) 2016 SOPIPA which became effective onJanuary 1, 2016, prevents organizations that focus on K-12 educational offerings from engaging in targeted advertising to minor students and their parents or legal guardians. SOPIPA was an important update to California’s data privacy laws because it banned several common online advertising activities. The major changes included: of personal information about students which could be used to establish individual profiles of a student’s personal information Enforcing reasonable security measures which require K-12 online service organizations to implement and maintain reasonable security to protect the data they do collect Enforcing the right to delete , which requires online service organizations to delete student data upon the request of a K-12 school or district which had its students use an organization’s online educational services Understanding privacy laws in California The California Consumer Privacy Act (“CCPA”) of 2018 applies to for-profit organizations that do business in California, and meet any of the following criteria: Have gross annual revenue of more than US $25 million Buy, receive or sell the personal information of 50,000 or more California residents, households, or devices Earn 50% or more of annual revenue from selling California residents’ personal information The CCPA gives consumers in California extended rights related to their personal information including: what personal information is collected [See: ‘Notice at collection’ below], and how that data is used and shared, including whether it is sold and to whom from the sale of their personal information records of their personal data held by an organization personal data by requesting an organization deletes records collected from them, with some exceptions [See Exception to ‘right to delete’ below] Right to non-discrimination for exercising their privacy rights ‘Notice at collection’ under California state privacy law The CCPA also requires organizations to give consumers a ‘notice at collection’ at or before the point at which data is collected. The notice must list the types of personal information being collected and the purposes. If the organization plans to sell any consumer data it collects, the notice at collection must also include a Do Not Sell link so consumers can opt-out. Exceptions to ‘right to delete’ personal information held by an organization Under the CCPA, there are some exceptions to consumers’ right to delete their personal information held by an organization. Common examples of these exceptions which allow organizations to keep records of personal information include: The request for deletion cannot be verified To complete a transaction, provide a reasonably anticipated product or service, or for certain warranty and product recall purposes To manage certain business security practices To comply with legal obligations, exercise legal claims or rights, or defend legal claims For certain internal uses compatible with reasonable consumer expectations or the context in which the information was provided If the personal information is certain medical information, consumer credit reporting information, or other types of information exempt from the CCPA Children’s privacy protection laws in the US have a long way to go to catch up with California. Organizations who are compliant with California State privacy laws will have a head start, and win over the trust of consumers. There are so many more nuances and requirements in the field of children’s privacy. Find everything you need to know and the hottest developments in Privacy Simplified: U.S. Children’s Privacy page Join the premier regulatory database with digestible legal summaries covering 244+ global jurisdictions written by trusted privacy and legal experts. ==================================================================================================== URL: https://trustarc.com/resource/webinar-the-future-of-third-party-privacy-risks-trends-tactics-and-executive-insights/ TITLE: The Future of Third-Party Privacy Risk: Trends, Tactics & Executive Insights TYPE: resource --- The Future of Third-Party Privacy Risk: Trends, Tactics & Executive Insights As organizations continue to rely on third parties to deliver critical services, the risks tied to vendor relationships around data privacy are growing more complex with high-stakes. From regulatory compliance to reputational risk, third-party oversight is no longer a checkbox activity; it’s a strategic imperative. Join us for an executive-level webinar designed for privacy professionals and C-suite leaders looking to strengthen their third-party risk management programs. You’ll gain practical guidance on how to assess, monitor, and mitigate privacy risks across your vendor ecosystem—without slowing down business. These strategies will be directly tied to the daily challenges privacy leaders face, from managing vendor questionnaires and ensuring procurement alignment to navigating the pressures of regulatory audits. Our featured speaker, Dareus Robinson, Product Counsel at Snapchat, will share firsthand insights from overseeing third-party privacy practices at one of the world’s leading tech companies. Drawing on his prior experience as Privacy Leader at Nike, Dareus will highlight real-world challenges, lessons learned, and strategies that work in fast-moving, data-driven environments. This webinar will review: Key privacy risks in today’s third-party landscape How to build a scalable, risk-based vendor assessment process Strategies to align procurement, legal, IT, and privacy teams How leading organizations are operationalizing ongoing monitoring Lessons from Snapchat’s approach to third-party risk Whether you’re building your third-party program from the ground up or refining an existing one, this webinar will give you the clarity and confidence to move forward. This webinar is eligible for 1 CPE credit. Senior Privacy Consultant, TrustArc Product Counsel, Snapchat ==================================================================================================== URL: https://trustarc.com/resource/dsr-requirements-everything-you-need-to-know/ TITLE: DSR Requirements: GDPR & CCPA Compliance Guide | TrustArc TYPE: resource --- Privacy laws and user expectations have converged on one unmissable message: Data Subject Request (DSR) requirements aren’t a “nice to have,” they’re non-negotiable. Individuals have a right to access, delete, correct, port, and otherwise control their personal data, and regulators expect you to make that happen quickly, securely, and consistently. Under the , fines can reach the greater of €20 million or 4% of global annual revenue. That’s not just a line item; that’s a board-level fire drill. is how an individual (customer, employee, prospect—yes, even your test account owner) exercises their data rights with your organization. Common request types include access, deletion (erasure), rectification, portability, restriction/objection, and opt-out of sale/sharing. ‘What are DSR requirements?’ At its core, DSR requirements ensure companies handle these requests lawfully, within deadlines, and with proof. 60% of respondents reported an increase year over year; 51% received complaints about DSAR handling; 33% had received “bulk” requests; and 88% process DSARs in-house (often across HR, Legal, IT, and Compliance). Translation: teams are busy, budgets are tight, and spreadsheets snap under scale. That’s why many organizations are turning to tools like TrustArc’s Individual Rights Manager , which centralizes intake, verification, and fulfillment so requests don’t slip through the cracks. Compliance means meeting statutory timelines, verifying identity proportionately, and documenting every step. Regulators don’t just look at whether you respond; they examine how you respond. Two recent cases illustrate this point vividly: France’s CNIL fined Clearview AI €20 million for multiple GDPR violations, including failures to properly honor and demonstrate compliance with data subject requests. To make matters worse, Clearview was hit with an additional €5.2 million penalty for failing to provide proof of compliance within the two-month follow-up deadline. The case underscores a critical lesson: responding isn’t enough. You must maintain records and be ready to prove compliance when regulators request it. Todd Snyder, Inc. (California) : In May 2025, the California Privacy Protection Agency fined this clothing retailer $345,178 for CCPA violations tied to its DSR practices. The company required excessive information from individuals trying to exercise their rights and delayed opt-out processing by more than 40 days. The CPPA made it clear: “reasonable” verification means striking a balance. Too little verification invites fraud, but too much creates barriers that regulators see as obstruction. Whether you’re a global AI company or a mid-market retailer, regulators expect proportionate, timely, and well-documented handling of DSRs. Compliance is about the accountability you can demonstrate under scrutiny, not checking boxes. Common challenges and pitfalls On paper, DSR compliance appears straightforward: receive request, verify identity, pull data, respond. In practice, the journey is more like navigating a hedge maze with a stopwatch ticking. Here are the biggest stumbling blocks: Identity verification delays Organizations often swing between two extremes. Too weak, and you risk handing to an imposter, essentially creating a breach in the name of privacy. Too burdensome, and you frustrate legitimate data subjects, block them from exercising their rights, and invite regulator scrutiny (as Todd Snyder, Inc. learned the hard way). The art is in proportionality: use data you already have to verify requests and reserve additional checks for higher-risk scenarios. Data silos that stall search and redaction Data rarely sits neatly in one system. It sprawls across HR platforms, CRM databases, cloud storage, and SaaS apps. Without an integrated discovery process, teams can spend weeks chasing down fragments of information. Worse, inconsistent redaction practices may expose third-party or sensitive data that should have been masked. The result? Delays, errors, and potential over-disclosure. Inconsistent handling across departments and geographies Privacy, IT, security, HR, and legal all have roles in DSR fulfillment, but if each team uses its own playbook, you’ll get uneven responses. One business unit might respond within 20 days, while another might take 60. A request in the EU may get handled differently than the same request in the U.S. This inconsistency not only risks noncompliance but also undermines trust if individuals see their rights honored unevenly. Missed deadlines and mounting risks Failing to meet statutory deadlines doesn’t just lead to regulator fines; it damages brand trust. A single consumer complaint can escalate into headlines or investigations. Regulators prize proportionate verification, traceable workflows, and timely responses. Your program should, too. Avoiding these pitfalls isn’t about heroics; it’s about creating a repeatable process that works under pressure, scales with request volume, and proves compliance on demand. share the same spirit: giving individuals meaningful control over their data. But the way they go about it differs. guarantees rights to access, rectification, erasure, restriction/objection, portability, and protection against automated decision-making. Organizations must generally respond , with a possible two-month extension for complex requests (if the individual is notified). gives Californians the right to know, delete, correct, opt out of sale or sharing, limit the use of sensitive personal information, and avoid discrimination for exercising their rights. Companies have 45 days to respond, with one possible 45-day extension if they provide notice. CPRA also strengthened enforcement and formally added the right to limit sensitive data use. Think opt-in versus opt-out. In Europe, you need a lawful basis up front before you can process personal data. In the U.S., individuals often must signal that they want to be excluded through opt-out links, sensitive data limits, or One model demands permission in advance; the other expects you to stop only when asked. Global privacy regulations and DSRs And it’s not just Europe and California. Regulators worldwide are layering on new requirements: adapts GDPR principles for Latin America. adds unique consent and localization requirements. , and counting) keeps expanding the list of overlapping, slightly different rights. For privacy teams, this means tracking multiple obligations at once, ensuring the right deadlines are met in the right jurisdiction, requests are properly scoped, and workflows are updated as new laws come online. Streamlining DSR compliance in a patchwork of global laws For most organizations, the real challenge isn’t handling a single DSR under GDPR or CCPA. It’s managing dozens or hundreds of requests simultaneously across jurisdictions , each with its own spin on timelines, rights, and verification. Without a unified system, teams often build parallel processes for each law, duplicating effort and creating inconsistency. One group may track requests in spreadsheets, another in a ticketing system, and another by email. That fragmentation wastes time and increases the risk of missed deadlines and incomplete responses. It’s like trying to conduct an orchestra with five conductors. The result isn’t a symphony, it’s a cacophony. This is where TrustArc’s global scope stands out. Instead of stitching together manual workflows law by law, TrustArc enables: — A centralized process that adapts automatically to GDPR, CCPA, LGPD, DPDP, PIPEDA, and beyond. — Dynamic rules that apply the correct obligations (e.g., 30 days for GDPR, 45 days for CCPA, 15 business days for Colombia). — Automation that handles intake, verification, routing, and fulfillment in a way that’s scalable, auditable, and regulator-ready. The advantage is efficiency and defensibility. When regulators ask how you handle DSRs, you can point to one consistent system with jurisdiction-specific logic built in. That level of standardization builds both compliance confidence and user trust. Requirements for the DSR process Here’s a practical, scalable flow that privacy teams can apply to handle requests with confidence: — via portal, email, or hotline Centralize intake. Funnel every channel into one queue so front-line teams don’t “lose” requests. Offer electronic submission where you process data electronically. Use proportionate methods. Match existing data; avoid collecting new sensitive data unless necessary. Don’t gate simple opt-outs behind intrusive steps. Document your policy. — what data exists, where Inventory systems early (CRM, HRIS, marketing, product logs, vendors). Decide what’s in scope for the specific right invoked, and identify legal holds/retention needs. — cross-functional coordination HR, Legal, IT, Security, and Marketing each own a piece. Define service level agreements (SLAs), escalation paths, and redaction standards. GDPR: one month by default; CCPA: 45 days by default; communicate extensions with reasons. Provide data via a secure portal or method that prevents oversharing. Track who did what, when, and why (including identity checks, exemptions, and redactions). If you deny or limit a request, explain the rationale and recourse. Security risks and safeguards Handling DSRs efficiently requires protecting sensitive data at its most vulnerable moment. When you collect, package, and deliver personal information, you risk exposing the very data you’re trying to protect. Oversharing personal data — Without tight controls, you might disclose more than the requester is entitled to, or accidentally include third-party information. — Bad actors can spoof legitimate DSRs to trick organizations into handing over sensitive data. Insecure delivery channels — Sending responses over unencrypted email or without access restrictions can undo all the effort put into compliance. The safeguards are straightforward but essential: Encryption in transit and at rest keeps personal data protected from interception. ensures only the right people inside your organization can touch request files. help remove unrelated or sensitive information before delivery. provide an audit trail regulators can trust. And with claims management companies submitting requests in bulk on behalf of individuals, — always confirm the individual, not just the agent, before fulfilling requests. Strong safeguards build confidence with the people exercising their rights. Every secure, accurate response is a signal that your organization takes privacy seriously. Data Subject Request Automation to see how secure portals, redaction, and audit logs come standard. Strategies for meeting DSR requirements Here’s how to succeed with DSR requirements: Teach proportionate verification and channel triage; rotate tabletop exercises. Build transparent privacy notices. Clarity reduces friction and complaints. Create user-friendly request portals. Plain language forms shorten back-and-forth. Use automation for tracking and consistency. Standardize templates, timers, and tasks. forecasts fines tied to mismanaging subject rights —a tenfold increase from 2022—so operational excellence here is risk management, not just reputation polishing. And yes, the to process a single DSR has been widely estimated at , which is why scalable automation pays for itself fast. Why do proactive processes reduce costs? Because they reduce escalations, shorten cycle times, and cut rework (the silent budget killer). Measure request cycle time, first-contact resolution, re-open rates, redaction error rates, and per-request cost monthly. Technology and automation in DSR compliance Manual handling is the “fax machine of privacy”: expensive, error-prone, and painfully slow. Automation, by contrast, centralizes intake, orchestrates tasks, codifies timelines, and generates audit trails automatically. Think fewer sticky notes, more state machines. In practice, the gap is huge. Manual processes often take 3–4 weeks , with requests bouncing between departments and deadlines slipping through the cracks. Automation shortens that cycle to 5–10 days , applying consistent redaction, role-based access, and deadline alerts while generating regulator-ready logs. The difference isn’t just speed; it’s sustainability. Manual workflows crumble under scale. Automation gives privacy teams repeatability and resilience, turning DSR chaos into an orderly, defensible process. TrustArc’s Individual Rights Manager makes that transformation possible across jurisdictions. DSR requirements as a foundation for long-term trust At the heart of DSR requirements are accountability, transparency, and compliance. The near future blends AI-assisted request handling (entity resolution, smart data discovery, automated redaction) with greater regulatory scrutiny of automated tools and a gradual global harmonization of core rights. Build once, adapt everywhere. Companies that act now on DSR requirements build long-term trust and avoid very short-term risks. Ready to cut cycle times, costs, and compliance anxiety? Explore how TrustArc can help you . Your team (and your data subjects) will thank you. DSR Fulfillment, Effortless and Scalable TrustArc’s Individual Rights Manager automates intake, verification, and fulfillment across 183+ jurisdictions. Cut costs, reduce risk, and respond faster with built-in compliance and 300+ integrations. Consent Made Simple. Trust Made Strong. With Consent & Preference Manager, centralize customer choices across apps, sites, and campaigns. Deliver seamless privacy experiences, avoid missed signals, and build lasting trust. What are DSR requirements under GDPR? GDPR guarantees rights to access, rectification, erasure, restriction/objection, portability, and safeguards around automated decision-making. Controllers must respond within one month (extendable by two for complex requests with notice), using proportionate identity checks and providing information in a secure, intelligible format. What are DSR requirements under CCPA? CCPA/CPRA guarantees rights to know, delete, correct, opt out of sale/sharing, limit use of sensitive PI, and non-discrimination, with a default 45-day response window (and one extension). Businesses must honor user-enabled signals (e.g., GPC), avoid excessive verification for opt-outs, and provide clear mechanisms across channels. How can companies handle DSRs efficiently? Centralize intake, use proportionate verification, automate the workflow, secure delivery via a portal, and maintain an auditable record. Platforms like TrustArc’s Individual Rights Manager integrate with your stack, enforce timelines, and produce regulator-ready logs—turning DSR chaos into a consistent, defensible process. ==================================================================================================== URL: https://trustarc.com/resource/executive-buy-in-for-privacy/ TITLE: How to Get Executive Buy-In for Privacy Initiatives | TrustArc TYPE: resource --- Privacy as a business priority For years, privacy was treated as a compliance checkbox, tucked into Legal and Security functions, often only discussed after something went wrong. Those days are over. Executives and boards now view privacy as central to corporate health, brand equity, and even survival. From bankruptcy following data mishandling concerns to building entire ad campaigns around privacy-first technology, the message is clear: privacy is no longer just a regulatory issue—it’s a strategic lever. Privacy professionals already know this. The challenge is convincing executives and board members that investing in privacy is not just “the right thing to do,” but a critical business initiative that drives growth and protects enterprise value. Why executives care about privacy and enterprise value Executives care about three things above all: . Privacy maps to each of these in direct and measurable ways. Today, growth is inseparable from trust. According to TrustArc’s 2025 Global Privacy Benchmarks Report 88% of organizations cite brand trust as the leading driver of privacy investment. Customers, partners, and even acquirers are more likely to engage with businesses that can prove strong data stewardship. Yet the report also highlights a gap: only 36% of organizations have fully implemented more than three privacy solutions. Those that have, however, achieved the highest Privacy Index scores and with them, greater customer confidence and stronger market differentiation. In practical terms, this means privacy leaders aren’t just avoiding friction in deals; they’re creating competitive advantage by signaling reliability and accountability to the market. For boards, the message is simple: privacy maturity protects revenue and accelerates it by strengthening the trust that underpins every transaction. Poor privacy practices can lead to regulatory actions, lawsuits, and brand damage. Enforcement no longer targets only “big tech.” Regulators have widened their focus to mid-market and even smaller players, where fines are only the visible tip of a much larger iceberg of costs : remediation, legal defense, and lost productivity. Forrester found that organizations using TrustArc reduced the likelihood and cost of privacy incidents by 80%, resulting in a risk-adjusted savings of more than $3 million over three years. Before implementing a privacy platform, the average organization experienced 2.5 incidents per year, each carrying potential costs for regulatory fines, customer compensation, and legal damages. By reducing those incidents to a fraction, organizations not only avoided financial losses but also preserved customer trust and brand reputation. Privacy done well reduces waste. Automated workflows, streamlined data subject rights processes , and integrated vendor management can significantly reduce reliance on outside counsel or emergency “fix-it” spending. In the Forrester analysis, organizations that adopted TrustArc saved five weeks of staff time per compliance cycle , cutting the time to meet new privacy law requirements from eight weeks to just three. That efficiency translated into nearly $646,000 in reduced compliance costs over three years. Companies also saved another $82,000 in audit-related costs by automating evidence collection and reducing both internal and external audit hours. When framed in this way, privacy doesn’t look like overhead; it looks like enterprise value protection and growth enablement with measurable returns that executives can take to the bank. Making the privacy business case and proving ROI CFOs and boards are hardwired to think in terms of . To win buy-in, privacy leaders need to show how privacy generates upside while mitigating downside. revenue upside vs. revenue downside . Strong privacy practices accelerate growth, from securing a role as a trusted vendor to enabling new AI-driven revenue streams. At the same time, weak privacy governance creates revenue downside. If regulators order algorithm disgorgement or the deletion of noncompliant data, an organization can lose not only millions in potential deals but also customer trust. Lose data, lose deals — and customer trust. . A $5 million fine with a 1 percent chance of occurrence represents an expected risk cost of $50,000. But that’s not the full picture. Internal legal time, external counsel fees, and operational disruption can multiply the true cost by a factor of five or 10. Presenting this “iceberg model” of privacy costs resonates with finance leaders because it reframes privacy investment as insurance against catastrophic, unplanned spending. . Automation can reduce contract redlines, accelerate product launches, and free up headcount for higher-value work. When privacy teams demonstrate year-over-year efficiency gains, they speak the language executives understand best: productivity. Aligning privacy with corporate strategy and financial goals Executives don’t want to hear about “Article 30 records” or “DPIAs completed.” They want to know how privacy investments tie to the company’s strategic vision. The most effective privacy leaders translate regulatory requirements into business outcomes: Consent architecture isn’t just about compliance; it enables analytics, personalization, and AI initiatives without derailing growth strategies. Vendor risk upgrades aren’t box-checking exercises; they reduce the probability of deal-blocking incidents that can derail enterprise contracts. privacy automation platform isn’t just a software license; it’s a two-year payback period with measurable reductions in legal and compliance costs. International Association of Privacy Professionals notes , privacy leaders who link initiatives directly to corporate objectives gain more consistent funding and higher visibility at the board level. Boards don’t want to hear about compliance in isolation; they want to see how privacy underpins resilience, market competitiveness, and customer trust. From advocacy to action: Securing executive buy-in for privacy Advocating for privacy in the boardroom is about storytelling, not checklists. Boards respond to strategic narratives grounded in evidence, not to fearmongering or abstract regulatory jargon. The most successful privacy professionals position themselves as enablers of growth, not the “Department of No.” Instead of reporting, “20 DPIAs completed,” they say, “Our privacy review cleared a blocker that enabled a multimillion-dollar renewal.” Instead of warning, “We could face fines,” they show how privacy certifications unlocked deals in new markets. Building cross-functional coalitions amplifies the message. When the CIO, CISO, and CFO echo privacy’s importance, the board hears a chorus rather than a solo. Anchoring privacy programs to such as ISO, NIST, or the Nymity Privacy Management Accountability Framework also gives executives confidence that investments are benchmarked against global standards. And metrics matter, but only if they’re meaningful. Boards lean in when privacy metrics are expressed in business terms: reduced contract turnaround times, percentage of contracts closed without redlines, or the number of product launches delivered on schedule because privacy was embedded early. Beyond fear: Positioning privacy as a growth and trust driver Many privacy professionals default to fear—fines, breaches, scandals. But as General Counsel, Val Ilchenko puts it . While fear has its place in moments of crisis, executives tire quickly of Chicken Little warnings. What resonates more is framing privacy as: Certain customers won’t buy from you, and certain acquirers won’t acquire you, without a strong privacy program. As the TrustArc Privacy Benchmark Report shows, organizations with more fully implemented privacy solutions score significantly higher on the Privacy Index, and those leaders outperform peers in stakeholder confidence and competitive positioning. Cisco’s 2023 Data Privacy Benchmark Study found that 92% of consumers believe organizations have a responsibility to use their data ethically, and more than half say they would not buy from companies they don’t trust with their data. Trust is revenue. Privacy builds the organizational muscle to adapt when new regulations emerge. As the IAPP’s 2024 Privacy Governance Report highlights, companies that align privacy with corporate objectives are better positioned to respond to regulatory change while protecting long-term growth. By framing privacy as growth, trust, and resilience, leaders elevate it from a compliance expense to a that executives understand and invest in. Sustaining board-level privacy strategy for long-term growth Winning executive buy-in is only the beginning. Sustaining it requires consistent communication, cross-functional alignment, and visible wins. One effective approach is what some leaders call the When privacy professionals help sales teams close deals faster or support engineering in launching compliant features, they build credibility. Later, when they must say no to a risky practice, that goodwill pays dividends. Equally important is ensuring privacy is woven into the organizational fabric . Training, awareness, and even a touch of creativity (yes, a GDPR rap video once got employees humming compliance reminders in the hallway) keep privacy visible and relatable. Above all, privacy leaders must measure and report impact in business terms. Just as Product and Engineering leaders justify headcount and budget with metrics, privacy teams need to show how their work enables revenue, reduces cost, and mitigates risk. Why boards should care about privacy now Privacy has entered the boardroom not as a guest, but as a permanent seat at the table. Executives care because privacy touches growth, risk, and cost—the very pillars of corporate decision-making. The task for privacy leaders is not to convince boards that privacy matters, but to demonstrate that investing in privacy is investing in the company’s future. By framing privacy as a business priority, aligning initiatives with corporate strategy, and telling compelling stories of value creation, privacy professionals can move beyond advocacy to action. And in doing so, they don’t just win executive buy-in; they redefine privacy as a cornerstone of enterprise resilience and long-term growth. Privacy leaders are not simply guardians of compliance. They are architects of trust, enablers of growth, and shapers of the future of business. The opportunity is here. The question is: Will you seize it? Trust, Centralized. Sales, Accelerated. Put privacy, security, and compliance at your buyers’ fingertips with Trust Center. Centralize disclosures, policies, and certifications so you can close deals faster, reduce risk, and prove your commitment to trust. Smarter Compliance. Lower Costs. PrivacyCentral automates compliance with 20,000+ mapped controls across 125+ laws and frameworks. Cut redundant work, accelerate audits, and reduce spend while staying ahead of regulatory change. ==================================================================================================== URL: https://trustarc.com/resource/neurotechnology-privacy-safeguarding-the-next-frontier-of-data/ TITLE: Neurotechnology Privacy: Safeguarding the Next Frontier of Data | TrustArc TYPE: resource --- The rise of neurotechnology and the challenge of privacy Brain-computer interfaces, consumer neurotech wearables, and advanced medical devices are translating neural activity into digital signals at scale. That neurodata isn’t just another identifier; it’s a window into attention, intention, and emotion—the raw ingredients of human agency. When thoughts become data, neurotechnology privacy becomes the next big battleground for compliance, security, and trust. Global bodies already recognize the stakes. The OECD’s first international standard for neurotech governance calls out the need to safeguard personal brain data alongside eight other principles for responsible innovation. That’s not a metaphor; it’s Principle 7, in black and white. What counts as neural data and why its protection matters includes signals measured from the central or peripheral nervous systems: EEG from scalp sensors, activity from implanted electrodes, fNIRS, EMG, and high-resolution imaging like fMRI. It can reveal mental states, reconstruct visual imagery, and even decode attempted speech. Recent research has documented these capabilities, moving this conversation from sci-fi to standard operating risk. The kicker: noninvasive consumer devices are entering an “essentially unregulated” marketplace, collecting intimate neural data that can be analyzed, sold, and misused, often without clear, informed consent. That’s not fearmongering; it’s the current landscape described by neuroethics scholars , who catalog both the promise and peril of these tools. For privacy leaders, neural data protection isn’t optional hardening; it’s foundational hygiene. Unlike passwords, the privacy of brain data can’t be “rotated.” Once exposed, it’s exposed. The ethical backbone: Neurorights and cognitive liberty : a rights-based frame that centers mental integrity, identity, and autonomy. At its heart sits ; the right to think freely without surveillance or manipulation. International guidance is converging: explicitly surfaces cognitive liberty and documents national moves that anchor it in law and policy (e.g., Minnesota’s bill language, Spain’s digital rights charter). Chile amended its constitution to protect “mental integrity” and secured a landmark ruling ordering the deletion of brain data collected from a former senator, signaling judicial teeth for mental privacy law. if thought is inviolable, the data that can reveal thought deserves exceptional protection. Neurotechnology privacy in law: GDPR neurodata, neurorights, and emerging state neural privacy laws How GDPR treats neurodata as special-category data While “neurotechnology” isn’t named explicitly, regime for special-category data—especially health and certain biometrics—captures many real-world neurodata scenarios, as recent legal scholarship notes ; several provisions may still need refinement for neural-signal specifics. the EU and UK frameworks as examples and invites policymakers to harden protections as uses evolve. State neural privacy laws: California, Colorado, Montana, and beyond U.S. states are moving fast. Colorado expanded “sensitive data” to include biological data such as neural data, tightening consent and use conditions; a model the OECD flags as instructive. Montana amended its Genetic Information Privacy Act (GIPA) via SB 163 (effective October 1, 2025) to regulate neurotechnology data. Unlike Colorado’s consumer privacy framework, Montana’s approach builds onto a genetic law and limits the scope of regulated entities to those already under GIPA. Meanwhile, federal attention is sharpening: the FTC to clarify protections for brain-computer interface privacy, enforce for neural data, and consider rulemaking to limit secondary uses like AI training and behavioral profiling. Why the urgency? As the senators put it, neural data, captured directly from the brain, can reveal mental health conditions, emotional states, and cognitive patterns even when anonymized. That’s strategically Neurorights on the rise: Mental privacy law goes global at least a dozen countries, regions, and international bodies have proposed or adopted mental privacy instruments, demonstrating that neurodata regulation is moving from theory to practice. Spain’s Charter of Digital Rights names neurotechnologies and underscores mental agency, privacy, and non-discrimination. It’s an early European marker for neurotechnology privacy. limits recording/monitoring of brain activity to medical, research, or judicial expertise and, after revision, excludes fMRI for judicial expertise. These are hard-law guardrails that reinforce mental privacy law. Japan’s CiNet braindata guidelines released consent templates for collecting neurodata and using it to build AI models, thereby codifying informed, revocable consent for neural data protection. The Human Rights Council requested a dedicated study on neurotechnology and human rights, while UNESCO convened global ethics work. Together, these efforts show soft law aligning around neurorights and cognitive liberty. LATAM leadership beyond Chile: Brazil’s Rio Grande do Sul enacted protections; Mexico is advancing a constitutional amendment; and Uruguay has a neurorights bill, providing regional proof that mental privacy law is spreading. South Korea features in comparative tracking of neurotech-related legal developments, signaling the region’s growing role in standard-setting. Regional digital-rights workstreams are beginning to incorporate mental-privacy considerations alongside data-protection norms, laying early groundwork for neuroprivacy governance. These moves reinforce that neuroprivacy is not a Western debate but a truly global agenda. From charters to consent templates to bioethics statutes, jurisdictions are crystallizing neurotechnology privacy into enforceable norms—so treating neural data as high-risk now isn’t overkill, it’s table stakes. Technology spotlight: Brain-computer interfaces and consumer wearables (and why privacy pros should care) High-profile clinical BCIs are restoring communication and mobility (e.g., implanted sensors decoding attempted speech in ALS patients with striking accuracy) while simultaneously raising questions about consent, scope, and secondary use. EU policy analysts forecast rapid BCI maturation and market growth as AI techniques are applied to signal processing and decoding. Translation: more data, more devices, more duty of care. wearable neurotech privacy Case in point: Audit shock — 96.7% share brain data 2024 Neurorights Foundation audit of 30 consumer neurotechnology companies found of companies reserve the right to transfer brain data to third parties, and most policies are vague on sale or brokerage. commit to breach notification. adopt all core safety measures. Weak commitments around neural data protection and neurosecurity are widespread, leaving organizations that handle neural signals with a trust and compliance gap they can’t afford to ignore. , security-by-design for neural data and devices, must be explicit: edge storage, on-device encryption, robust key management, and restrictive data flows should be defaults, not differentiators. The OECD’s “Protecting data privacy” guidance reads like a checklist privacy teams can implement now. Neurodata regulation, neurorights, and enterprise risk Call it the Cambridge Analytica test: mishandle neural data and the reputational blast radius will dwarf ordinary privacy incidents. This isn’t just about compliance—it’s about business continuity, investor confidence, and public trust. State mental privacy laws are expanding, global norms are crystallizing, and regulators are sharpening their focus. The U.S. Senate has already urged the FTC to investigate unfair or deceptive practices in this space, explicitly highlighting the sensitivity of neural data. In Europe, GDPR treats neurodata as special category information, and in Latin America, Chile has enforced its constitutional neurorights in court. If you’re processing brain signals, you’re in scope whether you like it or not. Consumer neurotechnology privacy policies are, in many cases, paper-thin. The Neurorights Foundation’s 2024 review found that most companies reserve broad rights to share or sell neural data while offering inconsistent deletion or access rights. That’s a brand-damaging headline waiting to happen. In a world where consumers already distrust opaque data practices, being seen as careless with the privacy of brain data could tank years of trust-building overnight. Employee and workplace risks. Neurotech won’t stay confined to gaming or wellness. Pilot programs are already exploring cognitive monitoring for drivers, air-traffic controllers, and even office workers. The specter of workplace neural data monitoring raises discrimination, labor law, and consent concerns. For employers, it’s a reputational and cultural risk that can chill recruitment and retention if not addressed responsibly. The leadership imperative. Scholars and regulators alike are signaling that neurodata regulation is inevitable. Leaders don’t have to wait for perfect laws to act. The playbook already exists in privacy by design, data minimization, governance frameworks, and neurosecurity controls. What’s needed now is a neuro-specific lens—treating neural data as high-risk, embedding neurorights into governance, and communicating transparently with stakeholders. Building a neuroprivacy strategy today (that stands up tomorrow) Privacy leaders are already experts at wrangling sensitive data. Use that muscle memory, and then take it to the next level. A pragmatic playbook: Map where neurodata could enter your environment: product features, research programs, clinical collaborations, wellness perks, or vendor SDKs. If there’s a sensor, there’s a surface. (Pro tip: extend your data map to include “inferences” derived from neural signals.) Classify neurodata as “special” from day one Treat neural data as special-category/sensitive data by default, including consent standards, retention limits, and sharing rules. The OECD points policymakers toward explicit neural data safeguards and stronger biometric rules; organizations can parallel that posture now. Bake in neurorights and cognitive liberty Write neurorights (mental integrity, identity, autonomy) into your design reviews and Data Protection Impact Assessments. It’s both ethical alignment and regulatory foresight; the OECD showcases how jurisdictions are already moving that way. Upgrade consent from opt-out to opt-in and keep it revocable Neural signals are continuous, involuntary, and intensely revealing. Consistent with OECD “Possible actions” and state trends, consent should be treated as informed, specific, affirmative, and easy to withdraw. Minimize like you mean it Continuous raw-signal capture is a liability. Collect the minimum, process at the edge, and store locally where feasible. The OECD toolkit recommends edge processing, on-device encryption, anonymization, and strict use restrictions. Treat neural signal pipelines like crown-jewel systems: encryption in transit and at rest, segregated keys, hardware security modules, tamper detection, and zero-trust access. Given policy analyses showing weak encryption and notification norms across consumer neurotech, your bar must be higher. Conduct pre- and post-market PIAs/HRAs privacy impact assessments before launch and after deployment to catch real-world risks. The OECD guidance endorses exactly this cadence. Stress-test secondary uses Explicitly prohibit model training, behavioral profiling, and data brokerage unless there’s separate, informed, revocable consent. U.S. Senate leaders are pushing the FTC to police these practices; don’t wait to be told. Prepare for law-enforcement requests Publish a transparent policy for neural-data requests, require proper legal process, and log disclosures. (If this feels familiar, good! You’re applying proven data-governance patterns to a new data class.) Plan for portability and deletion that actually works User rights must be real: access, export, and deletion of recordings and downstream inferences. inconsistent rights in consumer neurotech. But your program shouldn’t. Run regular foresight exercises with product, security, and legal. International programs are funding exactly this kind of anticipatory governance; take the hint and institutionalize it internally. But the strongest strategies don’t stop at compliance. They anticipate where scholarship and global ethics bodies are pointing: limit the circulation of neural data, explore data solidarity models where appropriate, and apply the precautionary principle when harms could be serious or irreversible. These measures, highlighted by UN human rights commentary , help leaders balance innovation with dignity and human rights. Think of it this way: neurodata is powerful, tempting, and perilous — more like the One Ring than ordinary sensitive data. It must be carried with care, controlled with courage, and, when in doubt, cast into the fires of minimization. Privacy leaders who adopt this mindset won’t just keep their organizations out of regulators’ crosshairs; they’ll shape the governance models that will define the next decade of responsible innovation. Neurosecurity and cognitive liberty will define tomorrow’s trusted brands Privacy leaders are reshaping business strategy by bringing order to the most intimate dataset yet. The mandate is clear: embed neurotechnology privacy into your governance fabric; elevate neurorights and cognitive liberty from slogans to standards; harden pipelines with neurosecurity; and operationalize a global posture that anticipates neurodata regulation rather than reacting to it. Do that, and you won’t just avoid penalties, fines, and loss of trust; you’ll set the standard others scramble to follow. In a world where the mind is becoming machine-readable, leaders who protect it will define the next decade of digital trust. Nymity Research, Your Compliance Edge. Turn regulatory chaos into clarity with continuously updated insights on global privacy and neurodata laws. Anticipate change, cut through complexity, and lead with confidence. Map Smarter. Govern Stronger. Surface risks before they surface you. With Data Mapping & Risk Manager, instantly trace neurodata flows, automate risk assessments, and stay audit-ready without the scramble. ==================================================================================================== URL: https://trustarc.com/resource/integrating-privacy-into-enterprise-risk-management-erm-a-practical-guide-for-privacy-leaders/ TITLE: Integrating Privacy into ERM: A Guide for Privacy Leaders | TrustArc TYPE: resource --- Why privacy belongs at the ERM table Privacy no longer hides in the back office. It sits squarely in the boardroom, shoulder to shoulder with financial stability, cybersecurity, and ESG. With 144 countries enforcing privacy laws that collectively cover more than 80 percent of the global population , leaders can’t dismiss it as “compliance paperwork.” It’s an enterprise risk in its own right—one that can shape reputation, influence valuation, and determine market access. For privacy professionals, this is both a challenge and an opportunity. prove that privacy risk deserves a permanent seat at the ERM table. transform privacy into a strategic advantage, not just a regulatory shield. Done right, privacy doesn’t just prevent penalties; it fuels resilience, builds trust, and drives innovation. Want a deeper playbook on making privacy a strategic advantage? Download the full Integrating Privacy into Enterprise Risk Management Defining privacy as an enterprise risk ERM is built on six pillars: strategic, operational, compliance, reputational, cybersecurity, and financial risk. Privacy doesn’t slot neatly into one of these categories. Instead, it intensifies all of them. A delayed privacy impact assessment doesn’t just stall operations; it derails product strategy. A regulatory fine doesn’t just impact compliance; it erodes financial reserves and erodes stockholder confidence. A breach doesn’t just belong to cybersecurity; it tarnishes brand equity overnight. This is why forward-thinking organizations now view privacy as an enterprise risk . It’s no longer an isolated compliance function. It’s systemic, woven into how the business operates, innovates, and earns trust. And the maturity of your determines whether you’re reacting to risks after the fact or shaping enterprise strategy in real time. show this evolution clearly: from ad hoc firefighting, to defined governance with policies and roles, to optimized programs where privacy is embedded in ERM and monitored continuously Every step forward transforms privacy from “legal checkbox” to “strategic compass.” Embedding privacy into the ERM framework Integration starts with translation. To resonate with ERM leaders, privacy must be described and measured in the same language as other risks. This means moving beyond vague concerns about “noncompliance” and embedding privacy directly into risk registers, severity models, and heatmaps. Consider the real-world scenarios: misuse of personal data by a vendor, an AI algorithm trained on sensitive attributes, or caught in a new localization law. These aren’t hypothetical—they’re predictable, trackable, and mitigatable risks. Using a likelihood × severity model, executives can prioritize them with the same precision they apply to market volatility or cyberattacks. And when those risks are plotted on a heatmap, privacy suddenly becomes visible in the decision-making space where budgets are allocated and strategies are approved. That visibility is power. It ensures privacy isn’t an afterthought but a driver of enterprise priorities. Curious how other organizations are mapping privacy risk into ERM frameworks? The eBook shares practical examples you can apply today. Elevating privacy to the board level Boards are busy. Their agendas are packed with financial forecasts, geopolitical volatility, Environmental, Social, and Governance (ESG) updates, and now AI ethics. For privacy to stay on the agenda, leaders must translate operational detail into board-level privacy reporting that feels strategic, not tactical. That translation requires storytelling through metrics. Saying “we received 231 data subject rights requests” is noise. Saying “requests have risen 45 percent year over year, signaling growing consumer awareness and potential operational strain” is strategy. It reframes compliance as a business exposure, demanding attention. Boards also rely on visuals. Dashboards, KPI trendlines, and risk heatmaps communicate in a language directors are accustomed to. Audit Committees want to see compliance posture. Risk Committees want trends in incidents and vendor risk. ESG Committees want to understand how privacy reinforces trust and data ethics. Each view frames privacy as an , not a regulatory chore. The result? Privacy moves from post-breach clean-up to preemptive, strategic input—a voice that shapes investment and protects brand resilience. Operationalizing privacy within ERM governance If privacy only shows up in audits, it’s invisible. Real presence means privacy has a seat at every ERM table. When privacy has a seat at ERM committees and risk forums, it ceases to be a back-office function and becomes a shared enterprise responsibility. This is where cross-functional alignment comes alive. Cybersecurity teams bring threat models; Privacy teams bring ethical data-use frameworks. Legal interprets obligations; IT operationalizes controls. HR manages ; Marketing ensures consent and personalization are transparent. Together, they create a cross-functional privacy risk management approach that respects both compliance and innovation Practical execution often looks like privacy tabletop exercises , simulating a vendor breach or AI model misstep to test escalation paths. Or integrated third-party risk reviews, where privacy is assessed alongside financial stability and security posture. Or privacy-infused ERM training, ensuring every business leader can spot risks in their domain. These initiatives prove that privacy governance isn’t theoretical—it’s operational muscle. Integrating Privacy into Enterprise Risk Management eBook provides a step-by-step approach for building effective cross-functional governance that sticks. Measuring what matters: Privacy KPIs on executive dashboards Executives live by dashboards. If it’s not measurable, it’s not manageable. That’s why privacy KPIs must be presented alongside cybersecurity indicators, ESG benchmarks, and financial performance. Think of metrics in layers. classification of sensitive data, consent and opt-out trends, and training completion rates. average incident response times, the volume of fulfilled data subject rights requests , and closure rates for privacy audits. For mature organizations: completion of privacy impact assessments (PIAs), percentage of high-risk vendors remediated, and ongoing updates to the privacy risk register. Measure. Monitor. But above all, translate numbers into a story leaders can act on—one that signals resilience and readiness. Privacy metrics don’t just demonstrate compliance; they signal maturity, accountability, and leadership responsibility. Making privacy stick: Policies, budgets, and culture Strategy collapses without execution. To make privacy sustainable within ERM, organizations must integrate it into three key areas: policy, budget, and culture. Policy starts at the top. Updating ERM charters and risk appetite statements to explicitly include privacy sends a signal to regulators and employees alike: this isn’t optional. Budgets come next. Privacy must be reframed not as a “cost center” but as a risk mitigator and value driver. Investments in tools and shared governance frameworks reduce exposure and enable faster, safer growth. cements the change. Gamified training, internal campaigns tied to real-world headlines, and recognition of privacy champions make it real. Just as sustainability programs shifted from reports to lived corporate values, privacy must become part of enterprise identity. When that happens, it feels like leadership, not compliance. Meeting regulatory expectations and benchmarking performance Regulators have made their expectations clear: privacy must be embedded in enterprise risk governance. The FTC criticizes siloed programs with . EU authorities require documented risk assessments and cross-functional accountability. The ICO in the U.K. expects to see privacy reflected in risk registers Global frameworks reinforce this message. NIST IR 8286 aligns privacy with ERM strategy. and ISO/IEC 27002 to include privacy-specific requirements and controls, creating a framework for a Privacy Information Management System (PIMS). emphasize transparency and cross-border accountability. Together, they form a common governance language that regulators expect and leaders can rely on. Benchmarking is equally vital. The 2025 TrustArc Global Privacy Benchmarks Report organizations measuring their privacy maturity outperform peers by 35 points on the Privacy Index. Benchmarking is a competitive advantage that unlocks budget and proves leadership at the board level. Looking ahead: Future trends in privacy and ERM The intersection of privacy and ERM is about to accelerate. Three trends dominate the horizon: , OECD principles, and emerging U.S. laws are forcing enterprises to treat AI risk as an ERM domain, with algorithmic impact assessments and oversight councils. Global regulatory convergence: Privacy is now tied to ESG, appearing in sustainability reports and risk disclosures. Data sovereignty laws are reshaping cross-border operations. Static controls can’t keep pace with today’s data flows. Real-time monitoring, automated controls, and AI-augmented privacy ops are turning governance into a living, breathing capability. This shift is like trading a rearview mirror for a radar system. Instead of reacting to last quarter’s risks, adaptive governance scans the horizon and steers the enterprise toward trust and resilience. Ready to integrate privacy into your ERM program with confidence? Integrating Privacy into ERM and equip your team with proven frameworks, benchmarks, and governance tools. Privacy as a cornerstone of enterprise resilience Privacy isn’t a compliance add-on anymore. It’s a cornerstone of enterprise resilience, defining how organizations innovate, expand, and build trust. By embedding privacy into ERM, leaders make faster decisions, face fewer surprises, and gain a stronger competitive advantage. For privacy professionals, this isn’t about learning something new. It’s about claiming the authority you already hold. You are the strategist who turns privacy from a regulatory burden into a business enabler. Integrate, operationalize, and lead. The enterprise is ready. Simple Governance. Scalable Compliance. Automate compliance tracking across 130+ laws, benchmark maturity, and deliver board-ready dashboards with PrivacyCentral. Smarter Mapping. Stronger Risk Insights. Instantly build data inventories, run DPIAs, and surface cross-border and AI risks, so you can operationalize privacy inside your enterprise risk framework with confidence. ==================================================================================================== URL: https://trustarc.com/resource/webinar-migration-to-trustarc-what-your-journey-will-look-like/ TITLE: Migration to TrustArc: What Your Journey Will Look Like TYPE: resource --- Migration to TrustArc: What Your Journey Will Look Like Are you looking to move away from your current data privacy vendor and seek alternatives? If that is the case, you might fear the migration process being too heavy and complex. Furthermore, you probably wish to ensure that data is moved accurately, in a timely manner, and without disruption to ongoing privacy operations – rightly so! At TrustArc, we understand that each migration is a little different and we want to ensure that through the discovery and planning process we understand critical path items, your priorities, and your future state vision. After years of experience handling data exports from numerous organizations, we refined our migration process so that it meets the needs of every client and makes it easy for every organization, whatever its data privacy management history. We are committed to ensuring that you meet your program’s needs and objectives and helping you get more out of your privacy technology! will share their experience with the collaborative, personalized approach to developing an appropriate and realistic migration game plan to TrustArc solutions. This webinar will review: The different steps of the migration process to TrustArc solutions TrustArc migration process differentiators compared to other data privacy vendors How the TrustArc team supports your organization every step of your privacy journey through implementation, data migration, and configuration VP, Customer Success & Implementation, TrustArc Global Head of Data Privacy, Navitas ==================================================================================================== URL: https://trustarc.com/resource/age-verification-privacy-professionals-playbook/ TITLE: How to Implement Privacy-Safe Age Verification | TrustArc TYPE: resource --- The conversation around age verification has shifted from a fringe compliance issue to a board-level concern. With courts, regulators, and lawmakers accelerating online safety measures worldwide, privacy leaders are finding themselves at the center of one of the most complex balancing acts of our time: how to protect children without normalizing surveillance. Age verification is no longer about “Are you over 18? Click yes or no.” It’s about building systems that satisfy regulators, preserve , and keep businesses out of multimillion-dollar penalty headlines. For privacy professionals, this is an opportunity to lead, not just to comply. Why age verification laws and online safety standards matter now The urgency is unmistakable. In the United States, the Supreme Court’s decision in Free Speech Coalition Inc. v. Texas Attorney General to take effect. The Court found that the law, which requires websites hosting a substantial share of sexually explicit content to verify user ages, only incidentally burdens adults’ free speech and does not violate the First Amendment. Meanwhile, countries like France are pioneering “double anonymity” standards, and Australia’s Online Safety Act will soon mandate age checks on social media. The trend is clear: self-declaration is increasingly viewed as inadequate, and enforcement expectations are rising. For privacy leaders, this shift brings a dual imperative. On one hand, organizations must protect minors from harmful content in line with new laws. On the other hand, they must defend fundamental rights , ensuring solutions don’t expand into permanent identity checks that chill speech or disproportionately impact marginalized communities. . While many laws target pornography or social media, the underlying logic could easily spill over into gaming, health information, or political content. The stakes are high in both compliance and ethics. Age assurance, verification, and estimation: Key definitions for privacy pros Language matters. Regulators and technologists draw sharp distinctions between age assurance, verification, and estimation: is the umbrella term, covering any method that gauges whether a user is likely a child. is more precise, requiring a reliable check—often through a credential or third-party proof. utilizes probabilities (e.g., facial analysis) to determine whether an individual is above or below a specified threshold. Privacy leaders should favor (“18+ or not”) rather than demanding exact dates of birth. The less personal data collected, the lower the risk of linkability or misuse. Responsibility can also be distributed across different layers, including device manufacturers, app stores, platforms, or independent verifiers. Each model carries trade-offs in accountability and risk concentration. Privacy risks in age verification: Data minimization, linkability, and equity The biggest challenge isn’t age verification itself. It’s what gets normalized in the process. Poorly designed systems can create digital dossiers that last forever. is non-negotiable. Collect If persistent tokens track users across sites , age verification morphs into a surveillance tool. must stay front and center. Systems dependent on passports, bank accounts, or high-end smartphones risk excluding unhoused, undocumented, or low-income users. And there’s a systemic dimension: when age verification undermines anonymous access, it doesn’t just affect kids. It reshapes civic participation, health access, and free expression. Privacy pros must design to prevent today’s safety fix from becoming tomorrow’s surveillance state. Global age verification laws and compliance patchwork If privacy law already feels like a patchwork quilt, age verification adds another layer of stitching. The trendline is clear: jurisdictions are diverging in scope, methods, and enforcement. North America: COPPA 2.0, state AADCs, and Canada’s cautious stance Congress is debating COPPA 2.0 and the Kids Online Safety Act , while states from Nebraska to Vermont are advancing Age-Appropriate Design Codes with notably different scopes. However, some laws are still under litigation or not yet in force. The Supreme Court’s Texas ruling effectively greenlit more state-level mandates. Canada, meanwhile, has resisted mandates so far, with its privacy commissioner urging proportionality and privacy-by-design. United Kingdom: Children’s Code and the Online Safety Act The U.K. remains a global leader with its Age Appropriate Design Code and Online Safety Act. Together, they require “highly effective” age assurance, but regulators like Ofcom and the ICO insist on proportionality, fairness, and user trust—not blanket ID checks. European Union and member states: From DSA to France’s “double anonymity” EU’s Digital Services Act is pushing proportionate age assurance across digital platforms, with pilots tied to the EU Digital Identity Wallet. France has gone further, mandating “double anonymity,” meaning the site never learns your identity and the verifier never learns the site. Noncompliance can, in some cases, bring penalties of up to 2% of global turnover, as proposed under current standards. Asia-Pacific: Australia sets a bold precedent Australia’s Online Safety Act is expected to require platforms to prevent under-16s from accessing social media, with details and timelines still dependent on regulation and technological readiness. To prepare, regulators ran national trials of age-assurance technologies, underscoring the expectation that platforms, not parents, shoulder the compliance burden. Latin America and Africa: Emerging but influential and child protection laws require parental consent for minors’ data, while Chile is advancing pending reforms to strengthen protections for children online. In Africa, Kenya, Nigeria, and Rwanda are experimenting with parental-consent and age-appropriate design models, with Nigeria’s draft Data Protection Bill expected to formalize age-verification obligations. These regions may not have the enforcement weight of the EU or the U.S., but their evolving frameworks will influence how global platforms shape inclusive compliance. Effective age verification technologies: From facial estimation to zero-knowledge proofs Not all technologies are created equal. Some approaches are widely considered high risk and discouraged by regulators and privacy advocates, such as direct government ID collection by publishers or broad biometric harvesting, though not always prohibited outright. Others offer a middle ground: uses probability without identity storage. Third-party photo ID matching: keeps publishers away from raw data. Open banking and MNO checks: transitional, but effective in certain contexts. often described as the holy grail— proving “18+” without revealing identity or linking activity across services. Adoption is still experimental, but early pilots suggest strong potential if technical and regulatory hurdles can be overcome. Think of it less like a bouncer with a clipboard and more like one with a velvet rope: you prove you belong, and the details disappear. How to design privacy-first age assurance systems (Privacy by Design) Privacy leaders know the drill: embed privacy early, not as an afterthought. Data Protection Impact Assessment (DPIA) tailored to age assurance. Map risks of identifiability, accessibility, and exclusion. Choose proportionate, risk-based methods. High-risk content needs stronger checks than low-risk services. Engineer for minimization and unlinkability. Use ephemeral tokens, short retention windows, and strict data segregation. Build transparency and parental controls. Communicate purpose clearly, and design contestable, human-reviewed flows. Prove reliability and fairness. Audit for accuracy across age, gender, and ethnicity. Publish model cards. Train internal teams and engage with NGOs, regulators, and families. This isn’t box-checking. It’s future-proofing. Governance and accountability in age verification compliance The governance model must match the stakes. Create a decision matrix aligning content risk with assurance strength. Define clear RACI accountability: Privacy teams lead DPIAs, Product manages design, Security hardens controls, and Legal maps jurisdictions. Flag high-risk markets (like France) for special handling. And don’t forget change management: monitor evolving standards, from EU wallet pilots to state Age Appropriate Design Codes (AADCs), and adjust governance accordingly. Age verification implementation checklist for privacy teams Implementation is where vision meets friction. Use this five-phase checklist: DPIA, vendor selection, jurisdictional scoping. Privacy-enhancing tech, anti-linkability, accessible UX. Clear notices, appeals, parental flows. Rotate keys, minimize logs, conduct bias audits. Drill incidents, refresh quarterly on legal/tech changes. In practice, regulators increasingly expect documentation, not just promises. How to measure success: Privacy, safety, and inclusion metrics Success in age verification isn’t just about flipping the compliance switch. It’s about proving that your system delivers on its promises. Regulators and boards alike will ask the same question: Can you show it works? Can you demonstrate that minors are actually being shielded from age-restricted content? Proxy measures, like reductions in exposure or fewer flagged incidents, can help make the case. . Error rates tell a powerful story, especially when broken down by demographic cohorts. High false positives can erode trust just as quickly as false negatives. . Track how many users abandon flows, how many lack IDs, and how accessible your alternatives are. A system that excludes is not a system that succeeds. measure privacy outcomes and perception. This includes how long you retain data, how often linkage incidents occur (ideally, zero), and whether third-party data exposure remains secure. Just as important is stakeholder sentiment: the feedback loop from regulators, civil society, and advocacy groups can serve as a reputational early-warning system. The numbers matter. But the narrative—safety strengthened, privacy preserved, inclusion respected—is what transforms raw data into proof of leadership. Future of age verification: Privacy-preserving standards, digital ID wallets, and equity by design The next decade will likely see continued experimentation with privacy-preserving standards. While some regions are piloting models like double anonymity, zero-knowledge proofs, and EU-backed digital ID wallets, these technologies are still in the early stages of adoption. Approaches remain divergent across jurisdictions, and true global convergence is uncertain in the near term. What is clear is the momentum toward stronger privacy-preserving methods. Platforms may also bear greater responsibility, with app stores and device makers increasingly drawn into the compliance net. Equity will also become the new north star. Success will not be judged on accuracy alone but on inclusivity: Can solutions work for the unbanked, undocumented, or those with limited digital access? The leaders in this space will be the ones who design with dignity in mind. At its core, age verification sits at the intersection of safety, privacy, and equity. Done poorly, it risks turning the internet into a checkpoint state. Done well, it demonstrates that privacy leaders are architects of digital trust. Your role is clear: design systems that protect the most vulnerable without compromising the rights of all. The rules are shifting quickly, but with the right playbook, privacy professionals can lead organizations into a future where safety and privacy are not in conflict but in alignment. Privacy Rights, Verified and Automated. Take the complexity out of age and identity checks. With Individual Rights Manager, automate verification steps, streamline DSR workflows, and prove compliance with evolving laws. Risk Mapping, Done Right. Instantly build data inventories, run DPIAs, and surface hidden risks across jurisdictions to ensure your age assurance programs are compliant, equitable, and future-proof. Age verification FAQs for Privacy teams Is self-declaration ever compliant? No. Regulators from the U.K. to France to California have been unequivocal: a checkbox or typed-in birthdate is not “highly effective.” Self-declaration may have been acceptable a decade ago, but in today’s environment it signals weak governance. Using it as a fallback exposes organizations to regulatory, reputational, and even constitutional challenges. Do we need to collect IDs? Not necessarily. Collecting government-issued IDs directly introduces serious breach and exposure risks. A stronger approach is to use independent third parties or cryptographic proofs that confirm age without requiring the disclosure of identity. France’s “double anonymity” model is widely cited as the leading standard: the verifier never knows the site, and the site never knows the identity. It depends on context, proportionality, and accuracy. Regulators are increasingly open to facial age estimation that does not uniquely identify the individual. But broad biometric collection, such as facial recognition tied to identity, is discouraged or outright prohibited in many jurisdictions. If biometrics are used, privacy teams must demonstrate fairness across demographics and document error rates. The burden is shifting upstream. Legislators are experimenting with platform-level, app-store-level, and device-level verification models. This reduces duplication, centralizes risk, and potentially creates more consistent user experiences. Still, many laws keep service-level accountability, meaning organizations cannot fully outsource responsibility. How do we avoid linkability? Use ephemeral tokens that expire quickly, architect systems so verifiers and services cannot combine data, and segregate duties internally. Avoid persistent identifiers at all costs. Double-blind verification methods, including zero-knowledge proofs, are increasingly viewed as best practice. What about users without IDs? This is a critical inclusion issue. Many users who are unhoused, undocumented, unbanked, or under-resourced may not have government IDs or credit cards. Effective systems must provide low-friction alternatives, such as mobile network operator checks, facial estimation, or community-based proofs. Regulators will scrutinize exclusion just as much as weak verification. What’s the role of audits and certification? Although not always mandatory, independent audits and certifications are quickly becoming de facto requirements in high-risk jurisdictions. Publishing transparency reports, documenting false positives/negatives, and sharing bias mitigation strategies can strengthen trust with both regulators and the public. Will standards converge globally? Not in the near term. Jurisdictions are moving in different directions, with the EU exploring digital ID wallet pilots, France advancing double anonymity, and the U.K. setting a ‘highly effective’ benchmark. While these experiments all emphasize privacy-preserving approaches, true global convergence is unlikely soon. Instead, privacy teams should prepare for a fragmented landscape where regional standards evolve in parallel. ==================================================================================================== URL: https://trustarc.com/resource/automate-privacy-program-management-privacycentral/ TITLE: Data Privacy Automation with PrivacyCentral | TrustArc TYPE: resource --- Cut compliance costs and complexity with PrivacyCentral’s AI-powered automation is a privacy program management tool by TrustArc with pre-built regulatory and compliance controls to support an organization’s priorities, planning, readiness, and demonstration of compliance. It reduces risk and repetitive manual work while giving privacy teams real-time clarity and control when managing their organization’s privacy journey. And that journey is more critical than ever. Data privacy has become a defining concern for modern businesses—not just for compliance but also for customer trust and competitive advantage. According to a , 75% of consumers won’t purchase from organizations they don’t trust with their data. Meanwhile, data privacy laws cover of the world’s population. Another study found that nearly of organizations enjoy significant business benefits from stronger privacy practices. Many feel that data privacy is the greatest obstacle to leveraging data. Despite these high stakes, 80% of privacy professionals not confident in their organization’s compliance with privacy laws. And yet, they have to enforce policies and guide teams while grappling with disjointed, repetitive, and manual processes built on static assessments. That’s where PrivacyCentral comes in—closing the gap between privacy ambition and operational reality through automation. Here’s how.. How PrivacyCentral automates data privacy compliance “In 2025, privacy teams are expected to do much more with limited time, smaller teams, and fewer resources, ” said Jason Wesbecher, CEO of TrustArc. “Too many organizations rely on fragmented and manual processes that can’t scale or adapt as global laws multiply and change. TrustArc built PrivacyCentral for these organizations. It combines AI-driven automation and controls maintained by our in-house privacy experts in a single system, reducing risk and time to compliance.” The platform includes real-time benchmarking capabilities so privacy program managers, privacy officers, compliance managers, and other privacy professionals can view, compare, and automate data privacy based on priorities that matter to their organization. By leveraging AI, PrivacyCentral by TrustArc conducts automated, intelligent evaluations of a company’s compliance according to global standards, laws, and regulations, including , and others worldwide. These evaluations work seamlessly with other TrustArc applications like , and more, delivering continuous, contextual, and actionable insights for privacy program managers. In effect, PrivacyCentral helps privacy program managers to: Save time by continually detecting, analyzing, and determining which regulations will likely apply to a company’s data. PrivacyCentral helps privacy teams prioritize each law, set timelines, assign owners, adjust plans, and evaluate detailed KPIs. Increase efficiency by simultaneously evaluating requirements, evidence, and accountability mechanisms across all relevant laws and regulations. Prioritize and manage privacy management activities for compliance with over 125+ global standards. Identify and evaluate strengths in their evidence and clarify regulatory requirements without resorting to expensive external legal consultation. PricewaterhouseCoopers showed that 88% of global companies report that GDPR compliance costs their organization more than $1 million annually. Ready to see how PrivacyCentral can simplify your compliance? Key capabilities that power smarter privacy programs Here are the features designed for real-world privacy complexity: Automated Law & Control Mapping Auto-detect which privacy laws apply based on your organization profile If your company is based in Canada and conducts all business and data transactions in EU countries, PIPEDA and GDPR apply. Map common controls across different laws The Data Minimization principle applies across both GDPR and CCPA laws Program Overview + Privacy Journey Dashboard Visualize compliance progress and effectiveness at a glance with visual dashboards. Assign specific privacy laws, controls, or tasks to each business unit and track their individual compliance status Your California subsidiary will be subject to CCPA but not GDPR Evaluate uploaded evidence and accountability mechanisms. Get an AI Evidence Score and actionable recommendations to improve evidence quality. You have to upload 25+ evidence items for the new Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA). Items may include admin safeguards, risk assessments, etc. Automatically map documents to the proper accountability mechanisms Uploading your company’s privacy policy will classify it as evidence for controls under GDPR, PIPEDA, and CCPA. No manual tagging needed. Centralized Evidence and Accountability Mechanism Library Store, access, and link all evidence in one repository, connecting them to accountability mechanisms and controls in regulations Reporting, KPIs, and Benchmarking Customize and export reports for executives, auditors, and stakeholders Note: Using NymityAI requires a Nymity Research license Query NymityAI for simple language clarifications of legal terms and requirements in-situ based on 25+ years of the TrustArc Privacy Knowledge Team’s experience Can be invoked at any time Customers celebrate TrustArc’s ability to automate data privacy compliance PrivacyCentral is loved by privacy teams around the world. Johnson Controls is one of those organizations. “Johnson Controls is committed to transparency in serving its customers,” said Sachin Kothari, Vice President and Chief Privacy Officer. “TrustArc has enabled us to bolster our data privacy efforts with its industry-leading technology and expertise, with the support of TrustArc’s platform and team.” Teknor Apex, a global chemical company, turned to to map, understand, and validate compliance around customer data handling for GDPR compliance. Ray Rockefeller, Director of Data Privacy, explained: “Being a compliant organization fully committed to protecting our employees and business partners and enhancing the communities we operate in lies at the heart of who we are. It is simply the right thing to do.” See what automated privacy compliance Data privacy isn’t getting any easier. The laws are multiplying. The expectations are rising. And the room for error is shrinking. PrivacyCentral gives you the automation advantage—streamlining compliance across 125+ global laws, eliminating redundant work, and empowering your team to focus on what matters most: building trust, proving accountability, and enabling innovation without friction. You don’t need more spreadsheets. You need a smarter, scalable system designed for real-world privacy teams. Ready to close the confidence gap? and see how you can finally manage your privacy program from one powerful, AI-powered platform. How PrivacyCentral Helps You Keep Pace with Global Privacy Laws ==================================================================================================== URL: https://trustarc.com/resource/cross-device-tracking-issues/ TITLE: Cross-Device Tracking in a Privacy-First World | TrustArc TYPE: resource --- As a privacy leader, you’re reshaping business strategy by striking a balance between growth and governance. Your mandate is clear: deliver sharper customer intelligence while protecting the trust that defines your organization’s credibility. Cross-device tracking is where those mandates collide, where opportunity and obligation meet and sometimes clash. This article examines the intersection of innovation and accountability in cross-device tracking, exploring what it is, how it operates, where privacy risks emerge, and how to develop a compliant, transparent, and defensible approach that enables business insights without compromising individual rights. What cross-device tracking is (and why it’s so powerful) Cross-device tracking, also known as cross-device identity resolution, links a person’s activity across multiple devices —including phones, laptops, tablets, connected TVs, and other devices — to create a unified view of the same user. Two core approaches power most systems: users identify themselves (for example, by logging in with the same account), allowing platforms to connect devices with high confidence. systems infer likely connections using signals such as IP address, device type, location patterns, and timing. It’s statistical, not certain. Regulators and privacy professionals have scrutinized these practices since the mid-2010s, including the FTC’s 2015 workshop and , which summarized the benefits (measurement, fraud reduction, seamless experiences) and risks (opacity, limited control, sensitive-data exposure). From a business perspective, cross-device tracking reduces waste by avoiding repetitive ads to the same user, improves analytics through multi-device attribution, and smooths customer experiences so the cart started on mobile appears on desktop. From a privacy perspective, it can aggregate sensitive signals, extend profiling beyond user expectations, and challenge traditional notions of notice and choice. Tracking technologies evolve quickly and directly affect compliance outcomes, requiring ongoing oversight and program maturity. The power of cross-device tracking comes with proportional responsibility. Privacy leaders must ensure it’s used in ways that strengthen both business insight and individual trust. How device graphs connect identities across channels as the casting director for your customer storyline. It maintains the “who’s who” of devices and identifiers that likely belong to the same person or household and keeps that graph fresh as signals shift. blends deterministic and probabilistic links to build clusters of related identifiers. Cross-channel integration pulls data from web, app, CTV, and even IoT contexts to unify interactions across channels. add and drop edges as evidence changes, pruning stale links to improve accuracy. Trackers, SDKs, and pixels often serve as the data foundation for device graphs. To maintain compliance, organizations must evolve their governance, vendor oversight, , and risk assessment alongside the technology. For privacy teams, a device graph is only as compliant as its weakest node. If one channel collects data without proper consent, it can contaminate the entire cluster. The graph becomes not just an engineering artifact but a compliance surface area you must monitor. Cross-device tracking and the privacy paradox: balancing insight with accountability You’ve heard the boardroom brief: “Know the customer. Personalize the journey. Prove the ROI.” And you’ve read the regulator’s rebuttal: “Be transparent. Minimize data. Honor choice.” That’s the push-pull of modern data strategy: insight without intrusion. For privacy professionals, the challenge isn’t choosing between innovation and compliance. It’s mastering both. Cross-device tracking can be a powerful tool for understanding the customer journey, but it also magnifies longstanding privacy concerns in new, complex ways. The most pressing risks often stem from how the data is collected, connected, and controlled: Transparency and control gaps: probabilistic methods often operate behind the scenes, making it hard for users to understand how they’re linked or to meaningfully opt out. Effective privacy programs pair transparency with technical accuracy, ensuring that notices and opt-outs reflect the real mechanics of cross-device tracking. cross-device contexts can accumulate location, health-adjacent, and financial-adjacent signals quickly, heightening risk if processes don’t filter or silo sensitive categories. Regulators emphasize the importance of limiting sensitive data and enforcing truthful disclosures. Accountability blind spots: complex vendor webs, including ad tech, analytics, and consent tools, create ambiguity in accountability. Evolving interpretations under California law, including “share” (cross-context behavioral advertising) and “sell,” can turn a single tag into a compliance trigger. Managing cross-device data is like conducting an orchestra. Each instrument, every device, and data source plays its part, but they all need to follow the same score. When one section plays off-sheet or out of sync—your consent notice, for instance—the harmony turns to noise and the audience stops listening. Privacy challenges you must anticipate (and out-maneuver) Users rarely see the stitching. Consent interfaces often describe cookies, not cross-device logic. Privacy notices should use plain language and accurately describe how cross-device tracking actually works, not just how it’s presented in theory. Some consumer controls focus on ad personalization and may not cover all tracking mechanisms used for cross-device linking. The FTC has stressed that if an opt-out is limited, the limits must be clearly disclosed. Data minimization and retention Graphs can sprawl, and stale links linger. Without disciplined retention and deletion , risk accumulates. Mature privacy programs address this by inventorying trackers, managing vendor risk, and applying data minimization at every stage of processing. sets legal bases, transparency duties, security, and data subject rights; adds “sell” and “share” opt-outs (including honoring certain browser-based signals); and the EU ePrivacy Directive (Art. 5(3)) requires consent for storing or accessing information on a user’s device (e.g., cookies/trackers). Each has cross-device implications. The more identifiers you connect, the larger the blast radius if something breaks. Governance isn’t a chore; it’s your containment strategy. Privacy-preserving alternatives for the future (without sacrificing insight) Forward-thinking programs don’t choose between performance and privacy; they engineer for both. Consider this menu of modern tactics: Consent-anchored deterministic links: treat login-based linking as a privilege, not a default. It should be tied to explicit, informed consent and a clear value exchange, such as saved carts or loyalty benefits. Consent orchestration and vendor accountability must remain consistent across all devices and data flows. collect fewer signals for fewer purposes over shorter windows. “Just in time” beats “just in case.” Strong tracking governance practices should include clear guardrails, such as per-purpose retention and regular data reviews. Clean rooms and controlled joins: move from free-form sharing to controlled computation. The principle remains constant: limit raw data exposure while enabling aggregate insights. build protections into architecture through role-based access, purpose flags, differential reporting, and local processing when feasible. The Future of Privacy Forum promotes privacy-enhancing techniques that minimize harm while maintaining utility. Choice that actually works: offer opt-outs that affect linking, not just ad personalization. Say what the control does, do what you say, and keep evidence. —Privacy-Enhancing Tactics that make engineering proud and regulators pleased. How to build a privacy-compliant cross-device strategy (you can defend and deploy) 1. Start with a living map of your tracking tech Inventory every pixel, SDK, and tag across web, app, and CTV. Document what each collects, where it sends data, and which identifiers it touches. Our Ultimate Guide to Understanding Online Tracker Technology offers a practical starting point for aligning marketing, engineering, and legal teams around tracker and ad tech vendor management. 2. Align truth in UX with truth in tech Your privacy notice, consent banners, and preference center should accurately represent your data practices, including deterministic linking, probabilistic inference, device graphs, and downstream sharing. Disclosures and user controls must align with operational reality to meet regulatory expectations. 3. Design consent for context and consequence Move beyond one-size-fits-all consent. Offer layered, purpose-based choices—measurement vs. personalization vs. cross-device linking. Respect regional rules and platform constraints. Make withdrawals as easy as opting in, and sync preferences across devices. 4. Minimize, segment, and set sunsets Minimize the attributes in your graph and prefer pseudonymous signals when possible. Segment sensitive categories, such as location, health-related, or children’s data, with stricter gates or exclusions. Sunset stale edges with automated retention policies; if a link hasn’t been reinforced, retire it. 5. Govern vendors like part of your product Bake privacy requirements into contracts and due diligence: permitted purposes, subprocessor visibility, security standards, deletion SLAs, audit rights, and incident duties. Our Ultimate Guide to Understanding Online Tracker Technology provides practical blueprints for embedding vendor accountability into day-to-day operations. 6. Prove it: DPIAs, records, and reviews Cross-device tracking should undergo regular risk assessments (DPIA or PIA) that document lawful basis, necessity, alternatives, and mitigations. Mature privacy programs continually operationalize these reviews, ensuring compliance keeps pace with product innovation. 7. Make opt-out consequential When a user opts out of cross-device linking, it actually stops linking. Suppress both personalization and stitching where the law or your promises require it. Keep a test harness and regularly verify behavior. 8. Educate the enterprise Create a simple explainer, a one-page diagram of your device graph, signals, and controls. Train engineers, product managers, marketers, and support. When everyone understands the “why,” they preserve the “how.” 9. Monitor, measure, and iterate Track metrics that matter: : consent rates, opt-out efficacy, retention execution, and subject rights SLAs. : false-link rate, link decay, and re-verification cadence. : complaints, regulator inquiries, and sentiment. 10. Prepare your playbook for questions “How do we know this is safe?” “How do you honor choice?” Keep your answers short and specific, supported by logs and design documentation. Cross-device tracking strategies you can activate this quarter when users log in, present a concise toggle: “Allow us to connect your devices for a consistent experience across phone, laptop, and TV.” Link to an explainer with diagrams and data categories. nightly automation trims weak edges, such as probabilistic links older than 30 days without reinforcement. when a user opts out on one device, propagate the signal to your graph so it halts new links and decays existing ones. quarterly review of third-party SDK updates and data destinations; revoke anything that drifts from stated purposes. These moves are modest in scope but mighty in effect: small hinges that swing big doors. Leading cross-device tracking programs with insight and integrity Privacy professionals aren’t the department of “no.” You’re the discipline of “know”: know the rules, know the risks, know the right way forward . Cross-device tracking isn’t going away, but cavalier practices are. The path ahead belongs to teams who can prove they’re precise, transparent, consent-anchored, and accountable. As alternative tracking technologies emerge, privacy leaders face a dual challenge: Managing online trackers in compliance with evolving privacy regulations. for data processing and personalization. Organizations can future-proof their cross-device and online tracking strategies by managing cookies, trackers, and user preferences through TrustArc’s integrated privacy solutions, designed to scale with regulatory change and user expectations: Obtain and manage tracker consents across devices with server-side tag integrations and zero-load best practices. Automate regular tracker scans (covering pixel tags, beacons, HTML5 local storage, HTTPS/JavaScript cookies, and more) and generate on-demand compliance reports, such as CCPA tracker summaries. Strengthen advertising compliance with built-in support for Global Privacy Controls (GPC), IAB TCF and GPP frameworks, and Google Consent Mode, for which TrustArc is a certified CMP. Website Monitoring Manager Enhance tracker scanning, auditing, and reporting across your digital properties. Website Monitoring Manager delivers on-demand compliance risk reports and regular automated scans of tracker vendors, simplifying reviews to ensure adherence to global privacy regulations such as the GDPR, CCPA, and FTC guidelines. Consent & Preference Manager Centralize user consent across systems by capturing and syncing first-party data consents across third-party platforms. This universal repository enables tag managers to align tracker technologies with recorded user consents and allows ad publishers to retrieve real-time consent status for addressable media. Demonstrate your advertising privacy compliance when leveraging addressable media identifiers. provides an independent, cost-effective assessment that assures partners and customers your interest-based advertising practices align with industry standards and privacy expectations. As privacy regulations tighten and user awareness grows, effective tracker management and transparent consent practices are no longer optional—they’re central to maintaining consumer trust and global compliance readiness. Assess your cross-device tracking ecosystem with TrustArc’s privacy tools to align transparency, consent, and governance across all devices and channels. ==================================================================================================== URL: https://trustarc.com/resource/ai-compliance-handbook/ TITLE: AI Compliance Handbook | TrustArc TYPE: resource --- Navigate Global AI Laws with Confidence: The Complete Compliance Guide Artificial intelligence is rewriting the rulebook for privacy, security, and compliance. From the EU AI Act to U.S. state laws like Colorado’s SB24-205, organizations face an expanding mosaic of AI regulations—each demanding accountability, transparency, and ethical governance. TrustArc’s AI Compliance Handbook breaks down what it takes to stay compliant across multiple jurisdictions and operationalize responsible AI within your privacy program. Inside, you’ll learn how to integrate AI laws into your existing privacy framework, streamline governance with TrustArc tools, and build a defensible compliance strategy that scales globally. Whether you’re a privacy leader, risk officer, or technology executive, this guide serves as your blueprint for transforming AI risk into AI readiness. Map AI laws across jurisdictions : Understand overlapping regulatory requirements, from the EU AI Act to emerging U.S. and APAC frameworks. Operationalize compliance with accountability : Leverage Nymity’s Privacy Management Accountability Framework™ and TrustArc’s Responsible AI Program. Streamline governance and certification : Use PrivacyCentral, Assessment Manager, and Responsible AI Certification to demonstrate compliance with confidence. “In 2025, 137 countries now have national data privacy laws—covering 6.3 billion people, or 79% of the global population.” ==================================================================================================== URL: https://trustarc.com/resource/what-is-consent-management-the-ultimate-guide/ TITLE: What is Consent Management? The Ultimate Guide | TrustArc TYPE: resource --- Why consent is a big deal in data privacy Remember when pop-up ads were the biggest internet annoyance? Today, that honor goes to cookie banners and consent prompts—except this time, they’re not just an irritation but a legal necessity. Consent management is the backbone of privacy compliance. It ensures organizations obtain, track, and honor user consent when processing personal data. Without a solid consent management strategy , businesses risk fines, lawsuits, and, perhaps worst of all, loss of customer trust. What is consent management? Consent management refers to the processes and tools that allow organizations to request, collect, and store user consent for data collection and processing. A Consent Management Platform (CMP) helps businesses comply with laws like the General Data Protection Regulation (GDPR) California Consumer Privacy Act (CCPA) by managing user preferences across websites, apps, and marketing platforms​. At its core, consent management involves: Explicit opt-in or opt-out based on jurisdiction. Allowing users to modify their data-sharing settings. Recording consent to prove compliance. Without these elements, businesses could violate global privacy laws, exposing themselves to fines, legal disputes, and customer backlash. Why consent management is non-negotiable Failing to manage user consent properly isn’t just a regulatory misstep—it’s a direct threat to a company’s financial stability and reputation. Legal risks: GDPR fines, CCPA lawsuits, and reputational damage Regulators don’t mess around when it comes to consent violations. can reach €20 million or 4% of annual global revenue, whichever is higher​. The CCPA grants California consumers the right to sue companies that fail to respect opt-outs for data sales or sharing. Recent enforcement actions include: under CCPA for failing to disclose the sale of personal information and not honoring Global Privacy Control (GPC) signals. The Belgian Data Protection Authority fined , ruling that its Transparency and Consent Framework (TCF) failed to meet GDPR compliance standards for data processing​. Beyond fines, the real damage comes from reputational harm. Once customers lose trust, they switch brands—often permanently. User trust: How transparency drives customer loyalty Would you trust a company that secretly tracks your every move without your consent? Neither would your customers. remain loyal to brands that prioritize data transparency​. A privacy-first approach offers businesses a competitive edge, boosting brand trust and customer loyalty. Companies that clearly explain their data practices and give users control earn a reputation for being more ethical and responsible. Apple’s App Tracking Transparency (ATT) framework forced apps to request explicit permission before tracking users. While some advertisers complained, Apple saw a significant trust boost, with 50% of app users opting out of tracking Core components of consent management Effective consent management doesn’t stop at collecting permissions; it’s about maintaining ongoing transparency and control. With preference management, you can: Offer straightforward, easy-to-use controls for opt-ins and opt-outs. Provide granular choices (e.g., marketing emails, targeted advertising, analytics tracking). Be accessible across devices (web, mobile apps, smart devices). Keep consent and preferences synchronized across marketing and CRM platforms like Hubspot and Salesforce. Consent interface design considerations A poorly designed consent interface can invalidate user consent. Privacy regulators penalize companies for: Pre-checked boxes (GDPR violation). that mislead users into opting in. Complicated opt-out processes that frustrate users. Ensure opt-in and opt-out buttons are equal in size & visibility. Use plain language instead of legal jargon. Enable persistent access so users can modify consent at any time. Granular consent collection (cookies, email, offline data) Consent management is about more than cookie banners. Different data types require different consent approaches. A for web tracking is just one piece of the puzzle. Businesses must also manage the following: Website cookies and trackers (Google Analytics, Meta Pixel, etc.). Mobile app permissions (location tracking, push notifications). Email marketing opt-ins (explicit consent under GDPR). Offline data collection (in-store purchases, event sign-ups). A comprehensive consent management solution should cover , ensuring digital and physical channel compliance. Dynamic preference centers and opt-out mechanisms Users should be able to change their privacy settings as easily as they change a password. With preference management, users can review and update their choices in real time. An effective preference management system should include: An easy way to withdraw consent (one-click opt-outs). Granular choices for different data uses (marketing, analytics, advertising). Regional compliance settings (GDPR, CCPA, LGPD, etc.). Companies should build user-friendly privacy dashboards that allow individuals to adjust communication preferences, manage tracking options, and review past consent choices. Consent management vs. Privacy management: What’s the difference? Many businesses confuse consent management with privacy management—but they’re different. Consent management = Obtaining, tracking, and storing user permissions for data collection. Privacy management = A broader strategy for data protection, governance, and risk mitigation. While consent management focuses on user permission, privacy management includes data security, , and compliance audits​. Why consent is the gateway to global compliance is a cornerstone of compliance with global privacy regulations for several reasons: The GDPR requires explicit consent for processing special categories of data, including data transfers to third countries without safeguards and automated decision-making, including profiling. Requiring explicit consent ensures that individuals fully understand and actively agree to how their data is used. While the CCPA primarily focused on opt-out rights, explicit consent is still crucial for processing sensitive personal information. Explicit consent ensures users receive clear, concise, and understandable information about how their data is used, enabling them to make informed decisions. It also empowers individuals by giving them control over personal data, ensuring they actively agree to data processing rather than being passively included through default settings or ambiguous terms. Explicit consent helps organizations demonstrate compliance, reducing legal risks and potential penalties. Adhering to explicit consent requirements builds consumer trust by committing to data privacy and security. Organizations must maintain detailed records of consent, including when and how consent was obtained and what information was provided to users. Regulations like the GDPR require that withdrawing consent must be as easy as giving it, ensuring users retain control over their personal data. A global business needs a to different legal frameworks while ensuring compliance in every region​. How to implement a Consent Management Platform (CMP) Setting up a CMP requires more than slapping a banner on your website. It demands strategic integration with content management systems (CMS), CRM platforms, and marketing tools. Step 1: Audit data collection points (web, apps, CRM) Before implementing a CMP, identify all data collection points: (Google Analytics, Facebook Pixel, etc.). Mobile app permissions (camera, microphone, GPS tracking). CRM and email marketing tools (HubSpot, Salesforce). Many businesses are shocked to discover hundreds of hidden trackers on their websites. Tools like TrustArc’s Website Monitoring Manager help organizations identify and classify all active cookies and third-party tags​. Step 2: Deploy customizable consent banners Provide clear choices (Accept All, Reject All, Customize). Support Global Privacy Control (GPC) signals​. A poorly designed banner can annoy users and increase opt-outs. For example, research shows that: 60% of users reject cookies if an easy “Reject All” button is available. Websites with deceptive patterns (e.g., hiding reject buttons) face higher complaints and fines​. Step 3: Automate record-keeping for audits Under GDPR, businesses must store consent records in case of an audit. A CMP automates this by: Logging timestamps of user consent. Storing IP-based location data for jurisdiction-based compliance. Integrating with AI-driven real-time compliance tracking​. Companies risk huge fines without proper record-keeping—as seen in the Sephora and Google cases​. AI-driven insights for real-time compliance AI-powered CMPs, like TrustArc’s Consent and Preference Manager , monitor real-time compliance and adjust data collection strategies based on evolving global privacy laws​. Key AI-powered features include: to comply with changing laws. to optimize opt-in rates. to prevent unauthorized data collection. Challenges in consent management Striking the right balance between personalization and privacy is one of the biggest challenges for businesses today. Consumers expect tailored experiences, yet increasingly strict privacy regulations limit how companies can collect and use personal data. Balancing personalization with privacy Businesses rely on targeted ads for revenue, but privacy laws demand explicit user consent. The challenge is how to personalize experiences without overstepping privacy boundaries. Contextual targeting (showing ads based on webpage content rather than user data). First-party data strategies (collecting data with direct user permission). AI-powered audience modeling (predicting user preferences without tracking). Managing consent across jurisdictions (GDPR vs. CCPA) The consent management process under the GDPR and CCPA has distinct requirements, reflecting the different scopes and objectives of these regulations: Requires freely given, specific, informed, and unambiguous user action. This must be as easy as giving it, with clear information provided upfront. Organizations must keep detailed records of who consented, when, and under what conditions. Users must be given a clear “Do Not Sell My Personal Information” option. Consumers must be informed about what data is collected and why at or before data collection. Global Privacy Control (GPC): Ensuring compliance across frameworks Develop comprehensive privacy notices that satisfy GDPR and CCPA transparency requirements. Data mapping and inventory: Identify and document all data flows to align with consent management rules. Consent Management Platforms (CMPs): Use CMPs to manage opt-ins and opt-outs efficiently Regular audits and training: Conduct audits to ensure compliance and train employees on evolving privacy obligations. Consent is the foundation of privacy compliance If privacy is the castle, consent is the drawbridge—without it, companies can’t protect themselves from legal risks or earn customer trust. A well-executed consent strategy is no longer optional—it’s the cost of doing business in a data-driven world. How NEJM transformed consent management with TrustArc The New England Journal of Medicine (NEJM) faced challenges with its previous consent management vendor, OneTrust: Lack of vendor support led to a non-functional consent tool. Uncertainty in compliance created inefficiencies and legal risks. Tag management issues complicated proper consent tracking​. A dedicated Technical Account Manager (TAM) ensured smooth implementation. The new CMP allowed seamless integration across NEJM’s platforms​. A well-implemented CMP doesn’t just ensure compliance—it builds trust and improves user experience​. Sick of your current privacy vendor? Find out how easy it is to make the switch! TrustArc’s Consent Management Solutions: A more innovative way to manage privacy compliance Even the most privacy-conscious organizations face challenges managing user consent across multiple channels, jurisdictions, and evolving regulations. TrustArc’s Consent & Preference Manager provides a centralized, scalable solution to simplify compliance, enhance user trust, and streamline consent orchestration across your entire ecosystem. Real-Time Adjustments, Maximum Accuracy Privacy regulations are constantly evolving, making manual compliance management unsustainable. TrustArc’s Consent Management Platform (CMP) eliminates guesswork by continuously monitoring regulatory changes and automating compliance updates. Automatic updates to align with evolving global privacy laws (GDPR, CCPA/CPRA, LGPD, PIPEDA, ePrivacy, and more) Behavioral analytics to optimize opt-in rates and improve user experience Anomaly detection to prevent unauthorized data collection and mitigate compliance risks TrustArc enables businesses to proactively adjust consent collection strategies by leveraging machine learning, ensuring seamless, always-up-to-date compliance. Build trust with transparent, user-centric consent experiences Consumers are more privacy-conscious than ever— 48% have switched providers due to privacy concerns. A confusing or restrictive consent experience can erode customer confidence, increase opt-outs, and damage brand reputation. TrustArc’s privacy-first approach empowers users with clear, accessible choices while ensuring compliance with global privacy laws. Seamless consent orchestration across platforms TrustArc’s automated consent synchronization enables businesses to: ✔ Collect, manage, and track user preferences in real time. ✔ Ensure compliance across web, mobile, email, and third-party vendors. ✔ Reduce manual effort through AI-powered compliance automation. TrustArc’s solution syncs consent data seamlessly with Adobe Experience Platform, HubSpot, Salesforce, Marketo, Mailchimp, and other marketing systems—giving businesses a single source of truth for consent preferences. Personalized consent, centralized control Unlike generic cookie banners, TrustArc’s Consent & Preference Manager gives users control over how their data is used to: View, update, and revoke consent in one place. Customize preferences for advertising, analytics, and data sharing. Access complete consent history for full transparency. and ADA accessibility guidelines, TrustArc ensures that every user—regardless of device or ability—has control over their privacy choices. Regulatory compliance without the complexity With privacy laws evolving rapidly, businesses need a future-proof approach to consent management. TrustArc helps organizations stay compliant by: Automating regulatory updates to match the latest privacy laws. Providing audit-ready consent logs for GDPR and CCPA compliance. Leveraging role-based access, , and secure data handling. TrustArc’s Consent & Preference Manager transforms compliance from a legal burden into a . By making privacy seamless, transparent, and user-friendly, businesses can reduce opt-outs, increase consumer trust, and drive long-term loyalty—all while maintaining compliance with global privacy laws. Ready to master consent management? Managing Online Tracking Technology Vendors Checklist Learn how industry leaders navigate compliance, optimize user experience, and future-proofing consent strategies. Global Consent Laws & Configuration Guide Simplify global consent and cookie compliance with your essential roadmap to navigating regional privacy laws and building user trust. ==================================================================================================== URL: https://trustarc.com/resource/ccpa-guide/ TITLE: Your Guide to CCPA: California Consumer Privacy Act | TrustArc TYPE: resource --- California Consumer Privacy Act (CCPA) , as amended by the California Privacy Rights Act (CPRA), is a landmark privacy law that grants California residents enhanced rights over their personal information and imposes significant obligations on businesses handling such data. Enacted to increase transparency and accountability, the CCPA empowers consumers with rights to access, delete, and opt out of the sale of their personal information, while requiring businesses to provide clear and accessible privacy notices. To ensure effective implementation, the California Privacy Protection Agency (CPPA) has issued detailed regulations that clarify compliance requirements, including guidelines for privacy notices, consumer rights requests, and data governance practices. These regulations, which have undergone multiple updates and public consultations, aim to balance consumer protection with practical business operations, setting a precedent for privacy legislation across the United States. CCPA Applicability Thresholds The CCPA establishes specific thresholds to determine which businesses are subject to its requirements. These thresholds ensure that the law applies to entities with significant data processing activities and financial resources, particularly where a substantial portion of their business derives from the sale or sharing of personal data. The law applies to entities that “do business” in California, regardless of their physical location, as long as they meet one or more of the following thresholds: Businesses with annual gross revenues exceeding $26,625,000 USD in the preceding calendar year are subject to the law. Volume of Personal Information Processed: Businesses that buy, sell, or share the personal information of 100,000 or more California consumers or households annually are covered. Revenue Derived from Data Sales or Sharing: Businesses that derive 50% or more of their annual revenue from selling or sharing California consumers’ personal information are also subject to the law. California Consumer Privacy Act Key Definitions In addition to the qualifiers as a business provided by the applicability thresholds, the definition of business includes additional qualifications: Any entity that controls or is controlled by a business that meets the applicability thresholds, shares common branding, and shares consumers’ A joint venture or partnership composed of businesses in which each business has at least a 40 percent interest. Persons not covered by the applicability thresholds that voluntarily certify to the California Privacy Protection Agency that they comply with, and agree to be bound by the CCPA. It is defined as the use of personal information for operational purposes or other notified purposes that are reasonably necessary and proportionate to achieve the purpose for which the information was collected or processed. It also includes purposes compatible with the context in which the information was collected. Some examples include: Auditing related to ad impressions and compliance. Ensuring security and integrity. Debugging to identify and repair errors. Short-term, transient use (e.g., non-personalized advertising during a consumer’s interaction). Performing services on behalf of the business, such as customer service, processing transactions, or providing analytics. California includes a non-exhaustive list of what types of information are considered personal. Some of the most notable types of information considered personal under the CCPA are: Inferences drawn from personal information are used to create a profile about a consumer that reflects the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Information that is linked or reasonably linkable to an identified or identifiable household; Personal information can be in any physical, digital, or abstract digital format. Abstract digital formats encompass compressed or encrypted files, metadata, or artificial intelligence systems capable of outputting personal information. Information that includes or reveals a person’s racial or ethnic origin, religious beliefs, sexual orientation, mental or physical health diagnosis, citizenship status, immigration status, and genetic or biometric data, when it is used for identification purposes. Besides these types of data, the CCPA additionally includes more types of personal information that are not commonly included by other states with comprehensive consumer privacy acts, such as: Consumer’s health (as a general term that could consist of diagnosis, conditions, or treatment); Financial information (consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account); Neuronal data (regardless of whether it is used for identification purposes); Social security, driver’s license, state identification card, or passport number; Contents of a consumer’s mail, email, and text messages. “Sell or Sale of personal information”: The sale of personal information is defined as the exchange of data by the controller with a third party for a monetary or valuable consideration. The definition of sale of personal data under the CCPA excludes the following disclosures: Mergers and acquisitions: the disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other similar transaction in which the third party assumes control of all or part of the controller’s assets. Disclosure directed by the consumer: the disclosure of personal data where the consumer directs the controller to disclose the personal data or intentionally uses the controller to interact with a third party. Alerting of Consumer Rights: Alerting persons that the consumer has opted out of sharing their personal information or limited the use of their sensitive personal information. Under the CCPA, sharing personal information involves disclosing a consumer’s personal information to a third party for cross-context behavioral advertising, regardless of whether monetary or other valuable consideration is exchanged. This includes situations where an organization benefits even if no money changes hands. The same exclusions that apply to the “selling” or “sale” of personal information also apply to this type of “sharing.” regarding their personal information to enhance transparency and control over data handling. These rights include knowing, accessing, deleting, correcting personal data, data portability, opting out of selling or sharing, automated decision-making, and limiting sensitive information use. Organizations must provide at least two accessible methods for submitting requests, such as toll-free phone numbers or email addresses for online businesses. These methods should be clear, easy to understand, and user-friendly. Businesses may require reasonable authentication for information, but cannot require consumers to create an account unless one already exists. For specific rights such as the rights to opt out and limit the processing of sensitive information, organizations cannot require identity verification to comply with the request. Under the CCPA, businesses must respond to consumer requests within specific timelines: deletion, correction, or information requests within 45 days (with a possible 45-day extension if communicated), and opt-out requests within 15 business days, notifying involved third parties. Below is a summary of the key consumer rights under the CCPA: Consumers have the right to request information about: Categories of personal information collected. Sources of personal information. Personal information is disclosed for business purposes. Business or commercial purposes for collecting, selling, or sharing personal information. Categories of third parties to whom personal information is disclosed. Information about the categories of personal information shared with third parties for cross-contextual behavioral advertising. Right to Access and Data Portability Consumers have the right to request access to specific pieces of personal information collected about them. Businesses must provide disclosures covering the 12 months preceding the request, and for data collected after January 1, 2022, disclosures beyond 12 months may be required unless impossible or disproportionately burdensome. Businesses that maintain personal information for more than 12 months must provide a mechanism to request information beyond 12 months. Consumers can request access to their personal information in a portable and readily usable format, enabling them to transfer the data to another entity. Consumers can request the deletion of their personal data from a company’s data records, subject to certain exceptions (e.g., legal obligations or internal uses aligned with consumer expectations). Businesses must also notify any other third parties to whom it has shared or sold the individual’s personal information to delete the information. Each service provider must do the same with any downstream service providers. Consumers can request that businesses correct inaccurate personal information and ensure data remains corrected. Companies must use commercially reasonable efforts to correct the data and instruct service providers and contractors to do the same. Right to opt out of the sale and sharing Consumers can opt out of the sale or sharing of their personal information. Businesses must provide a clear link on their homepage titled “Do Not Sell or Share My Personal Information” and honor opt-out preference signals , such as GPC. The status of the consumer’s choice, confirming if the business processed the consumer’s opt-out preference signal, must be displayed on the website. For example, by displaying “Opt-Out Request Honored”. Right to opt out of automated decision-making technology Consumers can opt out of ADMT when it is used to make significant decisions, such as granting or denying financial services, employment opportunities, or access to housing, unless the business allows them to appeal such decisions to a human reviewer who has the authority to overturn such a decision. Other exceptions to this right to opt-out apply, such as the use of ADTM for decisions related to admission in an education program or hiring purposes, allocation of work, or compensation decisions in a work environment, if the specifications established in the Regulations are met. Right to Access Information on Automated Decision-Making Technology Consumers have the right to request information about the ADMT used to make significant decisions, including details such as: The specific purpose of using ADMT is with respect to the consumer, not just the general use by the business. Information about the logic behind the ADMT, including the parameters that generated the decision’s output and the specific output related to the consumer. The output of the ADMT and how it was used in making the significant decision about the consumer (e.g., whether it was the only factor or if other factors were considered, and whether any human involvement occurred). Instructions on how to exercise CCPA rights and a statement assuring consumers they will not face retaliation for exercising those rights. Right to limit the use of sensitive personal information Consumers can request businesses to limit the use of sensitive data to specific purposes, such as providing services or ensuring security, including limits on how long a company can keep sensitive personal information in its records. Right of non-discrimination Businesses cannot discriminate against consumers for exercising their rights under the CCPA. For example, they cannot deny goods or services or charge different prices unless the difference is reasonably related to the value of the consumer’s data. Privacy doesn’t scale itself. Automate consent, individual rights, and risk management workflows with Privacy Studio. Businesses are required to provide privacy notices to ensure transparency about their data collection, use, and sharing practices. These notices must be clear, accessible, and comprehensive, enabling consumers to understand their rights and how their personal information is handled. Businesses must provide consumers with a privacy notice at or before the time personal information is collected. This notice must include: Categories of personal information collected. Purposes for which the information is collected or used. Whether the information is sold or shared. Categories of sensitive personal information collected and their purposes. The retention period for each personal and sensitive information category, or the criteria used to determine the retention period. A link to the business’s privacy policy. Notice of the Right to Opt-Out of Sale/Sharing: Businesses selling or sharing personal information must describe consumers’ right to opt out, including instructions for submitting an opt-out request (such as an interactive form for online requests or offline methods if no website exists). They must also provide clear links to an online opt-out form and their privacy policy. These requirements apply to businesses that primarily interact with consumers through a website and those that significantly engage with consumers offline. must have a Do Not Sell or Share My Personal Information link on their homepage. The landing page of this ‘do not sell or share’ link should either display the opt-out notice or link to the business’s privacy policy that contains the same information. (businesses that operate offline) must display a notice of the right to opt out with instructions for submitting requests. The notice should be visible as a sign where personal information is gathered or on the collection form. If information is collected over the phone, companies can inform consumers of their right to opt out and how to do so during the call. Businesses that do not sell consumers’ personal information are not required to provide the notice of the right to opt out. However, they must include a statement in their privacy policy confirming the business does not and will not sell personal information. Notice of Financial Incentive A notice must be provided when a consumer opts in to share personal information in exchange for the financial incentive , price, or service difference offered online. This notice needs to include: Summary of the incentive offered, Description of its material terms, including categories of personal information collected after opt-in, and value of the consumer’s data, Good-faith estimate of the value of this data, Instructions on how the consumer can opt in, and Instructions on how the consumer can opt out at any time. Businesses using ADMT to make significant decisions must provide consumers with a clear and conspicuous pre-use notice either at or before the point of collection. This notice should be presented in the same manner in which the business primarily interacts with the consumer. The notice must include: The purpose of using ADMT. A description of the right to opt out and access ADMT, along with instructions on how to exercise these rights. If the business relies on an exception to respond to a consumer request, it must specify which exception it relies on. A statement prohibiting retaliation against consumers for exercising their individual rights under the CCPA. Additional information on how the ADMT functions and how decisions will be made if the consumer chooses to opt out. Cookie chaos? Get it under control with a consent manager built for global privacy laws and local expectations California Consumer Privacy Act Business Obligations Processing of Sensitive Data Businesses are prohibited from collecting or using consumer or sensitive PI for additional purposes incompatible with the disclosed purpose of collection or for any other subsequently disclosed purposes not previously communicated to the consumer. Furthermore, businesses are prohibited from retaining consumer or sensitive PI for longer than is reasonably necessary to achieve specific collection purposes. Businesses must honor consumer requests to limit the use and disclosure of sensitive data for purposes other than those specified in the regulations. Sensitive data cannot be used for any purpose after receiving instructions from the business, except as written contracts permit. Record-Keeping and Training Organizations must retain records of consumer requests for a minimum of 24 months. Additionally, businesses that know, or should reasonably know, they handle the personal information of 10,000,000 or more consumers annually must compile and disclose consumer request metrics for the previous year by July 1 on their website through a link in their privacy policy. They must also ensure employees who handle consumer inquiries are trained in CCPA compliance. Businesses cannot sell or share the personal information of consumers under 16 years of age without affirmative consent. Consumers aged 13 to 16 can provide their own consent. For consumers under 13, a parent or guardian must grant consent. Opt-Out Preference Signals Respect opt-out preference signals, like the Global Privacy Control (GPC) , in a smooth and seamless manner. Businesses are required to inform consumers about the status of their choices, confirming whether the business has acted on the consumer’s opt-out preference signal. For example, a message stating “Opt-Out Request Honored” should be displayed on their website. Data Protection Assessments Businesses must conduct annual audits and periodic risk assessments for processing activities that significantly threaten consumers’ privacy or security. These assessments are necessary for selling personal information, sharing personal information for cross-context behavioral advertising, and processing sensitive personal information beyond what is needed to provide goods or services. A risk assessment is required for activities that present a “significant risk” to consumer privacy, including: Selling or sharing personal information. Processing sensitive personal information. Using ADMT for a significant decision. Using automated tools to profile individuals in employment, education, or sensitive locations. The key requirements for performing risk assessments include that assessments must be reviewed and updated every three years or within 45 days of a material change, and an executive attestation summarizing assessments must be submitted annually to the CPPA, with the first report due on covering assessments from 2026 and 2027. Annual audits are mandatory for businesses handling consumer personal information that poses a “significant risk,” triggered by thresholds like: Annual revenue over $25 million with 250,000+ consumers processed. Processing sensitive information for 50,000+ consumers. Deriving 50%+ of revenue from selling or sharing personal information. Deadlines are staggered based on revenue: April 1, 2028: For revenues >$100M in 2026. April 1, 2029: For revenues $50M-$100M in 2027. April 1, 2030: For revenues <$50M in 2028. Audits must be conducted by an independent auditor reporting to an executive without direct responsibility for cybersecurity. Both the business and auditor must retain audit documentation for five years and submit a certification to the CPPA. The audit report must evaluate 18 components of the cybersecurity program, including authentication, encryption, and access controls. Vendor and Contractor Management Businesses must ensure that service providers and contractors comply with CCPA requirements and assist in fulfilling consumer requests. Don’t just collect consent—command it. Orchestrate customer preferences across every brand touchpoint. Consent & Preference Manager Administrative Enforcement The California Privacy Protection Agency can initiate an administrative enforcement action under the CCPA, holding businesses liable for an administrative fine of no more than $2,663 for each violation, or $7,988 for each intentional violation or for violations involving the personal information of consumers whom the business, service provider, contractor, or other person has actual knowledge are under 16 years of age. California allows a civil action for breaches to recover damages, request injunctive or declaratory relief, or any other relief the court deems appropriate. A consumer may bring these actions after providing a 30-day written notice identifying the alleged violations. If, after the 30-day notice, the organization cures the violation and sends a written statement indicating that the violations have been cured and that no further violations will occur, no civil actions can be initiated against the organization. Prove it’s not just talk—show your CCPA compliance with third-party validation that builds trust with regulators, partners, and customers. California Consumer Privacy Act Regulations The CPPA has finalized its first set of regulations, effective March 2023. In October 2025, additional amendments were finalized concerning automated decision-making, risk assessments, and cybersecurity audits. The first set of regulations primarily focuses on clarifying and operationalizing the core rights and obligations under the CCPA, amended by the CPRA. The key areas covered under the regulations include the processes for handling consumer requests, notice and transparency obligations, opt-out mechanisms, including GPC, limited use of sensitive personal information, contractual requirements for service providers, contractors, and third parties, and user experience and dark patterns. The latest set of amendments focused on three pillars: the regulation of automated decision-making technology, mandatory cybersecurity audits, and formal risk assessments. Additionally, these amendments include further requirements on privacy notices, the use of dark patterns, and individual rights. Practical CCPA Compliance Steps to understand what personal and sensitive personal information you collect, use, share, and store. Identify data sources, third-party recipients, processing purposes, and retention periods. practices to ensure compliance with proportionality requirements. Implement mechanisms to handle consumer requests efficiently, including secure portals and verification processes. Consider using a contract management and tracking system. Establish clear processes for handling consumer requests to limit the use of sensitive data and ensure service providers and contractors comply with these requests. Prioritize fortifying public-facing consent and individual rights interfaces and confirm that required website links with the required wording are present in every webpage where the organization collects personal information (e.g., “Do Not Sell Or Share My Personal Information”). Verify and monitor public-facing consent and individual rights interfaces to ensure proper implementation that meets regulatory requirements. Provide clear notices regarding using cookies and tracking technologies , and include a “Do Not Sell or Share My Personal Information” link when applicable. Collect the minimum information necessary to fulfill a request based on the type of request received. Ensure compliance with opt-out preference signals like GPC. Provide users with the status of their choices, allowing them to confirm if their opt-out preferences have been honored (e.g., displaying “Opt-Out Request Honored” on the business’s website). Obtain affirmative consent for processing personal information of minors under 16 years of age. Apply reasonable and appropriate safeguards to protect personal and sensitive information. Train staff on consumer rights and establish clear policies for responding to requests. Regularly review and update privacy policies to reflect CCPA requirements. Regularly review contracts with service providers to ensure compliance with CCPA requirements. Keep records of consumer rights requests and responses for at least 24 months. Perform annual cybersecurity audits when required and submit the certification of completeness to the CPPA. Perform risk assessments when applicable, and submit the required information to the CPPA. Maintain documentation to demonstrate compliance with legal and regulatory requirements. Rights Requests, Resolved at Scale. From intake to fulfillment, automate every step of the data rights journey. Individual Rights Manager helps you reduce risk, respond on time, and show customers you take their rights seriously. Centralized Privacy. Accelerated Trust. Build a Trust Center that puts transparency on display. Consolidate policies, disclosures, and validation artifacts in one no-code hub that speeds up deals and strengthens credibility. ==================================================================================================== URL: https://trustarc.com/resource/handle-consumer-requests-under-ccpa/ TITLE: How to Handle Consumer Requests Under CCPA (Before it’s too late!) | TrustArc TYPE: resource --- Demystifying consumer rights under the CCPA: A guide for organizations California Consumer Privacy Act (CCPA) , significantly bolstered by the California Privacy Rights Act (CPRA), has fundamentally reshaped how businesses must handle personal information. For any organization, understanding these consumer rights isn’t just about ticking boxes for compliance; it’s about building genuine trust and showing you care about responsible data practices. This article gives you a clear and easy-to-understand rundown of these important individual rights and what businesses need to do. Understanding the landscape: Who must comply? Before we dive into specific rights, let’s quickly clarify which businesses are covered by the CCPA. Generally, if a for-profit business collects personal information from California residents, it likely falls under the law if it meets one or more of these criteria: It has annual gross revenues exceeding $26,625,000 million. It annually buys, sells, or shares the personal information of 100,000 or more California consumers or households. It gets 50% or more of its annual revenue from selling or sharing California consumers’ personal information. Now, let’s explore the core consumer rights and what your organization needs to do to respect them. The right to know and access personal information This is a big one for transparency! The r under the CCPA lets consumers understand exactly what personal information (PI) your organization has collected about them and how it’s used, sold, or shared. verifiable consumer request , your organization is required to provide the following: categories of personal information you’ve collected about the consumer. from which that personal information was collected. business or commercial purpose for collecting, selling, or sharing personal information. categories of third parties to whom you disclose personal information. If you’ve sold or shared personal information, you need to provide the categories of personal information that you sold/disclosed , and for each category, the categories of third parties who received that specific type of personal information. specific pieces of personal information you’ve collected about that consumer. A few important things to keep in mind: While you must inform consumers if you’ve collected like Social Security numbers or financial account details, you are not required to disclose the specific values of such highly sensitive data. This is for the consumer’s security, to prevent unauthorized access. Even if your organization creates about a consumer based on the data you have (like predicting their interests), these are considered personal information under the CCPA and must be disclosed if requested. You generally need to show information from the . However, if a consumer requests disclosures beyond this period (for information collected on or after January 1, 2022), you must provide it unless doing so is genuinely impossible or would take an extraordinary effort. Or, if your organization stores personal information for more than 12 months, you must offer consumers a method to request personal information held by the organization beyond the past 12 months. (Just a note: this doesn’t mean your organization has to hold onto personal information for a certain amount of time.) No sale/sharing? Tell them! If your organization hasn’t sold, shared, or disclosed a consumer’s personal information, you’re required to explicitly inform the consumer of this fact Service provider assistance: Companies that process data on your behalf (called “service providers” or “contractors”) aren’t directly obligated to respond to consumer access requests for PI collected in their role. However, they must assist your organization in fulfilling these requests by providing the necessary information or enabling access. to provide the same information to a consumer more than twice within a 12-month period. If a state or federal law prevents you from disclosing certain information, you’ll need to (unless the law itself prohibits that explanation). The right to correct inaccurate personal information This right empowers consumers to request that businesses correct inaccurate personal information they maintain about them. What your organization needs to do: Commercially reasonable efforts: Upon receiving a verifiable request, you must use “commercially reasonable efforts” to fix any inaccurate personal information. Ensure information remains corrected: After responding a correction request, ensure the information corrected remains corrected, including when such information has been shared with service providers and/or contractors. Getting partners involved: instruct all service providers and contractors to make necessary corrections in their systems. While these partners must comply, they might have a slight delay for data stored in archives or backups until that data is restored or next accessed. You can ask for documentation from the consumer if deemed necessary to confirm the accuracy of the information, keeping in mind the type of information and the impact on the consumer. When correction might be denied: Your organization can deny a correction request if you determine the information is more likely than not accurate based on all the circumstances. If you’re not the original source of the information and lack supporting documentation, the consumer’s assertion of inaccuracy might be sufficient. Requests can also be denied if you can’t verify the requestor’s identity. The right to limit use and disclosure of sensitive personal information The CPRA also gave consumers more control over their sensitive personal information (SPI) What your organization needs to do: for consumers to submit limit requests, ideally methods you already use to interact with customers. You cannot force them to create an account or provide unnecessary information to make this request. Once you receive a request, you must stop using or disclosing the consumer’s SPI for any purpose beyond what’s absolutely necessary to perform the services or provide the goods they’d reasonably expect. No verification needed here: don’t need to verify identity for a request to limit sensitive personal information. You can only ask for more details if it’s strictly necessary to fulfill the request. You need to limit processing of SPI as soon as possible, and definitely within . You must also notify any service providers or third parties involved to do the same. Service providers cannot use SPI for any purpose after receiving instructions from your organization to limit its use; their contracts will also include these limitations. If complying with the request means you’ll have to charge them differently or change how you provide a service, you need to give them a “notice of financial incentive.” The “limit my sensitive information” link: If your organization uses or shares sensitive personal information beyond what’s strictly necessary, you must have a clear link on your website titled “limit the use of my sensitive personal information.” Consumers might also be able to use opt-out preference signals. Ensure your organization provides consumers a way to confirm if their choice to limit the use of their sensitive data has been processed. Once a consumer has requested to limit, your organization is prohibited from using or sharing their SPI and will have to wait for at least 12 months before requesting further consent. There’s a small exception where limiting SPI use isn’t required if the use or disclosure is reasonably necessary and proportionate to the short-term, transient use of the information (e.g., non-personalized advertising during their current visit to a website). This applies only if the information isn’t shared with other companies or used to build a profile about the consumer outside that specific interaction. The right to delete personal information Consumers have the right to ask your organization to delete any personal information you’ve collected about them. What your organization needs to do: Partial or full deletion: You can offer consumers the choice to delete all or just parts of their PI, with clear instructions. When you receive a verifiable request, you must: the consumer’s PI from your records, which includes erasing it from active systems (not necessarily backups right away) and making it unidentifiable or combining it with other data. Notify service providers and contractors to delete the consumer’s PI too. who received the consumer’s PI to delete it, unless it’s truly impossible or would take an excessive amount of effort (in which case you’ll explain why). Your organization is allowed to maintain a confidential record of deletion requests to make sure you don’t sell that PI again and for compliance purposes. Service providers must assist your organization in fulfilling deletion requests, including telling their own partners to delete the data. They aren’t required to directly comply with consumer requests if they only collected the PI as a service provider. For data stored in archives or backups, you may until those systems are active again. When data can’t be deleted: There are situations where your organization can retain personal information, even if a consumer requests deletion. These include: To complete a transaction or fulfill warranties. For security reasons, like preventing fraud. To fix errors or “debug” your systems. To protect free speech rights. To comply with a legal obligation. If deleting the data would mess up research. If a deletion request is denied, you must provide a detailed explanation unless a law prohibits it. If denied due to an exception, you still need to delete any parts of the information that exempt and tell the requestor if you couldn’t verify their identity. If a consumer requests deletion but hasn’t opted out of the sale or sharing of their PI, you must ask if they wish to opt out and provide the relevant notice. Things like student grades, educational test results, and PI used to create physical items (like yearbooks) can be exempt from deletion requests under certain conditions (e.g., if significant costs were already incurred or it’s not commercially reasonable). The right to opt-out of sale or sharing This right gives consumers the power to tell your organization to stop selling or sharing their personal information What your organization needs to do: The “do not sell or share” link: Your organization must have a clear link on every webpage where you collect personal information. This link should lead consumers to a way to opt out, including allowing for automated “opt-out preference signals.” You need to offer at least for consumers to opt out, matching how you usually interact with customers. You cannot require them to create an account or provide unnecessary information to opt out. to opt out. However, if you need to apply the opt-out broadly (e.g., to online and offline activities), you might ask for a bit more information. Once you receive an opt-out request, your organization must stop selling or sharing PI unless the consumer later gives you consent again. Quick action & notifications: to stop selling or sharing personal information and to tell any third parties involved. After a consumer opts out, your organization is prohibited from selling or sharing their personal information and must before requesting further consent. Global Privacy Control (GPC): This is a key point: your organization is legally required to recognize universal opt-out signals , like Global Privacy Control (GPC). The California Attorney General has confirmed that GPC signals are valid opt-out requests. In fact, a major retailer, Sephora, faced a $1.2 million settlement in 2022 for failing to process these GPC opt-out requests. Provide users a method to confirm the status of their opt-out request, such as displaying on the website “Opt-Out Request Honored”. If personal information is transferred during a merger, acquisition, or bankruptcy, the new owner must honor the consumer’s original opt-out choices from the previous business. Consumers can always choose to opt back in after opting out, and your organization must provide clear methods for them to do so. You can deny opt-out requests you believe are fraudulent, and you’ll need to explain why. The Right to Opt-Out of Automated Decision-Making Technology This right gives consumers the power to tell your organization to stop using their personal information to make significant decisions through ADMT. mean a decision that results in the provision or denial of financial or lending services, housing, education enrollment or opportunities, employment, or independent contracting opportunities or compensation, or healthcare services. What your organization needs to do: The “Opt Out of ADMT” link: Your organization must have a clear link on your website homepage, usually titled “Do Not Sell or Share My Personal Information.” This link should lead consumers to a way to opt out, including allowing for automated “opt-out preference signals.” You need to offer at least for consumers to opt out, matching how you usually interact with customers. You cannot require them to create an account or provide unnecessary information to opt out. Quick action & notifications: processing personal information through ADMT and to tell any third parties involved. If the consumer opted out through the link included in the pre-use notice, before the processing has started, your organization must not initiate the processing. After a consumer opts out, your organization is prohibited from processing personal information through ADMT and must before requesting further consent. You can deny opt-out requests you believe are fraudulent, and you’ll need to explain why. You do not need to allow consumers to opt out of ADMT if you allow them to appeal the decision to a with the authority to overturn such a decision. Additional exceptions apply in educational and work environments. The Right to Access Information on Automated Decision-Making Technology Consumers have a powerful right to seek out information about the Automated Decision-Making Technology (ADMT) that plays a crucial role in significant decisions affecting their lives. This means that businesses must: straightforward explanation of the exact purpose for which ADMT is being used in the consumer’s case, rather than a generic overview of how the business generally applies it. Give access to insights into the logic behind the ADMT’s decisions , including the specific parameters that shaped the results and the unique outcomes that pertain to the consumer. Provide a transparent breakdown of how the ADMT’s output influenced significant decisions made about the consumer. This includes whether it was the main factor, if other elements were considered, and whether any human judgment was involved in the process. clear, actionable instructions on exercising your rights under the CCPA, along with a strong commitment that consumers will not face any backlash for standing up for their rights. The right to data portability In response to a request for information, your organization must provide the specific pieces of personal information obtained from the consumer in a format that’s Plus, whenever technically feasible, this information should also be in a structured, commonly used, and machine-readable format. This makes it easier for consumers to share that information with another company if they choose to. Your organization is strictly prohibited from discriminating against consumers for exercising their CCPA rights. This means you can’t deny them services, charge them different prices or rates, or offer them a different quality of goods or services just because they’ve made a request. While you can offer financial incentives for collecting or selling their data, these incentives must be fair and clearly disclosed, and consumers must have the option to opt-in. Timelines for Response to CCPA Consumer Requests Your organization must respond to verifiable consumer requests within 45 days of receipt, and the process of verifying identity does not extend this initial deadline. Within 10 business days of receiving a request to delete, correct, or know, you are required to confirm receipt of the request and inform the consumer of how you intend to handle it. The 45-day response period officially begins on the day you receive the request, regardless of how long the verification process takes. If your organization genuinely requires more time, a one-time extension of an additional 45 days is permissible, but you must notify the consumer about the extension and the reasons for it within the initial 45-day window. Therefore, the absolute maximum response time is 90 days. If you are unable to verify a consumer’s identity within the 45-day or the extended 90-day period, you may have to deny the request. Ceasing to process personal information in response to opt-out requests to the sale/sharing of their personal information or to the use of automated decision-making technology (ADMT) must be as soon as feasibly possible, but no later than 15 business days. When a consumer opts out of ADMT before the processing has started, the organization must not initiate the processing. From regulation to reputation The CCPA and CPRA truly empower consumers with greater control over their personal information. For your organization, embracing these regulations isn’t just about following the law; it’s about building trust and showing that you value customer privacy. By clearly understanding these rights, establishing smooth processes for handling requests, communicating openly, and acting promptly, your organization can navigate the world of data privacy successfully. Staying on top of new rules and best practices will be essential as data privacy continues to evolve. Unified Preferences. Personalized Trust. Deliver consistent, compliant privacy experiences across every touchpoint. From websites to mobile apps to connected TV, enforce customer preferences with precision—no matter the region, channel, or partner. DSR Requests, Done Right. Meet individual rights obligations with less lift and more confidence. Automate complex DSR workflows across jurisdictions and prove compliance at every step without slowing down your team. ==================================================================================================== URL: https://trustarc.com/resource/vendor-risk-management-program/ TITLE: Why Do You Need a Vendor Risk Management Program? | TrustArc TYPE: resource --- Don’t gamble with vendor risk management You caught wind that the Marketing Department just onboarded a third-party application that shares sensitive organizational data without including your privacy team in the validation process. Data shared includes employee contact information, customer data, and financial information. Your organization signed with an external vendor without due diligence of privacy risks. Vendor risk management can feel uncomfortable for an organization. It’s certainly easier to assume that this vendor has done its due diligence, and I do not have to worry about it. This can bite you, as it has for many other organizations. And governments are cracking down on these partnerships. Demanding that the sharing of data of their citizens be protected and used according to their respective laws and regulations (GDPR, CCPA, Security breaches are all too common in the headlines today, and it seems to be a matter of 25% of all global security breaches resulted from “third-party attacks or incidents.” Resulting in an average international cost per data breach – which isn’t pocket change. Overall, breaches can result in high financial penalties, a loss in company brand perception, a loss of trust, and potential lawsuits. So, to sum up, crossing your fingers and hoping your third-party vendors have put controls in place to mitigate privacy risk is a gamble that could result in disastrous consequences. Your organization needs a solid framework to build a foundational vendor risk management program Where is the best place to start? Deciding what roles to outsource, of course! That’s right, it all begins with understanding what business activities are best handled by third-party vendors. When writing up request for proposal (RFPs) for prospective vendors, a section should be dedicated entirely to privacy. Construct this section to make it easy for direct comparison with other vendors. Lastly, it should cover the following topics: Defining the vendor risk landscape Each country and jurisdiction use their own laws and regulations regarding data privacy. It’s the role of your vendor risk management program to decide how much risk your organization is willing to take. Once outlined, determine the minimum standards your organization needs to meet. Risk is a part of doing business, you need to establish guidelines on where that limit exists . Use this to facilitate discussions with potential vendors to see if their appetite is the same. Creating a data flow inventory map across all of your vendors No organization is an island and they all operate with multiple external vendors. Mapping out exactly where all the data flows across your entire vendor network will identify possible overlaps and show opportunities for streamlining & reducing costs. Merging data flow duplication areas and deleting unnecessary data flows ensures that your organization reduces their exposure to third-party risk. Data transfer risk assessment In addition to determining how data flows for all of your vendors within your organization, assess any data transfer risk based on where your vendors’ systems are hosted and the location of individuals whose data is being processed to ensure appropriate safeguards for international data transfers. Ongoing monitoring of vendors As always, nothing stays static for very long, and your organization may need to actively monitor vendor partners for any changes in data risk to the company. Some vendors may even need in-person reviews annually. Leverage and include departments from across the organization to assess all aspects of data risk. To ensure that your company has oversight, be prepared to share your determined data policies and procedures with your third-party vendors as it pertains both to your customers and vendors. Develop straightforward policies, meeting controls, and have a set of proprietary implementation strategies. Work with your leaders, procurement, and legal teams to ensure that your contract management system tracks what you need to know from a privacy perspective. Free vendors, or inexpensive ones, generally don’t hit thresholds for procurement or legal review – make sure this is controlled! Termination of vendor relationship Lastly, all good things must come to an end. Have processes put in place that covers both natural terminations along with terminations for cause. Your business must be prepared to end the relationship if the vendor is non-compliant with data protection and where the risk is high. Following these 7-steps will set you with stable foundations to build your vendor management program and avoid any non-compliance fines. Of course, there is much more involved when it comes to vendor risk management. How to Build a Vendor Risk Management Program Our panel of experts will guide you through the indispensable steps to establish an effective vendor risk management strategy. Data Mapping & Risk Manager Save time and reduce risk with automated data flow mapping and risk identification. ==================================================================================================== URL: https://trustarc.com/resource/embrace-consent-preference-management/ TITLE: It’s Time to Embrace Consent & Preference Management | TrustArc TYPE: resource --- The digital shift is here It’s hard to believe that the current digital ecosystem hasn’t seen a significant shift since the early 2000s – but that is the reality of it. Only in recent years has privacy, security, and how we communicate with users online become a burning topic in the digital world. While there is no crystal ball revealing exactly where this shift is headed, there are new realities that are sure to be the norm moving forward. And for advertisers and marketers, consent and preference management are front and center. The new path for consent and preference management The ecosystem for gathering, storing, and managing consent and consumer preferences is changing. Here is what we know so far. Online advertisers are changing the way they track and interact with consumers is moving from third-party to first-party collection Proof of compliance isn’t just coming. Death of the third-party cookie Lately, this phrase is often thrown around. Many big players in the tech industry have already removed these trackers from their software or added in mechanisms to give the power back to the consumer. What does this mean? It means (at least for advertising and consumer engagement) that first party data collection will become even more important than it is already. CRM, SaaS, and consumer engagement With this fundamental shift in online consumer engagement, reliance on customer relationship management (CRM) systems will be necessary. If your company uses Salesforce, HubSpot, Marketo (or similar cloud-based software), it’s important to start thinking about the consents and preferences of your users. Not only will this be crucial to your online privacy ecosystem, but it is also required by law. . You’ll increase your compliance and build trust with users. consumer trust product line was built with these changes specifically in mind. Consent & Preference Manager integrates directly to to help you manage your consent and preference requests. Leverage a single tool to track customer preferences across your brands and digital channels. Help your consumers understand what information you are using and how you’re interacting with them online. This allows for more customization with consents–so your consumers won’t be opting out of everything. Picture a tailored experience with your brand that fits their needs and online behaviors. For enhanced accessibility, all public-facing web elements of Consent and Preference Manager meet WCAG 2.2 Level AA and ADA accessibility standards, providing ‘’privacy for all”. Consent & Preference Manager can also help in the following ways: Build lasting trust, one consent at a time As privacy expectations evolve, brands that prioritize transparency will stand out. Customers ultimately want transparency and control, and businesses need reliable ways to deliver both without slowing growth. TrustArc Consent & Preference Manager helps bridge that gap. It gives you the tools to respect every customer’s choice while integrating with the tools you already use, like HubSpot and Salesforce. The result is stronger engagement and long-term trust, built one consent at a time. Ready to turn consent into a competitive advantage? ==================================================================================================== URL: https://trustarc.com/resource/lessons-ccpa-enforcement-actions/ TITLE: California's Privacy Watchdogs Are Biting: Key Lessons from Recent CCPA Enforcement Actions | TrustArc TYPE: resource --- California’s privacy landscape continues to evolve, with the California Privacy Protection Agency (CPPA) significantly stepping up enforcement of the California Consumer Privacy Act (CCPA) and its amendments in 2024 and 2025. Businesses subject to these regulations have faced considerable administrative burdens and, more recently, substantial penalties for non-compliance. The CPPA, which began exercising its enforcement authority alongside California’s AG on July 1, 2023, has been particularly active. Their actions stem from growing concerns over widespread non-compliance, especially among data brokers, e-commerce platforms, and ad tech companies. Late in 2023, the CPPA initiated investigative sweeps, focusing on violations of consumer opt-out rights, , and the improper use of . The CPPA found that many companies have failed to honor global opt-out signals, provide clear opt-out options, or secure adequate contracts with third-party service providers. These enforcement efforts underscore a critical message: businesses can no longer simply deploy a consent or opt-out tool and assume compliance. Continuous monitoring and testing of these mechanisms are essential to ensure they function correctly in practice. This ongoing vigilance is crucial, as any malfunction or excessive demand for personal information from the mechanism could lead to full liability for the company, potentially resulting in penalties and mandated operational changes. CPPA enforcement advisories The CCPA has issued two enforcement advisories to date, addressing specific provisions of the CCPA. These advisories provide examples of implementation, including questions that businesses may ask about the requirement, and highlight observations of non-compliance to deter violations. The subjects of these advisories have lined up with the enforcement actions taken by the CPPA so far. Take a close look at these advisories, as they may indicate the CPPA’s areas of focus and align with their recommended implementation of the law to prevent eventual enforcement. Applying Data Minimization to Consumer Requests – emphasizes that businesses should only collect, use, retain, or share the personal information necessary when handling consumers’ requests. – emphasizes to businesses the importance of reviewing their user interfaces to ensure they use clear and understandable language. This practice offers consumers symmetrical choices and avoids impairing their ability to make their decisions, instilling confidence in the transparency of the process. Understanding recent CCPA enforcement actions Let’s look at some recent high-profile cases that highlight the CPPA and the California Attorney General’s priorities: Healthline Media LLC (California Attorney General, July 1, 2025) In a significant settlement, the California Attorney General announced on July 1, 2025, that Healthline Media LLC agreed to pay a $1,550,000 penalty for alleged CCPA violations related to the unlawful sharing of data on Healthline.com. The allegations included: Continued data sharing post-opt-out: Healthline allegedly continued sharing users’ sensitive personal and health-related information for advertising purposes even after users opted out via cookie banners, forms, or Global Privacy Control (GPC) signals Transmission of sensitive inferences: Article titles revealing potential medical diagnoses (e.g., HIV, MS, diabetes) were transmitted to advertising and tracking companies, enabling sensitive inferences about users. Non-compliant advertising contracts: Healthline lacked CCPA-compliant contracts with advertising partners, failing to verify proper data usage or restrict use to allowed purposes. Cross-context behavioral advertising: The company engaged in cross-context behavioral advertising, resulting in users receiving targeted health-related ads across multiple platforms, which violated CCPA requirements. As part of the settlement, Healthline committed to measures ensuring full , including automatic honoring of GPC signals, prohibiting the sale or sharing of data that could reveal a medical condition (e.i, article titles or URLs revealing health conditions), ongoing compliance testing, and updating all third-party contracts. This case highlights that companies sharing personal data for advertising purposes , especially when this data can lead to sensitive inferences about users’ health, must ensure that opt-out mechanisms are effective and transparent. Failure to prevent unauthorized sharing, particularly of information that can lead to inferred health conditions, carries significant legal risks. Todd Snyder, Inc. (CPPA, May 6, 2025) Effective May 1, 2025, the CPPA ordered clothing retailer Todd Snyder, Inc. for violating the CCPA. The Enforcement Division alleged that Todd Snyder: Misconfigured cookie-consent banner: The website’s cookie-consent banner was misconfigured, preventing consumers from opting out of the sale or sharing of personal data, including for cross-context behavioral advertising, for a continuous 40-day period. Excessive identity verification: Consumers were required to submit sensitive identity documents (e.g., selfies matched to government IDs) to exercise simple opt-out rights, directly conflicting with CCPA rules prohibiting excessive verification. Excessive data collection for requests: The company collected more consumer data than necessary to process verifiable requests and failed to implement safeguards for sensitive information submitted during the process. This decision highlights that simply deploying a consent tool is insufficient; companies must continuously test and maintain their functionality. Opt-out requests must be honored without requiring identity verification, demonstrating a commitment to respecting consumer privacy rights. American Honda Motor Co., Inc. (CPPA, March 12, 2025) Effective March 12, 2025, American Honda Motor Co., Inc. was ordered by the CPPA for hindering Californians’ ability to exercise their opt-out rights. The CPPA’s allegations included: Excessive identity verification for verifiable requests (right to know, delete, and correct): Honda’s webform required consumers to provide at least eight data fields for verifying a consumer’s identity, despite needing only two data points to identify a consumer in its database. Non-verifiable requests (opt-out of sale/sharing and requests to limit use of sensitive data): Honda’s online process does not distinguish between verifiable and non-verifiable requests, using the same form for all types of requests, requiring identity verification for requests that do not require verification. Honda required additional authorization steps for authorized agents to submit do not sell/share or restrict use of sensitive information requests. Confusing cookie banner design: The cookie banner design failed to present symmetrical opt-in and opt-out choices, as it required two steps to opt out but only one step to opt in, thereby undermining users’ ability to make clear privacy selections. Lack of compliant third-party contracts: Honda lacked or was unable to produce CCPA-compliant contracts with downstream ad-tech partners, raising doubts about whether consumer opt-out signals were honored across all parties. Honda agreed to revise its privacy request processes, ensuring verification steps collect only the minimum necessary information for verifiable requests, do not require identity verification for non-verifiable requests, provide clear and symmetric opt-out options in its cookie banner, offer thorough CCPA training for employees, and include mandatory CCPA privacy provisions in all third-party data-sharing agreements. This case clarifies that excessive identity checks on verifiable requests violate the CCPA’s “reasonableness” standard and may lead to significant fines. It also highlights that an individual’s identity must not be verified when exercising an opt-out request. Cookie banners must provide clearly equivalent opt-in and opt-out controls to prevent compliance failures due to design, and companies must keep and readily produce CCPA-compliant contracts with all service providers. Want to take a deeper dive into how Honda’s case unfolded—and what it teaches us about lawful data processing under the CCPA? What Honda’s $632,500 CCPA Fine Teaches Us About Lawful Data Processing Sephora USA, Inc. (California AG, August 24, 2022) Although an older case, the Attorney General’s judgment against Sephora established an important precedent, resulting in a $1.2 million settlement for several violations of the CCPA. These included: Failure to disclose the sale of personal information to consumers. Failure to process consumer requests to opt out of the sale of their personal information signaled via Global Privacy Control (GPC) settings. Failure to cure these violations within the 30-day cure period allowed at the time. Sephora was required to clearly disclose its intent to sell data, ensure consumers could opt out (including via GPC), update service provider contracts to be CCPA-compliant, and provide reports to the Attorney General. Responding to CCPA enforcement: Insights for your privacy program These decisions send a clear signal: California’s privacy regulators will hold companies fully accountable for any barriers, technical or procedural, that impede consumers from exercising their statutory rights. The “reasonableness” standard for identity verification is strictly interpreted; companies must collect only the minimum data necessary and cannot require sensitive documents, such as government IDs, for routine privacy checks. To avoid disruptive enforcement actions and reputational harm, businesses must embed privacy compliance into everyday operations, including: Prioritize fortifying public-facing consent and individual rights interfaces and confirm that required website links with the required wording are present (e.g., “Do Not Sell Or Share My Personal Information”). Verify and monitor public-facing consent and individual rights interfaces to ensure proper implementation that meets regulatory requirements. Collect the minimum information necessary to fulfill a request based on the type of request received. Ensure that opt-out sale/sharing requests and the right to restrict the use of sensitive personal data do not require identity verification. Honor opt-out signals like Global Privacy Control (GPC) automatically and consistently across all platforms. Carefully review and assess their user interfaces to ensure that they offer symmetrical choices and use language that is easy for consumers to understand when presenting privacy options. Ensure parity regarding choices made on consent forms. When someone interacts with a banner or modal, the number of clicks to accept or reject should equal. Maintain up-to-date, CCPA-compliant contracts with all service providers/vendors. Train staff on how to handle or properly route individual rights requests. Take the next step: Validate your CCPA compliance If your business hasn’t already done so, now is the time to move beyond internal checklists and get formally validated. A TRUSTe-certified CCPA Validation offers independent, third-party assurance that your privacy practices align with California’s regulatory requirements. It’s more than a badge. It’s proof of compliance you can share with partners, customers, and regulators alike. With TrustArc’s expert guidance and purpose-built platform, you’ll identify gaps, streamline remediation, and earn a Letter of Validation you can proudly display on your website or Don’t wait for an enforcement action to test your program. Learn more about CCPA Validation and start building your privacy program’s credibility today. CCPA Compliance, Certified. Earn a TRUSTe-certified CCPA Validation to show customers, partners, and regulators you take data rights seriously while gaining operational clarity and audit-ready peace of mind. Cookie Compliance Without the Chaos. ==================================================================================================== URL: https://trustarc.com/resource/california-consumer-privacy-act-ccpa-compliance-checklist/ TITLE: California Consumer Privacy Act (CCPA) Compliance Checklist | TrustArc TYPE: resource --- The digital landscape is continually evolving, and the laws that protect consumer privacy are also shifting. In California, the California Consumer Privacy Act (CCPA) sets the standard for how businesses handle personal information. Staying compliant can seem daunting, but breaking it down into manageable steps can make all the difference. Here’s a comprehensive checklist to guide your business through CCPA compliance. 1. Data inventory and mapping: Know your data First things first, you need to know what data you have: Conduct a thorough inventory of all personal information (PI) your business collects, processes, shares, or sells. Identify all sources of personal information, including websites, forms, HR systems, marketing automation platforms, etc. Document categories of personal information such as identifiers, customer records information, biometric information, geolocation data, browsing information, etc. Don’t forget to identify sensitive personal information (SPI), such as Social Security Numbers, biometrics, , geolocation data, and private communications. Mapping data flows is crucial to understanding how PI moves through your systems and who it’s shared with. Determine retention periods for each category of personal information. Document the legal basis for processing each category of personal information. Assess current data minimization practices. data inventory and mapping technology to fully automate the discovery of personal information (including sensitive personal information). 2. Update privacy notices: transparency is key Ensure your privacy notice clearly communicates the organization’s data practices to consumers. Review the existing privacy notice for CCPA compliance. Clearly and conspicuously disclose categories of personal information collected. Clearly and conspicuously disclose purposes for collecting personal information. Clearly and conspicuously disclose categories of personal information sold or shared and to whom. Clearly and conspicuously disclose purposes for selling or sharing personal information. Clearly and conspicuously disclose categories of sensitive personal information collected and the purposes for its collection and use. Ensure your disclosures provide consumers with a meaningful understanding of the processing of their personal data. Do not use generic descriptions. Explain consumer rights under CCPA (right to know, delete, correct, opt-out of sale/sharing/ADMT, limit use of sensitive data, access ADMT information, non-discrimination). Provide clear instructions on how consumers can exercise their rights. Disclose retention periods for each category of personal information, or the criteria used to determine such periods. Ensure the privacy notice is easily accessible on your website or mobile app (including within the menu settings). Translate the privacy notice into relevant languages if your business serves a diverse consumer base. Implement a process for regular review and updates of the privacy notice. Provide a pre-use notice before processing personal information through Automated Decision-Making Technologies (ADMT). 3. Consumer rights management: Empowering individuals Establish a system for receiving and responding to Develop a clear process for verifying consumer identity for “right to know”, “right to correct”, “right to delete”, and “right to access ADMT information” requests. Ensure identity verification is not required for the “right to opt-out from sale/sharing of personal information”, the “right to limit the processing/disclosure of sensitive information”, and the “right to opt out from ADMT”. Ensure that only necessary information is collected and used for identity verification purposes, and that such data is not used for any additional purpose without consent. Create standardized procedures for fulfilling each type of request (be aware of timelines for the right to know, access, and delete within 45 days, extendable to 90 days with notice): Train staff on handling consumer requests and verification procedures. Maintain records of consumer requests and responses. Implement a process for addressing appeals of consumer rights decisions. Ensure non-discrimination against consumers who exercise their CCPA rights. Ensure the links required by the CCPA to allow consumer to exercise their rights are available on every webpage where personal information is collected or for mobile applications, on the platform page, the download page, and the menu settings within the application. 4. Vendor and contractor management: Ensuring third-party compliance Identify all third-party vendors and contractors who receive or process personal information. Review existing contracts with identified vendors/contractors for CCPA compliance. Require all new and existing contracts to include specific CCPA-compliant clauses (e.g., auditing and monitoring provisions, and breach reporting obligations). Require all new and existing contracts to include specific CCPA clauses that require vendors and contractors to assist controllers with cybersecurity audits, risk assessments, and responding to consumer rights. Conduct due diligence on new vendors’ privacy and security practices. Implement a process for regular review and assessment of vendor compliance. Establish clear communication channels with vendors for handling consumer requests and data incidents. Maintain a centralized record of all third-party vendors and their data processing activities. 5. Data governance and security: Protecting information Implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information. Develop and implement a comprehensive data retention policy. data breach response plan principles – collect only the personal information necessary for the stated purpose. Establish clear internal policies and procedures for data handling and security. risk and compliance solutions and TrustArc tools for conducting security audits, of all data management-related technologies, and risk assessments of third parties’ compliance processes and procedures. 6. Employee and training programs: Internal awareness Develop a comprehensive CCPA training program for all relevant employees. Provide specific training for employees responsible for fulfilling consumer rights requests. Integrate privacy awareness into new employee onboarding processes. Establish clear internal guidelines and policies for data privacy and security. Provide a point of contact for employees to ask privacy-related questions or report concerns. 7. Opt-out and consent mechanisms: Giving control to consumers Implement a clear and conspicuous “Do Not Sell or Share My Personal Information” link on every webpage where personal information is collected, including within mobile applications. Implement a clear and conspicuous “Limit the Use of My Sensitive Personal Information” link. Implement a clear and conspicuous “Opt-Out from ADMT” link on relevant webpages. Global Privacy Control (GPC) signals as valid opt-out requests for sale/sharing. Provide consumer means to confirm the status of their choices regarding the opt-out of the sale/sharing and the limiting of the processing of sensitive information, such as “Opt-Out Request Honored.” Clearly explain the implications of opting out of the sale/sharing. Ensure that opting out and limiting the processing of sensitive data is frictionless and does not require creating an account. Provide a mechanism for consumers to change their consent preferences at any time. cookies or similar tracking technologies , ensure compliant consent mechanisms. Avoid dark patterns that trick or manipulate consumers into opting in or not opting out. 8. Monitor and respond to enforcement actions: Staying informed 9. Prepare for amendments: Immediate impact Engage legal counsel to ensure accurate interpretation and implementation of new requirements. Review and update internal policies and procedures to reflect CCPA changes. 10. Conduct regular reviews: Continuous improvement Periodically review and update your compliance programs to reflect changes in the law, business practices, or enforcement trends. Perform tabletop exercises to test the effectiveness of processes for consumer rights requests, vendor management, employee training, and data breach response plans. Document all review findings, including any identified deficiencies. Develop and implement corrective action plans for any non-compliance issues. Track the progress of corrective actions and verify their effectiveness. privacy and legal solutions to implement and maintain data management policies and procedures and address CCPA compliance requirements in contracts with service providers, third parties, contractors, and other entities. 11. Comply with Other Obligations Conduct annual cybersecurity audits when processing poses significant risks to consumers. Perform a risk assessment when processing poses a significant risk to consumers’ privacy. complexities of CCPA compliance doesn’t have to be an overwhelming task. By systematically working through the checklist provided, businesses can build a robust framework that not only meets legal obligations but also fosters greater trust with their customers. Remember, privacy is an ongoing journey, not a one-time destination. Regular reviews, continuous adaptation to evolving regulations like the CCPA, and a commitment to data protection will ensure your business remains compliant, protects consumer privacy, and strengthens its reputation in the ever-changing digital world. Embracing these practices is not just about avoiding penalties; it’s about building a more responsible and customer-centric business for the future. Get detailed insights, tools, and templates to help you manage the CCPA and other regulations. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/webinar-it-is-time-to-rethink-privacy/ TITLE: Introducing Arc: It’s Time to Rethink Privacy | TrustArc TYPE: resource --- Introducing Arc: It’s Time to Rethink Privacy Today’s privacy professionals face a dynamic and demanding landscape of fast-evolving laws, mounting regulatory enforcement, rising customer expectations, and managing complex programs – often with limited resources. With decades of experience delivering best-in-class privacy solutions – and an in-house team with more than 400 years of combined program-building expertise – we know you deserve a better way . It’s time to rethink privacy and transform how teams work. Join TrustArc’s leaders for the unveiling of our latest breakthrough, Arc, and see how we’re redefining what’s possible for privacy teams everywhere. Introducing a privacy management platform that thinks and works like you do: enough to anticipate your needs, enough to cut through complexity, and in one modern workspace – so you can Join us for the unveiling of Arc and see how we’re redefining what’s possible in privacy. In this exclusive launch event, you’ll experience: A modern privacy workspace that empowers teams to work smarter, faster, and better Intelligence that unlocks new levels of speed, insight, and measurable outcomes Human-centric AI that is transparent, trustworthy, and purpose-built for privacy leaders A unified platform delivering scale, savings, and simplicity General Counsel & Chief Privacy Officer, TrustArc Chief Product Officer, TrustArc Chief Technology Officer, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/data-anonymization/ TITLE: Data Anonymization Techniques for Privacy Compliance | TrustArc TYPE: resource --- The rise of data anonymization as a compliance imperative Privacy leaders are reshaping business strategy. What used to be an afterthought—a late-stage scramble to redact or obfuscate—has evolved into a cornerstone of compliance, ethics, and brand trust. Global regulations from the are pushing organizations to prove that personal data has been effectively anonymized before use, sharing, or analysis. Meanwhile, AI systems are creating new data dependencies that make anonymization both more complex and more crucial. Businesses are no longer asking, The answer lies in balancing technical precision with strategic intent: protecting individual privacy while preserving the data’s analytical value. This article examines today’s leading data anonymization techniques, enabling you to evaluate, compare, and implement methods that align with your organization’s risk profile, regulatory environment, and long-term data strategy. Why data anonymization is central to privacy and compliance strategies Effective anonymization supports three key pillars of privacy governance: data minimization, lawful processing, and risk reduction. From the GDPR’s Recital 26 to Safe Harbor rule, global frameworks recognize anonymization as a privacy-preserving practice that transforms identifiable data into non-identifiable information. When done correctly, anonymized data may fall outside the scope of many privacy laws, thereby reducing compliance burdens and enforcement risks. However, the nuance lies in the Weak anonymization can still leave organizations exposed to re-identification risk, especially when datasets are cross-referenced with public or third-party information. Regulators, including the European Data Protection Board and the U.S. Federal Trade Commission, continue to emphasize that anonymization must be irreversible in practice TrustArc’s Privacy & Data Governance Framework helps organizations understand where anonymization fits into the broader compliance lifecycle: identifying sensitive data, assessing contextual risks, and documenting accountability. Understanding the core data anonymization techniques Privacy professionals don’t just anonymize data; they architect protection. Each technique carries unique benefits, limitations, and operational implications. Below are the foundational anonymization techniques recognized across privacy standards, including , as well as the Future of Privacy Forum’s Visual Guide to Practical Data De-Identification What it is: Obscuring or replacing parts of sensitive data to prevent identification. Example: Displaying only the last four digits of a credit card number. When to use it: Ideal for testing environments or data sharing where full values aren’t necessary. What it is: Reducing data granularity to make individuals less identifiable. Example: Replacing an exact birthdate (“June 12, 1985”) with an age range (“35–40”). When to use it: Effective for demographic analysis where trends matter more than specifics. What it is: Replacing direct identifiers with reversible pseudonyms or tokens. Example: Using a coded ID in place of a customer’s name. When to use it: When data utility is critical and a secure key management process exists. Note: Under GDPR, pseudonymized data remains personal data—it reduces but doesn’t eliminate privacy risk. What it is: Generating artificial datasets that statistically mimic real data. Example: Training an AI model on synthetic healthcare records rather than actual patient data. When to use it: Ideal for innovation and AI development, reducing exposure of real personal data. Data Swapping (Permutation) What it is: Randomly exchanging attribute values among records to break the link between data and individuals. Example: Swapping ZIP codes among users while retaining overall distribution patterns. When to use it: For statistical data releases where aggregate accuracy is more important than individual precision. Data Perturbation (Noise Addition) What it is: Introducing small random variations into numerical data to obscure exact values. Example: Adding ±5% variation to salary data in analytics reports. When to use it: When maintaining statistical properties is essential for analytics or AI training. What it is: Converting data into an unreadable form without a decryption key. Example: AES or RSA encryption for stored or transmitted data. When to use it: While not anonymization itself, encryption ensures data remains inaccessible if breached. What it is: Introducing uncertainty into data relationships to prevent tracing back to individuals. Example: Randomly modifying a subset of dataset attributes. When to use it: When releasing datasets publicly, especially in open data initiatives. What it is: Grouping data into summary statistics. Example: Reporting revenue by region instead of by customer. When to use it: For compliance reporting, benchmarking, and risk reduction through de-identification. Each technique can be layered or combined, depending on your risk appetite and regulatory context. Privacy experts are increasingly recommending hybrid models, such as generalization and perturbation, to achieve stronger protection without compromising analytical integrity. For a deeper dive into how anonymization compares with pseudonymization—and how each technique can strengthen your compliance posture—explore Anonymization vs. Pseudonymization: How to Protect Data Without Losing Sleep (or Compliance) . It breaks down when to use each method, how they align with GDPR and global privacy laws, and why both are essential tools in a modern privacy program. Comparing techniques: Privacy protection vs. data utility In privacy engineering, perfection is the enemy of practicality. The challenge lies in finding the right balance between Comparison of data anonymization techniques Re-identification Resistance Finding balance requires both technical insight and policy alignment. Effective anonymization should be assessed through a where acceptable utility loss depends on the dataset’s purpose, sensitivity, and potential exposure. The future of anonymization is about adaptive governance that evolves with data usage, technology, and regulation. Implementation considerations for privacy and risk teams Anonymization doesn’t exist in isolation. It thrives when anchored within a structured privacy governance framework. 1. Identify personal data inventory. Use privacy management solutions like TrustArc’s Data Mapping & Risk Manager to automatically discover, map, and classify personal data across systems and processes. 2. Assess re-identification risk. Not all anonymized data is equally safe. help determine the likelihood of re-identification based on data type, volume, and availability of external datasets. 3. Select context-appropriate techniques. For instance, a healthcare provider may combine masking and aggregation, while a tech company developing an AI model may favor synthetic data or perturbation. 4. Document your methodology. Maintain detailed logs of anonymization methods, rationale, and testing outcomes. This documentation can serve as evidence of compliance and due diligence. Documenting anonymization processes also supports record-keeping and audit readiness, ensuring that privacy actions are traceable and defensible during regulatory reviews. Re-identification risks evolve as new datasets emerge. Schedule periodic reviews, especially before sharing data externally or deploying new analytics systems. When and how to reassess your anonymization strategy Anonymization is not a “set it and forget it” safeguard. Privacy leaders must treat it as a , continuously refined as data, technology, and laws evolve. Reassessment should be triggered by: New data collection or processing activities. Expansion into new markets with distinct privacy requirements. Advances in data analytics or AI that may increase re-identification risks. Regulatory updates or enforcement trends (e.g., EDPB guidance). Cross-functional collaboration between Privacy, IT, and Security teams is critical. The organizations that thrive are those where privacy leaders guide technical innovation, not react to it. Navigating the ecosystem: frameworks and resources To stay compliant and future-ready, align your anonymization practices with recognized standards and frameworks: Offers a structure for integrating anonymization within broader risk management practices. Defines terminology and classification for anonymization and pseudonymization techniques. European Data Protection Board (EDPB) Guidelines: Clarify when anonymized data falls outside regulatory scope. For organizations seeking to operationalize governance around these standards, TrustArc’s Privacy Intelligence Platform provides tools to assess, monitor, and document compliance across multiple jurisdictions, ensuring that anonymization fits into a holistic privacy program. Building confidence in your anonymization strategy Privacy isn’t just a shield; it’s a strategy. When privacy leaders integrate anonymization into their governance programs, they don’t just reduce risk; they accelerate innovation, strengthen public trust, and future-proof compliance. The goal isn’t to anonymize everything. It’s to anonymize intelligently. Identify the data that drives value, protect what could cause harm, and continuously test your safeguards. Because in a world where data never sleeps, privacy leaders are the ones setting the standard for responsible, resilient growth. See Your Data. Strengthen Your Decisions. Automatically discover, map, and classify personal data to assess risk, streamline reporting, and power every privacy decision with confidence. Connected Governance. Continuous Compliance. PrivacyCentral connects assessments, workflows, and reporting across your entire program—so compliance becomes seamless, not stressful. ==================================================================================================== URL: https://trustarc.com/resource/generative-ai-for-regulatory-compliance/ TITLE: Generative AI for Regulatory Compliance | TrustArc TYPE: resource --- Regulatory compliance has always been a game of precision and speed. Miss a rule, delay a report, or mishandle personal data, and the penalties can be steep. But as global regulations multiply like Gremlins exposed to water, many organizations are struggling to keep up. Manual compliance processes, while thorough, are often cumbersome, error-prone, and unsustainable at scale. : a transformative force in regulatory compliance that is rewriting the rulebook for how privacy, risk, and compliance professionals work. With AI tools now capable of interpreting legislation, automating reporting, assessing risk, and even generating privacy documentation, it’s no longer science fiction. 2025 TrustArc Global Privacy Benchmarks Report 53% of organizations still rely on manual processes to manage privacy activities. The cost of that choice is clear: 62% of those teams report being behind schedule in meeting regulatory requirements. That’s more than inefficiency—it’s institutional vulnerability. 62% of privacy teams relying on manual processes are already falling behind on regulatory requirements. Meanwhile, organizations that have embraced automation are not only faster but also far more confident in their ability to comply with evolving laws like the . In today’s landscape, manual compliance slows progress and puts your program at risk. This article explores how generative AI empowers compliance teams to overcome these challenges, enhance governance, and build trust without sacrificing speed, security, or ethical integrity. What is generative AI and its role in regulatory compliance? Generative AI refers to machine learning models—most notably large language models (LLMs)—that generate human-like text, code, or other data based on a given prompt. But in the context of regulatory compliance, generative AI is more than a clever writer. It’s a compliance copilot. Imagine a system that reads new regulations the moment they’re published, summarizes what’s relevant to your business, compares them to your current practices, and flags gaps in your privacy program. That’s the promise of generative AI for compliance. Key AI capabilities in a compliance context: Automated regulatory interpretation: AI can review legal and regulatory text and extract obligations by jurisdiction or sector. AI can compress dense legalese into digestible summaries for executive teams or internal stakeholders. Risk detection and pattern recognition: AI can surface anomalies or trends in third-party due diligence, DSR handling, or breach notifications. AI can compare current policies and procedures with new regulatory requirements to flag inconsistencies or outdated controls. In short, generative AI doesn’t just help you understand the rules. It helps you play the game better, faster, and more proactively. The key benefits of using AI models for regulatory compliance Streamlining regulatory change management If you’ve ever tried to track privacy legislation across the U.S., you know it’s like playing whack-a-mole with state laws. New bills pop up weekly, interpretations evolve, and enforcement guidelines often arrive late. AI tools can automatically monitor hundreds of regulatory sources across jurisdictions, analyze proposed legislation, and flag what matters most to your industry or data processing activities. This is where TrustArc’s stands out. Purpose-built for privacy professionals, Nymity combines over 25 years of legal expertise with powerful automation to simplify the chaos of global regulatory change. Instead of relying on outdated spreadsheets or static summaries, Nymity Research provides continuously updated, side-by-side law comparisons across 244+ jurisdictions. With features like customizable alerts, region-specific enforcement tracking, and executive insights powered by Morrison Foerster and TrustArc’s in-house privacy experts, it delivers the clarity and speed privacy teams need to stay ahead. —your research co-pilot—you can ask plain-language questions like “Does Brazil’s LGPD require a DPO?” and receive citation-backed answers in seconds. No legalese, no delays. Instead of wasting hours on manual Google Alerts or regulatory email chains, your team can stay focused on high-impact strategy. Nymity Research does the heavy lifting, delivering clarity when and where it counts. To see how it works in practice, and experience faster, smarter privacy research firsthand. Enhancing risk assessment and due diligence Third-party risk assessments , vendor audits, and DPIAs can involve mountains of documentation. AI helps digest these at lightning speed. By analyzing contracts, SOC 2 reports, ISO certifications, and other risk signals, AI identifies red flags faster and more consistently than a human review team. For example, an AI model can flag a third-party vendor that lacks data minimization practices under GDPR or fails to include DPA clauses in contracts. TrustArc extends these capabilities with AI-enhanced vendor risk assessments . Instead of manually comparing questionnaires, certifications, and policies across dozens of vendors, compliance teams can rely on automated scoring frameworks and prebuilt templates. TrustArc’s Data Mapping & Risk Manager catalogs business processes, data flows, and third-party relationships, generating automated risk reports and mapping findings against 130+ global privacy laws. actionable clarity at scale : privacy teams can spot contractual gaps, prioritize high-risk vendors, and launch remediation workflows without drowning in spreadsheets or emails. Whether you’re onboarding a new cloud provider or re-certifying a long-term partner, AI supports more comprehensive and defensible due diligence in front of regulators. Improving Operational Efficiency Manual compliance tasks—like reviewing consent logs, verifying DSR completion, or preparing audit documentation—are tedious but critical. Generative AI can automate much of this administrative overhead. By reducing the manual burden, AI frees privacy pros to focus on higher-order thinking : interpreting the law, aligning strategy, and championing ethical governance. Overcoming challenges and ensuring AI governance Of course, it’s not all sunshine and neural networks. The adoption of AI in compliance raises real concerns, from data privacy to transparency to trust. The importance of ethical AI for compliance Using AI to ensure compliance while ignoring its ethical implications is like putting the Joker in charge of Arkham Asylum. AI models must be explainable, fair, and governed by clear policies. Ethical AI isn’t a nice-to-have; it’s a regulatory imperative. Emerging frameworks, including the EU AI Act and , are already enacting ethical AI principles into law. Building trust with AI-powered solutions Stakeholders—including regulators, internal leadership, and even customers—need confidence that your AI tools are secure, auditable, and free from bias. Trust cannot be retrofitted once the system is built; it has to be embedded from day one. That’s why building trust with AI-powered solutions requires a multi-dimensional approach. robust AI governance frameworks to define boundaries, assign ownership, and formalize oversight structures. But structure alone isn’t enough. Human oversight remains essential. Even the most sophisticated algorithms need regular review, especially when they influence decisions about individuals, data usage, or regulatory interpretations. A compliance officer or data ethics committee should have the authority to audit and override AI-driven outputs when necessary. Another pillar is transparency. This means organizations should be able to explain how their models are trained, what data was used, what assumptions were made, and how outputs are generated. Explainability isn’t just good practice—it’s increasingly a legal requirement, particularly under laws like the EU AI Act. Bias mitigation also plays a central role. From training datasets to deployment scenarios, every stage should be evaluated for unintended bias or discriminatory outcomes. That’s especially important in sensitive areas like hiring, financial services, or healthcare, but it applies to privacy and compliance tech, too. Reputationally, trust is earned through consistency and clarity. Internally, that means enabling cross-functional understanding of how AI tools operate. Externally, it means being ready to explain your AI usage to auditors, regulators, and data subjects alike. Trust is the cornerstone of compliance, and generative AI can help build or break it depending on how responsibly it’s deployed. When used ethically and transparently, AI becomes a trust amplifier. How generative AI enables compliance teams to stay ahead Traditional compliance programs often operate with a lag—reacting to change only after it has been codified or enforced. Generative AI flips that script. With predictive analytics and real-time monitoring, AI can forecast compliance risks, surface trends, and highlight where you’re likely to fall short before you actually do. For example, an AI model could analyze the volume and type of DSRs coming into your system and predict future spikes based on marketing campaigns or regional privacy law enforcement trends. This shift from reactive to proactive compliance is like upgrading from a flip phone to the Bat-Signal. It’s a whole new level of visibility and readiness. Core features of an AI compliance platform Not all AI tools are created equal. A true compliance-grade AI platform should include: Centralized compliance dashboards: Unified visibility across jurisdictions, frameworks, and risk areas. Automated regulatory intelligence: Real-time updates on law changes and regulatory alerts. Smart document generation: Automated policy creation, risk reports, or DPIAs customized to your business. Audit trails and explainability: Full traceability of AI decisions, model outputs, and user interactions. Consent and data subject request tracking: AI-assisted fulfillment and compliance recordkeeping. Tools for defining acceptable use, monitoring AI behavior, and enforcing responsible use policies. The future of AI in regulatory compliance: Trends to watch Regulators and enterprises alike are demanding that AI decisions be interpretable. XAI tools will help translate machine logic into plain language, essential for audits and executive reporting. LLMs Tailored for Legal Text General-purpose LLMs (like GPT) are evolving into niche, fine-tuned models trained on privacy and regulatory corpora. These models will power next-gen AI copilots for legal teams and CPOs. Integration With GRC Ecosystems Expect tighter integration between AI engines and GRC platforms, making compliance workflows seamless from risk identification to control mapping to certification. Scaling compliance programs with TrustArc AI solutions TrustArc brings together decades of privacy expertise with cutting-edge AI capabilities to support modern compliance programs. Whether you’re looking to monitor global regulatory changes, accelerate data subject request fulfillment , or build a responsible AI governance program, AI-driven risk assessments Real-time regulatory alerts Prebuilt frameworks for GDPR, CCPA, and more Automated audit trails and dashboards Integrated tools for AI governance, ethics, and accountability Ready to transform your compliance strategy with AI? Smarter Mapping. Safer Decisions. Automate data flow mapping, generate instant risk analyses, and get intelligent recommendations for assessments while maintaining on-demand reporting and audit trails. Regulatory Research, Reinvented. Compare global privacy laws in seconds, customize insights to your business, and rely on AI-powered answers backed by 25 years of expertise. Stop searching. Start solving. Frequently Asked Questions (FAQs) What is the main benefit of using AI for regulatory compliance? AI improves accuracy, speed, and scalability by automating complex tasks such as regulatory monitoring, risk assessments, and documentation generation—helping reduce non-compliance risk and operational burden. How does AI help with regulatory change management? AI tools can scan, track, and interpret evolving regulations across jurisdictions, providing real-time alerts and summaries tailored to your business needs. Is it safe to use AI for handling sensitive compliance data? Yes, when governed properly. AI platforms like TrustArc’s implement strong data security, encryption, access controls, and audit trails to protect sensitive compliance data. What are some examples of AI tools for regulatory compliance? Generative AI for drafting privacy policies LLMs trained on global privacy laws AI dashboards for risk analysis Automated consent and DSAR fulfillment tools AI governance platforms that enforce ethical usage When deployed and governed responsibly, generative AI is not a threat to compliance. It’s a turbocharger. When deployed ethically and strategically, AI empowers privacy and compliance teams to manage complexity, reduce risk, and build trust. ==================================================================================================== URL: https://trustarc.com/resource/vendor-risk-management-privacy-programs/ TITLE: Vendor Risk Management for Privacy & Compliance | TrustArc TYPE: resource --- When a breach makes headlines, no one remembers which vendor was responsible—they remember the brand that trusted them . In today’s hyperconnected business ecosystem, privacy leaders recognize that third-party risk is no longer a niche compliance concern; it has become a board-level imperative. Effective vendor privacy risk management has become central to every mature privacy program, ensuring accountability across all third-party relationships. With AI, automation, and global data sharing driving innovation, organizations are increasingly relying on vendors for critical operations. But each partnership introduces new exposure, especially as vendors rely on their vendors. Managing this expanding web of risk is now a defining test of a mature privacy program. Identify and assess vendor risks faster with TrustArc’s Data Mapping & Risk Manager. Automate discovery, visualize data flows, and prioritize high-risk vendors in one place. The rise of privacy risk: When “your vendor’s fault” becomes your problem Vendor reliance has expanded across various industries, from SaaS and cloud services to data analytics and AI-powered platforms. According to Global Third Party Breach Report 35% of breaches in 2024 were tied to third parties These incidents have shifted third-party risk management (TPRM) from a box-checking exercise to a strategic necessity. As privacy expectations and regulations evolve, organizations need vendor risk management for privacy programs that go beyond security questionnaires to include continuous oversight and automation. Modern privacy laws make this explicit. Under , controllers must ensure processors provide sufficient guarantees for lawful processing, and they can be held for vendor missteps. U.S. regulations, including the , as well as privacy laws in , echo these requirements, mandating data processing agreements, oversight mechanisms, and transparency into vendor activities. regulators and customers don’t care whose fault it was . Whether a third-party vendor mishandles data or an AI system behaves unpredictably, the organization that collects the data bears responsibility. Beyond fines: The real cost of third-party failure Regulatory penalties are only part of the fallout. The 2,700 organizations worldwide, serves as a cautionary tale: even companies with compliant contracts in place were drawn into headlines, lawsuits, and breach notifications. The ripple effects are brutal: intensifies with every incident, consuming resources and damaging relationships with data protection authorities. erodes customer trust faster than any fine can. , including forensics, credit monitoring, class-action lawsuits, and system overhauls, can persist for years after the incident. And once you’re in regulators’ sights, as one former FTC employee explained “they’re not keen to leave.” The takeaway: proactive vendor oversight isn’t just about avoiding penalties; it’s about staying off the front page Use Data Mapping & Risk Manager to automatically surface and score third-party risks—so you can focus on prevention, not damage control. Why third-party risk is now a privacy compliance issue For years, vendor management was viewed as a function of IT or procurement. But the rise of AI, cross-border data transfers, and real-time personalization has turned it into a privacy compliance issue. The convergence of privacy, security, and has created a new reality: vendor oversight can’t live in silos. Privacy leaders are consolidating procurement, legal, and IT functions into cohesive, risk-based frameworks that comprehensively manage third-party data exposure. Building a unified approach to vendor risk assessment for privacy helps organizations identify high-risk vendors earlier and maintain compliance confidence as technologies evolve. The C-suite and boards are paying attention, too. Vendor risk now sits alongside financial and cyber risk in enterprise risk management reports. Executives are asking not privacy teams have vendor oversight, but “how mature and automated” that oversight really is. The new frontier: AI, opacity, and “function creep” AI has amplified vendor privacy risk in ways that defy traditional oversight. Vendors may use customer data for model training without consent, thereby undermining the GDPR’s purpose limitation principle and the CCPA’s data use restrictions. Others embed opaque models that make accountability nearly impossible. “Function creep” has emerged as a growing privacy hazard, occurring when vendors expand their data use—say, from customer support to marketing or product training—without the organization’s awareness or approval. and FTC’s “Operation AI Comply” expand regulatory scrutiny, privacy teams must evolve from checkbox compliance to continuous oversight. Annual questionnaires no longer cut it. Privacy leaders must balance rigor with agility, building systems that move at business speed without compromising oversight. Key risks in today’s third-party landscape The modern third-party ecosystem is vast, fast-changing, and often invisible. The top risks include: Fourth-party vendors often operate below the radar, increasing the chance of unmonitored data sharing. Employees or teams adopting unvetted AI tools can expose sensitive data outside governance controls. Vendors may dynamically shift processing locations, creating undisclosed international data flow risks. “AI-certified” vendors may rely on unverified or self-issued attestations—robots vouching for robots. Even airtight agreements fail without ongoing monitoring and audits. Each of these risks underscores a central truth: vendor risk management is no longer a static checklist; it’s a living, breathing part of privacy compliance. Automating vendor privacy monitoring for continuous compliance As privacy programs scale, manual oversight becomes unsustainable. Adopting automated vendor privacy monitoring enables privacy teams to track data handling practices in real time, reduce administrative effort, and ensure audit readiness across all third-party relationships. Accelerate your oversight: Automate continuous vendor monitoring and DPIAs with TrustArc’s Data Mapping & Risk Manager . Turn manual tracking into proactive compliance. How to build a scalable, risk-based vendor assessment process The most effective privacy programs treat vendor risk management as a lifecycle, not a milestone. A structured, repeatable process that spans planning, due diligence, tiering, and ongoing monitoring ensures consistency, accountability, and scalability. Modern vendor risk management software supports this lifecycle by centralizing assessments, automating due diligence, and standardizing reporting across departments. Define your organization’s risk appetite and “no-go” thresholds before sourcing vendors. Align these with board expectations and regulatory frameworks. Identify categories such as SaaS, AI, cloud, and data processors, and establish tiering logic based on data sensitivity, business criticality, and AI involvement. Require vendors to disclose their use of AI and subprocessors upfront. Screen out high-risk options that lack certifications, such as SOC 2 or . Engage Privacy and InfoSec jointly in the scoring process to align technical and legal evaluation. Move beyond yes/no questionnaires. Demand evidence of AI governance, training data limits, and red-teaming practices. Review data flow diagrams and cross-border transfers. Enforce audit rights, subprocessor approvals, and AI transparency clauses in contracts. Apply a consistent scoring model combining data sensitivity, access level, AI usage, and process criticality. Document why a vendor is high, medium, or low risk—this defensibility matters during audits. 5. Monitoring and change management Implement continuous monitoring, not annual checkups. Trigger reviews when vendors add new features or pivot toward AI. Maintain a vendor change log and ensure contracts evolve as risks do. 6. Onboarding and offboarding Grant least-privilege access and validate integrations before go-live. At offboarding, verify data return or certified deletion, including model retraining limits for AI vendors. Trust, but verify. Comparing approaches: Manual, policy-driven, or automated Organizations often evolve through three stages of vendor oversight: from manual tracking to policy-driven programs, and ultimately to automated platforms. Manual tracking (spreadsheets) Prone to error; lacks an audit trail Small or early-stage programs No real visibility into vendor actions Automated vendor risk platforms Continuous monitoring, unified evidence, regulatory alignment Scaling or mature programs Automation doesn’t eliminate human judgment. It enables it. By centralizing data and workflows, privacy teams can evaluate vendor risk more efficiently, respond to changes dynamically, and maintain audit-ready documentation without manual effort. Aligning Procurement, Legal, IT, and Privacy: Building the “guardians of the organization” One of the most resonant insights from the TrustArc webinar came from Janalyn Schreiber , who described privacy and InfoSec as “the guardians of the organization.” Their mission: to protect innovation without slowing it down. joint vendor review processes between Privacy, Legal, and InfoSec. that consolidate vendor risk insights across functions. —who leads on contract review, technical evaluation, or regulatory mapping—to prevent bottlenecks. to “ask the right questions” before adopting new tools. This collaborative model ensures privacy leaders aren’t viewed as blockers but as strategic enablers who make responsible innovation possible. How leading organizations use vendor risk management software to automate oversight Forward-looking organizations are shifting from reactive to predictive oversight. According to the IAPP-EY Annual Privacy Governance Report , more than 60% of mature privacy programs now use automated systems to track vendor risk. Today’s third-party risk automation tools help privacy leaders streamline workflows, maintain evidence, and proactively identify vendor risks before they escalate. TrustArc’s Data Mapping & Risk Manager tools exemplify this approach: Data Mapping & Risk Manager: Automates vendor discovery, dynamically scores jurisdictional and processing risks, and launches DPIAs or TIAs for high-risk vendors. Conducts scalable, automated assessments that tie directly to data flows and systems. Benchmarks vendor activities against 130+ global laws and frameworks while automating compliance tracking. Together, these solutions transform TPRM from a manual spreadsheet marathon into an intelligent, automated process that scales with the enterprise. can reduce manual effort by up to 80%, freeing privacy professionals to focus on strategy rather than tedious spreadsheet tasks. From reactive to resilient: The future of vendor privacy risk management The vendor landscape is evolving faster than regulation can keep pace. AI, decentralized architectures, and global data flows will continue to blur the boundaries of accountability. But this is where privacy leaders thrive: at the intersection of innovation and integrity. Organizations that embrace automated, risk-based vendor privacy management are doing more than complying; they’re building resilience. They’re turning oversight into opportunity and ensuring trust becomes a competitive advantage, not an afterthought. Because in a world of infinite connections, your privacy program is only as strong as your weakest vendor . And with the right strategy, tools, and teamwork, that weakest link can become your strongest defense. Ready to take vendor risk management from reactive to resilient? Discover how TrustArc’s vendor privacy risk solutions, including Data Mapping & Risk Manager, Assessment Manager, and PrivacyCentral, serve as powerful third-party risk automation tools that streamline oversight, minimize regulatory exposure, and strengthen privacy compliance across your ecosystem. Smarter Mapping. Stronger Risk Control. Automatically discover, assess, and score vendor risks across your data ecosystem. Map data flows, streamline assessments, and launch DPIAs or TIAs in minutes—all from one intelligent platform. One Platform. Complete Compliance. Unify your privacy operations with built-in intelligence. Benchmark activities against 130+ global laws, automate tracking, and manage compliance from a single command center. ==================================================================================================== URL: https://trustarc.com/resource/automate-gdpr-ropa-data-mapping/ TITLE: Automate ROPAs Fast: Cut Manual Work by 80% | TrustArc TYPE: resource --- 2. Record exchange: Pre-built templates for common systems If AI Autofill is the accelerator, Record exchange is the launchpad. TrustArc analyzed thousands of customer records and created a central repository of pre-populated templates for the most common systems and third-party vendors; think Google Drive, Jira, Office 365, and AWS. Instead of building each record from scratch, teams simply select and import relevant systems directly into their data inventory. This shared library helps teams: Jumpstart ROPA creation in minutes. Maintain consistent naming and metadata across departments. Avoid duplicating work already done by others in the same ecosystem. It’s plug-and-play compliance without the growing pains. 3. Third-party discovery: Illuminating the dark corners of vendor data The truth is, most organizations underestimate their third-party data footprint. Between shadow IT and evolving SaaS usage, new vendors often enter the data ecosystem unannounced. TrustArc’s Third-Party Discovery offers a fast way to surface these blind spots. It scans your organization’s public websites such as your main marketing or product domains and identifies embedded third-party services that may be processing personal data. This gives privacy teams a low-effort starting point to: Spot third-party vendors that haven’t been formally documented Add suggested vendor records into the TrustArc inventory after review Enrich those records using AI Autofill Trigger vendor risk assessments once records are added and risk is configured This is not traditional data discovery. TrustArc’s approach is intentionally lightweight. We do not scan internal systems, endpoints, or data lakes. We focus on helping privacy teams accelerate inventory completeness using accessible, privacy-focused inputs. For deeper discovery needs, we offer direct partnerships with leading providers. Customers who require source code scanning, cloud infrastructure visibility, or unstructured data classification can extend TrustArc’s capabilities through integrations with partners like Next.Sec(AI) and BigID. These tools can detect data processing activity across codebases, SaaS platforms, and on-premise systems, with mapped outputs that feed into your TrustArc data inventory. Together, this layered approach supports a range of privacy program maturity levels—from basic web-based discovery to comprehensive enterprise scanning and AI usage detection. If you’re ready to uncover hidden vendors and start building a defensible inventory, schedule a Data Mapping & Risk Manager demo today From inventory to insight: Automated mapping, risk scoring, and reporting Building a ROPA is the start; making it useful is the win. Data Mapping & Risk Manager automates downstream workflows so your inventory becomes actionable intelligence: Automated data flow maps: Visualize how personal data moves across systems, no diagram software required. Instantly calculate inherent risk (based on what data is being processed, where, and why) and residual risk (after applying controls). These scores are grounded in TrustArc’s mapping of 130+ global privacy laws, including requirements related to cross-border transfers and AI use. Generate Article 30 reports and regulator-ready dashboards, minus the late-night scramble. Translation for executives: You get a continuously updated ROPA with a clear risk posture and one-click evidence for audit and oversight. The 80% reduction in manual work: What it really means It’s tempting to see “80% time saved” as a marketing statistic, but for privacy teams, it’s transformative. By automating ROPA population, TrustArc effectively: Reduces manual data entry Speeds up data inventory completion from by eliminating redundant vendor assessments. Strengthens confidence in That efficiency saves time and elevates the role of the privacy function itself. When privacy teams spend less time documenting and more time interpreting, they shift from being compliance caretakers to strategic advisors. See how privacy teams are saving time with Data Mapping & Risk Manager automation. Beyond compliance: The strategic upside of intelligent ROPA management A complete and accurate data inventory is a valuable business asset. Here’s why automation matters beyond Article 30: Faster Data Protection Impact Assessment (DPIA) and Privacy Impact Assessment (PIA) initiation Because Data Mapping & Risk Manager integrates directly with , it can automatically trigger DPIA or PIA workflows when high-risk activities are detected. Data Mapping & Risk Manager automatically calculates inherent and residual risk based on over 130 global laws, ensuring that every data process has a quantifiable risk score. Integrated compliance reporting Privacy leaders can generate on-demand GDPR Article 30 reports or customized ROPA exports for regulators without scrambling through disconnected spreadsheets. Cross-border data flow intelligence The Data Mapping & Risk Manager identifies jurisdictional risks associated with international data transfers , providing the regulatory context necessary to implement safeguards before a breach or audit occurs. A vision for the future: Strategic privacy at scale The next wave of privacy excellence won’t come from bigger teams—it’ll come from smarter workflows. unites data mapping, assessments, privacy research, and risk management under one intelligent umbrella. With Data Mapping & Risk Manager as its backbone, organizations can: with global privacy frameworks. Reduce time-to-compliance while maintaining accuracy and accountability. Build operational resilience that scales with every new regulation. As global regulations multiply and privacy expectations rise, the question isn’t whether automation is the future; it’s whether your privacy program is ready for it. Why TrustArc for ROPA automation —not a GRC tool stretched to fit privacy. Data Mapping & Risk Manager’s automation, risk intelligence, and regulatory mapping are purpose-built for Article 30, vendor risk, and cross-border compliance. With AI autofill, record exchange, and third-party discovery, privacy teams cut effort by up to 80% and gain the insight to lead with confidence. Ready to ditch the manual ROPA grind? See how fast your team can move with automation that builds, enriches, and reports your ROPA in one platform. Book a tailored walkthrough of TrustArc’s Data Mapping & Risk Manager. ==================================================================================================== URL: https://trustarc.com/resource/us-consumer-privacy-laws-2025-update/ TITLE: The Current State of U.S. Consumer Privacy Laws: An Early 2025 Update | TrustArc TYPE: resource --- Navigating the patchwork: The rapid evolution of State privacy laws Remember when consumer privacy laws in the U.S. were mostly synonymous with the California Consumer Privacy Act (CCPA) ? Those days are long gone. In 2025, the patchwork of state privacy laws has expanded dramatically, with 20 states enacting comprehensive privacy regulations, some amending current laws, and more on the way. For privacy professionals, staying ahead of these changes is crucial to mitigating risks, maintaining consumer trust, and avoiding costly penalties. This article comprehensively reviews each state’s privacy regulations, explores their similarities and differences, and offers practical insights to help businesses maintain compliance and future-proof their operations in 2025 and beyond A State-by-State breakdown: What’s in effect, what’s coming As of 2025, the following states have enacted privacy laws: California (CPRA) – Effective January 1, 2023 Virginia (VCDPA) – Effective January 1, 2023 Colorado (CPA) – Effective July 1, 2023 Connecticut (CTDPA) – Effective July 1, 2023 – Effective December 31, 2023 Minnesota (CDPA) – July 31, 2025 Maryland (MODPA) – October 1, 2025 For a comprehensive look at the new data privacy laws taking effect in 2025, check out Preparing for 2025: A Dive into New U.S. Data Privacy Laws With this ever-expanding landscape, businesses must develop adaptive compliance strategies to address varying requirements The common threads: Key similarities across state privacy laws Despite the diversity in these laws, most state privacy acts share common principles, making it possible to create a unified compliance strategy. These include: Threshold-based applicability: Most laws apply to businesses that process data for a minimum number of consumers or derive revenue from data sales. Access, correction, deletion, data portability, and opt-out rights are standard across most states. Privacy notice requirements: Transparency mandates include detailed disclosure of data practices, processing purposes, and Opt-out and consent mechanisms: Many laws mandate opt-out mechanisms for targeted advertising and the sale of personal data, with some requiring explicit opt-in consent for sensitive data processing. Privacy Impact Assessments (PIAs): Several states, including Colorado and Virginia, require for high-risk processing, such as biometric data collection and profiling. Vendor management and contractual requirements: Organizations must ensure data processors adhere to strict contractual obligations concerning data handling. Limitations on data retention and secondary use: principles restrict how long organizations can retain consumer data and limit its use beyond disclosed purposes. The differences: Where States deviate from the norm While a broad compliance framework can cover most state laws, key differences require additional attention. Some of the most significant variations include: 1. Consumer rights and their scope Third-party data sales lists: , Tennessee, and Connecticut. Right to contest automated decision making: Minnesota introduces this new right, requiring businesses to explain profiling results and allow consumers to contest them. This right is also included in the 2025 amendments to the CCPA Regulations and the Amendments to the Connecticut (CTDPA). CCPA Regulations also include the right to access information and to appeal significant decisions. Opt-out rights in mergers and acquisitions: California mandates that consumers’ previous opt-out choices must be honored post-merger. 2. Data minimization standards: Maryland’s groundbreaking approach Maryland’s Online Data Privacy Act (MODPA) goes beyond traditional notice-and-consent models by imposing a strictly necessary standard for data collection and use. This means businesses can only process sensitive data if it is strictly necessary to provide a consumer-requested service, which raises significant compliance challenges. 3. Privacy notices and retention policies uniquely requires businesses to include data retention policies in privacy notices. Maryland requires businesses to provide a third-party notice if they use or share data in ways inconsistent with original disclosures. mandates additional privacy notices for commercial websites and internet service providers. 4. Opt-out signal recognition Most states require organizations to recognize opt-out signals, which allow users to opt out of the sale of their personal information, targeted advertising, and profiling through preference signals sent to an organization with the consumer’s consent by a platform, technology, or mechanism. Preferences signals were first required by California and have been added to the privacy laws of several other states, excluding Virginia, Utah, Iowa, Indiana, Kentucky, Tennessee, and Rhode Island. California is the only state that explicitly requires organizations to recognize Global Privacy Controls (GPC) , while in Colorado, the AG designated GPC as an acceptable universal up-out mechanism (UUOM) . Other states refer to the opt-out signal with general terms such as opt-out mechanisms or signals. Additionally, California is the only state that requires organizations to confirm to consumers if their opt-out request has been honored through a conspicuous sign on their website or similar means Finally, California signed into law the California Opt Me Out Act, adding a new section to the CCPA. This law requires businesses that develop or maintain a browser to establish a function that enables consumers to send them an opt-out preference signal via the browser, which must be easily located and configurable, and clearly notify in a public disclosure how the opt-out preference signal functions and its intended effects. This requirement comes into effect in 2027. 5. Special protections for sensitive data Maryland prohibits the sale of children’s data, while Colorado and require Data Protection Assessments (DPA) for minor-related processing. Colorado, Virginia, Connecticut, and Montana include prescriptive requirements for the processing of children’s data when offering an online service, product, or feature. have introduced geofencing restrictions to prevent tracking individuals near sensitive locations like reproductive health clinics. and Illinois impose stricter rules for biometric data collection, including explicit consent requirements. Colorado is the only state that includes biological data, including , in its definition of sensitive data if it is intended for identification purposes. California has a broader definition of neuronal data in its sensitive data definition, which is not limited to its intended purpose. Connecticut includes neural data, not limited to its intended purpose, in the definition of sensitive data. Regulatory crackdowns: Key enforcement actions and lessons learned Recent enforcement actions provide insight into how regulators interpret and enforce these laws. California’s Attorney General and Privacy Protection Agency (CPPA) have been actively pursuing violations related to non-compliance with consumer opt-out rights, , and inadequate disclosures. Meanwhile, Texas has focused on consent violations for sensitive data processing including lack of consent and without any notice, and collection of location data, signaling a growing regulatory crackdown beyond just California. For example, in 2025, four major CCPA enforcement actions sent a clear signal that California’s privacy regulator will hold companies fully accountable for any barriers, technical or procedural, that impede consumers from exercising their statutory rights. Businesses can no longer rely on the mere existence of a consent or opt‑out tool, and they must continuously monitor and test these mechanisms to ensure they function correctly in practice. , organizations have faced enforcement for failing to provide privacy notices to consumers explaining their right to opt out and the method to cease certain processing, processing sensitive personal information without consent, and failing to notify consumers that their data was being sold. These enforcement actions underscore that organizations must be embedding privacy compliance into everyday operations, including: honoring opt-out signals like Global Privacy Control (GPC) automatically and consistently across all platforms; auditing user interfaces; and maintaining up‑to‑date, compliant contracts with all service providers/vendors. Robust, user‑centered privacy workflows are not just best practices; they are essential to avoiding disruptive enforcement actions and reputational harm. Additionally, enforcement authorities from California, Colorado, and Connecticut are actively examining company website tracking/cookie banners as part of their 2025 enforcement initiatives, to investigate potential noncompliance with the GPC, an easy-to-use browser setting or extension that automatically signals to businesses a consumer’s request to stop selling or sharing their personal information to third parties. Practical strategies for multi-state compliance in 2025 Sector-Specific Privacy Considerations Specific industries face additional regulatory scrutiny due to sector-specific privacy laws. For example: Organizations handling health data must comply with both state privacy laws and , which imposes stringent requirements on how protected health information (PHI) is collected, stored, and shared. GLBA (Gramm-Leach-Bliley Act) , financial institutions must provide clear disclosures and safeguard sensitive consumer financial data, which may exempt them from some state privacy laws but still requires compliance with strict federal requirements. States like California and Vermont impose additional restrictions on data brokers , requiring registration and transparency in data sales. Ensuring compliance in these sectors requires businesses to harmonize state privacy laws with existing federal mandates, often necessitating layered compliance strategies. 1. Standardize where possible, differentiate where needed Implement a baseline compliance framework that meets the highest common denominator across all states. Where laws diverge (e.g., Maryland’s strict data minimization rule), tailor compliance approaches accordingly. 2. Future-proof your compliance program Monitor ongoing rulemaking and legislative amendments—laws evolve quickly. Keep an eye on enforcement trends—California and Texas have aggressively pursued privacy violations. Prepare for new biometric, AI, and emerging as key regulatory priorities. 3. Automate and streamline consumer rights requests With the rise of automated third-party bots submitting mass deletion requests, businesses should leverage identity verification tools and web-based request intake systems to reduce fraud risks. 4. Prioritize privacy by design Integrate Privacy Impact Assessments (PIAs) into product development cycles Adopt data minimization techniques and default privacy settings to ensure compliance from the ground up. Compliance as a strategic business imperative Yes, the U.S. consumer privacy landscape is complex, but businesses that proactively adapt can turn compliance into a privacy management frameworks , automation, and privacy-first product design, organizations can build consumer trust while staying ahead of regulatory changes. With new laws on the horizon and enforcement ramping up, now is the time for businesses to solidify their privacy strategies. Because in 2025, managing compliance isn’t just about avoiding fines—it’s about future-proofing your business in a privacy-first world. U.S. Privacy Law Enforcement Dates Stay ahead of evolving regulations with this summary of key enforcement dates and consumer rights across state privacy laws. Stay ahead of the evolving data privacy landscape with the latest privacy regulations, legal summaries, and operational templates. ==================================================================================================== URL: https://trustarc.com/resource/solving-data-discovery-gap/ TITLE: Solving the Data Discovery Gap | TrustArc TYPE: resource --- You can’t govern what you can’t see. For today’s privacy and security leaders, visibility into internal and third-party data flows is the foundation of trust, compliance, and business resilience. It’s 2025, and your organization’s data footprint probably looks like a streaming multiverse; distributed across systems, vendors, and cloud environments, expanding faster than you can say “data flow diagram.” The problem? Most privacy programs still can’t tell you, with confidence, where all their personal data actually lives. The data visibility void: When you don’t know what you don’t know Every privacy leader knows this paradox: you’re accountable for protecting every byte of personal data, yet much of it remains invisible. Unstructured data in chat logs. Customer personally identifiable information (PII) tucked in a vendor’s sandbox. Legacy systems are quietly holding on to , as if it were 2012. These are not outliers; they’re symptoms of a widespread data discovery gap. TrustArc 2024 Global Privacy Benchmarks Report revealed that even mature privacy programs struggle to maintain accurate, continuously updated data inventories. That gap creates risk in every direction: operational, reputational, and regulatory. Want to see where your own data gaps are hiding? personalized demo of TrustArc’s Data Mapping & Risk Manager to uncover them in minutes. The real cost of data discovery blind spots When you don’t know where your data is: You can’t contain what you can’t find. Regulators lose patience. Demonstrating accountability under begins with identifying the data you process and its location. Vendors become vulnerabilities. Shadow IT and opaque vendor ecosystems exponentially expand risk exposure. In short, a lack of visibility into internal and third-party data flows leaves even strong compliance programs one incident away from chaos. From chaos to clarity: Automated data discovery belong in the same museum as fax machines. They’re too slow, too static, and too dependent on people who already have three other jobs. That’s why modern privacy programs are embracing automated data discovery and mapping, built on the powerful combination of TrustArc’s Data Mapping & Risk Manager and its integration with Next.sec (AI) formerly Privya These solutions don’t just locate data; they contextualize it. Code-level scanning, system integrations, and AI-assisted autofill generate living, breathing inventories that automatically update as your environment changes. Think of it as your privacy program’s GPS—one that recalculates every time a new vendor, API, or data stream appears. See how automated data discovery works in action. and explore how TrustArc can map your data flows instantly. How automated data discovery works TrustArc’s Data Mapping & Risk Manager enables organizations to discover and catalog data across hundreds of systems, populate records with AI, and accelerate compliance with greater accuracy. Website-based third‑party discovery that scans your public domains to suggest embedded vendors you can add to your inventory. Code-level detection through partners like Next.sec (AI) that identify systems and AI usage in your codebase and create or enrich system records. Record Exchange with 800+ prebuilt records for common systems and third parties to speed inventory creation. AI-powered field population that pre-fills up to 80% of inventory records. Auto-generated data flow maps visualizing how personal and sensitive data moves through your ecosystem. Risk scoring and transfer analysis grounded in TrustArc’s mapping of 130+ global privacy laws and jurisdictional analysis for 80+ countries. This is automation that thinks like a privacy professional. Mapping the maze: Visual data flow maps A flat spreadsheet can’t capture the complexity of modern data movement. Automated data flow mapping transforms that static list into a dynamic visualization of how data travels across internal systems, vendors, and geographies. Think of modern data mapping as a “3D blueprint” of your organization’s data ecosystem, showing not only what data exists but how it’s used, shared, and stored. This living map supports: Pull the right systems and data types instantly. Efficient DSR fulfillment. Respond to access or deletion requests with precision. See at a glance where data travels internationally. This living map transforms complexity into clarity. It helps privacy teams see not only what data exists, but how it moves, connects, and evolves across systems and regions. The goal isn’t to capture everything at once. The goal is to focus on the most critical flows, understand how they interact, and expand visibility over time. Vendors: The missing link in data discovery Even the most disciplined data governance program falters when lags behind. Third-party systems often process the most sensitive information, yet they’re the hardest to monitor. TrustArc’s Data Mapping & Risk Manager centralizes vendor records, automates risk scoring, and helps visualize data flows through business process records to give privacy teams visibility into how personal data moves between their organization and external processors. Third‑Party Discovery scans your public websites to suggest embedded vendors. After review, you can add them to your inventory, enrich with AI Autofill or Record Exchange, and launch vendor assessments when needed. This means you’re not just tracking your data; you’re actively managing accountability across your entire data supply chain. When managed effectively, a data inventory becomes a powerful governance tool that builds accountability and transparency acrossall levels of the organization. Explore how TrustArc simplifies vendor risk management with real-time insights. Sensitive data discovery: The new frontier With AI, IoT, and cross-border analytics expanding daily, sensitive data discovery is now a cornerstone of privacy resilience. Identifying and classifying sensitive categories, from biometrics to behavioral data, is no longer optional. TrustArc and partners like work together to go beyond manual labels. Next.sec (AI) detects systems and AI usage through code scanning, while BigID can scan SaaS, on-prem, and cloud data stores for personal and sensitive data. Combined with TrustArc’s Data Mapping & Risk Manager, findings flow into a single inventory and risk view. Modern discovery tools can help identify : Personal and sensitive data elements across systems AI and machine learning integrations. Third-party APIs and shadow IT activity. Derived data sets generated from multiple sources. This level of automation turns sensitive data management from guesswork into governance. Why accountability defines the future of data discovery Effective data discovery earns trust on every front: it provides the proof regulators need, the clarity customers want, and the confidence boards expect. Automated discovery and mapping provide privacy leaders with the evidence they need to demonstrate accountability under global laws, from requirements to U.S. state laws mandating detailed records of processing. When organizations can’t see where their highest risks lie, even a minor incident can draw major scrutiny. Automated data flow mapping and risk identification close those gaps by enabling continuous compliance and proactive mitigation. That’s not just paperwork. That’s protection. The future of data discovery: AI and beyond Tomorrow’s privacy programs will be powered by AI-driven discovery that not only identifies data but also predicts risk. The integration of code-based scanning, automated ROPAs, and vendor intelligence is setting the foundation for responsible AI governance As AI systems evolve, organizations are beginning to maintain parallel inventories for personal and non-personal data—a shift that signals the next phase of data governance maturity. How to close your data discovery gap Ready to move from reactive to proactive? Start here: Use integrated tools that unify data discovery, risk, and vendor management. Eliminate manual spreadsheets and static inventories. Build dynamic data maps to monitor internal and third-party data movement. Identify, classify, and control high-risk data elements. Maintain living ROPAs that align with global compliance frameworks. By combining automated discovery with intelligent mapping, privacy leaders turn data protection into a catalyst for lasting trust. Ready to see what complete visibility looks like? and discover a smarter way to manage your data. ==================================================================================================== URL: https://trustarc.com/resource/guide-to-global-cbpr-and-prp-systems/ TITLE: Global CBPR and PRP Systems Guide: Certification & Benefits | TrustArc TYPE: resource --- In a world defined by constant data exchange, frameworks such as the Global Cross-Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) systems ensure compliance and foster global trust. As organizations navigate increasingly fragmented privacy laws, these international frameworks offer a clear path forward: interoperable, credible, and scalable accountability. The Global CBPR and PRP systems empower companies to transfer data responsibly across borders while maintaining consistency with global standards. Privacy leaders aren’t just keeping up—they’re reshaping how trust moves through the digital economy. Understanding the Cross-Border Privacy Rules (CBPR) Cross-Border Privacy Rules (CBPR) System is a voluntary, verifiable, and internationally recognized framework that enables organizations to demonstrate accountable and secure handling of personal data across borders. Originally developed within the Asia-Pacific Economic Cooperation (APEC) , the CBPR framework was designed to promote safe data flows among member economies while reducing barriers to trade and commerce. The Global CBPR Forum, , expanded this vision beyond APEC to an international stage, including members such as the United States, Japan, Singapore, Mexico, Australia, Canada, and associate members like the United Kingdom, Bermuda, Mauritius, and the Dubai International Financial Centre (DIFC). At its core, the CBPR system serves as a transfer mechanism, essentially acting as a passport for personal data. By certifying to CBPR, companies affirm their commitment to robust privacy principles, including notice, choice, accountability, security, access, and enforcement. This certification ensures that data can be transferred safely and seamlessly across jurisdictions. What is Privacy Recognition for Processors (PRP)? If CBPR is about controllers proving their data protection mettle, PRP is its perfect counterpart. Privacy Recognition for Processors is a certification for data processors (vendors, partners, and service providers) that handle personal data on behalf of controllers. It verifies that these organizations have the safeguards, accountability structures, and risk controls needed to support compliance with the Global CBPR standards. Together, CBPR and PRP create a synchronized ecosystem: ensures controllers handle data responsibly. ensures processors maintain equivalent standards. , they deliver confidence that every entity in the data lifecycle (both upstream and downstream) is accountable. , strengthens supply chain assurance, and demonstrates transparency to regulators and partners alike. Key benefits of adopting Global CBPR and PRP Systems Global CBPR and PRP certifications are strategic assets. Here’s why forward-thinking privacy leaders are leaning in. Cross-border trust and compliance Certification indicates that your organization meets internationally recognized privacy standards, instantly reducing friction in cross-border transactions and partnerships. Instead of juggling multiple, conflicting privacy requirements, the CBPR and PRP frameworks harmonize standards across jurisdictions. Think of them as the “universal translator” of global privacy compliance. isn’t just symbolic. It’s a market differentiator. Certified organizations stand out as transparent, trustworthy, and privacy-forward, building instant credibility with customers, investors, and regulators. Vendor and partner assurance Certification simplifies vendor vetting and procurement. For example, processors with a PRP certification can bypass repetitive due diligence cycles—saving time, resources, and legal overhead. Transparency and accountability Each certification includes an independent third-party review by recognized accountability agents, such as TrustArc, adding a layer of external validation. Interoperability with global frameworks The Global CBPR principles align closely with the . This interoperability enables organizations to leverage a single compliance foundation across global markets. As new members join the Global CBPR Forum, such as Mauritius, Bermuda, and the United Kingdom, the system’s global reach grows, making certification a long-term investment in international credibility. Certification process for Global CBPR and PRP Systems TrustArc’s certification process is designed to strike a balance between simplicity and rigor. Conduct a privacy review: Work with your accountability agent to assess current data protection practices against CBPR or PRP requirements. Use purpose-built tools to document privacy practices and policies aligned with framework principles. Receive a customized action plan: Gap analysis and remediation guidance tailored to your organization’s maturity level. Remediation and verification: Resolve identified gaps and undergo verification by your accountability agent. Certification and seal issuance: Receive a Letter of Attestation and TRUSTe Seal, signaling certification to stakeholders and customers. Annual oversight and renewal: Maintain certification with yearly reviews to ensure continued compliance and adaptability. Certification and participation in the CBPR system includes dispute resolution. Automation tools for audit trails and documentation make the process more efficient, ensuring evidence-based compliance that scales with your organization’s growth. Ready to certify your privacy program? Learn more about TrustArc Assurance & Certifications From APEC to global: The evolution of CBPR and PRP frameworks The Global CBPR Forum represents the natural evolution of a decade-long success story. Born from APEC’s 2011 privacy framework, the Global CBPR System now transcends geography and trade blocs. Introducing the Global CBPR Forum: The engine behind global interoperability oversees the continued expansion of the CBPR and PRP systems—bridging government-backed accountability with private-sector implementation. The Forum brings together economies from six continents to promote interoperability, regulatory cooperation, and shared enforcement practices. Participating governments not only map their privacy laws to the CBPR framework but also appoint enforcement authorities to uphold accountability, ensuring that this system isn’t just voluntary, but verifiable. The vision is clear: an internationally scalable, government-backed framework that balances innovation with protection, serving as an essential pillar for the global digital economy. Comparing Global CBPR and PRP Systems with other privacy frameworks International, cross-border data flows EU and EEA residents’ personal data Management system for privacy information Voluntary, government-backed certification Third-party Accountability Agent (e.g., TrustArc) Supervisory authority oversight Internal or external audit Cross-border trust, accountability, and interoperability Data protection and individual rights Operational controls for privacy management Aligns with OECD and GDPR principles Aligns with CBPR and GDPR In essence, CBPR and PRP systems bridge the operational efficiency of ISO with the legal rigor of GDPR, all within a flexible, global framework. The future of Global CBPR and PRP Systems As regulators seek alignment and companies crave simplicity, the Global CBPR Forum is quickly becoming the blueprint for data transfer interoperability. With growing participation from Europe, Asia, Africa, and the Americas, it’s poised to be the world’s first truly multilateral privacy certification system. Expect to see these frameworks play a key role in: AI governance and ethical data use Cross-border cloud service assurance Global regulatory harmonization Privacy leaders who adopt now won’t just comply—they’ll compete. Certification today positions organizations for tomorrow’s interconnected economy. TrustArc’s role as a recognized CBPR/PRP Accountability Agent TRUSTe certification program , has been a recognized Accountability Agent since 2013, the first of its kind in the U.S. and globally. As part of the Global CBPR and PRP ecosystem, TrustArc provides: Expert-led assessments and guidance Certification and attestation Ongoing oversight and dispute resolution Seamless integration with privacy automation tools With over two decades of experience helping more than 1,000 organizations demonstrate compliance, TrustArc continues to lead the charge in privacy assurance, governance, and accountability. Global CBPR and PRP Certification: The path to interoperable, accountable, and future-ready privacy The Global CBPR and PRP systems embody a global commitment to trustworthy data stewardship. By harmonizing privacy standards, they simplify compliance, strengthen partnerships, and accelerate cross-border innovation. For organizations navigating international data transfers , certification is a milestone and a movement toward a unified, interoperable, and accountable digital future. Get certified and prepare your organization for a globally connected data privacy ecosystem. FAQs on Global CBPR and PRP Systems What is the Global CBPR System, and how does it work? It’s a government-backed, voluntary framework that verifies an organization’s adherence to globally recognized privacy principles, enabling lawful cross-border data transfers. What is Global Privacy Recognition, and why is it important for processors? Global PRP certification assures partners that a processor upholds the same privacy and security standards as controllers—essential for vendor trust and contractual compliance. How do the Global CBPR and Global Privacy Recognition systems support international data protection? They create a unified standard across multiple jurisdictions, recognized by participating economies and supported by cooperative enforcement among data protection authorities. How do I start the Global CBPR/PRP certification process? Partner with an approved Accountability Agent like TrustArc. Begin with a privacy assessment, address identified gaps, and earn certification—complete with the TRUSTe Seal and global recognition. ==================================================================================================== URL: https://trustarc.com/resource/global-data-protection-laws-how-trustarc-delivers-privacy-compliance-in-90-days/ TITLE: Global Data Protection Laws: Compliance in 90 Days | TrustArc TYPE: resource --- shape how data flows, speed and consistency now define the leaders in compliance. From the in Brazil, global data protection laws are expanding at an unprecedented pace. Every new regulation adds another layer of operational complexity and another reason for privacy leaders to act fast. But there’s good news: TrustArc helps organizations achieve compliance faster, turning privacy management from a regulatory burden into a strategic advantage. Through automation, intelligence, and expert guidance, TrustArc customers worldwide are demonstrating compliance, minimizing risk, and building trust—often in just 90 days. The urgency of global data protection laws and the need for faster compliance The clock never stops in privacy. With updates to GDPR enforcement, and AI-focused regulations emerging across the Asia-Pacific and LATAM regions, privacy professionals are in a race against constant change. Each new law can cost $15,000 to $ 60,000 or more to manage and implement compliance manually per jurisdiction. In this environment, speed is strategy. Delayed compliance is risky and expensive. TrustArc’s PrivacyCentral, for example, automates regulatory change detection and applicability scanning, saving teams hundreds of hours of manual monitoring while keeping organizations ahead of shifting global rules. Overview of international data privacy laws (GDPR, CCPA, LGPD, and more) At their core, international data privacy laws share one mission: to empower individuals and hold organizations accountable for how data is collected, processed, and shared. GDPR (EU): The gold standard, establishing principles of lawful processing, transparency, and individual rights. CCPA/CPRA (U.S.): Reinforces consumer control over personal data and introduces opt-out rights for data sharing. LGPD (Brazil): Mirrors GDPR principles, emphasizing lawful basis and data minimization. , and POPIA (South Africa): Showcase the global convergence toward accountability and data sovereignty. As regulations proliferate across the Asia-Pacific, Middle East, and , businesses must align their programs with a shared global baseline of privacy standards, rather than a patchwork of local checklists. Staying ahead of constantly evolving global data protection laws doesn’t have to be a manual marathon. helps organizations automate regulatory monitoring, unify compliance workflows, and accelerate readiness across every jurisdiction. Why global data protection laws matter for modern businesses Global data protection laws set the standard for trust in the digital economy, shaping how businesses earn loyalty and sustain growth worldwide. In the modern economy, trust is a currency, and organizations that prioritize privacy are the ones that win loyalty, investment, and market share. When customers hand over their data, they’re not just exchanging information; they’re placing confidence in how responsibly that data will be used. Compliance with global data protection laws signals ethical stewardship, reassuring consumers and partners that their information is handled with care. That confidence directly translates into brand equity and customer retention, two assets no marketing budget can buy. Beyond customer relationships, compliance now shapes how investors and regulators perceive long-term viability. Enterprises with demonstrate maturity in governance; enhance environmental, social, and governance scores; and build credibility in boardrooms and capital markets. Conversely, organizations that treat compliance as a checkbox exercise risk more than fines; they jeopardize access to global markets, delay partnerships, and damage reputations built over decades. In short, global data protection compliance has evolved from an operational necessity to a strategic advantage. The organizations that lead on privacy are keeping up with regulations and defining the new standard for responsible innovation. Key principles common across global data privacy regulations Despite their regional nuances, many data privacy regulations revolve around five enduring principles: Transparency and purpose limitation Data minimization and retention Data subject rights (individual rights) Cross-border data protection TrustArc’s PrivacyCentral simplifies compliance across these principles by mapping over 20,000 pre-defined controls across more than 125 privacy and security laws and standards, reducing redundant work and accelerating program maturity. The challenge of global privacy compliance Maintaining compliance across multiple jurisdictions can feel like juggling chainsaws while they’re on fire. Fragmented laws, overlapping requirements, and constant updates create a heavy operational burden. Manual spreadsheets can’t keep up; automation is no longer optional. Managing compliance with international data privacy laws compliance is a moving target . With more than 144 active privacy laws, each with its own definitions, deadlines, and documentation requirements, organizations face a labyrinth of overlapping obligations. What satisfies GDPR in the EU may not meet CCPA standards in California, or align with LGPD’s requirements in Brazil. This regulatory fragmentation creates operational drag. Teams spend countless hours tracking amendments, interpreting new guidance, and manually updating controls across spreadsheets and disparate systems. Each new law can add weeks of administrative work and thousands of dollars in legal reviews, all while diverting attention from strategic priorities like risk reduction and innovation. Compounding the challenge is the constant evolution of laws and frameworks. Updates to , AI accountability measures, and consent standards can render yesterday’s compliance practices obsolete overnight. Without automation, even the most mature privacy programs struggle to maintain accuracy, consistency, and proof of compliance across jurisdictions. Ultimately, managing compliance with international data privacy laws requires more than vigilance; it demands operational agility. That’s why forward-thinking privacy leaders are investing in technology that unifies global compliance under a single, adaptive framework, freeing their teams to focus on governance rather than guesswork. Cross-border data protection and data transfer complexities Cross-border data protection has become the crucible of global compliance. Transfer impact assessments, SCCs, and all demand precision and proof. TrustArc automates these safeguards with Data Mapping & Risk Manager , which identifies transfer exposure, assigns risk scores across 130+ global laws, and recommends DPIAs, PIAs, or vendor assessments when thresholds are met. The result? Real-time visibility into where your data travels and how protected it truly is. How non-compliance impacts trust and business growth The consequences of non-compliance extend far beyond regulatory fines, though those alone can be staggering. Under laws like the GDPR, penalties can reach up to 4% of global annual revenue, and class action settlements in privacy cases have surged year over year. Yet the more lasting damage is often reputational. A single breach or compliance failure can erode customer confidence overnight, turning loyal users into skeptics and slowing growth across every market. Non-compliance also incurs operational costs that gradually accumulate over time. Product launches may be delayed as privacy reviews lag behind innovation. Partnerships and cross-border transactions can stall when data transfer obligations remain unresolved. Even investors now scrutinize privacy posture as a marker of governance quality, meaning a weak compliance record can dampen funding, valuation, and acquisition potential. Forward-looking organizations treat compliance as a strategic driver of trust, resilience, and business growth. By embedding privacy requirements into product design and business strategy, companies streamline approvals, accelerate market entry, and gain a measurable edge in customer loyalty. For privacy leaders, compliance has become the launchpad for responsible innovation. It transforms privacy from a reactive cost center into a proactive engine for reputation, resilience, and sustainable global expansion. How TrustArc accelerates global privacy compliance in 90 days Speed is now the currency of compliance. As privacy regulations multiply and evolve, the ability to operationalize compliance quickly can mean the difference between market leadership and playing catch-up. TrustArc’s accelerated implementation model helps enterprises reach readiness in as little as 90 days by combining automation, , and expert guidance to turn complexity into clarity. Every implementation begins with a clear goal: reduce time-to-compliance while increasing confidence in outcomes. TrustArc’s privacy experts collaborate directly with customer teams to capture goals, define success metrics, and configure workflows aligned with global laws, including the GDPR and CCPA, as well as and data transfer requirements. Want to see what this transformation looks like in practice? Migration to TrustArc: What Your Journey Will Look Like on-demand webinar to explore how enterprises move from fragmented tools to unified privacy automation and why so many achieve measurable ROI within their first 90 days. The result is a streamlined onboarding journey that compresses months of manual configuration into weeks. Through a combination of automation, pre-mapped regulatory frameworks, and hands-on implementation support, organizations can launch assessments, build data inventories, and generate regulatory documentation far faster than traditional consulting or manual systems ever could. TrustArc’s model has been proven across various industries. Enterprises routinely achieve privacy readiness within 90 days, accelerating the benefits of automation while laying a foundation for continuous improvement and global scalability. As Dominiki Partelova, Senior Counsel and Global DPO at Edgewell noted, the process “turned privacy automation from a rigid process into something interactive and intuitive,” replacing effort with efficiency and uncertainty with assurance. Fast implementation: How TrustArc simplifies compliance with global data protection laws TrustArc’s advantage lies in automation and design thinking . Every element of its platform, from Data Mapping & Risk Manager , is engineered to eliminate redundancy and deliver results faster. Built-in regulatory frameworks: TrustArc’s experts have mapped over 130 global laws and 20,000 operational controls into a unified system, eliminating the need to start from scratch each time a new jurisdiction updates its rules. PrivacyCentral continuously monitors new or amended laws and automatically identifies those that apply to your organization, providing actionable updates in real-time. Arc Intelligence, TrustArc’s embedded AI layer, learns from 25+ years of global privacy expertise to analyze requirements, recommend next steps, and fill documentation gaps instantly. Integrated support and training: Implementation Managers and Customer Success teams guide every phase from platform configuration to launch, ensuring teams are equipped to confidently manage ongoing compliance. This combination of technology and expertise dramatically reduces project timelines. Tasks that once took months, such as building a data inventory, assigning remediation activities, or conducting cross-regional assessments, can now be completed in a fraction of the time. By centralizing evidence, workflows, and reporting in a single ecosystem, TrustArc enables privacy teams to focus less on administration and more on advancing strategic initiatives. It’s not just faster compliance. It’s smarter, scalable compliance built for global growth. Using privacy compliance software to automate data mapping and risk assessments The path to global compliance starts with understanding what data you have, where it moves, and how it’s protected. That’s where automation becomes indispensable. TrustArc’s privacy compliance software replaces fragmented, manual processes with intelligent automation, delivering precision at scale. Data Mapping & Risk Manager , organizations gain a single, unified view of their data ecosystem from internal systems to third-party vendors. Instead of juggling spreadsheets and static reports, privacy teams can visualize how information flows across borders, departments, and technologies using auto-generated data flow diagrams derived from Business Process records. Key automation features include: Automatically populates business process, vendor, and system records using contextual data and pre-built templates. This eliminates repetitive entry and reduces manual workload by up to 80%, freeing teams to focus on governance and strategy.AI Autofill does not use internal customer data for training and does not populate all fields automatically. Proprietary algorithms instantly evaluate inherent risk based on fields within each record and calculate residual risk based on control effectiveness scores from linked assessments. The system can recommend which TrustArc assessment to launch based on the inherent risk level. Gain continuous visibility into your organization’s risk landscape. Built-in reports display compliance status across laws, business units, and regions, providing the evidence needed to demonstrate accountability to both regulators and executives. Third-party discovery and record exchange: Automatically identify third-party vendors detected on public websites provided by the customer and pre-populate inventories using a library of over 800 pre-created system and vendor records. : TrustArc’s platform uses AI Autofill and prebuilt templates to create and populate records in minutes, with full change history recorded within the platform. The platform does not use machine learning to auto-generate full compliance records. Data Mapping & Risk Manager , organizations can automate every stage of compliance from discovery and documentation to assessment and attestation. The result is not only faster compliance but also measurable risk reduction, stronger governance, and enterprise-wide accountability. This is privacy compliance at machine speed. Not to replace human oversight, but to empower privacy professionals with tools that scale as fast as regulation evolves. Case example: Achieving global data protection readiness in 90 days multinational manufacturer faced mounting global privacy requirements, it turned to TrustArc’s Managed Services to build a scalable, cross-border privacy program from the ground up. With limited in-house expertise and a fast-approaching GDPR deadline, the company needed both automation and expert partnership. TrustArc’s team quickly identified applicable laws, mapped data flows, and launched assessments across the organization, all within a unified platform designed for speed and precision. In just 90 days, the company achieved: Broadened global compliance: A single privacy framework capable of supporting operations across multiple jurisdictions, including the EU, U.S., and APAC. Streamlined data mapping, automated partner assessments, and centralized reporting that replaced weeks of manual work. A shift toward proactive privacy accountability, with cross-functional engagement and executive-level visibility. company’s Director of Data Privacy reflected, TrustArc delivered both compliance readiness and confidence, establishing a foundation that now powers sustainable global governance. This outcome isn’t an anomaly. It’s the result of a refined, repeatable model that TrustArc applies across industries—one that turns regulatory readiness into a competitive advantage while embedding trust into every layer of the business. Why TrustArc outperforms other privacy compliance software Other vendors provide checklists. TrustArc delivers transformation. The platform combines regulatory intelligence, automation, and AI to orchestrate privacy, governance, and responsible innovation, ensuring continuous compliance rather than one-time audits. Comparing TrustArc’s implementation speed vs. other vendors While many vendors promise automation, few can deliver readiness in 90 days or less. TrustArc’s combination of expert support, , and pre-mapped global standards means you spend less time configuring and more time leading. Cross-border data protection tools built for global enterprises Cross-border data transfers are where privacy programs meet their greatest test. Every exchange of information between regions, vendors, or cloud systems triggers a maze of legal, contractual, and technical obligations. From GDPR’s transfer impact assessments (TIAs) and standard contractual clauses (SCCs) to data localization mandates in regions such as India, China, and the Middle East, global enterprises face a constant balancing act: enabling global data flow while maintaining compliance integrity. TrustArc’s platform is designed to meet that challenge head-on. Its cross-border data protection tools help organizations identify, evaluate, and document every international data transfer with accuracy, speed, and accountability. Core capabilities include: Automated transfer risk assessments: Built-in intelligence evaluates the legal and technical context of each data flow, factoring in destination country laws, transfer mechanisms, and the nature of the data involved. The platform automatically determines when a TIA or DPIA is required and guides users through completing it efficiently. Contractual safeguard validation: TrustArc ensures that contracts, data processing agreements, and SCCs remain up to date and aligned with evolving requirements from the European Data Protection Board (EDPB) and other regulatory bodies. This minimizes exposure to enforcement actions while providing audit-ready documentation. Localization and data residency analysis: The software identifies where data is stored or accessed globally and flags regions subject to localization requirements—an increasingly critical step as more countries enforce data sovereignty laws. With Data Mapping & Risk Manager, privacy leaders gain visibility into how data moves across jurisdictions, vendors, and systems. Each transfer is linked to its underlying purpose, legal basis, and safeguards—providing compliance teams with an interactive, end-to-end view of their global data ecosystem. Automatically generate cross-border transfer logs, reports, and evidence packages that satisfy GDPR Articles 30 and 46, as well as equivalent obligations under laws like Brazil’s LGPD and Japan’s APPI. Together, these features transform a traditionally reactive, resource-heavy process into an automated, repeatable workflow that scales with the enterprise. Privacy leaders can instantly see which transfers are compliant, where risks remain, and how to remediate them all within a single platform. Beyond compliance, this visibility delivers a strategic advantage. In an era of heightened regulatory scrutiny and geopolitical tension, demonstrating control over international data flows isn’t just about meeting obligations; it’s about preserving business continuity, customer trust, and the freedom to operate globally. TrustArc empowers enterprises to do exactly that: move data confidently across borders while maintaining the highest standards of privacy, transparency, and accountability. Integration with Data governance frameworks and reporting TrustArc aligns privacy compliance with frameworks like and the NIST Privacy Framework, providing unified governance visibility. And with on-demand attestation and customizable KPI dashboards, leaders can demonstrate compliance progress to regulators, boards, and customers in one report. Building a sustainable global compliance framework Fast compliance is great, but sustainable compliance is the ultimate goal. Leveraging technology to stay ahead of evolving data protection laws AI-powered applicability scanning ensures that organizations can automatically detect and adapt to new regulations, regardless of where they emerge. How privacy compliance software ensures ongoing global readiness With centralized dashboards, audit trails, and AI-driven recommendations, privacy teams can continuously monitor, audit, and prove compliance. Aligning compliance with business growth and innovation Privacy leaders are reshaping business strategy. Mature privacy programs enable faster market entry, reduce risk, and strengthen customer relationships. Because in today’s world, trust is the ultimate currency. Achieve global data protection compliance in 90 days with TrustArc TrustArc helps organizations move from complexity to clarity with a unified, automated privacy platform. Whether you’re operationalizing GDPR, tackling AI regulations, or preparing for the next wave of U.S. privacy laws, TrustArc is your acceleration partner. Why choose TrustArc for fast, scalable global privacy compliance : Achieve compliance in as little as 90 days. : Replace manual processes with AI-driven accuracy. Global privacy expertise: Stay aligned with 130+ privacy laws worldwide. : Support evolving privacy and Ready to turn global compliance into your next business advantage? See how TrustArc’s privacy compliance software empowers you to move fast, stay compliant, and lead with trust. Global Compliance. Simplified. Stay ahead of evolving laws with automation that scales. PrivacyCentral unifies your privacy program—tracking regulations, identifying gaps, and delivering real-time insights across every jurisdiction. Smarter Mapping. Stronger Control. Visualize data flows, automate risk scoring, and prove compliance faster. Data Mapping & Risk Manager gives you complete visibility into how data moves, where it’s exposed, and how to protect it. FAQs on global data protection laws What are global data protection laws? They regulate how organizations collect, process, and transfer personal and sensitive data, ensuring transparency and accountability. How do organizations manage data collection and storage to stay compliant? By maintaining accurate data inventories, automating risk assessments, and enforcing data minimization and access controls. What roles do data controllers and processors play? Controllers determine how data is processed; processors act on their behalf under strict contractual safeguards. How can companies reduce the risk of a data breach while meeting cross-border data protection requirements? Through continuous risk scoring, data flow mapping, and transfer impact assessments with platforms like TrustArc’s Data Mapping & Risk Manager. How does TrustArc’s privacy compliance software help? It automates mapping, assessments, and reporting, ensuring global compliance visibility and reducing manual workload by up to 80%. ==================================================================================================== URL: https://trustarc.com/resource/ai-powered-ropa-compliance-article-30/ TITLE: AI-Powered ROPA Compliance Made Simple | TrustArc TYPE: resource --- How AI record creation transforms privacy management and ROPAs If privacy management had a tagline for 2025, it would be: As organizations rush to adopt artificial intelligence (AI), many overlook a critical truth: AI is only as trustworthy as the data that powers it. Yet few can actually map how that data flows through their systems. Data sources blur, vendors multiply, and before long, privacy teams are left managing a mystery novel without a plot. That’s where AI-powered record creation comes in, bridging automation with accountability. With TrustArc’s Data Mapping & Risk Manager , privacy leaders can generate Article 30–compliant Records of Processing Activities (ROPAs) that classify, contextualize, and continuously update as systems evolve. The result: faster reporting, stronger governance, and a lot less copy-pasting at 11 p.m. The AI governance blind spot AI has transformed business strategy, but not without cost. According to the Future of Privacy Forum , many organizations deploy AI systems without clearly understanding what personal data feeds those models, where that data travels, or who owns the processing logic. This lack of visibility undermines and creates regulatory risk under laws such as the —all of which now require transparent and up-to-date documentation of data processing. You can’t govern what you can’t see. doesn’t mince words: organizations must maintain detailed ROPAs describing the purpose, lawful basis, and data flows behind every processing activity. But when your company’s ecosystem includes dozens of SaaS tools, APIs, and AI systems? Manual ROPA creation feels more like archaeology than governance. TrustArc Data Mapping & Risk Manager automates data flow mapping and risk analysis to strengthen AI governance. The data flow dilemma in AI systems AI systems thrive on volume and velocity. Data pours in from sensors, customer apps, code integrations, and third-party APIs, forming a digital river that’s rarely mapped end-to-end. The TrustArc team often compares this to trying to shelve books in a library that’s being rearranged while you’re working. Without automation, every new data flow requires fresh documentation. By the time you finish cataloging one system, three more have been added. acts as the blueprint for your data ecosystem. It powers your ROPAs, informs your PIAs, and supports every audit trail. More than a compliance checkbox, it’s the foundation for AI transparency, risk management, and organizational trust. From manual to intelligent: The shift to AI-powered records Let’s be honest: traditional ROPA creation is a grind. Static spreadsheets. Endless intake forms. Stakeholders dodging your data questionnaires like it’s jury duty. TrustArc’s Data Mapping & Risk Manager replaces that manual burden with intelligent automation that can reduce ROPA creation effort by up to 80%. automatically populates system, vendor, and process records with known metadata—like hosting region, data subjects, and transfer types—so you start with a nearly complete record. draw from credible sources (like IAPP and Crunchbase) to enrich descriptions and flag missing context. ensures humans stay in control, verifying and refining AI-generated records before they’re finalized. The outcome? Privacy pros spend their time reviewing and refining, not retyping. It’s like trading your typewriter for a Tesla. Data Mapping & Risk Manager reduces ROPA creation effort by up to 80% through AI Autofill and automated data mapping. Building AI-generated ROPAs with context and confidence is about accuracy, not activity. TrustArc’s automation ensures both. Each AI-generated record captures: purpose, legal basis, and retention. categories and sensitivity levels. where data originates and how it flows. inherent and residual risk scores calculated from record fields and linked assessments, grounded in TrustArc regulatory mappings and jurisdictional analysis The AI builds a living compliance narrative. A comprehensive data inventory provides a complete view of data assets, processes, risks, and obligations, evolving alongside the organization to reflect how information is collected, used, and protected. Automation transforms your ROPA from a document into a living compliance narrative. That living quality is key to regulatory readiness. When a regulator or your board asks how AI systems process personal data, you’ll have a complete, contextual record at your fingertips. Data classification and source context: The foundation of trustworthy AI AI governance begins with knowing your models touch. That means classifying personal and sensitive data by type TrustArc’s Data Mapping & Risk Manager uses configured data elements, subject types, and risk factors within records and can, when integrated with discovery tools, apply automated classification to tag and categorize data associated with systems and processes. Integrations with data discovery tools like (formerly Privya) enhance visibility into structured and unstructured sources and code-level usage. In fact, TrustArc and Next.sec(AI)’s joint solution scans codebases to detect personal data processing, AI and machine learning usage, and third-party integrations, automatically creating or updating system records in TrustArc’s inventory that support ROPA and risk analysis. The result: a dynamic and accurate understanding of how AI interacts with personal data, without the months-long audit cycles of traditional discovery. Turning data insights into risk intelligence Once your records are created, the next challenge is prioritization. Which processes carry the most risk? Which vendors need deeper due diligence? 17,000 regulatory controls to produce system- and vendor-level risk scores. When thresholds are exceeded, the platform automatically recommends PIAs, DPIAs, or vendor reassessments, ensuring that no risk falls through the cracks. transforms privacy operations from reactive to predictive. You’re not waiting for a breach or audit to find weaknesses; you’re remediating them proactively. It’s about accountability. Organizations must be able to demonstrate to regulators and customers alike that they uphold strong privacy rights and operate with transparency and integrity. Data Mapping & Risk Manager’s proprietary risk engine translates complex regulations into clear, actionable insights for every record. The human + AI partnership in privacy management Automation enhances expertise, empowering privacy professionals to focus their skills on strategy, analysis, and decision-making rather than repetitive tasks. In areas that require judgment, such as determining a lawful basis or evaluating a legitimate interest, TrustArc maintains a human-in-the-loop model. Configurable forms and approval workflows give privacy teams control while AI manages the mechanical work. Think of AI as your co-pilot, not your replacement. This partnership reflects the essence of : transparency, explainability, and human oversight. It’s the privacy version of Iron Man’s suit; you’re still the hero, just better equipped for battle. The TrustArc advantage: Privacy management at machine speed The beauty of AI record creation lies in its scale. With Data Mapping & Risk Manager with 80% less manual effort. Achieve continuous compliance through revalidation schedules, partner discovery, and integrations that help update records when systems or vendors change Maintain end-to-end visibility across data used in AI systems and models. Generate regulator-ready reports in one click for audits or board reviews. And because the platform integrates with over 300 systems from , it delivers a unified privacy posture across your entire ecosystem. data protection and privacy laws now in effect in 144 countries and covering roughly 82% of the global population, scalable compliance is no longer a nice-to-have. It’s survival. See how Data Mapping & Risk Manager connects AI-driven automation with privacy-by-design principles, helping organizations embed accountability into every workflow. Automating accountability in the AI era Privacy leaders have evolved from compliance stewards to architects of trust, shaping how organizations earn and sustain credibility in a data-driven world. The next frontier isn’t more forms; it’s intelligent automation that embeds privacy governance directly into data operations. TrustArc’s AI-powered record creation doesn’t just help you “meet Article 30,” it helps you live it. Because in a world where AI never sleeps, your privacy program shouldn’t either. Key takeaways for privacy leaders You can’t govern what you can’t see. Automated data mapping illuminates hidden data flows. AI-generated ROPAs provide richer, more defensible records with source lineage and classification. Automation is accountability: Risk scoring, updates, and reporting happen continuously, not quarterly. AI handles the repetition; you handle the reasoning. Think of a data inventory like a well-organized library; when regulators come calling, you should know exactly which shelf holds the information they need. Future-proof your privacy program with automation built for AI governance You’ve built trust into every policy, process, and platform. Now it’s time to prove it at machine speed. Discover how AI-powered ROPA creation can turn your compliance records into a living story of accountability. ==================================================================================================== URL: https://trustarc.com/resource/privacy-operations-automation/ TITLE: Cut Privacy Ops Timelines from Months to Weeks | TrustArc TYPE: resource --- Why privacy operations can’t keep up anymore Even the most seasoned privacy teams are stuck in an impossible loop: more data, more regulations, fewer hands. Manual processes were never built to handle today’s operational pace, and it shows. The 2025 TrustArc Global Privacy Benchmarks Report found that small companies tripled the size of their privacy offices last year, while larger ones raced to automate to stay compliant. The real privacy challenge lies in keeping pace with how fast data moves. Data moves faster than humans can document it, and every new law adds another layer of risk. Teams that rely on spreadsheets and static inventories spend months chasing outdated updates the moment they’re finished. Privacy operations automation changes the math entirely, compressing months of manual work into weeks of measurable progress. The productivity crisis in privacy operations “Privacy ops productivity” used to mean doing more with less. Now, it means doing smarter with automation. Disjointed tools, inconsistent data entry, and redundant assessments waste precious hours every week. Privacy teams know this grind well: reconciling systems, emailing for data updates, re-evaluating vendors for the fifth time because the process isn’t standardized. The answer isn’t to add more analysts but to build a connected workflow where: record of processing activity is automatically updated. Risk evaluations trigger follow-ups without manual handoffs. Assessments, tasks, and documentation live in one place. That’s operational efficiency for privacy. It’s built for speed and designed to last. What privacy operations automation really means At its core, privacy operations automation unifies the messy middle of privacy work, including , into a single intelligent system. Unlike traditional governance, automation doesn’t just record what’s happening; it to it. Think continuous compliance, not periodic checkboxes. A modern platform can pre-populate records, detect data flow changes, and trigger alerts when risk thresholds are crossed. The outcome? Teams spend their time on judgment, not data entry. Accuracy rises, oversight improves, and privacy evolves from a defensive function to a growth enabler. Ready to transform your privacy operations? Cut months of manual work into weeks of measurable results. See how TrustArc Data Mapping and Risk Manager helps privacy teams automate with confidence. Request a personalized demo The core building blocks of an automated privacy program Data inventory automation: Know what you have (and what you don’t) A privacy program is only as good as its data map, and most are full of blind spots. Data inventory automation eliminates the detective work. Data Mapping and Risk Manager demonstrates what’s possible: can reduce manual entry by up to 80%. offers 800+ pre-created system and third-party records you can add to your inventory in a few clicks. let you set review dates for each record and receive reminders when updates are due. Instead of spending half a year cataloging data, privacy teams can generate comprehensive records of processing in a matter of weeks. With automation, your inventory becomes a living document, not a static spreadsheet that ages out the moment it’s published. Data mapping automation: Keeping pace with change Privacy isn’t a snapshot; it’s a movie in motion. Every new application, vendor, or cross-border transfer changes the storyline. Manual mapping can’t keep up. visualizes where information flows within your organization and beyond it using real-time intelligence. The technology tracks data across jurisdictions, flags localization or transfer risks, and surfaces compliance gaps before they become findings. 2025 Global Privacy Benchmarks Report found that organizations investing in vendor management and Trust Centers score up to 18 points higher on the Privacy Index —proof that automation-driven visibility is now a performance advantage, not just a compliance task. Assessment management automation: Simplify, standardize, scale If privacy teams had a dollar for every assessment request, they’d have their own funding line. From DPIAs and PIAs to vendor and , assessment management can consume more time than the analysis itself. Automation restores order. TrustArc Assessment Manager transforms assessment management from a series of disconnected tasks into a continuous, data-driven process. Prebuilt templates aligned with global frameworks like launch assessments in minutes, while automated workflows distribute, score, and track them across departments. Dynamic dashboards visualize progress and risk exposure in real-time, enabling privacy leaders to know exactly where issues stand, thereby eliminating the need for spreadsheet reconciliation. The outcome is a standardized process that runs itself, resulting in faster assessments, consistent risk evaluation, and clear accountability at every step. How automation turns privacy ops from reactive to scalable When privacy operations automation is in place, the benefits compound quickly: : Time to complete core tasks drops from months to weeks. : Data updates in real time, reducing audit risk. : Teams collaborate through one shared source of truth. : Executives gain measurable visibility into compliance performance. TrustArc Privacy Benchmarks Report shows, companies that measure and automate the effectiveness of their privacy practices outperform their peers by up to 35 points on the TrustArc Privacy Index. Automation saves time and builds credibility Cutting six months to six weeks: A case in efficiency Consider the typical data inventory project: six months of collecting spreadsheets, interviewing stakeholders, and manually reconciling systems. With Data Mapping and Risk Manager , that same effort can be reduced to as little as six weeks. AI Autofill automatically completes most record fields, and prebuilt templates eliminate the need for manual data entry. Assessments launch as soon as risks cross a threshold, and audit-ready reports are generated instantly. What used to be an endless back-and-forth between teams becomes a streamlined, self-sustaining workflow. Privacy automation represents a true evolution in program management, allowing systems to adapt in real time as the environment shifts. Choosing the right privacy automation partner The automation journey begins with the right foundation, one that unites data, risk, and accountability. A best-in-class partner should offer: End-to-end visibility from data mapping to assessment tracking. AI-driven intelligence that accelerates compliance. Seamless integration across systems like Salesforce, Workday, and ServiceNow. Proven frameworks built around global privacy standards. Data Mapping and Risk Manager work together to deliver all of this, empowering privacy teams to operate with the precision, speed, and confidence that modern governance demands. The road ahead: Privacy at the speed of trust The future of privacy operations won’t be won by the largest teams, but by the fastest learners. Automation turns compliance from a catch-up game into a continuous capability, one that scales with every new regulation and technology shift. When privacy teams automate, they don’t just save time; they reclaim capacity for strategy, innovation, and trust-building . In privacy, true competitive advantage comes from seeing what’s ahead before anyone else does. Accelerate your privacy program with automation that delivers ROI. TrustArc customers cut project timelines by up to 80% and gain full visibility into data, risk, and compliance. Schedule your TrustArc demo Smarter Mapping. Faster Compliance. Accelerate data inventory creation with AI-powered automation. Map data flows, calculate risk scores, and generate audit-ready reports in minutes all from a single, intelligent platform. Streamlined Assessments. Stronger Oversight. Launch expert-built assessments, automate task tracking, and turn compliance reviews into actionable insights. Simplify DPIAs, PIAs, and vendor risk evaluations with precision and speed. ==================================================================================================== URL: https://trustarc.com/resource/webinar-assessing-ai-risk-with-confidence-building-trust-and-compliance-into-emerging-technologies/ TITLE: Assessing AI Risk with Confidence: Building Trust and Compliance into Emerging Technologies TYPE: resource --- Assessing AI Risk with Confidence: Building Trust and Compliance into Emerging Technologies Artificial Intelligence is revolutionizing how organizations use data—but it’s also introducing new layers of privacy risk, regulatory scrutiny, and ethical considerations. As global frameworks like the EU AI Act and evolving interpretations of GDPR and CCPA/CPRA gain momentum, privacy professionals must rethink how they assess AI systems and data-driven technologies. Join privacy experts from for an expert-led webinar that dives into how to conduct Privacy Impact Assessments (PIAs) and other risk evaluations that are purpose-built for today’s AI landscape. We’ll cover real-world approaches, tools, and frameworks to help your team stay compliant, accountable, and prepared—without slowing down innovation. In this session, you’ll learn: Why traditional PIAs fall short when it comes to AI—and how to adapt Key risk factors to watch for in AI models, algorithms, and data pipelines How to document and demonstrate AI compliance with global regulations Practical steps for aligning privacy, legal, data science, and product teams How leading organizations are embedding trust and transparency into their AI programs Whether you’re launching your first AI initiative or scaling responsibly, this webinar will give you the knowledge and strategies to assess AI systems with confidence and clarity. This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Privacy Knowledge Principal, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/new-in-2026-state-privacy-laws-in-indiana-kentucky-and-rhode-island/ TITLE: 2026 state privacy laws: Indiana, Kentucky, Rhode Island | TrustArc TYPE: resource --- January 1, 2026, isn’t just another date on the privacy calendar; it’s the moment three new state privacy laws snap into place and expand the already-complex . Indiana, Kentucky, and Rhode Island are each stepping into the arena with comprehensive privacy acts that echo familiar frameworks while adding their own twists. For privacy, compliance, and security professionals, this moment is both a challenge and an opportunity. A challenge because the operational complexity grows. An opportunity because privacy leaders are now shaping business strategy, not simply supporting it. And, like every great origin story, 2026 rewards the teams who prepare early, act decisively, and embrace accountability as a competitive advantage. Welcome to the next chapter of state privacy evolution. New year, new laws, and a renewed proving ground for privacy excellence. Understanding the new 2026 state privacy laws Three states, three statutes, one expanding patchwork Indiana Consumer Data Protection Act (INCDPA) Kentucky Consumer Data Protection Act (KCDPA) Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) Together, they reinforce a clear trend: comprehensive privacy laws aren’t slowing down. They’re accelerating. Each law introduces familiar pillars such as , transparency, assessments, and vendor accountability, while refining scope, thresholds, and obligations in ways that privacy teams will need to understand and operationalize. Many organizations start this work by strengthening their data inventory, and tools like TrustArc Data Mapping & Risk Manager can streamline that process early in the journey. Across the three laws, businesses generally fall in scope if they: Conduct business in the state or target residents. Process or control personal data above the defined consumer thresholds. Sell personal data or process Thresholds vary, but the overarching theme remains the same: if you’re handling consumer data at scale, these laws apply. Why these 2026 laws matter Three forces make this trio significant: . More than 20 states now have comprehensive privacy laws, with additional bills advancing each year. . While each state individualizes its law, the broad similarities make a unified compliance framework more realistic than ever. . These laws reinforce that privacy is a full-scale governance requirement. For organizations already feeling the strain of multistate compliance, 2026 inspires a strategic shift from reactive scrambling to proactive standardization. Compliance dates and readiness milestones Effective date: Jan. 1, 2026 All three laws go live on the same day. And, as every seasoned privacy leader knows, the effective date is never the starting line. With 2025 effectively in the rearview mirror, organizations are now in the final stretch of tightening controls, validating processes, and reinforcing the operational muscle needed for day-one compliance. Your final readiness checklist should now be in place, thresholds should be evaluated, and any remaining compliance gaps should be resolved. Privacy notices must reflect accurate disclosures and jurisdiction-specific requirements. Rights-request workflows should be end-to-end functional, vendor contracts should be updated, and data protection impact assessment (DPIA) processes should be established and actively running. Cross-functional readiness matters Teams across Marketing, Legal, Engineering, Security, and Product should already be trained on their roles and escalation paths. These laws reward operational discipline, and the final weeks before January are the moment to validate that everything works under real conditions. Think of this as the last practice lap before the flag drops: the moment when precision, coordination, and preparation determine how confidently you enter 2026. DPDPA rights and obligations at a glance Consumer rights across the laws Across all three states, consumers gain: The right to access personal data. The right to correct inaccuracies. The right to delete data (with contextual exceptions). The right to confirm processing. The right to obtain a copy of their data. The right to appeal rights request decisions. sale of personal data, and automated profiling with certain risk considerations. Indiana, Kentucky, and Rhode Island largely align on these rights, though differences in scope, response timeframes, and consent requirements require careful attention. Individual Rights Manager helps teams meet these differing timelines at scale, especially when states like Rhode Island introduce accelerated turnaround requirements. Controller duties and transparency requirements Across all three laws, controllers are expected to uphold a set of core responsibilities that reinforce transparency, fairness, and accountability. Organizations must limit the personal data they collect to what is adequate, relevant, and reasonably necessary for the purposes they disclose. They also need to maintain clear, accessible privacy notices that explain their data practices in plain language. Strong safeguards are essential, with technical, administrative, and physical measures that match the sensitivity and volume of the data they hold. Just as important is nondiscrimination. Businesses cannot disadvantage consumers for exercising their privacy rights, whether those rights involve access, deletion, correction, or opting out. High-risk processing activities require thoughtful evaluation through DPIAs, ensuring risks are identified and mitigated before issues arise. And because no organization operates alone, controllers must establish contracts with processors that define responsibilities, restrict use, and reinforce security expectations. These obligations function as the privacy equivalent of good business hygiene, serving as fundamental, foundational, and nonnegotiable principles for any organization committed to responsible data practices. streamlines this work by automating DPIAs, PIAs, and TIAs with built-in legal logic aligned to state-specific triggers. What businesses must do to comply with the Indiana CDPA , and Iowa in several important ways, but includes unique definitions and thresholds that have operational significance. Practical steps for organizations . Indiana’s thresholds are based on volume, making an accurate data inventory critical. . Build or refine intake, verification, and response mechanisms. . Disclose categories, purposes, rights, and opt-out methods clearly. Consent for sensitive data . Explicit opt-in is required. . Indiana mandates clear escalation paths. Universal opt-out mechanisms . While not as prescriptive as other states, Indiana still expects functional opt-out tools. Vendor contract alignment . Processors must follow instructions, support rights requests, and implement safeguards. Common areas where companies struggle Organizations often encounter friction when interpreting Indiana’s narrower definition of “sale,” which aligns with Virginia and Utah by focusing strictly on monetary exchanges. This stands in contrast to broader states like , where “valuable consideration” significantly expands the scope. Many teams also underestimate the breadth of profiling activities and the situations in which those activities trigger a DPIA, leading to compliance blind spots that surface later in the implementation process. Even more foundational is the challenge of maintaining an accurate data inventory; without a clear picture of what data exists and where it flows, determining thresholds, obligations, and risk becomes guesswork. Data Mapping & Risk Manager helps reduce that guesswork with automated flow mapping and real-time risk scoring tied directly to Indiana’s applicability criteria. Indiana’s law ultimately reinforces that even so-called “lighter” privacy statutes carry meaningful operational expectations that demand rigor, visibility, and a well-structured compliance program. If you need a deeper breakdown of Indiana’s requirements, thresholds, and obligations, explore our full guide to the Indiana Consumer Data Protection Act. Preparing for the Kentucky KCDPA: Key operational priorities Kentucky’s law mirrors Virginia, Tennessee, and Indiana, making it part of the “VCDPA family.” Its obligations may look familiar, but familiarity doesn’t equal simplicity. Key requirements to operationalize Collect only data necessary for the disclosed purpose. Avoid undisclosed secondary use unless consent is obtained. Maintain security controls that match data sensitivity. Provide detailed privacy notices. Obtain consent for sensitive data processing. Uphold consumer rights without discrimination. Contract refresh priorities Vendor agreements must include: confidentiality guarantees, support for rights requests, Mixed footprint complexity Companies operating across Kentucky, Virginia, , and California must reconcile differences across: definitions of “sensitive data.” Why early standardization matters Kentucky rewards companies that adopt a baseline privacy posture that can be replicated across states, rather than being reinvented for each new law. For a closer look at Kentucky’s requirements, definitions, and readiness considerations, explore our full guide to the Kentucky Consumer Data Protection Act How the 2026 laws compare: Indiana vs. Kentucky (and where Rhode Island fits) Privacy pros are natural comparison shoppers, and for good reason. Understanding the nuances helps prevent misapplication, over-application, or conflicting controls. : 100,000 consumers or 25,000 with 50% revenue from data sales. : Identical thresholds to Indiana. 35,000 consumers (excluding payment transaction data) or 10,000 consumers with more than 20% revenue from data sales. Rhode Island uses the lowest threshold, resulting in big implications for mid-sized businesses. While all three grant core rights, Rhode Island includes unique timing and revocation-related requirements, including ceasing processing within 15 days of revoked consent. Individual Rights Manager includes deadline-based routing and automated tracking that simplify compliance with accelerated requirements like Rhode Island’s revocation timeline. All three include opt-outs for targeted advertising, sale, and profiling. : Up to $7,500 per violation; AG enforcement; 30-day cure. : Up to $7,500; AG enforcement only; 30-day cure. : Up to $10,000 per violation; no private right of action; AG enforcement. Rhode Island carries the highest risk exposure. All require assessments for: profiling with foreseeable risk, other high-risk processing. Rhode Island explicitly requires DPIAs for activities posing a high risk to customer privacy. For a deeper look at Rhode Island’s thresholds, rights, and high-risk processing requirements, explore our full guide to the Rhode Island Data Transparency and Privacy Protection Act. What the 2026 laws mean for business operations and vendor risk Privacy leaders don’t just interpret laws—they operationalize them. And the 2026 statutes reshape how organizations work across every major function, often in ways that demand new levels of coordination and clarity. Marketing teams will feel the impact through tighter restrictions on targeted advertising and a heightened expectation for transparency. Clear, functioning opt-out mechanisms become essential, turning marketing workflows into front-line expressions of consumer trust. Engineering and product teams must incorporate DPIAs into their development cycles, building privacy assessment into the earliest stages of design. Consent workflows for sensitive data become part of the core architecture, and systems must evolve to support deletion, correction, and other consumer rights without friction. For security teams, the laws reinforce the need for stronger safeguards that match the sensitivity of the data they protect. Incident response processes must also align tightly with each law’s notice requirements, ensuring timeframes and escalation paths are well understood. Legal and compliance professionals face an expanded portfolio, including refreshing contracts to meet state-specific obligations, updating privacy notices for clarity and accuracy, and strengthening documentation to demonstrate ongoing accountability. The burden isn’t simply to comply; it is to demonstrate compliance consistently and transparently. becomes increasingly complex, particularly under Rhode Island’s additional requirements for ISPs and commercial websites. All three laws elevate expectations around due diligence, clear data handling instructions, breach responsibilities, subprocessor oversight, and strict limits on how processors may reuse data. The mandate is simple: trust, but verify. And then verify again. Data Mapping & Risk Manager work together to document vendor responsibilities, surface risks, and support processor due diligence across all three states. Governance considerations across multiple 2026 laws Privacy governance is no longer a back-office safety net. It has become the center of business strategy, shaping decisions, influencing design, and strengthening trust at every level of the organization. Centralize where possible A unified governance framework streamlines operations by reducing policy sprawl, eliminating duplicative assessments, and preventing inconsistencies across notices and disclosures. When governance is centralized, complexity gives way to clarity, and teams can execute with confidence rather than constantly recalibrating for each new jurisdiction. To strengthen centralization with a proven governance model, explore the Nymity Privacy Management Accountability Framework. Standardize definitions and processes Standardization is where consistency becomes power. Establishing shared definitions for terms like personal data, sensitive data, profiling, sale, and targeted advertising creates a common language across the enterprise. Only when a specific law requires differentiation should teams diverge from these standards. This approach maintains operational alignment while respecting the nuances of each statute. Build consistency across jurisdictions Consistency delivers both procedural clarity and psychological confidence. When stakeholders understand the rules and see the same expectations repeated across state lines, compliance becomes predictable instead of reactive. Predictability, in turn, strengthens accountability and minimizes the operational “surprises” that often trigger risk. Governance that drives executive-level visibility Effective privacy governance elevates visibility at the highest levels. Boards gain clarity when they can see accountability maps, DPIA tracking, vendor inventories, risk metrics, and incident response readiness presented in a structured, repeatable way. This transparency reassures leadership that privacy risks are understood, managed, and continuously monitored. Privacy leaders safeguard the organization and position it to thrive in a rapidly evolving regulatory landscape. Strong governance is the infrastructure that keeps companies steady as privacy laws continue to expand and evolve. Turning the 2026 laws into a forward-looking privacy advantage Indiana, Kentucky, and Rhode Island are expanding the in 2026, and privacy leaders who plan ahead can turn this next wave into a competitive edge. Success hinges on visibility, operational discipline, and the kind of automation that makes multi-state compliance repeatable rather than reactive. TrustArc provides that foundation through three purpose-built products: Data Mapping & Risk Manager Individual Rights Manager Data Mapping & Risk Manager gives organizations the clarity these new laws demand. Automated inventory creation, AI-assisted data flow mapping, third-party discovery, and intelligent risk scoring create a real-time understanding of where data sits, how it moves, and where risk concentrates. This level of visibility helps teams align their program with thresholds in Indiana, sensitive data triggers in Rhode Island, and core controller duties across all three states. operationalizes the impact assessments required for high-risk processing. Automated triggers, expert-built templates, gap analysis, and remediation tracking streamline DPIAs, PIAs, and TIAs and ensure documentation keeps pace with evolving obligations. When connected to Data Mapping & Risk Manager, assessments become part of a unified risk lifecycle that supports profiling reviews, cross-border evaluations, and sensitive data governance. Individual Rights Manager helps organizations meet consumer rights obligations at scale. Automated request intake, identity verification, system integrations, and law-specific workflows help teams fulfill access, deletion, correction, and opt-out requests with speed and consistency. Capabilities like deadline-based routing and audit-ready reporting support unique requirements such as Rhode Island’s compressed timeline for revoked consent. A platform designed for the next chapter of U.S. privacy Together, these products form a modern privacy workspace that strengthens compliance today and builds resilience for whatever comes next. With visibility, assessments, and rights fulfillment unified under one platform, privacy leaders can enter 2026 with confidence—prepared not only to comply with Indiana, Kentucky, and Rhode Island, but also to set a higher bar for trust and accountability across the organization. See Everything. Miss Nothing. Build a real-time view of your data ecosystem with automated mapping, intelligent risk scoring, and dynamic reporting that helps you stay ahead of every privacy requirement. Rights Requests, Resolved the Right Way. Automate intake, verification, and fulfillment across jurisdictions so you can respond to access, deletion, and opt-out requests quickly, accurately, and at scale—no stress, no bottlenecks. ==================================================================================================== URL: https://trustarc.com/resource/indias-digital-personal-data-protection-act-dpdpa/ TITLE: India’s Digital Personal Data Protection Act (DPDPA) | TrustArc TYPE: resource --- Key principles, consent rules, and organizational readiness On November 13, 2025, the Ministry of Electronics and Information Technology notified the Digital Personal Data Protection Rules 2025 (Rules) , clarifying key implementation aspects of the Digital Personal Data Protection Act (DPDPA) 2023 , marking a significant milestone in the rollout of India’s first comprehensive data protection law. India’s landmark DPDPA was enacted on August 11, 2023, to regulate the processing of all digital personal data (data collected in digital form, or later digitized) of India’s residents, the DPDPA applies to any entity (data fiduciary) that determines the purpose and means of processing such data. Its extraterritorial scope is broad, and covers processing within India and processing abroad connected with offering goods or services to individuals in India. The Act introduces consent-based processing, individual rights, and regulatory mechanisms, elements familiar in global privacy laws, tailored to India’s context. The Rules will take effect in phases. Certain provisions, such as those creating the Data Protection Board (Board), became effective as soon as they were published in the Official Gazette. Rules governing the registration and operation of consent managers will apply after 12 months, while all remaining regulations will come into force after 18 months. Stakeholders are advised to start preparing now. The law promises robust penalties (up to INR500 million- 2.5 billion, approx. US$6-30 million) for noncompliance and represents an urgent mandate to integrate privacy into business operations. Who’s covered under India’s DPDPA? Scope, key terms, and processing principles explained While the DPDPA introduces foundational data protection principles, it lacks the concept of “special categories of data” like the GDPR’s sensitive personal data (e.g., health, biometric, sexual orientation). All personal data is treated uniformly; notably, any data made publicly available by the individual or required to be made public by law is wholly outside the law’s scope. This is broader than exemptions in many laws and means scraped social-media or directory data may escape the law if already “public,” though legal questions remain if such data ceases to be public after collection. analogous to a GDPR controller, “determines the purposes and means” of processing, and bears the burden of compliance. By contrast, data processors (acting under a fiduciary’s instructions) have no direct obligations under the DPDPA; instead, fiduciaries must contractually bind processors to protect data. Thus, unlike GDPR or CCPA, which impose some duties on processors, DPDPA focuses enforcement on the fiduciaries, who must, in turn, hold their vendors accountable. The DPDPA codifies the standard fair-information principles. All processing must be lawful, fair, transparent, purpose-specific, and minimally invasive. Personal data must be collected only for clear purposes and not retained longer than needed. Data fiduciaries must implement strong security safeguards (technical and organizational) to prevent breaches and maintain records demonstrating compliance. DPDPA consent requirements: Lawful basis for processing personal data in India A consent-oriented regime is at the core of the DPDPA, as it demands “free, specific, informed, unconditional and unambiguous” consent from individuals (data principals) before processing their personal data. Consent must be an affirmative act; pre-checked boxes or implied agreements are prohibited. The Rules require very specific consent, where each piece of personal data must be clearly linked to the exact purpose for which it is used. Businesses handling large, varied data must rethink how they present this information and whether related purposes can be grouped together. Companies will need to redesign consent flows and user interfaces so that purposes are clearly stated and opting out is simple. Uniquely, the Rules also mandate providing a website or app link for opt-outs, unlike most countries that only require a contact point. Additionally, consent is the primary lawful basis for processing. The DPDPA does not recognize many of the non-consent bases familiar to European law. Aside from consent, the Act allows only a narrow list of “legitimate uses” (specific statutory or emergency purposes) without consent. These include situations where data is voluntarily shared and not objected to by the individual, compliance with court orders or law, employment necessities, and responses to natural disasters or epidemics. No general legitimate interest or contract necessity grounds exist as in the GDPR. This consent-centric approach will challenge many organizations: in contexts like AI model training or large-scale analytics, it may be impractical to obtain individualized consent. Data principle rights under India’s DPDPA: Access, correction, deletion, and redress largely similar to those in GDPR, but with some country-specific enhancements. Data principals can access, correct, or erase their data held by a fiduciary, and they may receive a copy of their information. The law also mandates notice; organizations must provide clear privacy policies and notices about how data is processed and protected. the law adds some unique rights: every data fiduciary must maintain a grievance redressal officer so that individuals have “readily available and effective means” to complain. Individuals also gain the right to nominate a representative to exercise their rights after death or incapacity. These procedural rights reflect India’s emphasis on accessible redress. Additionally, the Rules require that grievances are resolved within a reasonable time, not exceeding ninety (90) days, adding certainty to the duration of internal grievance resolution processes between businesses and customers. Notably, there is no private right of action under the DPDPA; only the Board can enforce penalties. However, data principals can register complaints with the Board or seek other prescribed remedies. DPDPA exemptions and special cases The DPDPA provides several exemptions and carve-outs balancing privacy with other interests. Personal data processed by natural persons for purely personal or household purposes is out of scope. Personal data already made public by the individual or under a legal obligation is exempt. Critically for innovation, Section 17(2)(b) explicitly exempts research, archiving, and statistical processing from the Act’s obligations, provided such processing meets government-prescribed standards and is not used for decisions about a specific individual. If rulemaking clarifies the standards, this could permit AI/ML research using large datasets, a boon for innovation. who qualifies (academic institutions only or also private labs), and what technical/ethical guidelines will apply? Clear guidelines here will determine how “clean” personally identifiable data can be repurposed for research. is another focus. The Act contemplates special protections for minors: a parent’s consent is needed for processing a child’s data, and the government may mandate a parental consent mechanism. The draft version of the Rules provided for certain purposes for which children’s personal data could be subject to tracking or behavioral monitoring. This list has been expanded to include the determination of real-time location of a child, where such processing is restricted to tracking real-time location of a child in the interest of their safety, protection or security. Further, children’s data may also be monitored or tracked to restrict certain types of services and advertisements which may pose a detrimental effect on their well-being. Importantly, the DPDPA grants broad government exemptions. The government can declare law enforcement, national security, and sovereign interests out of scope, as can certain classes of data fiduciaries (e.g., startups) based on factors like the volume of data processed and the impact on national security or public order (these open-ended powers have drawn criticism). DPDPA security obligations explained: Data minimization, breach notifications, and governance standards The DPDPA reiterates and extends traditional security obligations. Data fiduciaries must adopt “reasonable security practices” at least as stringent as international standards, akin to India’s IT Act 43A (now largely superseded). The Rules also mandate that every data fiduciary protect personal data under its control, requiring the implementation of technical protections like encryption, strong access controls, logging, continuous monitoring, and incident-response capabilities. Data fiduciaries must also maintain backups and business-continuity measures to ensure data availability and integrity. Logs and relevant personal data must be retained for at least one year to support breach investigations. Data Processors must be contractually bound to meet the same security standards. SMEs, in particular, may need significant upgrades to their security infrastructure, policies, and practices to meet these requirements. New retention requirement The final rules introduce a new requirement, mandating all personal data, traffic data and logs generated from data processing activities to be retained at least for 1 year, even after the fulfilment of the purpose, or deletion of the user account, for (i) processing of personal data by government agencies in the interest of national security and sovereignty and integrity of India; (ii) performance of any function under any law in force in India; and (iii) disclosure of any information, pursuant to any law in force in India. On breaches, the Act requires mandatory notification to both the Board and affected individuals whenever a personal data breach occurs, irrespective of scale. The Rules creates a two-stage breach reporting process requiring immediate intimation to affected principals and the Board, followed by a detailed report to the Board within 72 hours. Notifications must include breach details, impacts, mitigation steps, and user guidance. Due to the lack of materiality threshold, it is unclear whether even minor incidents must be reported, resulting in administrative overload and user “notification fatigue”. The 72-hour window also differs from other sectoral rules like CERT-In’s 6-hour timeline, adding compliance complexity for organizations. Importantly, organizations should align DPDPA breach procedures with other obligations (e.g., telecom or financial sector breach rules and CERT-IN requirements) to avoid conflicting processes. Beyond breach reports, the DPDPA embeds accountability measures. All fiduciaries must maintain records of their processing activities and implement privacy governance measures. Those designated as “Significant Data Fiduciaries” (SDFs), based on factors like volume of data, sensitivity, and impact on India’s sovereignty, democracy, or public order, face extra duties. To see how these SDF obligations apply to AI and high-volume data platforms, read our breakdown of the DPDPA’s global and sector-specific implications The Central Government may classify certain Data Fiduciaries as Significant Data Fiduciaries (SDFs) based on factors such as data volume and sensitivity, risks to Data Principals, and national or public-order considerations. SDFs face enhanced obligations, including appointing an India-based Data Protection Officer and undergoing independent data audits. Once designated, they must conduct annual DPIAs and audits, and report key findings to the Data Protection Board. They must also ensure technical and algorithmic systems are tested and verified to prevent risks to data principals. SDFs must comply with any Government-mandated cross-border data transfer restrictions. Likely candidates include major tech platforms and organizations in regulated sectors such as finance, banking, and healthcare. The Government retains broad discretion to include additional categories when determining SDF status. These measures are aimed at high-volume tech firms, social platforms, and critical infrastructure providers, forcing them into a formal data governance posture. The government can also ease or tighten obligations (even exempt whole classes like startups), so companies should watch for objective criteria in the rules. When will DPDPA be enforced? Understanding the Board’s powers and what comes next Along with the notification of the Rules, the Government has notified a phased timeline for implementing the DPDPA as follows: Effective immediately (November 13, 2025): (a) definitions under the DPDPA (e.g., that of personal data, data fiduciary, etc.); (b) provisions establishing the Board along with its administrative machinery; (c) the rule-making and transitional powers of the Government of India; and (d) the ability to make amendments to the DPDPA. After 1 year (November 13, 2026): the conditions for registration and operation of consent managers as well as the Board’s corresponding jurisdiction over being intimated of any breach of such conditions. After 18 months (May 13, 2027): the core operational provisions of the DPDPA, relating to: (a) consent and corresponding aspects; (b) obligations applicable to data fiduciaries; (c) obligations applicable to significant data fiduciaries ; and (d) the remaining powers of the Board. The Board will be the DPDPA’s enforcement authority. It is empowered to investigate complaints, conduct inquiries, and impose fines (up to INR 2.5 billion) or corrective orders, including blocking data processing or demanding deletion. The Board can also mandate urgent remedial measures in case of a serious breach. The Board will function entirely online to handle complaints, investigate data breaches, and impose penalties, completing inquiries within six months (extendable by three-month blocks with written reasons), and its decisions must be issued in writing. Appeals first go to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), with civil courts barred from intervening where the Board has jurisdiction. A further and final appeal may be made to the Supreme Court, creating a three-tier appeal structure. Regulators have signaled a progressive but firm stance. Indian policymakers aim to align the DPDPA with global best practices while accommodating local needs. For example, a Finance Ministry advisory sees robust data protection as central to economic and national security interests. At the same time, concerns about transparency ( ) and law enforcement privacy ( ) must be balanced. The DPDPA amends RTI rules to protect officials’ personal data, a change that has sparked debate. DPDPA implementation: Compliance challenges and business readiness The new Rules mark the final step in putting India’s first data protection law into action. The Government will clarify issues like cross-border data transfer limits and which organizations will be tagged as significant data fiduciaries. The Rules aim to balance clear regulation with enough flexibility for businesses to innovate. As the law becomes fully operational, companies must update their systems, processes, and documentation to ensure strong and resilient compliance. mapping all personal data flows to identify what data is collected, why, where it is stored, and to whom it is disclosed. Only with a complete inventory can firms apply the DPDPA’s rules to each data set (e.g., requiring new consents or erasing old data). Existing policies and practices will need revision . Privacy notices will have to explicitly track India’s consent and data subject rights requirements. Global companies must check “policy deltas”: while the GDPR allows processing on legitimate interest or contracts, India’s law will often demand fresh consent instead, which means consent mechanisms may need redesign in India-specific ways. Firms should also implement or upgrade systems to record and log consent transactions, evidence that valid consent was obtained for every processing activity. Contractual agreements will also require review . Data processing agreements must be amended so that fiduciaries can enforce DPDPA obligations on their vendors, even though the law only directly binds fiduciaries. For example, cloud or analytics providers may need new clauses on security standards, audit rights, breach notification, and data return or deletion. Aligning such contracts across the supply chain is crucial since fiduciaries remain liable for breaches by their processors. Finally, organizations should invest in training and culture change . Given the DPDPA’s novel features (consent managers, no default legal interests, nomination rights, etc.), employees will need education to handle data correctly. Companies may run simulation exercises for data breaches or rights requests, and ensure that even non-technical staff understand basic privacy tenets. Building privacy into day-to-day operations is not just legal risk mitigation; it is becoming a strategic imperative in India’s digital economy. Turning privacy principles into business practice The Digital Personal Data Protection Act signals India’s intent to build a modern privacy regime rooted in consent, transparency, and accountability. From redefining lawful data processing to mandating strong governance and breach preparedness, the DPDPA requires organizations to move beyond checkbox compliance and embrace a privacy-by-design mindset. But foundational understanding is only the first step. Implementation will require organizations to rework contracts, overhaul consent flows, inventory their data, and instill a culture of privacy across teams and tools. With enforcement timelines still unfolding, now is the time to build the infrastructure—technical, procedural, and cultural—that ensures long-term compliance. explore the global dimensions of the DPDPA from its approach to cross-border data transfers and international applicability, to how it compares with GDPR and CCPA, and the critical role it plays in shaping India’s AI and cybersecurity future ==================================================================================================== URL: https://trustarc.com/resource/dpdpas-global-reach-cross-border-data-ai/ TITLE: DPDPA’s Global Reach: Cross-Border Data, AI Impact, and International Alignment | TrustArc TYPE: resource --- India’s Digital Personal Data Protection Act (DPDPA) may be rooted in domestic privacy reform, but its implications stretch far beyond national borders. As organizations around the world grapple with how to handle Indian personal data, the DPDPA’s approach to international data transfers, AI development, and cross-framework compliance takes center stage. The DPDPA Rules, 2025 also state that transfers may be subject to restrictions or requirements that the Central Government may specify in respect of making such data available to a foreign State. This article explores how the DPDPA compares with other major regulations like the GDPR and CCPA, and how it affects the practices of global businesses, especially those in the AI and technology sectors. For a detailed breakdown of DPDPA’s domestic scope, lawful processing bases, and consent rules foundational article to India’s privacy law From cross-border data governance to cybersecurity readiness, the DPDPA establishes new expectations and new complexity for companies doing business in or with India. India’s cross-border data transfer rules under DPDPA: Global impacts and compliance risks As one of the most globally impactful provisions, India’s cross-border data transfer rules are especially important for multinational businesses. In a global economy are vital. The DPDPA allows foreign transfers of personal data by default, except to countries explicitly blacklisted by the government. This “negative list” approach contrasts with the EU’s adequacy/transfer mechanism model. In practice, until a blacklist is published, businesses may largely continue international data flows without complex compliance checks. The law does require that fiduciaries implement security measures before export and obtain appropriate consent and notices from data principals. However, the Rules reintroduce uncertainty by requiring data fiduciaries to comply with any government orders limiting transfers, especially where data may be accessed by foreign states or their agencies. No such orders exist yet, but this framework could complicate operations for entities relying on global data flows. Organizations should monitor government signals on national security or public-order concerns, as well as any moves to form committees on cross-border restrictions, potential indicators of future limitations. This regime will require companies to monitor government updates on restricted jurisdictions and document that the transferred data is protected. However, conflicts remain: For instance, Indian financial regulators (RBI) impose strict localization on banking data. Reconciling sectoral mandates with the DPDPA’s more lenient transfer rules will be a compliance challenge. In any case, unlike strict GDPR-style export controls, the DPDPA avoids cumbersome adequacy applications or standard contracts, favoring a balance between trade and privacy. For transfer purposes, the DPDPA’s reach is narrower than that of the GDPR. It does not apply extraterritorially to data processing that merely involves profiling or monitoring Indians (unless goods/services are offered). As noted by privacy experts, offshore AI providers that do not actively market to India could legally scrape or profile Indian data subjects without falling under the DPDPA. This is a significant contrast with GDPR, which explicitly covers profiling of EU residents by non-EU companies. In short, India’s law welcomes global data flows but carves out specific security-based exceptions via its blacklist mechanism. These cross-border provisions offer a sharp contrast with other data privacy frameworks around the world, especially the GDPR and CCPA. Comparing DPDPA with GDPR and CCPA India’s DPDPA shares many elements with other modern privacy laws, but also has distinct features. A high-level comparison with the US California Consumer Privacy Act (CCPA) highlights the contrasts: Like the GDPR, the DPDPA requires a legal basis for data processing. However, where the GDPR permits six bases (including legitimate interests and contractual necessity), the DPDPA essentially limits firms to consent or narrowly defined “legitimate uses.” By contrast, CCPA does not use consent-based processing; it is an regime for sales of data, and grants rights like deletion but does not prescribe a general processing basis. Both the DPDPA and GDPR require explicit, informed consent. India’s law mirrors the GDPR’s strict consent definition (“free, specific, informed”) and even envisages digital consent management infrastructure. Additionally, the Rules formalize Consent Managers, India-based, registered intermediaries that help users give, manage, and withdraw consent through interoperable, data-blind platforms subject to strict operational, security, and audit obligations. In contrast, the CCPA does not hinge on consent for most consumer uses (it bans “sales” unless consumers opt-out). The DPDPA grants rights comparable to the GDPR’s access, correction, and deletion rights. Like GDPR, it mandates notice and allows data subjects to withdraw consent. It adds India-specific rights (grievance officer, nomination). CCPA provides somewhat different rights : access, deletion, and data portability (upon request), as well as the right to opt-out of data sale. The DPDPA does not currently recognize an opt-out of marketing or sale, since the concept of “sale” is not in the Act. Data fiduciaries are required to clearly explain how users can exercise their rights, build internal systems to process these requests, and maintain a grievance redressal mechanism that resolves complaints within 90 days. GDPR’s “special categories” (sensitive data) framework does not appear in DPDPA; all personal data is governed equally. CCPA distinguishes “sensitive personal information” in some contexts, but again, only for specific opt-outs. The GDPR and CCPA each impose certain duties directly on processors/service providers (GDPR’s Article 28 contract requirements, CCPA’s obligations for service providers under contract). By contrast, the DPDPA imposes obligations only on data fiduciaries; processors are indirectly covered via mandatory contracts. The GDPR restricts data exports outside the EU unless an adequate level of protection exists or safeguards (e.g., Standard Contractual Clauses The DPDPA’s approach is more permissive: transfers are generally allowed unless the government blacklists the destination. In effect, India uses a negative list rather than an adequacy test; however, the Rules introduce potential regulatory uncertainties that could affect global operations, making it essential for fiduciaries to monitor government guidance closely. CCPA imposes no restrictions on transferring personal data out of state or the country. GDPR requires notification of the authority within 72 hours if there is a high risk to individuals. The Rules establish a two-stage breach reporting process requiring immediate notification to users and the Board, followed by a detailed report within 72 hours. With no materiality threshold, even minor incidents must be reported, increasing workload. CCPA has a broad notice requirement for security breaches under California’s civil code, though enforcement focuses on timely consumer notification. Under GDPR, regulators can levy fines up to €20 million or 4% of global turnover. The DPDPA caps fines at INR 500 million (~US$6 million) to INR 2.5 billion (~US$30 million), with adjustments for severity. The maximum is lower than GDPR’s 4% in euro terms, but still significant relative to the Indian market. CCPA fines are much smaller (generally $2,500-$7,500 per violation by default). Notably, unlike the CCPA (which allows statutory damages in case of certain breaches), the DPDPA does not create a private right of action for individuals. All DPDPA enforcement will flow through the government Board. will find some familiar elements, but will need to fill specific gaps (e.g., implementing consent for many purposes where GDPR would use alternative bases). As businesses examine the operational impact of the DPDPA, it’s clear that AI developers face some of the steepest challenges and opportunities. DPDPA’s impact on AI development India’s booming AI sector, projected to grow rapidly in the coming years, will feel the DPDPA’s effects acutely. Consent-centric constraints: Training many AI models requires large-scale personal data. Because DPDPA only allows processing of non-public personal data with consent or limited exceptions, datasets not explicitly consented to (for example, scraped proprietary user data) may be off-limits. In practice, companies developing consumer AI may need to redesign data collection so that consent is gathered at the point of data generation, or rely on alternative methods (synthetic data, generative techniques from public sources). Unlike many laws, the DPDPA exempts all personal data that has been made public by individuals (or required to be public). This means raw web content, social media profiles, or public directories, when legitimately public, fall outside the Act. AI developers can therefore harvest publicly available datasets without DPDPA consent obligations. However, this exemption is not unqualified; if data was originally collected under a different context and later published, questions may arise. Moreover, companies must still respect other laws (e.g., copyright, platform terms of use) when scraping. In essence, the public-data exemption may facilitate open-data AI research, but legal caution is advised. The DPDPA’s exemption for research, archiving, and statistical purposes could promote AI R&D, provided clear ethical and technical standards are defined by the rule. If implemented broadly (e.g., covering university and private research), organizations could process sensitive data for model training without individual consent, subject to safeguards. This mirrors how the GDPR permits secondary research use under appropriate safeguards. Without precise rules, however, institutions may err on the side of caution. Ultimately, a well-designed research exemption could help India build quality AI datasets, but it hinges on government guidance on permissible methods. The DPDPA’s limited territorial reach (only entities offering goods/services to Indians) creates a loophole; foreign AI providers not targeting India can potentially profile or process data on Indians outside the Act’s bounds. In other words, an AI company based abroad, not actively marketing in India, might train its models on Indian citizens’ data without DPDPA oversight. This could give non-Indian firms an edge, while local companies must comply. If unintended, policymakers may need to address this. Risk-based obligations (SDFs): These obligations build on the DPDPA’s broader accountability framework introduced earlier. You can revisit how SDFs are defined and governed in the DPDPA’s core enforcement structure in India’s Digital Personal Data Protection Act (DPDPA) Key Principles, Consent Rules, and Organizational Readiness In the AI context, major tech platforms handling vast datasets, such as social networks or cloud AI providers, may be designated as Significant Data Fiduciaries (SDFs), triggering additional requirements like audits and DPIAs. For example, a large social network or cloud AI provider handling vast personal data could be an SDF. They would then face stringent oversight and compliance costs. As the Rules require that an SDF exercise due diligence to ensure that the technical measures it employs, including any algorithmic software used for hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing personal data, do not pose a risk to the rights of data principals. Cybersecurity under DPDPA: New privacy compliance standards for Indian businesses As the DPDPA raises the bar for privacy governance, it also implicitly calls for stronger cybersecurity. Data protection and cybersecurity go hand in hand, and organizations must meet both obligations to stay compliant and competitive. The DPDPA reinforces this by demanding enhanced data security from fiduciaries. Every organization must adopt “appropriate technical and organizational measures” to secure data. This echoes and upgrades India’s earlier IT Act provisions, which had only imposed “reasonable security practices.” In practice, companies will likely need to invest in stronger encryption, access controls, monitoring, and breach response capabilities. They must also ensure data privacy and security by design , which may involve tighter network defenses and regular security audits (such as a DPDPA audit). Moreover, the Act’s breach notification regime will create synergies with cybersecurity standards. By aligning incident response processes with the law’s requirements, organizations can better coordinate between their IT security teams and legal/compliance teams. The DPDPA also implicitly endorses privacy-enhancing practices by excluding or public data from its scope. While the sources here emphasize legal analysis, suggests that the DPDPA will spur companies to view cybersecurity as an indispensable investment. Privacy-conscious Indian consumers and partners will increasingly expect robust cyber defenses. In short, complying with the DPDPA will largely mean “secure by default” data handling, strengthening India’s overall cyber resilience. Charting a global compliance strategy under India’s DPDPA From global data transfers to , the DPDPA marks a turning point in India’s privacy landscape, which demands strategic action from organizations worldwide. Compared to GDPR and CCPA, the DPDPA places greater emphasis on consent and state discretion, fewer exceptions for government, and a unique mix of flexibility (in transfers) and strictness (in processing grounds). The Rules, phase in compliance over 18 months, starting with the Board setup in 2025, followed by consent manager rules in 2026, and full business and government compliance requirements, including security and data handling obligations, by mid-2027. These mark the formal start of implementing the DPDP Act, however, key details, such as appointing the Data Protection Board, designating Significant Data Fiduciaries, defining restricted data-transfer jurisdictions, and specifying exemptions for certain entities, are still pending clarification. Organizations should begin with gap assessments, policy updates, consent management, and rights automation, while embedding privacy-by-design principles, conducting DPIAs, and establishing governance frameworks. Businesses must assess their current privacy posture, map data flows, manage consents, mitigate third-party risks, implement technical safeguards, and set up a data protection office. International companies must note that the DPDPA’s global reach means many US and EU businesses (even without an Indian presence) will fall under its scope if they handle data on Indians. Small organizations and start-ups face particular challenges due to undefined exemptions and retrospective consent requirements. Ongoing monitoring and automation are crucial to maintain sustained compliance and resilience. ==================================================================================================== URL: https://trustarc.com/resource/webinar-looking-ahead-the-2026-privacy-landscape/ TITLE: Looking Ahead: The 2026 Privacy Landscape | TrustArc TYPE: resource --- Looking Ahead: The 2026 Privacy Landscape Privacy teams are entering 2026 with more complexity—and more opportunity—than ever before. After a turbulent 2025 marked by the rise of AI, a flood of new regulations, and increased enforcement, privacy leaders are expected not only to ensure compliance, but to drive strategy, resilience, and trust across their organizations. As regulations evolve and technology advances, how can you stay ahead, prioritize effectively, and prove the value of your privacy program? and top privacy experts from Baker McKenzie and Under Armour for an exclusive look at the year ahead. You’ll gain practical insights and actionable strategies to future-proof your privacy operations and turn compliance into a true business advantage. A clear snapshot of the most impactful privacy and AI governance developments from 2025 A forward-looking view of the top regulatory, enforcement, and technology trends shaping 2026 A prioritized roadmap for strengthening and scaling your privacy program Expert guidance on aligning privacy goals with business success Don’t just keep up—get ahead. Reserve your seat today and be ready to lead with confidence in 2026. This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Deputy General Counsel, Under Armour Intellectual Property Partner, Baker McKenzie ==================================================================================================== URL: https://trustarc.com/resource/ai-ethics-with-privacy-compliance/ TITLE: Aligning AI Ethics with Data Privacy Compliance | TrustArc TYPE: resource --- The rising importance of AI ethics and data privacy compliance Artificial intelligence (AI) is revolutionizing industries, offering unprecedented efficiencies, insights, and automation. However, as AI systems increasingly process vast amounts of personal data, concerns about ethical AI use and privacy compliance are growing. Businesses must align AI ethics with data privacy laws to foster trust, reduce legal risks, and maintain compliance with evolving regulations like the California Consumer Privacy Act (CCPA) . To support organizations in managing these risks effectively, TrustArc Arc provides a unified privacy management platform that centralizes assessments, policy governance, and compliance workflows. Failure to integrate ethical AI practices and privacy safeguards can result in significant consequences, including legal penalties, reputational damage, and loss of customer trust. Organizations leveraging AI must adopt responsible governance frameworks that align with privacy laws while prioritizing fairness, transparency, and accountability in AI decision-making. By prioritizing ethical AI development, businesses can create robust AI solutions that respect individual rights and uphold regulatory requirements while driving innovation and efficiency. What is ethical AI, and why it’s critical for your organization Ethical AI involves developing and deploying artificial intelligence systems that adhere to fairness, accountability, transparency, and data protection principles. These principles help prevent AI systems from reinforcing biases, exploiting user data, or operating in ways that harm individuals or society. By implementing ethical AI frameworks, organizations can: Reduce the risk of algorithmic bias and discrimination Improve transparency in AI-driven decision-making Align AI systems with legal and regulatory requirements Foster consumer confidence and trust Strengthen brand reputation by demonstrating responsible AI practices NIST AI Risk Management Framework , emphasize the importance of ethical AI, reinforcing that businesses must integrate responsible AI practices to stay compliant and competitive. Companies proactively implementing ethical AI frameworks are more likely to gain a competitive edge in an increasingly AI-driven marketplace. AI ethics and data privacy: Key challenges organizations must address Data privacy safeguards individuals’ personal information from unauthorized access, use, or disclosure. AI systems, particularly those trained on large datasets, present unique privacy challenges, such as: AI models can inadvertently reinforce discrimination if trained on biased datasets. Many AI algorithms operate as “black boxes,” making it difficult to understand how they arrive at decisions. Organizations must take clear responsibility for AI-driven decisions. AI systems handling sensitive personal data are potential targets for are enacting strict AI and data privacy regulations that businesses must adhere to. Businesses must adopt robust data privacy frameworks, conduct AI impact assessments, and integrate human oversight in AI-driven processes to mitigate these risks. Implementing a culture of responsible AI governance will enable organizations to proactively address privacy concerns and mitigate potential risks before they escalate. Best practices to strengthen data privacy compliance in AI systems Organizations can safeguard data privacy in AI systems by implementing key best practices: Strengthen AI ethics with data minimization and secure data storage Data minimization for better AI ethics and privacy protection to only what is necessary for the AI system’s intended function. Implementing strict data governance policies reduces privacy risks and ensures compliance with regulations. Data minimization also enhances system efficiency by reducing redundant or unnecessary data processing. Secure data storage to support data privacy compliance Organizations must protect personal data through encryption, strict access controls, and regular security audits. Ensuring that only authorized personnel can access sensitive data helps prevent breaches and regulatory violations. Additionally, implementing multi-factor authentication (MFA) and other cybersecurity measures can enhance data protection Use AI-driven tools to improve data privacy compliance Automating compliance to support ethical AI AI-powered compliance solutions can streamline privacy management by automating consent tracking, data access requests, and compliance reporting. These tools help organizations maintain regulatory compliance while reducing manual workload. By leveraging AI for compliance automation, businesses can improve efficiency and accuracy in privacy management. The TrustArc Privacy Management Platform can support these workflows by helping teams manage assessments and privacy tasks more efficiently. Building customer trust through transparent data privacy practices Transparency in AI and data privacy practices is essential for building consumer trust. Businesses should: Clearly communicate how AI systems process user data. Provide accessible privacy policies detailing data collection, storage, and usage. Implement explainable AI techniques that allow users to understand AI-driven decisions. Establish clear channels for consumers to exercise their data rights, such as opting out of automated processing. One compelling example of transparency in action is Integral Ad Science (IAS), which has set a new standard for responsible AI in digital advertising. By prioritizing transparency, IAS has built a robust framework that fosters trust among stakeholders and ensures ethical AI deployment. Their approach enhances ad performance and aligns with broader industry demands for accountability and fairness. Learn more about IAS’s commitment to transparency and how they are shaping the future of digital marketing. By demonstrating transparency in AI operations, organizations can foster stronger relationships with customers and help them feel in control of their personal data. Ethical AI development: How to build fair, accountable, and responsible AI Ethical AI development involves designing AI systems that prioritize fairness, inclusivity, and accountability. Key strategies include: Regularly auditing AI models to identify and reduce bias. Assigning responsible personnel to monitor and review AI decisions when necessary. Including professionals from varied backgrounds to promote inclusive AI development. Ongoing AI ethics training: Providing employees with the knowledge and resources to develop and deploy AI responsibly. Conducting data privacy audits to ensure AI ethics and compliance Regular privacy audits help businesses identify compliance gaps and improve AI governance. Steps include: Data inventory: Mapping all AI-related data collection and processing activities. Risk assessment: Evaluating potential privacy risks associated with AI models. Policy review: Updating internal policies to align with evolving AI regulations. Third-party compliance checks: Evaluating vendors and third-party AI solutions to confirm they meet ethical AI and data privacy standards. TrustArc solutions offer comprehensive tools to facilitate privacy audits, helping organizations comply with industry standards and regulations The future of AI ethics and data privacy compliance in a regulated world As AI regulations continue to evolve, businesses must proactively adapt to new privacy requirements. Trends shaping the future of AI ethics and privacy compliance include: AI-driven privacy solutions that automate compliance and risk management. Decentralized data models that give users more control over their data. Stronger global AI regulations shaping Increased collaboration between AI developers and regulators to establish ethical AI guidelines. Improve your AI ethics strategy and strengthen data privacy compliance Businesses must take proactive steps to align AI ethics with . TrustArc offers AI-driven compliance solutions that streamline data privacy management, reduce risk, and build consumer trust. Organizations prioritizing ethical AI now will be better positioned for future regulatory changes and consumer expectations. Responsible AI checklist for ethical AI Use this checklist to align your AI systems with common compliance standards. Demonstrate ethical AI and transparent data governance Publicly show that your AI data governance is accountable, fair, and transparent. FAQs on AI ethics and data privacy compliance AI systems often process large volumes of personal data, increasing risks related to misuse, bias, and lack of transparency. Addressing AI alignment with privacy laws mitigates these concerns and protects user rights. How can AI systems be discriminatory? Algorithmic bias can arise from unrepresentative training data, leading to discriminatory outcomes. Implementing fairness assessments, diverse datasets, and bias-mitigation techniques can help reduce discrimination risks. What are key AI-related data privacy regulations businesses should be aware of? Key regulations include the EU AI Act, GDPR, CCPA, and the , all of which impose obligations on AI data processing and privacy compliance. By integrating ethical AI principles with strong privacy practices, businesses can foster trust, reduce risks, and ensure compliance in the rapidly evolving AI landscape. How does the General Data Protection Regulation (GDPR) impact AI ethics and data privacy compliance? The General Data Protection Regulation (GDPR) places strict requirements to ensure transparency, fairness, and accountability in AI systems. It restricts how personal data can be used, mandates safeguards against bias, and gives users rights over automated decision-making directly reinforcing ethical AI practices. What does the California Consumer Privacy Act (CCPA) require from companies using AI systems? CCPA gives consumers control over how their data is used in AI, requiring companies to disclose data practices, provide opt-out options, and prevent unauthorized data sharing. These obligations help ensure AI systems operate transparently and responsibly. How can organizations manage AI privacy compliance more efficiently? Organizations can streamline AI privacy compliance by using structured governance processes and tools that centralize assessments, documentation, and risk monitoring. The TrustArc Privacy Management Platform helps teams stay aligned with evolving regulations and maintain clearer oversight of how AI systems handle personal data. ==================================================================================================== URL: https://trustarc.com/resource/generative-ai-changing-data-privacy-expectations/ TITLE: Generative AI Data Privacy: How Expectations are Changing | TrustArc TYPE: resource --- From entertainment and marketing to healthcare and finance, generative AI is no longer a futuristic concept. AI is here, it’s powerful, and it’s prolific. Tools like ChatGPT, Midjourney, and DALL•E are used to write code, draft legal documents, generate medical insights, and even craft marketing campaigns. Yet its rise delivers not just innovation—it ushers in an influx of fresh data privacy concerns. Generative AI thrives on data. The very fuel that powers its predictions, responses, and creations is massive datasets. Many of these datasets include personal, sensitive, or even confidential information. The sheer scale and speed at which these tools operate have reshaped what individuals, organizations, and regulators expect when it comes to data privacy and security. In this brave new world, privacy is no longer a check-the-box exercise. It must be a proactive, strategic imperative. How generative AI impacts data privacy and AI privacy risks Changing data privacy expectations in generative AI Generative AI systems are trained on large-scale datasets that may include everything from public internet content to user-generated data. This creates a seismic shift in privacy expectations: AI models might inadvertently regurgitate personal data on which they were trained. Data collected for one reason might be used in entirely different ways through generative models. AI systems often retain information in ways that make it difficult to trace or erase. Why privacy must be a priority in generative AI adoption To mitigate risk and maintain trust, organizations must treat data privacy not as an afterthought but as a foundational pillar in AI adoption. This includes integrating privacy by design principles, conducting AI-specific privacy impact assessments, and ensuring transparency in how AI systems use data. Supporting this shift, the 2024 TrustArc Global Privacy Benchmarks Report AI remains the top privacy challenge for organizations worldwide for the second consecutive year. 70% of companies identified AI as an important or very important privacy concern , underscoring how AI-related risks are shaping strategic data privacy priorities TrustArc is at the forefront of this evolving landscape. With deep expertise in , and regulatory compliance, TrustArc offers the frameworks and tools companies need to navigate the privacy complexities of generative AI confidently. The TrustArc Platform strengthens this approach by giving organizations a centralized privacy management platform to manage AI risks, track compliance obligations, and embed privacy safeguards across their AI workflows. What is generative AI and why it matters for data privacy? Generative AI refers to a branch of artificial intelligence designed not just to interpret the world but to reimagine it. Unlike conventional AI models that categorize, forecast, or analyze, generative AI systems are creators. They synthesize new content based on training data, which includes text that mimics human tone and logic, images that could pass for digital paintings, audio clips that echo familiar voices, and videos that blur the line between simulation and reality. These models work by recognizing patterns in enormous datasets and using those patterns to generate content that feels original, contextually appropriate, and often uncanny in its realism. What makes generative AI so distinct is its creative output. AI doesn’t just choose from existing answers; it fabricates new ones that didn’t exist before, all based on learned patterns. Take OpenAI’s GPT-4, for example, which can draft compelling essays, summarize dense legalese, and even help engineers write efficient code. Tools like DALL•E and Midjourney transform written prompts into photorealistic or stylized artwork. Meanwhile, video generators like Sora push the envelope even further by creating cinematic-quality footage from mere text descriptions. It’s the kind of technology that once belonged to science fiction, and now shapes science, business, and beyond. The power of generative AI isn’t just theoretical. AI is already transforming core industries in tangible ways. In healthcare, organizations use AI to create synthetic medical datasets that preserve patient privacy while supporting robust clinical research and model training. Financial institutions automate the generation of compliance reports, fraud summaries, and even personalized investment advice—enhancing efficiency and regulatory alignment. In marketing, generative AI can craft tailored email campaigns, blog drafts, or even product descriptions for diverse customer segments at scale and in seconds. And in customer service, AI chatbots now go far beyond scripted responses. Trained on customer interaction history and behavior, they deliver dynamic, contextual, and natural-sounding support 24/7. These examples highlight how generative AI is augmenting existing workflows and reshaping what’s possible across the board. AI privacy risks in the age of generative AI generative AI are compelling, the privacy risks it introduces are equally significant. These models are only as safe as the data that feeds them. And often, that data includes personal, proprietary, or otherwise . When organizations overlook privacy safeguards, they risk unintended exposure, misuse, or even generation of inappropriate content. Here are three key areas of concern: Data leakage risks in generative AI models Generative models can unintentionally memorize and repeat sensitive data. This risk is amplified when models are fine-tuned on proprietary or user-submitted content. Unauthorized data use and AI privacy risks If data used to train an AI model was collected without explicit consent for that purpose, organizations risk privacy violations and regulatory noncompliance. Generation of sensitive or high-risk AI content Some generative AI tools may create outputs that contain personal, discriminatory, or misleading information (intentionally or not) that triggers ethical and legal red flags. Legal and ethical considerations for generative AI data privacy As generative AI tools become more deeply embedded in everyday business operations, the legal and ethical stakes are rising. Regulatory frameworks are tightening, and stakeholders are demanding clearer accountability. Whether it’s ensuring informed consent, mitigating algorithmic bias, or defining liability when things go wrong, organizations must proactively address these challenges to avoid reputational and legal fallout. Privacy laws and compliance and generative AI data privacy require organizations to: Obtain clear consent for data use Minimize data collection and retention Conduct Data Protection Impact Assessments (DPIAs) for high-risk AI applications Ethical AI usage and responsible AI governance Responsible AI requires fairness, transparency, and explainability. Organizations must: Promote accountability in AI-driven decisions Accountability and liability in AI privacy risks Who is responsible when generative AI causes harm? Under regulations like the , developers and deployers of high-risk AI systems may be liable. This puts the onus on organizations to vet their tools, assess risk, and document mitigation measures. Accountable AI, Build for Real-World Governance and Privacy Bridge the gap between innovation and responsibility. Learn how to embed transparency, fairness, and privacy into every stage of your AI lifecycle with practical insights from industry experts. Executive Oversight for Responsible AI Governance Empower your board and executive team to lead with confidence. This strategic guide helps decision-makers govern AI adoption while staying ahead of emerging privacy risks and regulations. How to use generative AI responsibly and strengthen AI privacy Responsible use of generative AI starts with understanding that privacy is more than a feature, privacy is a foundational requirement. Whether you’re building, buying, or simply using AI tools, there are critical steps each stakeholder must take to reduce risk and promote trust. For businesses, responsible AI adoption begins with governance. Companies must clarify how AI tools are selected, used, and monitored. Rather than relying on informal or ad hoc use, businesses should embed privacy principles into every phase of the AI lifecycle and require regular risk assessments that align with widely recognized standards like the NIST AI RMF or the EU AI Act. Developers play a unique role in ensuring privacy is engineered into AI systems from the ground up. Following privacy by design principles , they should prioritize minimizing data exposure. This includes using synthetic or anonymized data for model training and validation and carefully documenting how models behave, how they process inputs, and what they generate. Clear logs and audit trails go a long way in proving compliance and spotting issues before they escalate. Awareness is the best defense for individual users. Be cautious when interacting with generative AI tools, especially if you’re inputting sensitive personal or business information. Always look for providers who publish clear privacy policies and offer robust safeguards around data storage, sharing, and retention. Just because a tool is convenient doesn’t mean it’s compliant By aligning people, processes, and technology, each group can contribute to a more secure and privacy-respecting AI ecosystem. Organizations can also benefit from using a centralized privacy management platform to help coordinate assessments, streamline AI governance workflows, and maintain clearer oversight across the AI lifecycle. Safeguarding tips for generative AI data privacy protection Strip personal identifiers before using data to train AI systems. This reduces the risk of reidentification while preserving data utility. Encryption strategies to reduce AI privacy risks Encrypt data at rest and in transit to prevent unauthorized access, especially when interacting with third-party AI APIs or Access control measures for responsible AI governance Use role-based access controls to limit who can interact with or modify AI models, training data, and outputs. Monitor usage to detect anomalies. The rising call for generative AI data privacy and transparency Growing public awareness of AI privacy risks People are more aware than ever that their data might be training the next viral chatbot. Consumers increasingly expect transparency, choice, and control over how their data is used. 2023 Pew Research Center survey found that 90% of Americans have heard at least a little about artificial intelligence, with one-third reporting substantial awareness. Similarly, the IAPP Privacy and Consumer Trust Report 2023 57% of global consumers view AI’s role in collecting and processing personal data as a significant privacy threat. These insights underscore the growing public demand for visibility, accountability, and ethical safeguards in how organizations use personal data to train AI systems. Regulatory pressure driving responsible AI governance Governments worldwide are racing to establish new rules that can keep pace with the rapid advancement of AI. The EU AI Act, widely seen as a global bellwether, introduces a tiered risk-based classification system that requires stringent privacy, transparency, and oversight measures for high-risk applications. In Canada, the proposed Artificial Intelligence and Data Act (AIDA) is laying the groundwork for responsible through mandatory impact assessments and new compliance obligations. Meanwhile, in the United States, state-level legislation, such as California’s CCPA and Colorado’s AI Act, is expanding the scope of privacy protection, algorithmic accountability, and consent requirements. Together, these initiatives signal a global regulatory shift: AI is no longer exempt from scrutiny, and businesses must be ready to prove compliance or face steep legal, financial, and reputational consequences. Industry trends shaping generative AI data privacy The industry is also responding with a strategic pivot toward privacy-first innovation. Organizations are increasingly adopting privacy-enhancing technologies (PETs) to reduce the risks associated with sharing or processing sensitive data. These solutions (like federated learning or differential privacy) help businesses train AI models while preserving user anonymity and minimizing direct data exposure to enable secure, compliant AI training and deployment. At the same time, frameworks prioritizing transparency, explainability, and data minimization—like NIST’s AI Risk Management Framework and the OECD AI Principles—are gaining traction as businesses look to embed trust and accountability into their AI operations. These trends reflect a broader movement: organizations are no longer asking if they should care about privacy in AI. Now, they’re asking how to scale it effectively and sustainably across the enterprise How TrustArc supports responsible AI governance and privacy risk management TrustArc offers tailored solutions to support responsible AI deployment across industries: TrustArc empowers privacy, compliance, and security professionals to confidently manage the complex data privacy risks that generative AI introduces. Why addressing AI privacy risks requires more than good intentions Generative AI is redefining what’s possible and what’s risky. As the technology accelerates, so do privacy implications. From unintentional data exposure to regulatory noncompliance, the stakes are high. By embracing responsible AI practices, aligning with regulatory guidance, and partnering with experts like TrustArc, organizations can turn risk into resilience and innovation into advantage. A dedicated privacy management platform like TrustArc can also help operationalize these efforts by centralizing assessments, governance workflows, and ongoing monitoring to keep AI programs aligned with evolving regulations. AI Compliance, One Step at a Time Navigate the evolving AI landscape without the guesswork. This guide walks you through risk assessments, regulatory requirements, and best practices for responsible AI deployment. AI Risk? Meet Your Mitigation Plan Get ahead of AI-driven risk with tools built for privacy pros. TrustArc’s AI Risk solution helps you operationalize compliance across every stage of the AI lifecycle from assessments to automation. ==================================================================================================== URL: https://trustarc.com/resource/privacy-risk-management-vs-checkbox-compliance/ TITLE: Privacy Risk Management vs. Compliance: A Smarter Approach | TrustArc TYPE: resource --- In a world where data breaches can destroy trust overnight, privacy cannot survive as a checklist exercise. Modern privacy leaders know this truth better than anyone: Compliance keeps you out of trouble, but risk management keeps you in business. Today’s most resilient organizations do more than follow the rules. Modern privacy leaders build programs that are dynamic, predictive, and fully woven into business strategy. Privacy becomes a catalyst for innovation and a driver of trust in an era where AI, global regulations, and expanding data ecosystems shift as rapidly as a season finale plot twist. This is your guide to building a privacy program designed not only to keep pace with change but to lead it. What is privacy risk management? is a proactive, strategic approach to identifying, assessing, and mitigating data privacy risks across an organization’s operations. It goes beyond the minimum legal requirements to examine holistically how data practices, systems, vendors, and emerging technologies impact individuals and the business. Privacy as an enterprise strategy Forward-thinking organizations weave privacy into their business strategy, not as a compliance obligation, but as a competitive differentiator. When leaders understand their data flows, high-risk processes, and exposure points, they can innovate confidently instead of cautiously. Risk-based models outperform compliance-only approaches Risk-based organizations identify problems before regulators do. They align privacy with security, engineering, procurement, HR, and product—creating unified systems that scale, adapt, and protect. Governance structures thrive on risk thinking Cross-functional governance committees, privacy champions, and risk scoring frameworks turn privacy from a reactive function into a strategic engine that drives trust, operational resilience, and stronger decision-making. Discover how TrustArc enables organizations to streamline their through automated vendor assessments and scalable workflows. Understanding the shift from checkbox compliance Checkbox compliance is the “just tell me what to do” approach to privacy: follow the rules, fill out the forms, publish the policy, and hope for the best. The limitations of checklist thinking You only address what’s required today, ignoring tomorrow’s risks. Complex data ecosystems, vendors, AI models, and cross-border transfers don’t fit neatly into static checklists. As regulations multiply, checklists expand until they become unmanageable. It frustrates stakeholders: Teams view privacy as bureaucratic rather than strategic. The real risks of minimal compliance Brand and reputational damage that outlives the news cycle We’ve all watched companies pay the price, whether through preventable breaches, AI rollouts paused after public backlash, or consent violations that made headlines. Many of these organizations checked every required box, yet their programs lacked the depth needed to manage real-world risk. Why global regulations favor risk-based approaches From GDPR to the Colorado AI Act to Brazil’s LGPD, regulators are steering organizations toward demonstrable accountability. Risk-based governance is no longer optional; it’s the expectation. Key differences: Risk management vs. checkbox compliance Reducing data privacy risks Meeting minimum legal requirements DPIAs, risk scoring, data mapping, privacy frameworks Stronger protections, trust, innovation Gaps, outdated practices, hidden vulnerabilities This is the difference between being ready and being surprised. The role of the risk assessment process in modern privacy programs are the beating heart of a modern privacy program. They transform abstract concerns into measurable, actionable, prioritized steps. What a privacy risk assessment covers Nature and purpose of processing Data sensitivity and volume Likelihood and severity of harm Legal and regulatory exposure Techniques leaders rely on Data Protection Impact Assessments (DPIAs) Privacy Impact Assessments (PIAs) Data inventories and mapping AI impact, bias, or ethics assessments Why it outperforms checklist compliance Risk assessments uncover the “unknown unknowns,” including shadow data, misconfigurations, AI model surprises, vendor gaps, and internal usage that policies no longer reflect. This is where privacy leaders move from “following the law” to “leading the organization.” Common data privacy risks organizations must manage Every organization, regardless of size or industry, faces these core risks: Unauthorized access and data breaches can undo years of trust building. Even when mitigated quickly, the reputation fallout can linger. Inadequate third-party controls One weak vendor can compromise your entire ecosystem, particularly in SaaS chains or AI supply chains. Poor data minimization and storage practices The longer data sits, the riskier it becomes. isn’t a recommendation; it’s a survival tactic. Emerging AI-related privacy risks Algorithmic bias, opaque decision-making, excessive data collection, unpredictable output, and training on personal data all create new challenges and draw increasing regulatory scrutiny. Human error and internal misuse Whether accidental or intentional, employees remain one of the highest-risk areas. Each risk isn’t just a compliance failure; it’s a trust failure. Benefits of adopting a risk-based approach to privacy A risk-based approach transforms privacy from static documentation into a living, adaptive discipline. Organizations that prioritize risks over requirements close gaps faster because they understand why those gaps matter, not just which laws mention them. This mindset produces cleaner data ecosystems, sharper internal controls, and stronger decision-making frameworks. It also helps privacy leaders anticipate issues before they escalate, shifting the program from “audit-ready” to “future-ready.” Think of it as moving from playing defense to running the whole field. Better cross-functional alignment Risk scoring acts as a universal translator inside the enterprise. Security teams speak in threat vectors. Engineering speaks in systems and dependencies. Product teams speak in user experience. Legal speaks in obligations and exposure. But risk? Risk is everyone’s language. Risk is everyone’s language. By quantifying privacy risks, leaders give every team a clear, shared understanding of priorities, reducing friction, preventing misalignment, and eliminating the lost time that plagues checklist-style programs. It creates a decision-making rhythm where each function understands its role in protecting data, enabling smoother collaboration and faster execution. Reduced legal and financial exposure If regulators have a “greatest hits” list of enforcement priorities—data minimization, transparency, security controls, vendor oversight—risk-based programs hit them every time. That’s because a risk-based model tackles the root causes of noncompliance : unmanaged data, unclear ownership, inconsistent processes, and high-risk automation. By resolving these issues proactively, organizations dramatically reduce the likelihood of fines, breach expenses, litigation, and the operational chaos that comes with regulatory surprise. It’s not just about avoiding penalties; it’s about building a program that stands up to scrutiny with confidence and clarity. Scalable, future-ready compliance global privacy laws multiplying faster than new characters in a Star Wars spin-off, scalability is nonnegotiable. A checklist-based program collapses under that weight. But a risk-driven program thrives because it’s built on durable principles: accountability, transparency, minimization, governance, and continuous monitoring. When new laws emerge, organizations don’t scramble. They map new requirements onto existing risk controls. Processes flex but don’t fracture. Privacy teams avoid burnout, legal teams avoid rework, and business leaders get a model that scales seamlessly across jurisdictions, systems, and technologies. Increased customer and regulator trust Trust is the ultimate KPI, and a risk-based program is built to generate it. Customers reward companies that demonstrate care, responsibility, and transparency. Regulators view risk-based programs as credible evidence of accountability. Investors see them as indicators of operational maturity. A strong risk posture boosts leadership confidence in innovation. Product teams move faster because they know the guardrails are sound. Sales teams convert faster because customers feel safe. The organization becomes known not only for protecting data, but also for protecting people. Trust is earned through consistency, and risk-based privacy programs deliver exactly that. Building a risk-based privacy program A risk-based model doesn’t happen by accident. It happens through deliberate design. Understand what personal data you collect, where it lives, how it moves, and who touches it. Step 2: Conduct ongoing risk assessments Assess not only new systems, but existing processes, vendors, and AI models. Step 3: Implement mitigation controls Encryption, minimization, access limits, training, vendor clauses, secure configurations, data retention, and more. Step 4: Monitor, audit, and improve Regulations change. Risks evolve. Your program should too. Step 5: Incorporate privacy-by-design Make privacy a default, not a decision. Step 6: Train staff and define ownership When everyone owns a slice of privacy, the organization becomes safer and smarter. Why checklist compliance is no longer enough Checklist compliance creates fragile programs that break under pressure. Today’s environment demands more because: Global laws evolve rapidly Enforcement is increasing Data ecosystems are decentralized Consumers expect transparency AI systems introduce new, unpredictable risks Static checklists can’t capture context-specific risks, including issues arising from training data in AI systems, high-risk vendors, or new data combinations that create unintended consequences. Combining compliance and risk management for better outcomes Compliance is your foundation. Risk management is your strategy. How both approaches work together Compliance ensures you meet the rules. Risk management ensures you exceed expectations. Together, they form a privacy program that is defensible, scalable, and trusted. Leaders who embrace both create programs that not only withstand regulatory scrutiny but also give the organization confidence to innovate without hesitation. The future of privacy programs: Risk-centric and adaptive The next generation of privacy programs won’t be built on static requirements or reactive checklists; they will be engineered for constant change. As AI accelerates the speed, scale, and complexity of data use, privacy is moving into a new era where governance, ethics, and risk oversight converge. AI compliance, bias mitigation, transparency, explainability, and human oversight will sit at the center of privacy operations, reshaping everything from product development to vendor management. At the same time, global regulators are steadily aligning around accountability frameworks rather than prescriptive rulebooks, reinforcing the need for organizations to they understand and can mitigate their risks , not just document their intentions. To keep pace, automation will become a force multiplier. AI-assisted assessments, automated data mapping, real-time risk scoring, and continuous monitoring will underpin mature programs, which, ironically, make AI essential to managing AI. As expectations rise, demonstrable accountability will carry more weight than any policy. Boards will demand clearer metrics. Regulators will scrutinize control effectiveness rather than paper compliance. Customers will favor companies that can show, not merely claim, that their practices are responsible. Privacy leaders who embrace this evolution now will shape the standards the rest of the industry follows. They’ll build adaptive, risk-centric ecosystems designed to withstand disruption, support innovation, and earn trust in a world where transparency isn’t optional , it’s the baseline for doing business. The strategic advantage of a risk-centric privacy program Checkbox compliance will always have its place, but it functions as a maintenance strategy that keeps the lights on rather than driving transformation. Risk-based privacy management, by contrast, is a leadership strategy. It equips organizations to anticipate issues before they escalate, adapt quickly as laws evolve, and demonstrate the kind of accountability regulators and customers expect. When privacy teams operate with a risk-first mindset, they gain influence across the business. They guide product decisions, strengthen security partnerships, and earn executive trust by offering clear prioritization grounded in evidence, rather than relying on checklists. This approach doesn’t just reduce exposure; it builds resilience and reinforces brand integrity in a world where trust can evaporate overnight. Organizations that adopt risk-based governance now will be well-positioned to innovate with confidence, scale responsibly, and differentiate themselves in an increasingly data-driven market. In the new era of privacy, leadership belongs to those who manage risk, not those who merely manage requirements. FAQs on privacy risk management What is the difference between privacy risk management and checkbox compliance? Risk management is proactive, strategic, and integrated. Checkbox compliance is reactive, minimalistic, and rigid. Why is privacy risk management important for organizations today? Because global regulations, AI systems, and complex data ecosystems require continuous evaluation—not a one-time checklist. How does the risk assessment process help manage data privacy risks? It identifies gaps, prioritizes mitigation, informs governance, and uncovers risks that policies alone can’t catch. What are the most common data privacy risks businesses face? Unauthorized access, vendor weaknesses, poor data retention, human error, and AI-driven risks such as bias or opaque decision-making. How can companies build a strong, risk-based privacy program? Map data flows, conduct regular risk assessments, implement controls, train teams, operationalize privacy by design, and continuously improve. Clarity in Your Data. Confidence in Your Risks. Map your data, uncover risks, and stay ahead of compliance with automated insights built for scale. Centralized Controls. Simplified Compliance. Manage requirements, controls, and evidence in one hub for clearer, faster compliance. ==================================================================================================== URL: https://trustarc.com/resource/privacy-powerup-series/ TITLE: Privacy PowerUp Series | TrustArc TYPE: resource --- Supercharge your privacy knowledge Are you a compliance pro, lawyer, or just curious about privacy? The Privacy PowerUp series is the perfect launchpad for mastering all the privacy essentials. In this comprehensive series, we guide you through every stage of building and scaling a modern privacy program—from the fundamentals of getting started and managing data collection, inventories, and subject rights, to tackling high-stakes areas like contracting, consent, international transfers, and AI. We also dive into program governance, vendor management, incident response, and the evolving challenges of tracking technologies and risk assessments while showing you how to secure executive buy-in and strengthen cross-functional collaboration across your organization. ==================================================================================================== URL: https://trustarc.com/resource/data-inventory-mapping-compliance/ TITLE: Data Inventory and Mapping to Support Privacy Compliance | TrustArc TYPE: resource --- Improve privacy compliance with data mapping Any business that collects data needs to ensure its privacy compliance is right. But if you don’t know the type of data you collect and how it’s shared, processed, and stored, it is hard to know if your organization’s use of data is compliant with privacy rules – let alone have the right answers for audits or individual data subject access requests. One of the most important steps to designing and building a privacy compliance program is to build a data inventory. Begin by mapping all the personal data processing activities within your organization. Data mapping is about matching information for easier management Most organizations collect more data than they know what to do with. If your business wants to get more value from the data it collects – and meet privacy compliance – you need to know more about where this information is managed: – Find out every source of data your business has access to – internally and externally – and identify what information is held in each database – Once you know all the different data sources, you can create data flow maps of all the processes and systems the data moves through. Where it starts, all the points it is processed and analyzed, and where it is stored. Multiple versions of similar data are likely stored in multiple locations Match similar information – The data mapping process focuses on matching fields in different databases, making it easier to combine this information into a central inventory for better management Build and manage a central data inventory – When you have reliable data flow maps and data mapping processes set up, you can migrate and integrate valuable data into a central inventory for better management. Privacy compliance relies on good data management Data mapping is not a once-a-year process – it needs to be done regularly so your organization’s data inventory records are accurate and up-to-date. As privacy and data protection regulations expand, organizations need to show how they . So it’s important you can find the right information in your data inventory on demand. For example, risk management and compliance reporting for the EU General Data Protection Regulation California Consumer Privacy Act (CCPA) will rely heavily on a comprehensive data inventory. Likewise, organizations need fast access to accurate and current personal data they hold to properly answer data subject access requests. Data inventory needs to be a ‘living record’ Once your organization’s data processing flows have been recorded and , you can make better-informed decisions about where to invest resources based on where the highest risk lies. While the word ‘inventory’ might suggest a static list at a point in time, a data inventory for privacy compliance should be a ‘living record’ of how personal data moves throughout your organization’s systems and business processes – and changes over time. Automated data mapping streamlines management and compliance There are three main ways you can handle data mapping in your organization: – have your data professionals create templates and write code for processes to connect and document all data sources to the central data inventory. It can be very hands-on and time-consuming, tying up your data team – and they’ll need excellent coding skills. Semi-automated data mapping – use a tool for data mapping (or ‘schema mapping’) to find and create connections between data sources and target schema at the heart of your central data inventory; then have your data professionals check the work done by the tool and manually adjust or fix it. Potentially resource-intensive, this approach relies on data professionals with solid coding skills. – use a full automated data mapping platform to do all the heavy lifting, such as integrating, migrating and organizing data in a central inventory. The platform will include tools for people who aren’t data professionals so they can map data and schedule regular updates to capture changes. This approach streamlines multiple processes by automating them, and makes reporting easier, especially for data privacy compliance. TrustArc’s AI-powered tools simplify data mapping for teams tired of juggling spreadsheets and manual processes. By automating up to 80% of the work, they quickly identify systems, workflows, and gaps in your data inventory. Hours of tedious effort become minutes, freeing your team to focus on higher-impact tasks while staying audit-ready. Five best practices for building a data inventory TrustArc’s privacy experts have helped many businesses get up to speed with data mapping, privacy compliance and managing their data inventory. Here are the expert’s recommended best practices for building a data inventory: Design a scalable data inventory – Remember all data inventories need to be updated regularly, so designing a scalable and repeatable process up front can save time and cost later Train data management subject matter experts – Even if your organization takes the full-automated approach to data mapping and inventory management, it is important to train team members so they understand any compliance requirements driving the data inventory, and what to expect from the process – Start small with one functional area or region so your organization can learn from a more controllable experience, learn ways to improve data management and build on that knowledge and experience to expand into other parts of the business Think outside the (server) box – Remember data can flow in a variety of ways and media. Don’t forget to capture records from printed copies of documents, video files, tape recordings and other non-electronic formats Track all data mapping tasks – A data inventory is a powerful tool that will not only meet some compliance requirements directly, but also help in other important activities such as: Help your organization with data mapping privacy compliance TrustArc understands the challenges organizations face with data mapping, including creating and building a data inventory and data flow maps that support privacy compliance. We’re here to help you solve these challenges by making the work of data management easier. Data Mapping & Risk Manager Automate data mapping and ROPAs to generate data flow maps for compliance. Automate Your Privacy Program Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. ==================================================================================================== URL: https://trustarc.com/resource/nymity-research-privacy-law-library/ TITLE: Why Nymity Research is the Only Privacy Law Library You’ll Ever Need | TrustArc TYPE: resource --- The compliance gap no one talks about Picture this: You wake up, grab your coffee, skim your inbox, and see a regulatory update from South Korea that redefines how long your company can store customer data. The kicker? The change happened yesterday, and your team missed it. Sound dramatic? It’s not. For privacy professionals, this is a routine risk in a world governed by more than 1,000 global privacy laws , each prone to sudden shifts, silent updates, and regional nuances. 2025 TrustArc Global Privacy Benchmarks Report , compliance risk from regulatory oversight ranks among the top five challenges facing organizations today. Add in cross-border complexity and AI-related uncertainty, and the margin for error disappears. Yet many teams still rely on pieced-together processes that make it all too easy to miss a change or misinterpret one. The same report shows that companies without dedicated legal research tools consistently underperform on privacy competence, widening the gap between compliant and exposed. The stakes are not just theoretical; they’re financial, reputational, and operational. One missed update can snowball into enforcement, fines, and fractured trust. The fragmented landscape of privacy law research patchwork research process wastes time and multiplies risk Manual monitoring is slow, reactive, and prone to oversight. Sources are often outdated, regionally limited, or locked behind paywalls. Comparing laws across jurisdictions? Practically impossible without legal counsel. It’s inefficient and unsustainable. say they’re “very likely” to invest in legal research tools in 2025, signaling a breaking point for the status quo. Teams are overwhelmed, overextended, and overdue for a smarter way to work. Enter Nymity Research: The central source of truth from TrustArc: the AI-enhanced, expert-driven regulatory intelligence engine trusted by global privacy leaders. With a database housing over 50,000 privacy expert-written references, 1,000+ full-text laws, and 800+ operational templates, Nymity Research is the that rules them all when it comes to privacy compliance. What makes Nymity Research different? Built by privacy experts with over 25+ years of experience. Searchable by jurisdiction, topic, regulation, or use case. Includes NymityAI, an AI assistant for helpful, plain English answers to privacy-related questions, trained on TrustArc’s in-house legal team’s content. (MoFo) and TrustArc’s in-house privacy knowledge team for strategic insights. Delivers customized alerts and comparative legal reports. Instead of scouring dozens of sources, teams use a single, centralized system updated daily to search, compare, and confidently apply privacy law. Ready to see what smarter privacy research looks like? Start your free trial of Nymity Research and experience the difference firsthand. Fragmented workflow vs. Nymity Research: A side-by-side breakdown Manual monitoring through Google Alerts, blogs, and law firm emails. Automated, customizable daily alerts based on regions, topics, and regulations. Inconsistent, unvetted, and sometimes outdated or paywalled. Expert-curated insights backed by 25+ years of legal and regulatory experience. Limited; difficult to compare laws across borders. 244+ jurisdictions and 1,000+ full-text global privacy laws, searchable and comparable. Hours per update across scattered sources. Minutes to receive, digest, and act on curated, relevant alerts. Seconds to understand the implications of the law on your company using NymityAI. High risk of missing critical changes or updates. Significantly reduced risk through proactive notification and legal summaries. Requires manual tracking, policy updates, and legal interpretation. 800+ expert-built templates—including free AI governance templates for training and AI procurement—are ready to deploy and scale with your program. Reactive and uncertain; knowledge gaps persist. Informed, proactive, and defensible compliance strategy supported by clear documentation. The real magic: Meet NymityAI The power of Nymity Research isn’t just in its database. It’s in how you interact with it. is your always-on privacy research assistant built to help you move faster, dig deeper, and make smarter decisions without waiting on legal. Ask it anything. Literally. “Which laws apply to biometric data in employment contexts?” “Where is a legitimate interest not an acceptable legal basis?” “Do APAC countries require breach notification within 72 hours?” You’ll get instant, citation-backed answers sourced directly from over 1,000 full-text laws and 50,000+ curated references. No guesswork. No jargon. Just what you need, when you need it. Bonus: NymityAI saves your past queries, so that 2 a.m. panic search about GDPR data transfers? Still there in the morning, along with links to operational templates to help you fix it. NymityAI is where legal precision meets research superpowers. Staying ahead of the curve before it bites Imagine you’re a DPO overseeing compliance across Latin America. One morning, your customized Nymity Research alert flags an urgent update: Brazil’s National Data Protection Authority (ANPD) has just issued new guidance limiting the legal bases for processing biometric data in financial services. Now, to be clear, this is a hypothetical example, but it mirrors the kind of update privacy teams face regularly. Because your alert is tailored to your risk profile and regional focus, you’re ahead of the game. You flag the change to legal, pause affected campaigns, and revise your consent language. By the time competitors are scrambling to respond, your documentation is already aligned. That’s not wishful thinking. That’s Nymity Research at work. As one Chief Privacy Officer at a large enterprise aerospace firm put it: “The ability to know what has changed in the last 24 hours is extremely helpful for our privacy program.” are precise, actionable, and noise-free. They deliver only the updates that matter to your organization in a format that’s easy to digest and act on. In privacy, being first to know isn’t a luxury; it’s a liability shield. Staying ahead of change is the only way to stay out of trouble. How to use Nymity Research like a power user Nymity Research isn’t just a passive resource. It’s a strategic weapon if you know how to wield it. by risk tier, region, business line, or legal topic (e.g., AI governance, breach response, data localization) for instant answers with citations (e.g., “Which laws include employment data in scope?”) Compare laws across jurisdictions with visual dashboards and summary tables to accelerate documentation—everything from sample policies and notices, template contract language, infosec checklists, and break response plans. Bonus: Past chats with NymityAI are saved for reference, so even your 2 a.m. GDPR panic search is never wasted. The ROI of streamlined legal research Many privacy professionals spend a significant portion of their time researching laws and interpreting regulatory updates, especially when responsible for compliance across 10 or more jurisdictions. Without automation, those hours stack up fast, dragging on legal resources, slowing internal decision-making, and leaving little time for strategic initiatives. by eliminating the need to manually monitor and cross-reference fragmented sources. With access to up-to-date laws, expert-curated summaries, and comparative jurisdictional insights, privacy teams can move faster, reduce legal costs, and respond to change proactively. “The templates and depth of legal analysis just can’t be found at competitors… On top of that, the customer support is top notch. They want you to succeed!” And succeed you will. With fewer hours and a whole lot less stress. Across industries, Nymity Research is helping privacy pros work faster, smarter, and with greater clarity: A financial services company saved hours using NymityAI to clarify employment data requirements across jurisdictions. An enterprise compliance team used the region-wide tracker to give actionable, location-specific advice during cross-border processing reviews. A global privacy director reported massive time savings by integrating operational templates into day-to-day workflows. This isn’t theory. It’s transformation in action. The compliance backbone for modern privacy teams Global privacy compliance isn’t slowing down. In fact, it’s accelerating and is fueled by AI, geopolitical shifts, and rising regulatory expectations. In this high-stakes game, awareness isn’t optional. It’s essential. Nymity Research from TrustArc delivers: Confidence through clarity. A single pane of glass for global regulatory compliance tracking and insights. It’s the tool privacy teams wish they had yesterday and the secret weapon they’ll rely on tomorrow. Ready to streamline your research and stay compliant while you sleep? Start your free trial of Nymity Research today and never miss a critical update again. While Nymity Research provides expert-curated insights and timely alerts, organizations are still responsible for evaluating legal obligations and making final compliance decisions based on their unique context. ==================================================================================================== URL: https://trustarc.com/resource/arc-demo-video/ TITLE: Arc Demo Video | See TrustArc’s AI-Powered Privacy Platform in Action TYPE: resource --- Privacy moves fast, and Arc is built to keep up! Watch how Arc, TrustArc’s AI-powered privacy management platform, helps teams finish work faster, stay aligned, and move from question to action in seconds. Powered by Arc Intelligence, Arc delivers cited answers you can trust, automates manual steps, and brings everything together in one seamless flow. From cookie banners to assessments, evidence, and regulatory guidance, Arc replaces complexity with clarity — so privacy teams can work smarter and lead with confidence. Experience the future of privacy management. This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. ==================================================================================================== URL: https://trustarc.com/resource/why-rethink-privacy-management-platform/ TITLE: TrustArc: The Next-Generation Privacy Management Platform | TrustArc TYPE: resource --- The pressure on privacy teams has reached a breaking point. The world has moved from privacy programs being a best practice to being a board-level mandate, and the pace of change hasn’t slowed for a second. As new laws multiply and compliance demands intensify, organizations are realizing their privacy management platform must evolve just as quickly. recent analysis from Privacy Laws & Business International 172 countries now have data privacy laws in place, with an average of more than five new jurisdictions adopting legislation each year since 2020. The global momentum shows no sign of slowing. Regulators are spot-checking cookie banners, AI bills are multiplying, and private rights of action are making noncompliance riskier and more expensive than ever. Meanwhile, privacy professionals are expected to keep their organizations compliant, resilient, and trustworthy with little more than spreadsheets, point solutions, and caffeine. Privacy teams aren’t slowing down. They’re being stretched thin by a world that never stops evolving. Ready to escape the privacy patchwork? See how TrustArc helps privacy teams replace fragmented tools with one intelligent, unified privacy management platform. The problem with today’s privacy management platforms For years, privacy management platforms have been a patchwork of point solutions, each built to address a specific regulatory or operational need. The result? An environment where teams bounce between tools, manually piece together workflows, and burn valuable time just trying to find where things live. privacy programs became an ecosystem of siloed tools rather than an integrated operation system of actions. Instead of empowering teams, the patchwork slowed them down. And the stakes are only rising. Regulatory enforcement is tightening. Consumers are more privacy-conscious than ever. The explosion of AI, connected devices, and cross-border data flows adds new layers of complexity daily. What privacy professionals need isn’t another tool to learn, but an intelligent environment that understands them, unifies their work, and helps them move faster with confidence. A new era demands a new kind of privacy technology Privacy teams today face an unprecedented convergence of pressures: evolving global laws, higher internal expectations, shrinking budgets, and a relentless pace of innovation. The result is stress, burnout, and a growing gap between what privacy leaders want to do—strategically guide data governance—and what they can do with the tools available. That gap inspired a rethink of what a privacy management platform should be. It’s time for platforms that reflect the way privacy professionals actually work: fast, focused, and forward-looking. Not software-centric systems that demand adaptation, but user-centric solutions that adapt to you. That’s what led to the next generation of the TrustArc platform. Arc is built around a simple but powerful idea: privacy should work the way privacy professionals work. The TrustArc platform represents a fundamental shift toward intelligent, unified privacy management designed to deliver speed, scale, and savings Arc brings clarity and intelligence to every corner of privacy management, turning complexity into confidence. Meet TrustArc: Designed for privacy pros, by privacy pros TrustArc is a holistic privacy management platform powered by Arc Intelligence, TrustArc’s embedded, human-centered AI layer. It connects your favorite TrustArc applications, such as , into one seamless, intelligent workspace. Instead of switching between interfaces, the TrustArc platform unifies workflows across your program, giving you an action-oriented homepage, a universal command bar, and real-time visibility into your compliance posture. TrustArc isn’t about adding more. It’s about doing more with less friction. The design philosophy is clear: User-centric, not software-centric With Arc, privacy management becomes what it was always meant to be: an empowering, intuitive experience that mirrors the way experts actually work. Discover how TrustArc reimagines privacy management. Explore how TrustArc unifies your workflows, automates complexity, and delivers clarity across your entire program. See how the platform works Introducing Arc Intelligence: privacy’s new power layer At the heart of the TrustArc privacy management platform is Arc Intelligence, a contextual, explainable AI engine purpose-built for privacy. It’s designed to fit naturally into the daily workflow of privacy professionals, powering the platform with smart, transparent insights. Arc Intelligence combines TrustArc’s 28+ years of privacy expertise, Nymity Research’s proprietary research database , and advanced language models to help teams analyze, automate, and act with confidence. Unlike generic AI tools, Arc Intelligence: Understands global laws and frameworks across more than 1,000 regulations and 50,000 references. Provides full source citations so every answer is verifiable and defensible. Integrates directly with your live program data for contextual, actionable insights. by ensuring customer information is never used to train models. The result: faster, smarter privacy decisions without second-guessing. Experience the intelligence behind Arc. Learn how Arc Intelligence brings explainable, human-centered AI into every step of your privacy workflow. What sets the TrustArc privacy management platform apart Ask Arc: Your intelligent privacy assistant Ask Arc isn’t a chatbot. It’s an expert partner designed to provide credible, contextual answers when you need them most. Built on Nymity Research and your live program data, Ask Arc lets you ask questions in plain language and receive credible, cited answers instantly. Want to know which U.S. privacy laws apply to your company? Whether your French cookie banner is compliant? Or which vendors lack a signed DPA? Ask Arc can answer all while citing the exact regulation, guidance, or data point that supports its response. Ask Arc even supports voice input, file upload and analysis, and read-aloud results. Upload a screenshot of your cookie banner, and it’ll tell you what’s missing (for example, a reject-all button in France). This capability goes beyond automation to deliver true augmentation. Ask Arc empowers teams to: Cut legal research time in half Improve accuracy and defensibility Reduce external counsel costs Quick Actions: Simplifying the complex Think of Quick Actions as privacy’s version of “Command + Shift + Magic.” Whether you’re adding a vendor, updating a data inventory, or launching a cookie banner, Arc turns once-daunting tasks into simple guided workflows. Arc Intelligence autofills known fields and reuses existing data, minimizing manual effort. Each workflow is designed to help you move fast and stay focused. Create or update a cookie banner Create or update a vendor Add or update a risk score It’s privacy program management at the speed of life. Universal Command Bar: Where action meets intuition “What would you like to do today?” That’s how Arc’s Universal Command Bar greets you. It acts as a natural language hub that routes you to tasks, research, Quick Actions, or the right TrustArc application. No more guessing where to click. Just type or speak what you need, and Arc takes you there. A new homepage built for clarity and confidence TrustArc’s redesigned homepage serves as your mission control. It highlights what matters most, including tasks, notifications, Quick Actions, and the latest regulatory updates, all in a clean, modern interface. You start every day oriented, informed, and ready to lead. Evidence Library: Bringing order to your compliance universe The Evidence Library serves as your single source of truth for documents, records, and assessments. It keeps your compliance data organized, searchable, and traceable while giving you full control over what information Arc Intelligence can access. The benefit? Transparency meets trust. You decide what’s in play, ensuring your AI-driven insights are always grounded in verified, high-quality information. Tasks & Notifications: Stay focused on what matters most Stay effortlessly organized with a unified view of tasks and notifications across the entire TrustArc platform. You can filter by application, due date, and priority to focus on what needs attention first—whether that’s an upcoming assessment, a pending review, or an urgent compliance action. By surfacing what’s important and when, Arc increases visibility and productivity, streamlines prioritization, and makes decision-making faster and more confident. Why TrustArc: A new chapter in privacy platform technology The TrustArc platform represents a generational leap for privacy leaders who are ready to elevate from compliance managers to strategic drivers. As a next-generation privacy management platform, it’s built on the vision that privacy should be proactive, intelligent, and inspiring. And privacy leaders who’ve tested the privacy management platform are already feeling the difference. Dominika Partelova, Senior Counsel and Global Data Protection Officer at Edgewell, described the shift this way: “With the introduction of Arc, our daily workload feels like having a parallel conversation with a knowledgeable colleague and TrustArc customer service — not like managing a complex data integration tool. This AI enhancement has transformed automation from a rigid process into something interactive and intuitive.” That clarity and ease of use extend to teams of all sizes. For Post Holdings, the value became obvious almost immediately. JaNeen Allen, Senior Manager of Privacy/Cybersecurity Compliance, shared: “Even after just a short time with Arc, it’s clear this will be a really useful tool for onboarding new team members faster and getting them up to speed. I can already see how it simplifies workflows and enhances our privacy tech. From speeding up vendor onboarding to surfacing what matters most, Arc will help me and my team work smarter.” This is exactly what Arc was designed for: providing a platform that amplifies human expertise by removing the work that slows down strategic impact. Privacy leaders are reshaping business strategy, steering innovation, and building trust in the AI era. TrustArc gives them the platform to do it faster, smarter, and with far more confidence. As Beatrice Botti, SVP and Chief Privacy Officer at DoubleVerify, put it: “Arc offers a glimpse into the future of compliance—thoughtful, efficient, and built for the way privacy teams operate. From what we’ve seen, it has real potential to meaningfully enhance how we work.” Arc enhances the capabilities of privacy experts, empowering them to achieve more with greater clarity and control. This is the new standard: a modern privacy management platform built for today’s complexity and tomorrow’s possibilities. Experience the future of privacy with TrustArc TrustArc redefines what’s possible in an intelligent privacy management platform built for the way you work. Be the first to see how the TrustArc platform helps privacy teams move faster, simplify complexity, and turn compliance into confidence. Explore the TrustArc Platform ==================================================================================================== URL: https://trustarc.com/resource/2026-data-privacy-landscape-strategic-roadmap/ TITLE: Mastering Privacy in 2026: AI & Governance Roadmap | TrustArc TYPE: resource --- If 2025 felt like drinking from a firehose, 2026 is shaping up to be the year you learn to swim upstream. For privacy, compliance, and security professionals, the days of merely “checking the box” are dead and buried. We are no longer just guardians of compliance; we are the architects of digital trust in an era defined by artificial intelligence and regulatory fragmentation. You are the experts. You have navigated the , survived the initial waves of , and begun to grapple with the complexities of . But as 2026 begins, the landscape demands a new level of strategic vision. It demands a shift from reactive defense to proactive mastery. Here is your command center view of the most impactful developments from 2025, along with a forward-looking intelligence briefing on the regulatory, enforcement, and technology trends that will define 2026. The 2025 retro: A year of fragmentation and enforcement To understand where we are going, we must ruthlessly assess where we have been. 2025 was not the year of federal unification that many hoped for in the United States. Instead, it was a year of aggressive fragmentation and high-stakes enforcement. The enforcement avalanche The numbers paint a stark picture. European authorities have imposed over 2,500 fines under the GDPR , totaling more than €6.7 billion. In the US, the FTC has been equally aggressive, achieving record settlement tallies and pushing for non-monetary penalties, such as algorithm deletion and mandatory privacy overhauls. While we anticipated a flood of new US state laws in 2025, the reality was a bit more nuanced. We saw , but the legislative activity actually slowed down regarding new comprehensive bills. Instead, states like California, Colorado, and Connecticut doubled down on amendments, specifically targeting: : enhanced protections for users aged 13–18. : stricter requirements for platforms. : alignment on core rights like access, correction, and deletion. Perhaps the most headache-inducing trend of 2025 was the explosion of wiretapping claims and biometric litigation. CIPA (California Invasion of Privacy Act) cases surged, with hundreds filed in the first half of the year alone. Similarly, BIPA (Biometric Information Privacy Act) filings remained strong, driven by expanding technologies like AI smart glasses. The “wait and see” approach is a liability. 2025 proved that if regulators don’t catch you, the plaintiffs’ bar might. The 2026 horizon: AI, algorithms, and the “Moloch’s Bargain” As we pivot to 2026, the dominant force reshaping our world is Artificial Intelligence. But this isn’t just about generative text; it’s about the fundamental monetization of data. The shift from “free” to “paid” We are entering a shift that Ami Rodrigues, Deputy General Counsel at Under Armour, illustrates by referencing the concept of ‘Moloch’s Bargain’ . The era of the free, open internet is shifting toward paid subscription models for AI utility. : Companies are shifting toward paid models to offset the substantial costs of AI computation. : Marketing teams are panicking as we shift from Search Engine Optimization (SEO) to Answer Engine Optimization (AEO). The metric is no longer the “click”; it is the “citation” by an AI agent. The governance nightmare: Inferred data For privacy pros, this presents a terrifying new frontier. If an AI “infers” about a user based on non-sensitive inputs, is that inference regulated? for data you didn’t collect but rather “calculated”?. dark patterns or manipulative consent flows designed to feed these data-hungry models. The velocity of AI means phishing, business email compromise, and credential harvesting will become faster, smarter, and harder to detect. As others have noted, your job is not going to be replaced by AI, but you can be replaced by someone who knows how to use AI effectively. Global forecast: The great divergence In 2026, the world will not be singing from the same song sheet. We are seeing a “Shift Right” toward APAC while Europe attempts to simplify its complex web of regulations. Europe: The quest for simplification The EU has realized that layering law upon law (Data Act, ) stifles innovation. 2026 will be the year of consolidation. : Expect debates over a package designed to support innovation and reduce regulatory complexity. : Look for moves toward a single point of entry for reporting breaches across different legal frameworks. : Full requirements for high-risk AI systems and generative AI transparency are set to take effect by August 2026. APAC: The new center of gravity If your privacy program is solely built on GDPR standards, you are already behind in Asia. The “Brussels Effect” has its limits. For a detailed overview of the diverse regulatory requirements across the region, consult our Navigating APAC Data Privacy Laws: A Compliance Survival Guide . Rules were finalized in late 2025, and the Data Protection Board is now active. By 2026, consent managers must be registered. : Unlike Europe, where “Legitimate Interest” is a valid basis for processing, many APAC jurisdictions (like China and Vietnam) rely almost exclusively on consent and enforce strict data localization. US landscape: The enforcement “vibe check” In the United States, 2026 will be characterized by what the kids might call a harsh “vibe check” on compliance. It’s not about what you say you do; it’s about what you actually do. Regulators haven’t stopped scrutinizing your banner design, but they are no longer stopping there—they are actively auditing your backend to ensure technical execution matches user choices. : Regulators are using automated tools to verify if your “Reject All” button actually stops the trackers. If it doesn’t, you are liable. : In California, the expectation is shifting toward a seamless, one-click opt-out for known users : You must display an indicator showing that you have received and honored Global Privacy Control (GPC) signals New consumer privacy laws will come into effect in Indiana, Kentucky, and Rhode Island in 2026 . Furthermore, active bills in Massachusetts, Michigan, Pennsylvania, and Wisconsin suggest the patchwork will only get more colorful. A strategic roadmap for 2026 How do you manage this chaos? You don’t manage it; you lead through it. Here is your prioritized battle plan for the coming year. 1. Back to basics: The governance reboot It sounds counterintuitive, but the solution to advanced AI complexity is foundational governance. AI will “blow up” your information governance if it is weak. : If you don’t know where your data is, you can’t protect it. with an emphasis on AI inputs and outputs. : The best way to avoid a privacy scandal is to not have the data in the first place. Ruthless The days of vendors blindly accepting liability are fading. Cynthia Cole from Baker McKenzie notes a shift toward “use at your own risk” terms from AI vendors. : Scrub your Master Services Agreements. Are you indemnified if your vendor’s AI hallucinates and causes a breach? : Implement specific AI addendums that address data use rights and liability allocation. “Plain language” is often a lie we tell ourselves. In 2026, transparency must be more than a wall of text. : Can you explain to a regulator, in simple terms, how your AI made a decision? If not, you are at risk. : Your privacy notice from six months ago is likely already obsolete. Update it to reflect current AI practices and Privacy is no longer just a legal discipline; it is a technical one. : Privacy pros need to understand how cookies, pixels, and large language models function. You cannot govern what you do not understand. : Don’t blindly trust your c onsent management platform . Audit the “back of house” to ensure signals are being honored. Mastering privacy leadership in the 2026 landscape The 2026 landscape is daunting, filled with regulatory paradoxes and technological upheavals. It brings to mind the old adage: The best time to plant a tree was 20 years ago. The second best time is now. You have the roadmap. You understand that while the laws are fragmenting, the principles of transparency, accountability, and fairness remain universal. By grounding your program in these basics and keeping a watchful eye on the specific nuances of APAC and AI governance, you can turn compliance from a cost center into a competitive advantage. Privacy leaders are not just avoiding fines; they are building the trust that fuels the digital economy. So, grab that extra cup of coffee—you’re going to need it—and get to work. The future isn’t waiting. Your immediate next step: Automate your “vibe check” Regulators are no longer looking at just your banner design—they are scanning your backend code to ensure “Reject All” truly stops trackers in their tracks. Don’t leave your compliance to chance or manual spot-checks. to automatically audit your tracking technologies, ensure Global Privacy Control (GPC) signals are technically honored, and turn your consent posture from a potential liability into a fortress of trust. Precision Consent. Defensible Compliance. One Platform. Infinite Confidence. Operationalize your entire privacy and AI governance strategy in a single command center. Simplify complex global regulations, automate risk, and lead your organization through the 2026 chaos. ==================================================================================================== URL: https://trustarc.com/resource/how-to-evaluate-privacy-management-platform/ TITLE: Privacy Management Platform Features & Risks 2026 | TrustArc TYPE: resource --- The era of “check-the-box” compliance is dead, buried, and fossilized. With 144 countries now enforcing national data privacy laws covering 82% of the world’s population, the stakes have shifted from simple adherence to strategic survival. You aren’t just a guardian of data; you are the architect of your organization’s trust framework. In 2026, the difference between a privacy program that struggles and one that scales isn’t headcount; it’s the technology stack. You need a command center, not a filing cabinet. This guide helps privacy leaders cut through the noise, evaluate the “must-haves” versus the “nice-to-haves,” and select a platform that turns regulatory chaos into a competitive advantage. What is a privacy management platform? Think of a privacy management platform as the central nervous system of your organization’s data privacy program. It goes far beyond static documentation or disparate spreadsheets. A modern platform automates and simplifies the creation of end-to-end privacy management programs, delivering the depth of intelligence coupled with complete platform automation essential for navigating the digital world. Organizations now require centralized software to manage compliance at scale, as 6.3 billion people, or 79.3% of the world’s population, are now covered by some form of national data privacy law . A robust platform connects the dots between privacy tools and broader security, governance, and risk strategies, enabling teams to streamline manual processes, enhance accountability, and improve assessment accuracy across the entire enterprise. Why choosing the right privacy management software matters in 2026 The landscape is shifting beneath our feet. We are witnessing a proliferation of AI, with over $40 billion invested since 2020 70% year-over-year increase in Chief AI Officer appointments. This surge brings new risks: Gartner predicts that by 2030 , 40% of enterprises will experience security or compliance breaches due to “Shadow AI”—unauthorized tools that employees use without oversight. The legal fallout is already forecasted : by 2028, AI regulatory violations are expected to result in a 30% increase in legal disputes for tech companies. Furthermore, the volume of work is intensifying. There has been a in Data Subject Requests (DSRs). With the average cost of a U.S. data breach hitting a record $10.22 million in 2025 , relying on a manual approach is a dangerous liability. Choosing the right platform isn’t just about efficiency; it’s about financial stewardship. The cost of complying with a single new U.S. law can range from $15,000 to $60,000 , whereas the right platform can reduce the cost of complying with privacy laws by $645K Key features every data privacy management platform must have When you strip away the marketing fluff, your platform must perform specific, heavy-lifting tasks. If a solution cannot handle the following, walk away. Automated data discovery and data mapping in a privacy management platform You cannot protect what you cannot find. A scalable platform must utilize a variety of data discovery techniques to provide a flexible suite of options based on organizational needs. Look for features like Record Exchange, which allows you to populate your inventory with over 800 of the most popular systems and business processes in a single click. Furthermore, your platform should support third-party discovery, automatically scanning websites to identify and catalog vendors, accelerating your Record of Processing Activities (ROPA) efforts. Advanced solutions leverage AI to autofill details on records, reducing manual work by at least 80% and enhancing data accuracy. TrustArc Data Mapping & Risk Manager streamlines vendor discovery, accelerates ROPA, and gives privacy teams a real-time view of their data and risk landscape. Data subject requests (DSR) and data subject rights automation With a 246% increase in DSRs, manual fulfillment is a fast track to burnout. Your platform must automate the entire DSR workflow, dynamically assessing requests and securely delivering accurate responses within regulatory timelines. Look for dynamic request routing that automates task assignments based on request type, persona, and jurisdiction. Crucially, the system should integrate with enterprise systems (like Salesforce, Jira, and Adobe) for data discovery, retrieval, deletion, and identity verification. This ensures you can simplify, streamline, and scale processes without complexity or high costs. TrustArc Individual Rights Manager automates every stage of the DSR lifecycle, so your team can scale compliance effortlessly and respond with confidence. Consent management and user preferences tracking Consent is the currency of the digital age. A robust platform must design, build, and deploy branded consent experiences that automatically detect a site visitor’s location and display the correct notice based on local regulations. Ensure the platform supports granular consent choices, allowing users to provide consent for specific categories rather than a binary “accept/reject”. It should also address automated tracker scanning, categorizing cookies, and grouping them effectively. For operational efficiency, bi-directional data flows should orchestrate consent and preferences across all systems. simplifies global consent experiences, automates tracker governance, and keeps your organization aligned with ever-evolving regulations. Third-party and vendor risk management Your perimeter extends to your vendors. An effective platform must automate data mapping of systems, vendors, business processes, reducing manual processes and improving accountability. Look for automated website vendor scanning that adds third-party vendors to your inventory/ROPA, accelerating compliance efforts. Privacy management software should actively identify risk exposure, calculating processing risk, data transfer risk, and AI risk from third parties and business processes. It must generate reports on third-party vendors to demonstrate immediate compliance with regulators. Automation rules can automatically kick off to mitigate and reduce risk. Privacy risk assessments and Data Protection Impact Assessments (DPIA) automation shouldn’t be a guessing game. Your platform needs to automatically score and evaluate privacy risk metrics on existing records, including systems, vendors, and internal processes. intelligent assessment recommendations ; when a risk score crosses a predefined threshold, the system should automatically suggest whether a DPIA, Privacy Impact Assessment (PIA), or vendor assessment is necessary. Pre-built templates covering DPIAs, PIAs, vendor risk, AI risk, and Transfer Impact Assessments (TIAs), continuously updated by experts, are non-negotiable for staying aligned with evolving regulations. Data governance and data quality controls Governance is about structure. Your platform should support organizational configurability, allowing you to customize unique structures and business units for greater accountability. It should simplify how you plan, execute, and mature your privacy program for long-term scalability. Advanced platforms offer AI-powered evidence analysis that automates evidence review, scores compliance strength, identifies compliance gaps–saving teams hours per compliance standard (e.g., ). This ensures rigorous data governance and strengthens your overall risk posture. Compliance management for global privacy regulations With over 130 global laws to track, manual monitoring is impossible. You need a platform that provides automatic applicability scanning, continuously running in the background to identify new regulations or changes applicable to your specific profile. The solution should map laws and standards to identify common requirements (controls-based model), eliminating up to 30% or more of redundant actions. It should allow you to track compliance progress and effectiveness across multiple jurisdictions in a single “Command Center” view. simplifies multi-jurisdictional compliance with automated applicability scanning, common controls, and automated evidence analysis for global oversight. Reporting, analytics, and auditability You cannot manage what you cannot measure. Your platform must produce structured, KPI-driven reports, such as executive summaries and detailed assessment reports, to monitor progress and on-demand audit logs to streamline audits. Look for on-demand attestation capabilities that aggregate compliance data from across the organization, allowing you to drag-and-drop widgets to determine the KPIs you want to see. Real-time dashboards should provide a view of your risk landscape, including residual risk levels per record type. Privacy leaders deserve a platform that matches the sophistication of their mission. Explore how the unifies discovery, automation, intelligence, and reporting to help you run a resilient, future-ready privacy program. Red flags to watch for when evaluating a privacy management platform Manual monitoring requirements : If the platform requires you to manually review online opinions to determine if a new regulation applies to you, it is obsolete. Avoid platforms that do not offer continuously updated templates aligned with global requirements (e.g., Lack of AI-powered automation : A platform without AI-powered automation for record creation or risk scoring will leave you drowning in manual data entry and risk scoring. : If the privacy management software cannot integrate bi-directional data flows with the rest of your tech stack (e.g., Salesforce, Jira, Adobe), it creates data islands rather than a unified governance structure. : Avoid privacy management tools that do not provide inherent or residual risk scoring for systems and business processes, not just vendors, for true data protection risk visibility. Tools that provide risk criteria explanation and jurisdictional risks tied to cross-border transfers, allow you to understand your risk exposure. 2026 requirements for a future-ready privacy management platform As we look toward 2026, the baseline for privacy management technology is rising. A future-ready platform must integrate , capable of conducting AI risk assessments throughout the AI lifecycle. It requires automated regulatory and compliance intelligence that stays ahead of global laws, “pushing” notifications on specific actions needed to restore compliance. Crucially, it must support unified settings, allowing you to manage program-wide settings like brands and evidence (e.g., processing purposes) in one place. The platform must be the only company to deliver the depth of privacy intelligence coupled with complete platform automation. Detailed comparison checklist for evaluating a privacy management platform Use this checklist to evaluate potential vendors against the rigorous demands of the modern privacy landscape. Must-have capabilities (2026) Automated data mapping and discovery AI-driven record creation; Third-party website scanning; 300+ integrations; Automated risk scoring (Inherent & Residual). Cuts manual work by 80%; prevents blind spots in vendor ecosystems. Dynamic request routing; Identity verification; End-to-end DSR workflow automation. Handles the 246% increase in DSAR volumes; ensures regulatory timeline compliance. Geo-location detection; Granular consent choices; Tracker scanning; Cross-system orchestration. Builds customer trust; ensures compliance with global frameworks like GDPR and CPRA. Pre-built assessment templates; Intelligent assessment triggers. Proactively surfaces gaps; prioritizes high-risk processing for remediation. Automated applicability scanning; Pre-defined controls for global regulations and compliance standards; Common controls mapping; AI evidence analysis. Reduces cost of compliance by $645K; eliminates redundant tasks. Real-time dashboards; Drag-and-drop KPI widgets; Audit trail generation. Demonstrates compliance to regulators immediately; simplifies audit trails. AI data mapping and risk assessments; Algorithmic accountability templates; AI regulatory controls. Mitigates risks associated with the $40B+ investment in AI. How to conduct a risk-based evaluation of privacy management software To truly protect your organization, you must adopt a risk-based approach—often visualized as a “sandwich” approach. : Begin by assessing risk through a comprehensive review of third-party vendors and their underlying systems within your business processes, utilizing automated data mapping tools. to capture how risk is being mitigated. The task management within this process represents your risk mitigation activities. : Finally, demonstrate risk mitigation by calculating the residual risk score (inherent risk minus control effectiveness) and generating risk reports. Steps to select the best all-in-one solution for your privacy program Step 1 – Define your privacy operations needs Identify if you need to manage , data inventory, and risk assessments together . Integrated platforms offer key advantages here. Step 2 – Audit existing data assets and look for data risk automation Utilize tools that allow you to import existing metadata and records and automatically help create privacy-first data flow mapping to save time and increase accuracy. Along with automated risk scoring, so you can perform risk-based privacy assessments versus just vendor-centric checklists. Step 3 – Evaluate key features and integrations Ensure the platform connects with your tech stack. Look for pre-populated libraries with over 800 system records to accelerate setup for your data mapping or inventory. Step 4 – Assess scalability for evolving privacy laws Choose a platform that covers hundreds of countries and global laws. It must auto-detect regulatory changes based on your profile. Step 5 – Compliance evaluation and reporting Verify that the platform has pre-defined compliance controls and can automatically flag compliance gaps and generate follow-up tasks, replacing cumbersome spreadsheets. Step 6 – Verify security controls and data protection capabilities Look for assurance services and independent reviews powered by technology to demonstrate compliance and reduce risk. Step 7 – Compare cost, flexibility, and implementation support Consider the ROI. Platforms that reduce audit costs by $82K and incident costs by $3M Common mistakes companies make when choosing privacy management software Underestimating data automation and overestimating on data discovery alone : Relying on manual entry instead of automated data record creation. Discovery-first vendors focus on discovery-first capabilities over other proven methods. Data discovery alone can often be expensive, intrusive, and lengthy to implement. Ignoring third-party risk : Failing to automatically catalog and assess vendors, systems, and business processes leaves a massive gap in your governance structure. Overlooking “consultantware” : Choosing software that doesn’t include access to privacy experts or maintained templates forces you to become a legal scholar overnight. Look for out-of-the-box expert-maintained operational templates to save you time. : Failing to calculate the cost of manual compliance versus platform automation. Automation can reduce time to compliance from 8 weeks to 3 weeks Future trends shaping privacy management platforms The future is automated, integrated, and intelligent. We are seeing a massive shift toward AI-assisted compliance management, where AI evidence analyzers automate review processes. Unified privacy and security orchestration is becoming the standard, with platforms acting as a command center for all governance activities. Furthermore, global convergence is driving the need for privacy management software to map common controls across hundreds of standards, reducing redundant work. As DSR volumes continue to spike, automation is an operational necessity. Why your platform choice defines your privacy future The role of technology in enabling comprehensive privacy programs has shifted from a support function to a strategic imperative. Organizations must prioritize future-ready, risk-based functionality that unify data mapping, risk assessment, compliance evaluation, and regulatory monitoring. Evaluating the right key aspects (automation, integration, and intelligence) ensures long-term data privacy compliance and operational resilience. Selecting the right privacy management platform today ensures your business can stay compliant, secure customer trust, and adapt to global privacy regulations with confidence. Ready to build a privacy program that scales as fast as the regulatory landscape shifts? Explore the TrustArc Platform, a unified privacy management platform designed to help leaders automate compliance, strengthen governance, and stay ahead of global requirements. Elevate your privacy program ==================================================================================================== URL: https://trustarc.com/resource/state-of-privacy-management-manufacturing-industry-brief/ TITLE: 2025 Manufacturing Privacy Trends | Risk, AI & Compliance Insights TYPE: resource --- State of Privacy Management in Manufacturing How Manufacturers Are Embedding Privacy Into Daily Operations In 2025, manufacturers face a new era of operational complexity, where privacy is no longer a bolt-on task, but a critical component of core strategy. From Industrial IoT and biometric time clocks to AI-powered quality control and global data transfers, today’s connected factories are rich with data and risk. The 2025 State of Privacy Management in Manufacturing Industry Brief provides timely, data-driven insights into how global manufacturers are responding to this transformation. Based on a global sample of executives, privacy managers, and operational leaders, this report benchmarks sector-specific challenges and reveals how forward-thinking manufacturers are integrating privacy into production, supply chain, and workforce systems. If you’re leading privacy, security, or compliance in manufacturing, this is your blueprint for proactive, resilient governance. As factories digitize and regulators catch up, manufacturers are navigating: Rising privacy risks from AI, biometric systems, and IIoT telemetry, especially in workforce monitoring, safety systems, and connected equipment Expanding regulatory mandates, from the EU AI Act and Cyber Resilience Act to California’s automated decision-making rules and China’s outbound data restrictions A critical shift: privacy is now part of product liability, especially when software or AI impacts performance But while the regulatory bar rises, the brief reveals a maturity gap, and the sector is at a turning point. AI oversight, IIoT telemetry, and biometric risks are rising across global manufacturing. Manufacturers lag behind in terms of privacy maturity, but 74% are ready to invest in automation. Compliance is no longer enough. Privacy now drives trust, safety, and innovation. “Privacy is no longer an isolated compliance task but a marker of operational excellence.” ==================================================================================================== URL: https://trustarc.com/resource/state-of-privacy-management-in-healthcare/ TITLE: 2025 Healthcare Privacy Report | Trends, Risks & Readiness TYPE: resource --- State of Privacy Management in Healthcare New 2025 Privacy Insights Every Healthcare Leader Must See As the pace of healthcare innovation accelerates, so do the privacy risks. From AI-driven diagnostics to digital identity management and health data sharing, privacy now stands at the core of patient trust, regulatory compliance, and operational resilience. 2025 State of Privacy Management in Healthcare report delivers the essential data and expert analysis healthcare organizations need to navigate this complex landscape. Based on responses from hundreds of global privacy leaders, this exclusive brief benchmarks the healthcare sector’s privacy performance, reveals emerging risks, and outlines proven strategies to stay ahead. Whether you’re a compliance leader, CISO, privacy officer, or product innovator in healthcare, this report will give you a competitive edge. Healthcare ranks #4 globally on privacy maturity but faces high internal threats and resource gaps. Third-party risk, digital identity, and DSR automation are top privacy priorities in 2025. Cross-border compliance and AI governance are now critical for long-term patient trust and resilience. “Done well, privacy in healthcare moves beyond reactive compliance. By operationalizing privacy-by-design… the sector can strengthen resilience, accelerate trustworthy innovation, and reinforce the patient trust that is foundational to mission and growth.” ==================================================================================================== URL: https://trustarc.com/resource/state-of-privacy-management-financial-services-industry-brief/ TITLE: 2025 Financial Services Privacy Trends | TrustArc TYPE: resource --- State of Privacy Management in Financial Services Stay Ahead of Privacy Risks in Financial Services — 2025 Insights Inside In today’s rapidly evolving regulatory landscape, financial services organizations face mounting privacy pressures driven by new laws, AI-powered innovation, and rising consumer expectations. As a leader responsible for safeguarding sensitive data and building customer trust, you need clarity on where the industry is heading and how your organization stacks up. The 2025 State of Privacy Management for Financial Services Industry Brief delivers exclusive insights from financial executives, managers, and privacy professionals worldwide. This comprehensive benchmarking report reveals how the sector is navigating intensified regulatory enforcement, cross-border data complexities, AI-driven risks, and the technologies reshaping privacy management. The financial services sector is entering an era of increased scrutiny and higher stakes. Download this report to uncover: The expanding regulatory landscape: From the EU AI Act and DORA to over 20 new U.S. state privacy laws, the rules are shifting quickly, and noncompliance carries growing financial and reputational risks. AI adoption and oversight challenges: 77% of financial firms already use AI tools for privacy management, yet limited internal expertise creates significant compliance gaps. The competitive advantage of trust: With 75% of financial services leaders viewing privacy as a key business differentiator, embedding strong governance frameworks drives both compliance and customer loyalty. “Privacy is increasingly seen as a strategic differentiator, not just a defensive measure. Organizations that take a proactive approach are better equipped to balance innovation with trust.” ==================================================================================================== URL: https://trustarc.com/resource/state-of-privacy-management-in-technology/ TITLE: State of Privacy Management in Technology | TrustArc TYPE: resource --- State of Privacy Management in Technology How Leading Tech Firms Are Navigating AI, Privacy & Compliance The pace of innovation in technology is unprecedented—and so are the risks. From AI-generated code to decentralized data architectures and frontier technologies, tech companies face a complex and rapidly changing privacy landscape. The 2025 State of Privacy Management in Technology provides in-depth, data-driven insights into how leading technology firms are addressing today’s most pressing privacy, compliance, and AI challenges. Whether you’re a privacy leader, chief data officer, or AI product owner, this report serves as your roadmap for navigating compliance in an AI-driven economy—while positioning your organization as a leader in trust and accountability. AI adoption has gone mainstream , with 78% of companies using it—and 85% of technology firms using AI to support privacy operations. But with this growth comes risk. Technical complexity, regulatory fragmentation, and internal accountability gaps are putting even mature privacy programs to the test. Download the brief to explore: Why 75% of tech leaders say they must do more to improve privacy, despite ranking #1 on TrustArc’s Global Privacy Index Where privacy challenges are most intense , including managing data subject requests, strengthening internal programs, and addressing threats from within How firms are operationalizing privacy at scale , with 97% reporting dedicated privacy teams and a shift toward automated compliance software What distinguishes firms that have suffered AI-related consequences , such as biased decisions or reputational damage, and how they’re responding 85% of tech companies utilize AI to support privacy, but the complexity is rising rapidly. 75% believe they must do more to meet rising privacy and AI compliance expectations. Technology leads all sectors in terms of privacy maturity, but high risks and internal challenges remain. “The most pressing challenge is no longer simply complying with privacy regulations, but engineering and managing AI systems whose technical intricacies stretch beyond existing oversight models.” ==================================================================================================== URL: https://trustarc.com/resource/the-business-case-for-data-minimization/ TITLE: The Business Case for Data Minimization | TrustArc TYPE: resource --- Data hoarding is epidemic. The global pandemic triggered a second data gold rush, with enormous uptake of cloud computing’s ‘shovels and buckets’, as organizations scrambled to adapt to ‘digital first’ operations. Businesses were practically encouraged by to hoard all the data. But how much of it is worth something (if anything)? created, captured and consumed worldwide is exploding thanks to cloud technologies according to research firm Statista: 2017 – 26 zettabytes of data in the world (approximately 26 billion terabytes or 26 trillion gigabytes) 2021 – 79 ZB at the height of the pandemic, triple the growth in four years 2024 – 147 ZB, almost doubling in growth again in three years 2025 – close to 200 ZB (200 trillion GB) Researchers at Statista estimate most of the data made and consumed in the world isn’t stored long, with only a few percent of the total volume held over from one year to the next. Still, businesses are determinedly hoarding more data than they need and for much longer than is necessary: by 2025 half the world’s data is expected to be stored in cloud servers at some point in its journey (according to The 2020 Data Attack Surface Report from Arcserve and Cybersecurity Ventures). Consumers demand businesses cut cloud pollution The exponential growth of cloud computing is also causing devastating atmospheric and environmental pollution. Businesses might have shrunk some of their direct energy costs (and real estate footprints) by switching from on-premises servers to cloud servers, but their carbon footprint from powering computers and server room cooling systems hasn’t disappeared – it’s just out of sight. Yes, some larger cloud providers are now moving towards carbon-neutral services, but as data hoarding is an escalating trend, carbon-cutting efforts must rapidly scale up across the entire industry. On the Environmental Impacts of Computation and Data Storage , a peer-reviewed study by Steven Gonzalez Monserrate, published by MIT Schwarzman College of Computing on January 28, 2022, found: Cloud computing now has a larger carbon footprint than the airline industry The electricity used by data centers accounts for 0.3% of overall carbon emissions The electricity used by the world’s computing devices (data centers combined with networked devices such as laptops, smartphones and tablets) accounts for 2% of overall carbon emissions As heat is a waste product of computation, cloud servers must be constantly cooled to prevent ‘thermal runaway events’, which can cause system failures. Cooling systems account for more than 40% of electricity usage in most data centers Only 6-12% of energy use at data centers is devoted to active computational processes – the remainder is allocated to cooling and maintaining extensive chains of redundant fail-safes (redundant servers, power supplies) to prevent costly downtime A single data center can consume the equivalent electricity of 50,000 homes E-waste is also a huge problem: estimates by Greenpeace show only 16% of computing devices are recycled at end-of-use. As consumers become aware of the massive amounts of energy and other resources consumed to run cloud technologies, they’re demanding businesses adopt energy saving practices for data storage, including – or risk losing customers. ‘51% of consumers are especially concerned that data storage produces pollution when, on average, half of the data enterprises store is redundant, obsolete or trivial and another 35% is “dark” with unknown value,’reported Veritas in a March 2023 report titled: Consumer Sentiment on the Environmental Impact of Hoarding Unnecessary Enterprise Data The study also found ‘47% of consumers said they would stop buying from a company if they knew it was wilfully causing environmental damage by failing to control how much unnecessary or unwanted data it is storing’. Business challenges of hoarding too much data TrustArc has helped more than 1,500 companies globally establish and manage rigorous privacy programs designed to comply with the latest regulations. Trustworthy regulatory advice is essential, of course, along with astute guidance on technologies and methods for managing information governance. We’ve frequently found organizations are hoarding more data than they are aware of and need help discovering and consolidating it into more manageable and useful volumes. The principle of data minimization is simple: only keep data that is lawfully necessary and useful. Doing so can also improve return on investment in your data activities – and reduce their associated risks. Business impacts of hoarding personal data Collecting as much personal data as possible means more data to store and process than the business can feasibly extract value from in its lifetime. Wasteful computing costs – and diminishing returns on investments – associated with storing, managing, processing, and protecting unnecessary, useless/redundant data. Increased difficulty identifying which data is useful among ‘noisy’ data (meaningless and/or out-of-date data). Loss of productivity through time wasted filtering irrelevant and redundant data to extract useful insights, answer questions, and solve business problems. Extracting useful data insights The growing number and complexity of connected data systems can make it challenging for businesses to select ‘sources of truth’. Increased possibility of receiving contradictory or inconsistent signals, driving higher risks of errors in judgment on which data is ‘true’ can lead to poor business decisions that affect revenue, reputation, and customer relationships. Managing cybersecurity risks Storing any kind of valuable data (whether intellectual property and financial data owned by the business or personal data belonging to staff, customers, and partners) demands constant investment in protections against unauthorized and unlawful access, and criminal exploitation. Constant investments in updated protection and compliance are essential – and these costs expand as the volumes expand. Inadequate cybersecurity measures will certainly make a business an easy target for criminals looking for quick exploits. But businesses with apparently strong cybersecurity measures must never be complacent as the more valuable data available, the greater the incentive for criminals to scale up attacks on the business. Larger breaches mean larger penalties and other devastating costs to the business (financial, reputation, capacity to operate). Storing any kind of personal data adds to cybersecurity risks overall – and businesses must stay up-to-date with privacy regulation compliance requirements, particularly when operating in multiple jurisdictions. On top of increased cybersecurity protection costs, businesses with expanding hoards of personal information must continually invest in compliance systems, training, legal advice, processes, and policies. As inventories of consumers’ personal data (including categories of data stored, shared, or sold) expand they become increasingly complex to track and manage. Simply failing to accurately track what personal data is held makes it almost impossible to address consumers’ consent choices and requests to exercise their privacy rights (for example to access, correct, or delete personal information). And when non-compliance is reported or discovered through an inspection audit, penalties grow according to the number of people impacted. Business benefits of data minimization Streamlining data collection Focusing on collecting only necessary and relevant data will have positive flow-on effects throughout the lifespan of data stored by the business. Data minimization at the input stage helps a business address privacy law compliance requirements from the outset. Collecting less data up-front can help reduce the overall costs and efforts required for storage, analysis, processing, protection, and management. Streamlining data analysis Smaller data stores are simply easier to search, analyze, and extract value from. Reducing the ‘noise’ in a data store will make it easier to analyze it and extract insights – leading to improvements in customer service, revenue growth, and better returns on investment from data related activities and systems. Maintaining a data inventory Regularly inspecting why, how, and where data is stored will help a business make informed decisions about how to manage it. Knowing what data is held by the business will help identify opportunities to consolidate it and help reduce the storage costs. Accurate and up-to-date data inventories are necessary for managing privacy compliance. Well maintained inventories can also help businesses adapt more quickly to new privacy compliance requirements. Minimizing the volumes of valuable data stored helps reduce the severity of potential breaches. If the ‘prize’ (valuable data) is smaller, then the data store will likely be a less attractive target for cybercriminals. In the event of a breach, the less data stolen, generally means lower penalties and other financial losses. Honda’s $632,500 CCPA fine: A cautionary tale in data processing and minimization the California Privacy Protection Agency issued a $632,500 fine to American Honda Motor Co. for violating multiple provisions of the California Consumer Privacy Act (CCPA). At the heart of several violations was a common issue: collecting and processing more data than necessary, directly undermining the principle of data minimization. Excessive data collection for opt-out requests To submit a request to opt out of the sale of personal data or to limit the use of sensitive information, Honda required consumers to provide at least eight pieces of personal information. This included data such as name, address, phone number, and email—far beyond what was required under the CCPA. The law does not require businesses to verify identities for these types of requests. By setting this unnecessary bar, Honda created a barrier to consumer rights and spotlighted the risks of over-collecting personal data. Lack of purpose limitation with ad tech vendors Honda also shared consumer data with advertising technology companies without having contracts in place to restrict the purposes for which those vendors could use the data. These contracts are critical under the CCPA for defining permissible uses and for ensuring the downstream protection of consumer information. Without them, data processing becomes an open loop that’s vague in purpose and vulnerable to misuse. Designing for minimization and trust The enforcement settlement requires Honda to address these gaps by collecting only the minimum data necessary for fulfilling requests, updating systems to recognize Global Privacy Control (GPC) signals, and ensuring third parties are contractually bound to process data lawfully and narrowly. These measures reinforce the role of data minimization as a compliance anchor. When businesses collect more data than needed, or process data without a clear, lawful purpose, they open themselves up to regulatory risk. The Honda case underscores the operational and financial consequences of neglecting minimization principles. Keeping data processing lawful starts with asking: Do we really need this information? If the answer isn’t clear, it’s time to recalibrate. GDPR Compliance Solutions Set up and manage compliance effectively with TrustArc’s Data Mapping & Risk Manager Data Inventory & Risk Manager Reduce privacy risk with automated data flow mapping, risk analysis, and remediation for on-demand compliance reporting and audit trails. ==================================================================================================== URL: https://trustarc.com/resource/data-privacy-age-ai-whats-changing/ TITLE: AI and Data Privacy in the Age of AI: What’s Changing and How to Stay Ahead | TrustArc TYPE: resource --- Artificial intelligence is here to stay. However, as businesses accelerate AI adoption, privacy and compliance professionals find themselves in the middle of a high-stakes game where the rules are still being written. As artificial intelligence becomes more deeply embedded in business operations, the intersection of is now one of the most critical risk areas organizations must address. Much like the rise of social media in the 2000s, AI is transforming how organizations operate. It promises efficiency, automation, and unprecedented data insights, but it also brings legal uncertainty, privacy risks, and regulatory scrutiny. harness AI’s potential without sacrificing data privacy Welcome to the new frontier of AI governance. AI is reshaping industries at breakneck speed, from ChatGPT and Gemini to predictive algorithms and automated decision-making. But like any uncharted territory, this frontier is both promising and perilous. Just as early explorers needed maps and compasses, organizations must establish robust governance frameworks to safely navigate AI’s evolving landscape. This shift has intensified global discussions around , particularly as AI systems rely on vast data collection and sensitive personal data. In this article, we will explore: Key AI advancements and their privacy implications. Top AI trends and privacy challenges expected in 2026. AI governance and mitigate risks. Practical strategies to ensure compliance and build trust. This serves as a roadmap to AI privacy management in 2026 for privacy and compliance professionals. privacy management platform like TrustArc helps organizations track evolving AI regulations, assess AI-related privacy risks, and operationalize governance across global jurisdictions. The AI revolution: What’s changing in 2026? AI is no longer limited to generating text and images. It is now making high-stakes decisions in hiring, healthcare, law enforcement, and finance. Its impact rivals the emergence of the internet itself, but without strong governance, AI could become more of a Pandora’s box than a productivity tool. As AI adoption accelerates, organizations are facing increasing pressure to address AI and data privacy risks tied to automated systems and large-scale data processing. The evolution of AI in 2026 makes data privacy and AI inseparable, especially as AI systems influence civil rights, employment, and financial outcomes. This rapid expansion brings significant privacy risks, necessitating robust governance frameworks. Without proper safeguards, data privacy and security in AI becomes increasingly difficult to maintain as AI technologies scale. AI models can produce outputs that appear plausible but are incorrect, leading to potential reputational damage and compliance issues. For example, in 2023, a New York lawyer filed a legal brief citing non-existent cases fabricated by ChatGPT, resulting in professional consequences. AI hallucinations heighten AI and data privacy concerns when incorrect outputs reference personal data or sensitive information. This underscores the growing need for stronger data privacy and AI oversight in automated decision-making. The integration of AI has correlated with an increase in data privacy incidents. According to Gartner, 40% of organizations have reported AI-related breaches 46% of these breaches involve personally identifiable information ( global average data breach cost reaching $4.88 million in 2024. AI-driven data processing has amplified data privacy and security in AI risks, especially where personal data and biometric data are involved. Privacy breaches involving AI systems often expose organizations to regulatory penalties and loss of trust. Governments worldwide are tightening AI regulations, with landmark laws such as the coming into force​. These regulations explicitly target AI and data privacy risks tied to high-risk AI systems and automated decision-making. Companies are increasingly using third-party AI models, raising concerns about how vendors handle data and whether they use it to train AI without consent​. These risks necessitate AI governance strategies that align with privacy regulations while ensuring AI remains an asset rather than a liability. Third-party AI significantly increases AI and data privacy concerns, particularly around data sharing and training AI systems without explicit consent. AI and the “right to be forgotten” AI systems trained on personal data present challenges for data deletion rights under GDPR. Privacy professionals must determine how individuals can request AI systems to “forget” their data and whether AI-generated insights qualify as personal data. This is a growing challenge in data privacy and AI, where AI-generated insights may still qualify as personal data. AI privacy regulations to watch in 2026 The regulatory landscape for AI is evolving rapidly. New laws increasingly treat AI and data privacy as a combined compliance obligation rather than separate issues. Organizations must align AI development with evolving data privacy and security in AI requirements across jurisdictions. Below are some of the most impactful laws privacy professionals need to prepare for: EU AI Act (Effective 2025–2027) Bans AI systems posing “unacceptable risk,” such as social scoring and mass surveillance. High-risk AI requirements: Mandates transparency and risk assessments for high-risk AI applications, including HR recruitment and credit scoring. General-purpose AI compliance: Requires compliance for general-purpose AI models by August 2027. The EU AI Act reinforces the connection between AI and data privacy, especially for high-risk AI systems processing sensitive personal data. Colorado AI Act (Effective 2026) This legislation formalizes expectations around data privacy and AI governance, requiring transparency and accountability from AI deployers. State privacy regulations State-level enforcement continues to expand AI and data privacy concerns tied to profiling, targeted advertising, and automated decisions. Federal Trade Commission (FTC) oversight Active notification and consent: FTC has warned businesses that merely updating privacy policies is insufficient—organizations must actively notify and gain consent before using personal data for AI​. As regulatory enforcement is intensifying, businesses must proactively integrate AI governance into their privacy programs. But staying ahead of evolving AI regulations across jurisdictions isn’t just about reading headlines—it’s about having the right research engine under the hood . Explore how Nymity Research helps privacy teams monitor regulatory updates and compare global laws with confidence Operationalizing AI governance: How to deploy AI ethically and compliantly Businesses should integrate AI governance into their existing privacy frameworks to mitigate emerging AI privacy risks. Operationalizing AI and data privacy requires embedding governance controls directly into AI development, deployment, and monitoring processes. Strong data privacy and AI governance ensures innovation does not outpace compliance. The following steps are essential: 1. Implement AI Impact Risk Assessments (AIRA) AI Impact Risk Assessments (AIRA) are becoming a legal requirement under laws such as the Colorado AI Act. AIRAs are essential for identifying AI and data privacy concerns, including risks tied to training data, bias, and data minimization. They directly support data privacy and security in AI by documenting risk mitigation strategies. These assessments should evaluate: Bias risks in training data: Assess datasets for representativeness and potential biases. Potential privacy violations: Identify risks related to data misuse or unauthorized access. Transparency and explainability: Ensure AI decision-making processes are understandable and transparent. Align AI practices with applicable laws and regulations. To learn more about AI Impact Risk Assessments, explore AI Governance Behind the Scenes, Emerging Practices for AI Impact Assessments Aim to conduct ongoing AI risk assessments, not just one-time reviews. 2. Establish an AI risk committee Cross-functional oversight: Form a committee comprising privacy, legal, compliance, and data science experts. Define clear responsibilities for AI-related decisions. Continuously assess AI model performance, ethics, and compliance. 3. Manage third-party AI risk Third-party governance is critical to reducing data privacy and AI exposure across vendor ecosystems. Conduct thorough evaluations of third-party AI providers. Ensure contracts prevent vendors from using company data to train AI models without explicit consent. Include terms requiring vendors to disclose how AI models utilize personal data. 4. Prioritize transparency and consumer rights Transparency is a cornerstone of AI and data privacy, ensuring informed consent and trust. Inform consumers about AI-driven decisions, particularly in sensitive areas like hiring or lending. Adopt standardized disclosures detailing AI system functionalities and data usage. Comprehensive privacy policies: Update policies to include detailed explanations of AI usage in compliance with regulations such as , CCPA, and the EU AI Act. 5. Monitor and mitigate AI privacy risks Implement systems to detect bias, privacy violations, or inaccurate outputs. Establish protocols for human oversight of high-risk AI decisions. Continuous model updates: Regularly refine AI models to align with evolving regulatory requirements. Continuous monitoring helps organizations address evolving AI and data privacy concerns before they escalate. Turning AI risks into a competitive advantage AI is fundamentally reshaping industries, but its use comes with significant legal and ethical responsibilities. Organizations that proactively implement AI governance, conduct risk assessments, and prioritize transparency will gain a competitive advantage while maintaining trust with customers and regulators. AI regulations are tightening in 2026, with the EU AI Act and the Colorado AI Act leading the way. The top AI concerns are AI hallucinations, privacy breaches, and third-party risks. AI Impact Assessments (AIRA) are becoming essential for privacy professionals. AI and data privacy must be managed together through strong governance. Businesses must embed AI governance into their existing privacy frameworks. Transparency, consumer rights, and vendor risk management are critical for compliance. Organizations that prioritize responsible AI practices will mitigate risk and build consumer trust and regulatory confidence. AI privacy risks are manageable—but only if businesses take proactive steps now. FAQs About AI and Data Privacy What is AI and data privacy? AI and data privacy refers to how organizations collect, process, and protect personal data when using artificial intelligence technologies. As AI systems rely on vast amounts of training data, managing data privacy and AI together is essential to reduce privacy risks and maintain compliance. Why are data privacy and AI closely connected? Data privacy and AI are deeply connected because AI models often depend on personal data, sensitive information, and automated decision-making. Without strong data governance and privacy safeguards, AI technologies can increase the risk of privacy breaches and misuse of personal information. What are the biggest AI and data privacy concerns today? Key AI and data privacy concerns include unauthorized data collection, AI hallucinations involving personal data, privacy breaches, third-party AI risks, and lack of transparency in automated systems. These issues are especially critical in high-risk AI systems such as hiring, finance, and criminal justice. How does data privacy and security in AI affect compliance? Data privacy and security in AI directly impact compliance with laws like the GDPR, EU AI Act, and U.S. state privacy regulations. Organizations must implement robust security measures, data minimization practices, and transparency requirements to meet evolving legal expectations. What role does AI governance play in protecting data privacy? AI governance provides the structure needed to manage AI and data privacy through risk assessments, oversight committees, vendor management, and continuous monitoring. Strong governance ensures AI systems are developed and deployed responsibly while safeguarding personal data. How can organizations reduce AI and data privacy risks? Organizations can reduce AI and data privacy risks by limiting unnecessary data collection, protecting sensitive data, conducting AI impact risk assessments, managing third-party AI providers, and prioritizing transparency and informed consent throughout the AI lifecycle. Privacy and AI Governance, Connected Bring privacy, risk, and AI governance together on one unified platform. The TrustArc Platform helps teams centralize compliance, automate assessments, and stay ahead of fast-moving regulations without juggling disconnected tools. AI Governance, Built for What’s Next. Operationalize responsible AI with confidence. TrustArc’s AI Governance solution helps you assess risk, document compliance, and monitor AI systems as regulations like the EU AI Act and Colorado AI Act take shape. ==================================================================================================== URL: https://trustarc.com/resource/ai-regulations-ai-rules-privacy-rights-data-protection/ TITLE: AI Regulations: Prepare for More AI Rules on Privacy Rights, Data Protection, and Fairness | TrustArc TYPE: resource --- In December 2022, CEO Chris Babel and a panel of privacy industry experts discussed accelerated demand for strong regulation of artificial intelligence (AI) in 2023. At the time, privacy professionals were coming to terms with the risks presented by the massive data-gathering capabilities of new-generation AI chatbots like Open AI’s ChatGPT. As artificial intelligence and generative AI services rapidly entered mainstream business use, AI regulations became a critical concern for organizations navigating AI and data protection, responsible AI innovation, and compliance with emerging AI regulation laws. A few months later, the pace quickened. On March 14, 2023, Open AI released its next model, GPT-4 (also integrated as ‘Bing AI’ into Microsoft’s search engine), followed a week later by Google with the launch of its Bard AI chatbot on March 21, 2023. These developments intensified global attention on AI governance regulations, particularly around AI systems that rely on training data, automated decision making, and the processing of personal data. Our experts anticipated lawmakers would scramble in 2023 to address ethical and privacy concerns with AI-assisted search and other automated services. They were right. But even they couldn’t have predicted just how quickly advances in machine learning would widen the gap between how AI is used and how policymakers regulate it. Below is an overview of key AI-focused regulations and governance frameworks around the world. European Union (EU) AI Act EU Artificial Intelligence Act is the world’s first comprehensive legal framework on AI. Passed in the European Parliament on March 13, 2024, it positions the EU as a global standard-setter, much like the GDPR did for privacy in 2018. The EU AI Act represents one of the most influential AI regulations globally, directly shaping AI governance regulations, AI and data protection standards, and future AI regulation laws across industries. August 1, 2024 – Act enters into force. February 2, 2025 – Ban on prohibited AI systems takes effect. August 2, 2025 – General-purpose AI model requirements begin. August 2, 2026 – Most remaining rules take effect. Any organization offering a product or service in the EU that uses AI to make or contribute to decisions, recommendations, or predictions, or generate content. This broad scope reinforces the EU AI Act as a cornerstone of AI regulations affecting global AI developers, AI services, and AI applications involving personal or professional services. The EU AI Act is built around risk-based tiers: – a ban on all AI systems “considered a clear threat to the safety, livelihoods, and rights of people.” social scoring by governments, untargeted scraping of facial images, and toys with voice assistance that could encourage dangerous behavior. – strict obligations on AI systems that could cause risks to people’s health, wellbeing, life, or fundamental rights. These obligations include risk assessment and mitigation systems, transparency, logging of activity to ensure traceability, human oversight of risk, and high-level robustness, security, and accuracy and security of data and systems. CV-sorting software for recruitment, identifying people with biometrics, scoring exams, and applying credit scores. – control of AI systems with specific transparency obligations, such as ensuring users know they are interacting with a machine and can make an informed decision to continue or stop the interaction. customer service chatbots, generative AI tools for content creation. – free use of AI systems determined to be minimal-risk, which covers most AI systems used in the EU today. email spam filters and AI-enabled video games. human-centric design, accountability, transparency, and safety. Providers and deployers of high-risk AI must meet stringent documentation, testing, and oversight requirements. Importers and distributors must also verify compliance before placing AI systems on the EU market. High-risk AI systems under the EU AI Act must comply with rigorous AI governance regulations, data protection impact assessment requirements, and safeguards for automated decision making. Organizations operating in the EU should already be preparing for risk classification, conformity assessments, and documentation obligations. How mature is your AI risk management? UK Government AI regulation guidelines The UK has taken a lighter-touch, regulator-led approach. In March 2023, the Department for Science, Innovation, and Technology and the Office for Artificial Intelligence released a white paper on AI regulation invited consultation through June 2023 , with sector regulators tasked to implement guidance rather than a single binding law. Unlike the EU’s prescriptive AI Act, the UK approach emphasizes flexible AI governance regulations aligned with existing data protection laws and sector-specific oversight. Regulators were given 12 months to create guidelines and tools for AI oversight, with the option for Parliament to introduce umbrella legislation after April 2024 if necessary. Any organization developing or using AI in the UK. Oversight is handled by existing sector-specific regulators, such as the Health and Safety Executive, Equality and Human Rights Commission, and Competition and Markets Authority. The UK government expects regulators to balance innovation with enforcement of five guiding principles: Safety, security, and robustness Transparency and explainability Fairness (including compliance with the Equality Act and Accountability and governance Contestability and redress While the EU has enacted binding regulation and the U.S. has shifted to an infrastructure-heavy action plan, the UK’s flexible, principle-based approach could prove more adaptable but also risks fragmentation across industries. This approach seeks to balance AI innovation with AI and data protection, though it raises questions about consistency across AI systems and state-level enforcement. The United States has dramatically shifted its approach. The non-binding 2022 Blueprint for an AI Bill of Rights has effectively been superseded: in January 2025, revoked prior Biden-era AI directives (including EO 14110) and directed the development of a new national strategy. On July 23, 2025, the White House released America’s AI Action Plan, also referred to as Winning the AI Race Rather than comprehensive AI regulation law, the U.S. approach emphasizes infrastructure, national competitiveness, and federal government leadership in AI innovation. The plan outlines more than 90 federal policy actions under three pillars: – removing federal regulatory barriers, fast-tracking private sector adoption, and encouraging industry-driven standards. Building American AI infrastructure – expediting permits for semiconductor fabs and data centers, investing in workforce development (e.g., electricians, HVAC technicians, chip specialists). – exporting U.S. AI “full-stack packages” (hardware, models, applications, and standards) to allied nations, reinforcing U.S. global dominance. This strategy deprioritizes broad AI governance regulations in favor of existing federal regulations, raising complexity for organizations managing AI regulations across regions. Prioritizing free speech and ideological neutrality in frontier AI models used by government contractors. Establishing AI as a cornerstone of American military, economic, and diplomatic power. Reducing regulatory burdens to accelerate deployment of AI technologies. The divergence between U.S., EU, and UK AI regulations underscores the challenge of global AI governance and AI and data protection compliance. Where the EU AI Act centers on fairness, rights, and accountability, the U.S. plan emphasizes speed, infrastructure, and strategic dominance. For global companies, this divergence underscores the complexity of navigating competing regulatory priorities. In just two years, predictions of fragmented AI oversight have become reality. The EU AI Act now sets the global benchmark for rights-based AI governance. The U.S. AI Action Plan prioritizes infrastructure and geopolitical competitiveness. The UK continues to rely on a regulator-led, principle-based approach. For privacy and compliance leaders, the message is clear: AI regulation is no longer theoretical. Organizations must assess their AI risk management maturity, adapt to regional divergences, and prepare for ongoing updates as lawmakers race to keep up with innovation. privacy management platform like TrustArc helps organizations monitor evolving AI regulations, align AI governance regulations with data protection obligations, and manage AI and data protection risks across jurisdictions. AI regulations are laws and governance frameworks that govern the use of artificial intelligence, addressing AI and data protection, fairness, transparency, and accountability. Why are AI governance regulations important? AI governance regulations ensure AI systems operate responsibly, protect personal data, and reduce risks from high-risk AI systems and automated decision making. How does the EU AI Act affect organizations outside Europe? The EU AI Act applies to any organization offering AI services in the EU, making it a global driver of AI regulation law and AI governance standards. How do AI regulations differ between the EU, UK, and US? The EU focuses on rights-based AI governance, the UK emphasizes principles, and the U.S. prioritizes innovation and infrastructure over comprehensive AI regulation. How can organizations prepare for future AI regulation? Organizations should implement AI governance programs, conduct risk assessments, monitor AI regulations globally, and align AI development with data protection laws. One Platform. Total Privacy Control. Unify privacy, governance, and risk management in a single platform to scale compliance across regions and regulations without added complexity. AI Governance, Built for Reality. Assess AI risk, document accountability, and align with evolving laws and ethical expectations without slowing innovation. ==================================================================================================== URL: https://trustarc.com/resource/risk-management-brief-ethics-privacy-risks-ai/ TITLE: AI and Privacy Risks in Artificial Intelligence: Ethics and Governance | TrustArc TYPE: resource --- Artificial intelligence (AI) has emerged as a mainstream trend over many years. And when AI-powered tools crossed over from sci-fi stories into mainstream consciousness a decade ago, consumer and business technology users alike were generally enthusiastic. As artificial intelligence adoption accelerated, organizations began collecting vast amounts of data, increasing exposure to AI and privacy risks tied to data collection, machine learning, and automated systems. Despite all their quirks, virtual assistants such as Amazon’s Alexa, Apple’s Siri, and Google Assistant are considered useful ‘helpers’. These AI-driven technologies generally aren’t considered menacing threats, not by mainstream users, at least. However, the widespread use of AI technologies has amplified AI security and privacy risks, particularly as AI systems process sensitive data and personal information at scale. But consumers are becoming more aware of – and increasingly vocal about – the pernicious use of AI behind the scenes to influence, direct or impact their interactions with businesses. This shift has intensified scrutiny around AI and privacy risks, AI ethics, and responsible AI development, especially as ubiquitous data collection becomes embedded in everyday digital experiences. The European Union (EU) Commission’s regulatory framework proposal on AI acknowledges “certain AI systems create risks we must address to avoid undesirable outcomes” and states: “The regulation ensures Europeans can trust what AI has to offer.” Similarly, a press release accompanying the United Kingdom’s (UK) AI Regulation declared: “As AI continues developing rapidly, questions have been raised about the future risks it could pose to people’s privacy, their human rights or their safety.” in the US was highlighted in an article published October 22, 2021, by the White House Office of Science and Technology director Dr. Eric Lander and deputy director Dr. Alondra Nelson: “In the United States, some of the failings of AI may be unintentional, but they are serious, and they disproportionately affect already marginalized individuals and communities.” As AI adoption continues to accelerate, organizations are facing a growing concentration of AI and privacy risks driven by automated systems, ubiquitous data collection, and the increasing use of machine learning algorithms. These risks extend beyond technical failures to include AI security and privacy risks such as data breaches, identity theft, misuse of sensitive data, and unintended bias in automated decision making. Addressing these challenges requires a structured approach to AI risk management that integrates data protection, ethical considerations, and governance into every stage of AI development and deployment. Major AI and privacy risks identified The top risks identified by businesses when AI intersects with privacy concerns were highlighted in the Privacy and AI Governance Report available to members of the International Association of Privacy Professionals (IAPP), a global information privacy community headquartered in New Hampshire (note: download requires subscription), The report highlights growing AI and privacy risks, underscoring the need for stronger AI risk management and ethical governance as AI systems increasingly handle personal data and sensitive information. – bias in AI resulting in harm to individuals and/or violation of their privacy rights, such as discriminatory decisions about housing, finance, education, and insurance – lack of clear strategies to manage and mitigate risks from processing personal data in AI systems, or weak application of privacy principles, such as data minimization and specified purposes for collecting and managing personal information – businesses are struggling to keep up with the changing regulatory environment and can’t be sure they are implementing the right methods and rules to satisfy due diligence obligations in multiple jurisdictions. Many of the most significant AI and privacy risks stem from how AI systems are trained and deployed using vast amounts of input data. Training AI systems often requires access to personal data, sensitive information, biometric data, and existing datasets that were not originally collected for AI use. Without strong data minimization practices and governance controls, these practices increase AI security and privacy risks, expose organizations to regulatory scrutiny, and raise serious AI ethics concerns, particularly when AI models are used in high-risk AI systems affecting housing, employment, healthcare, or access to services. The report also identifies several related risks, including: Lack of skills and resources in organizations to tackle new AI and privacy challenges, regulations, and governance Failure to apply privacy best practices, which may result in data systems used to train AI systems, including non-consensual use of personal data or secondary uses of data Security risks posed by AI systems on a connected network including insider threats, model exploitation, and data breaches. IAPP’s Privacy and AI Governance Report recommends businesses stay on the right side of consumers – and any existing or upcoming AI regulations – by adopting key principles shared among recently published AI governance guidelines and proposed AI regulations in the EU, UK, and US. Collectively, these issues represent significant AI and privacy risks that can lead to identity theft, serious privacy breaches, and loss of trust. The Report notes there is consensus across many jurisdictions on the following AI governance principles: Effective AI risk management depends on embedding these governance principles into operational processes, not treating them as abstract guidelines. Organizations must assess how AI systems collect, process, and retain personal data, evaluate privacy risks across automated systems, and ensure ongoing oversight of AI models throughout their lifecycle. Without this operational focus, AI and privacy risks can escalate quickly, resulting in data breaches, regulatory enforcement, reputational damage, and erosion of public trust. Strong governance frameworks help align AI security and privacy risks with ethical standards and existing data protection laws. How mature is your AI risk management? AI experts call out privacy and human rights risks Privacy and ethics experts have certainly warned about the ethical issues of unshackled AI innovation for many years – though few people expected 2023 to be the year AI experts would call time (or at least, time out). As generative AI models advanced rapidly, concerns around AI and privacy risks, AI ethics, and human rights intensified among researchers and regulatory bodies. On March 22, 2023, just a week after OpenAI released GPT-4, a major update on its popular ChatGPT chatbot, hundreds of AI experts were joined by tens of thousands of people signing an calling for a pause on giant AI experiments. The letter highlights severe AI security and privacy risks, including unintended consequences of autonomous AI systems and misuse of sensitive data. Published by the Future of Life Institute, the letter calls on “all AI labs to immediately pause for at least six months the training of AI systems more powerful than GPT-4.” It warns that “AI systems with human-competitive intelligence pose profound risks to society and humanity.” The risks posed by AI achieving “smarter-than-human intelligence” are so extreme, according to Eliezer Yudkowsky, lead researcher at the Machine Intelligence Research Institute, that Pausing AI Developments Isn’t Enough. We Need to Shut it All Down. These warnings underscore why organizations must prioritize AI risk management and ethical standards when deploying AI technologies. He claimed nightmare scenarios of AI going rogue and causing loss of human life are now technically possible. “Without that precision and preparation, the most likely outcome is AI that does not do what we want and does not care for us nor for sentient life in general.” Given the hype cycle for AI has visibly swung to fear among some AI experts and consumers, organizations are being urged by consumers and rule makers to adopt safer and fairer practices for developing and using AI immediately – ahead of future legislative requirements. Addressing AI and privacy risks proactively helps organizations maintain trust, protect personal data, and align AI development with human-centered artificial intelligence principles. privacy management platform like TrustArc helps organizations assess AI and privacy risks, support AI risk management programs, and align AI governance with evolving data protection laws. To manage escalating AI and privacy risks, organizations are increasingly adopting structured approaches that combine policy, technology, and oversight. This includes conducting regular risk assessments, documenting AI use cases, monitoring AI systems for unintended consequences, and aligning AI governance with data protection and security requirements. These practices are essential for mitigating AI security and privacy risks while enabling responsible AI innovation and compliance with emerging regulatory expectations. FAQs: AI and Privacy Risks What are AI and privacy risks? AI and privacy risks refer to threats arising when artificial intelligence systems collect, process, or infer personal data, including data breaches, bias, and misuse of sensitive information. Why is AI risk management important? AI risk management helps organizations identify, assess, and mitigate AI security and privacy risks before they cause harm to individuals or violate data protection laws. How do AI ethics relate to privacy risks? AI ethics addresses fairness, transparency, and accountability, which are essential to reducing AI and privacy risks and preventing unintended consequences. What types of AI systems pose the highest privacy risks? High-risk AI systems include facial recognition, predictive analytics, automated decision-making, and generative AI models trained on vast amounts of personal data. How can organizations reduce AI and privacy risks? Organizations can reduce AI and privacy risks by implementing strong governance, minimizing data collection, conducting risk assessments, and using privacy-enhancing technologies. Comprehensive Compliance. Uncompromised Trust. Unify your entire privacy program in one powerful operating system. From automated assessments to dynamic data mapping, gain the visibility and control you need to manage risk and build lasting customer trust. Innovate Fearlessly. Govern Responsibly. Deploy AI with confidence by embedding privacy and ethics into every stage of the lifecycle. Identify risks, manage policies, and ensure your AI systems are transparent, fair, and compliant with emerging global regulations. ==================================================================================================== URL: https://trustarc.com/resource/webinar-unpacking-indias-dpdp-act-what-you-should-know/ TITLE: Unpacking India’s DPDP Act: What You Should Know TYPE: resource --- Unpacking India’s DPDP Act: What You Should Know enforcing the India Digital Personal Data Protection (DPDP) Act in March 2026 , organizations operating in India face critical months ahead. This webinar offers an essential briefing to help privacy, compliance, and legal teams understand what must be in place before enforcement begins. In this session, experts from Future of Privacy Forum – India will break down the DPDP Act’s practical requirements, the operational challenges companies should anticipate, and the implications for global data flows. You will gain clarity on what the law demands, how it differs from other global frameworks, and where organizations must focus their efforts in the coming weeks to be enforcement-ready. The DPDP Act provisions most relevant to organizations preparing for March 2026 Key operational steps to prioritize in early 2026 Overlaps and differences with GDPR and other global privacy laws Expert-level guidance to reduce compliance risk and avoid last-minute gaps Join us to gain the insights and direction you need to finalize your DPDP Act readiness—reserve your spot now. This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Policy Analyst for Global Privacy, Future of Privacy Forum – India ==================================================================================================== URL: https://trustarc.com/resource/ai-governance-practice-privacy-hero-starter-kit/ TITLE: AI Governance Starter Kit: Templates, Checklists & Policies | TrustArc TYPE: resource --- Put AI Governance into Practice: Privacy Hero Starter Kit Artificial Intelligence is transforming business at lightning speed, but policy and governance often lag behind. For privacy professionals, the challenge isn’t just understanding AI risk; it’s operationalizing the controls to manage it. Put AI Governance into Practice: Privacy Hero Starter Kit moves you from theory to action. This comprehensive resource bundle provides the essential frameworks you need to govern AI usage, manage third-party risks, and ensure regulatory compliance without slowing down innovation. Whether you are drafting your first AI policy or auditing complex algorithms against the EU AI Act and NIST AI RMF, this toolkit gives you the “download and deploy” resources to build a trustworthy AI program immediately. Inside, you will find four critical tools: an Acceptable Use Policy to set boundaries for employee AI usage, a Responsible AI Checklist to operationalize ethics by design, an AI Privacy Notice template to ensure transparency, and a comprehensive AI Risk Assessment mapped to global regulations. Establish clear boundaries: Deploy a pre-written Acceptable Use Policy that specifically addresses Generative AI risks. Operationalize “ethics by design”: Utilize a granular Responsible AI Checklist that guides your team through every stage of the lifecycle. Implement a structured AI Risk Assessment framework that maps directly to the NIST AI RMF and EU AI Act. ==================================================================================================== URL: https://trustarc.com/resource/webinar-from-zero-to-privacy-hero-launching-your-program-right-and-staying-organized/ TITLE: From Zero to Privacy Hero: Launching Your Program Right and Staying Organized TYPE: resource --- From Zero to Privacy Hero: Launching Your Program Right and Staying Organized Join us for a special event designed to help organizations launch a robust new program or strengthen their existing one, taking their privacy efforts from concept to execution with confidence. In this exclusive session, privacy experts will share clear, actionable guidance to build a strong data privacy foundation and maintain long-term organizational readiness for ongoing compliance. Launching a privacy program can feel overwhelming, especially when teams must balance regulatory expectations, operational constraints, and evolving risk. This webinar breaks down the essential steps needed to start right, stay organized, and demonstrate continuous privacy compliance—whether you’re creating a new program or strengthening an existing one. for launching a structured, sustainable privacy program from day one. Practical organization strategies to keep tasks, reporting, and documentation aligned with regulatory needs. to streamline workflows and reduce operational burden. Opportunities to increase program maturity through smarter governance and ongoing optimization. Leave with a clear roadmap and the expert insights you need to move from This webinar is eligible for 1 CPE credit. Senior Privacy Consultant, TrustArc CIPP/E, CIPM, Senior Data Privacy Manager, Higher Logic ==================================================================================================== URL: https://trustarc.com/resource/webinar-from-trends-to-action-fitting-ai-governance-into-privacy-ops/ TITLE: From Trends to Action: Fitting AI Governance into Privacy Ops TYPE: resource --- From Trends to Action: Fitting AI Governance into Privacy Ops As AI adoption accelerates across every industry, privacy, legal, and marketing teams face growing pressure to understand emerging technologies and the risks they introduce. This webinar sets the stage by clarifying the latest AI trends shaping the regulatory landscape and the operational implications for organizations seeking to innovate responsibly. In this session, our experts will break down the evolving world of AI governance—what it means in practice, why it matters now, and how to fit AI governance into privacy operations to ensure scalable, compliant, and efficient processes. You’ll gain a clear view of the challenges ahead, from algorithmic transparency to data lifecycle management, and understand how forward-thinking practitioners are preparing their organizations. How key AI trends are reshaping risk, compliance, and data governance expectations A deep dive into agentic AI: what the technology is, what risks are associated with it, and how companies can manage these concerns. Practical steps to integrate AI governance into existing Privacy Ops workflows Emerging tools and methods to evaluate and manage AI-related risks Insights from seasoned AI and privacy professionals on operationalizing governance at scale Join us to strengthen your expertise, stay ahead of accelerating regulatory change, and gain actionable strategies you can apply immediately. This webinar is eligible for 1 CPE credit. Privacy Knowledge Principal, TrustArc Global Privacy Manager, TrustArc Senior Counsel for Artificial Intelligence, Future of Privacy Forum ==================================================================================================== URL: https://trustarc.com/resource/ai-training-transparency-trust-research-report/ TITLE: Research Report: AI Transparency & Consumer Trust Gaps TYPE: resource --- Survey Series: AI Training, Transparency, and Trust Organizations are moving quickly to govern how AI is trained and disclosed, but are consumer expectations keeping pace with enterprise confidence? In this second installment of TrustArc’s survey research series, we compare fresh data from professionals and consumers across North America and Europe. While privacy and security teams report high levels of confidence in their safety controls and bias mitigation, the public remains skeptical. Download this report to explore the “Trust Gap” and discover why transparency is a commercial differentiator, not a compliance checklist. From the divergence between US operational readiness and European policy focus to the impact of plain-language disclosures on brand loyalty, this report provides the benchmarks you need to align your AI governance with market reality. While 72% of professionals are confident in their ability to prevent data misuse, over 40% of consumers remain extremely or very concerned about unconsented AI training. Transparency as a Growth Lever: Over half (53%) of consumers indicate they are more likely to use a company’s services when data use is disclosed in plain language, proving that clear consent pathways drive business value. New data reveals a split between “operations-first” US organizations, which lead in readiness and documentation, versus “policy-first” European stakeholders who emphasize regulation but lag in visible choice mechanisms. “53% of consumers indicate they are more likely to use a company’s services when the disclosure explains, in plain language, how personal data is used to train AI.” ==================================================================================================== URL: https://trustarc.com/resource/webinar-what-regulators-expect-from-your-privacy-rights-requests/ TITLE: What Regulators Expect from Your Privacy Rights Requests TYPE: resource --- What Regulators Expect from Your Privacy Rights Requests Privacy rights requests are increasing in volume, complexity, and regulatory scrutiny. Today, companies must not only identify but also locate and extract personal data across vast, siloed, and often unstructured systems to comply with the demands of a rapidly evolving and fragmented legal landscape. For privacy and data protection professionals, managing these requests efficiently while staying compliant across jurisdictions has become a critical challenge. This webinar brings together privacy experts to share practical insights, real-world experience, and proven approaches to handling privacy rights requests with confidence. In this session, we will explore how to operationalize privacy rights request management in today’s evolving regulatory landscape. From intake and verification to fulfillment and reporting, the webinar will address common pain points and highlight key practices for reducing risk, improving response times, and scaling operations without overwhelming privacy teams. Essential regulatory expectations and enforcement trends related to privacy rights requests Key practices for managing requests efficiently across global regulations Practical strategies to reduce operational risk and manual effort gain actionable insights, practical tools, and expert guidance that will help you strengthen your privacy rights request program and demonstrate compliance with confidence. This webinar is eligible for 1 CPE credit. Global Privacy Manager, TrustArc VP, Knowledge & Global DPO, TrustArc Privacy Knowledge Lead, Law Library, TrustArc ==================================================================================================== URL: https://trustarc.com/resource/guide-india-digital-personal-data-protection-act-dpdpa/ TITLE: India’s DPDPA Guide: Compliance & Rules TYPE: resource --- Guide to India’s Digital Personal Data Protection Act (DPDPA) India’s privacy landscape has fundamentally shifted. With the notification of the Digital Personal Data Protection Rules 2025, the DPDPA is now moving from legislation to active implementation. This creates an urgent mandate for global organizations to integrate specific privacy controls into their business operations or face penalties reaching up to INR 2.5 billion (approx. US$30 million). This comprehensive ebook demystifies the unique challenges of the DPDPA, which differs significantly from the GDPR and CCPA. From the “negative list” approach to cross-border transfers to the strict absence of “legitimate interest” as a lawful basis, this guide provides the roadmap you need. Whether you are navigating AI model training constraints, managing “Significant Data Fiduciary” obligations, or redesigning consent flows, this resource offers the regulatory intelligence required to secure your data and protect your brand. The Move to a Consent-Centric Regime: Understand why the DPDPA rejects “legitimate interest” and requires “free, specific, informed, unconditional and unambiguous” consent for almost all processing, including strict protocols for withdrawal. Impact on AI and Innovation: Learn how the Act affects AI development, specifically regarding scraped public data exemptions and the constraints on training models using non-consented personal data. Breach Notification & Security: Get clarity on the rigorous two-stage breach reporting process that lacks a materiality threshold, requiring immediate notification to both the Data Protection Board and affected individuals. “Stakeholders are advised to start preparing now; the law promises robust penalties (up to INR 500 million – 2.5 billion, approx. US$6-30 million) for noncompliance and represents an urgent mandate to integrate privacy into business operations.” ==================================================================================================== URL: https://trustarc.com/resource/state-of-privacy-management-retail-industry-brief/ TITLE: 2025 Retail Privacy Trends | TrustArc TYPE: resource --- State of Privacy Management in Retail Stay Ahead of Privacy Risks in Retail — 2025 Insights Inside In 2025, the retail sector is being reshaped by a privacy environment defined by omnichannel data collection, aggressive personalization, and increasingly borderless enforcement. From websites and apps to marketplaces, retail media networks, and in-store experiences, retailers are expected to deliver seamless consent, transparency, and control over preferences. At the same time, regulators tighten oversight of cookies, targeted ads, dark patterns, biometrics, and cross-border data sharing. The result: privacy is no longer a back-office compliance task, but a frontline driver of brand trust and customer loyalty. The 2025 State of Privacy Management for the Retail Industry Brief delivers exclusive insights from retail executives, managers, and employees worldwide, drawn from TrustArc’s Global Privacy Benchmarks Survey. This in-depth benchmarking report shows where retail organizations are leading—and lagging—in privacy maturity, board oversight, privacy-by-design, AI governance, and the automation of data subject rights. Retail is facing a fast-tightening, omnichannel privacy reality. Download this report to uncover: Omnichannel compliance is now mandatory, not optional: Universal opt-outs, dark-pattern and “consent-or-pay” crackdowns, DSA marketplace rules, and biometric scrutiny mean retailers must honor consent and transparency across every touchpoint, digital and in-store. Retail lags global privacy maturity, especially in governance: Retail ranks 12th of 17 sectors on the TrustArc Global Privacy Index (54% vs. 61% global average), with the biggest gaps in board oversight, privacy-by-design, champions networks, and accountability. AI and automation are the make-or-break advantage: Retailers cite AI technical complexity and rapid tech change as top challenges, yet only 58% use AI for privacy management. Closing this gap through automation and stronger governance is key to scaling trust and personalization responsibly. “The most pressing challenge is no longer simply complying with privacy regulations, but engineering and managing AI systems whose technical intricacies stretch beyond existing oversight models.” ==================================================================================================== URL: https://trustarc.com/resource/webinar-what-is-next-for-your-privacy-program-how-leading-teams-run-and-prove-roi-from-privacy-operations/ TITLE: What’s Next for Your Privacy Program: How Leading Teams Run & Prove ROI from Privacy Operations TYPE: resource --- What’s Next for Your Privacy Program: How Leading Teams Run and Prove ROI from Privacy Operations for an in-depth exploration of the research findings that are redefining Privacy ROI. The era where simply deploying basic controls was enough is over. Our findings confirm that most fundamental controls have reached technological parity. Today, true value (ROI) and competitive advantage come from Regulatory Intelligence synced with AI and Innovation Enablement. This exclusive webinar is designed for privacy professionals (DPOs, CPOs) looking to shift from basic compliance execution to Strategic Leadership focused on measurable business value. Discover how automation and program orchestration transform privacy teams into genuine drivers of trust and growth. We won’t just review controls; we will provide the blueprint to: (Measurable Value): Learn how to quantify the positive impact of your privacy program on the business, transitioning from a cost center to a value center. Embrace Regulatory Intelligence : Discover how to synchronize global regulatory changes with your AI and innovation initiatives to stay agile and proactive. Orchestrate Your Privacy Program : See how leaders are using AI and TrustArc solutions for end-to-end automation, delivering strategic insights, not just compliance reports. : Understand the pivotal role of next-gen privacy technology in governing AI and safely enabling innovation. Don’t miss this opportunity to gain the strategic vision required to transform your privacy program into a core business asset and advance your career from operations to leadership. Register today! VP, Knowledge & Global DPO, TrustArc Co-Founder and Principal, Golfdale Consulting ==================================================================================================== URL: https://trustarc.com/resource/trustarc-roi-report-infographic/ TITLE: TrustArc Privacy ROI: Turn Compliance Into Value | TrustArc TYPE: resource --- The TrustArc ROI Report: Quantifying the Value of Privacy Performance Is your privacy program a cost center or a value engine? In 2024 alone, regulators issued fines totaling €1.2 billion under the GDPR. But for modern privacy leaders, the fear of fines is no longer the only driver. It’s about the cost of inefficiency. If your team is buried in spreadsheets, email chains, and manual assessments, you aren’t just risking compliance; you are draining resources. A single breach settlement today can cost between $4.75 million and $6 million —an amount equal to 25–33 years of enterprise privacy platform costs. It is time to change the narrative. Download the TrustArc ROI Report Infographic to visualize how the world’s most effective privacy programs are turning compliance into a competitive advantage. Inside this infographic, you will discover: The 7 drivers of privacy ROI: A visual breakdown of the core operational responsibilities that drive business value, from vendor oversight to transparency management. See how purpose-built technology collapses 1 full day of legal research into just 10 minutes; a 96% reduction in time. Real-world efficiency gains: Learn how automated workflows can drop vendor assessment efforts from 6–8 hours down to just 1–2 hours per vendor. Explore the data behind why automated DSR fulfillment saves approximately $100,000 annually for every 100 requests handled. Get the visual guide to justifying your privacy investment. ==================================================================================================== URL: https://trustarc.com/resource/trustarc-roi-modern-privacy-management/ TITLE: Privacy ROI: Turning Compliance Into Value TYPE: resource --- For years, privacy leaders have been the guardians at the gate. You stopped the bad things from happening. You were the brakes on the car; necessary, but often seen as slowing down the business. Today, the most successful privacy leaders aren’t just “doing compliance.” They are reshaping business strategy. They are shifting the conversation from “Are we compliant?” to “Are we ready?”, ensuring they are ready for new markets, ready for AI, and ready to monetize trust. But to make that shift, you need more than just good intentions. You need a business case that speaks the CFO’s language. You need to prove that privacy isn’t a cost center. This article explains exactly how to quantify that value, identify the hidden costs of manual operations that are bleeding your budget, and how TrustArc delivers a return on investment (ROI) that goes beyond simple efficiency to drive strategic growth. What “ROI” really means in a modern privacy program When a CFO asks about the ROI of privacy software, they are usually thinking about avoiding fines. And while avoiding a €530 million penalty is certainly a “return,” relying on fear is a fragile strategy. If the fine doesn’t happen, the value becomes invisible. , ROI is tangible, daily, and additive. It is measured in three distinct currencies: : How much faster can the business launch products because privacy reviews took hours instead of weeks? : Can you enter a new market in days because you already know the regulatory landscape? : Do customers choose you over competitors because your transparency is a visible differentiator? Real ROI means moving from “surviving an audit” to “optimizing the business.” It means your privacy program is no longer a tax on innovation, but a catalyst for it. The hidden cost of manual privacy operations: Efficiency, risk, and compliance impact Relying on spreadsheets, email chains, and shared drives for privacy management creates a financial hemorrhage that goes far beyond simple inefficiency. The “hidden factory” of manual privacy operations is where budget goes to die. Consider the labor drain of a manual process: sending emails, chasing vendors for responses, manually reviewing attachments, and mapping data flows in Excel. Manual DSR fulfillment often consumes ~16 hours of highly paid legal and IT time per request. Every hour your senior privacy counsel spends copying and pasting data into a ROPA is an hour they aren’t spending on AI governance or strategic product counseling. The “zero expenditure” fallacy: Some organizations believe they save money by not buying software. In reality, they are paying “zero” because the work simply isn’t getting done. This leaves the organization exposed to massive regulatory risk, which is a debt that eventually comes due with interest. Where privacy automation delivers the strongest ROI Automation is the difference between a privacy program that scales and one that collapses under its own weight. The reveals that automation delivers triple-digit efficiency gains in four critical areas: High-risk processing & assessments: Assessment fatigue is real. By moving from spreadsheets to structured workflows, organizations report 80–90% reductions in time spent generating risk reports. TrustArc customers specifically noted that automated ROPA generation and standardized intake forms allowed them to increase assessment volume without adding headcount. Vendor oversight at scale : Vendor management is often the most resource-intensive operational requirement. Automated workflows can reduce assessment cycle times by 93%, turning a multi-week email tag into a same-day completion. Individual rights fulfillment : This is the “low-hanging fruit” of privacy ROI. Automating Data Subject Requests (DSRs) reduces cycle time by 85–90%. It transforms a chaotic fire drill into a quiet, predictable background process. Regulatory change monitoring : Trying to track 130+ global privacy laws manually is like trying to drink from a firehose. With automated intelligence like Nymity Research, legal teams can reduce regulatory research time by 96%, turning a full day of research into 10 minutes of clarity. Quantifying the value of privacy management software To build your business case, you need hard numbers. Based on verified customer data and market comparisons, here is what the math looks like for a typical enterprise: ~$1,000 saved per request $300–$600/hr for outside counsel $20k–$50k avoided annually When you aggregate these savings, the payback period for privacy software is often less than six months. Privacy risk management ROI and cost avoidance ROI isn’t just about saving time; it’s about saving the company. The cost of a single data breach settlement typically ranges from $4.75 million to , with larger cases reaching . To put that in perspective, a $5 million settlement costs the same as of enterprise privacy platform licensing. Investing in privacy software is arguably the most cost-effective way for an organization to protect against financial risks. It reduces the likelihood of “intentional violation” penalties (which are rising) and provides the “audit defensibility” that regulators demand. Replacing chaotic binders of screenshots with a 15-page consolidated audit report demonstrates a level of operational maturity that commands credibility. And that credibility can be the difference between a warning and a fine. From efficiency to advantage: When privacy governance ROI drives growth Here is where the conversation shifts from the back office to the boardroom. A Faster procurement cycles : Sales teams often get stuck in “security review” purgatory. When you have a transparent Trust Center and standardized compliance evidence, you can answer customer questionnaires instantly. This shortens sales cycles and reduces friction. : Trust leaders are 1.6x more likely to achieve revenue growth. Customers, especially in B2B, are spending 50% more with trusted brands. : You cannot build responsible AI on a foundation of messy data. Privacy maturity is the prerequisite for AI adoption. Organizations with strong governance can adopt AI tools faster because they already know where their data is and how it is protected. Privacy isn’t a hurdle to business growth; it is the guardrail that allows the business to drive faster. Why TrustArc delivers differentiated privacy management ROI The privacy software market has commoditized in some areas. Basic are now “table stakes”. However, TrustArc differentiates itself in the high-value strategic capabilities that drive long-term ROI. Deep regulatory intelligence (Nymity Research) : While other platforms offer basic alerts, TrustArc integrates deep legal analysis directly into workflows. This replaces tens of thousands of dollars in outside counsel fees. Strategic future-proofing : TrustArc is a first-mover in AI governance and certification support. While competitors view these as “aspirational,” TrustArc customers are already operationalizing them. : TrustArc doesn’t just solve point problems; it connects them. A vendor assessment in TrustArc automatically updates your data inventory and risk profile. This interconnectedness creates a “flywheel of compliance” where every action strengthens the whole program. TrustArc turns “compliance” into a strategic capability, moving you from a reactive posture to a proactive state of How to build a defensible business case for privacy ROI . Now you need to sell it. When presenting to your CFO or Board, avoid “scare tactics” and focus on “business health.” Dollarize the efficiency Gains Do not say “It saves time.” Say “It saves 3,000 hours of legal time $225,000 in operational capacity that we can redeploy to high-value product counseling”. Highlight “cost avoidance” as “risk cap” : Show that the cost of the software is a fraction of the cost of a single DSR spike or a minor vendor breach. Frame the platform as an insurance policy that also does the filing for you. Align with business goals : If the company goal is “AI Innovation,” show how the privacy platform enables safe AI training data. If the goal is “Global Expansion,” show how Nymity Research eliminates the legal fees of entering new jurisdictions. Quantify the “cost of doing nothing” : Remind them that the alternative isn’t “free.” The alternative is highly paid staff doing low-value data entry, inconsistent records that fail audits, and a slow sales cycle due to poor trust documentation. Privacy ROI isn’t hypothetical anymore The days of guessing the value of privacy are over. Organizations that automate their privacy programs see , and a measurable uplift in You have the expertise to lead your organization through this complex landscape. Now, with the right technology partner, you have the data to prove that your leadership is one of the smartest investments your company can make. Are you ready to move from compliant to strategic? ==================================================================================================== URL: https://trustarc.com/resource/ai-supply-chain-risk-vendor-due-diligence/ TITLE: AI Supply Chain Risk: The New Vendor Due Diligence TYPE: resource --- You have spent your career mastering the perimeter. You know exactly where your organization’s data flows, who holds the keys, and how to lock down a contract. For years, you have been the shield protecting the enterprise from third-party vulnerabilities. But generative AI has dissolved the perimeter. The vendors you assess today are no longer just processing your data; they are learning from it, mimicking it, and evolving in real-time. The era of static software assessments is over. We have entered the age of the dynamic supply chain; a living ecosystem of models, agents, and synthetic data that changes faster than a compliance questionnaire can capture. This shift does not make your expertise obsolete; it makes it indispensable. The mandate for privacy and risk leaders has evolved. You are no longer just checking boxes on security; you are now the governors of intelligence. The question is no longer simply “Is this vendor secure?” It is “Do we understand the DNA of the intelligence we are deploying?” This article is your blueprint for navigating this new frontier. It moves beyond the basics of Third-Party Risk Management to address the nuanced, cascading risks of the modern AI supply chain, from the provenance of training data in Large Language Models (LLMs) to the hidden sub-processors in AI copilots. You have already secured the foundation. Now is the time to secure the future. Why AI vendor risk looks nothing like traditional third-party risk was built on a foundation of predictability. You assessed a software vendor, reviewed their SOC 2 report, checked their data retention policy, and signed a contract. The software did exactly what it was coded to do, and nothing more. AI shatters this predictability. Traditional software is a house; you inspect the foundation, the walls, and the locks. AI is a living organism. It learns, it adapts, and it evolves. An AI model that is compliant today may drift into non-compliance tomorrow after a retraining cycle. A vendor that seems secure may be silently relying on a chain of sub-processors that stretches into jurisdictions you have explicitly blocked. Why the old playbook fails: : Traditional assessments are point-in-time snapshots. AI models are continuous movies, constantly updating their weights, parameters, and behaviors. : In traditional software, risk lies in the code. In AI, risk lies in the data: its provenance, bias, and consent lineage. Transparency vs. black boxes : You could audit source code. You cannot easily “audit” the billions of parameters in a neural network to see if it has memorized a customer’s social security number. Managing AI risk requires a shift from a compliance checklist mindset to a safety-first culture. You must move from reviewing contracts to reviewing capabilities, ensuring that human oversight isn’t just a clause in an agreement but an operational reality. What is AI supply chain risk? AI supply chain risk is the aggregate risk inherited from every entity, dataset, and model that contributes to an AI system’s final output. Think of the AI supply chain like a river system. You might be drinking from the tap (the final application), but the water quality depends on the reservoir (the foundation model), the tributaries (data enrichment partners), and the treatment plant (model hosting services). If any part of that upstream system is contaminated, whether by bias, copyright infringement, or toxic data, your organization drinks the poison. The hidden layers of risk include: : Does the vendor know where their model’s training data came from? Or did they scrape the web indiscriminately? : An AI agent might call an API, which calls another API, creating a “Russian nesting doll” of data transfers that traditional discovery tools miss. : If a foundation model provider violates the , liability doesn’t always stop there. As a deployer, you inherit the artifacts of their negligence. : Model implementation could lead to unauthorized exposure of sensitive business or customer data, or adversarial attacks specifically aimed at tricking the model into revealing private data. The modern AI supply chain: Vendors the privacy team must evaluate To dominate this new landscape, you must recognize the players on the board. The AI vendor ecosystem is vast, but five categories demand your immediate scrutiny. 1. Foundation model and LLM providers These are the titans providing the raw intelligence (e.g., OpenAI, Anthropic, Google). : Data provenance and “hallucination” of personal data. Did they train on protected intellectual property or sensitive personal information (SPI) : Demand transparency regarding training data sources. Look for “developer packets” that disclose known biases and limitations, a requirement increasingly emphasized by frameworks like the NIST AI Risk Management Framework 2. Model hosts and cloud AI platforms These vendors host the models you fine-tune or run (e.g., Azure OpenAI, AWS Bedrock, Hugging Face). Data residency and inference logging. When you send a prompt, is it stored? Is it used to retrain their base model? Verify “zero-retention” policies for inference data. Ensure that your proprietary fine-tuning data is logically isolated from the vendor’s base models. 3. Synthetic data vendors Vendors that generate artificial data to preserve privacy while training models. : Re-identification and false security. As highlighted by experts at the Future of Privacy Forum , poor synthetic data can still leak attributes of the original subjects or fail to capture the nuance of the real world, leading to biased models. : Validate their mathematical guarantees of privacy (e.g., differential privacy budgets). Don’t just take their word that it’s “anonymous.” 4. Data enrichment partners Vendors that augment your datasets with external information. : The “fruit of the poisonous tree.” If their data was collected illegally (e.g., scraping LinkedIn profiles in violation of terms), your model trained on that data becomes a compliance liability. : Audit their consent mechanisms. Trace the lineage of their data back to the source. 5. AI copilots and embedded features SaaS tools you already use (CRMs, HR platforms) that are quietly turning on “AI features.” : Shadow AI. Employees may enable these features without realizing they are sharing enterprise data with a third-party model. : Review terms of service updates aggressively. Ensure “opt-out” mechanisms for data training are verified, not just assumed. How to evaluate AI vendors: A risk-based due diligence framework You cannot audit every AI vendor at the same level of intensity. You need a surgical approach—a risk-based framework that scales. Step 1: Classify by role and risk Not all AI is equal. A chatbot recommending lunch spots is low risk; an AI agent screening resumes is high risk. Use the IAPP and OECD principles : Categorize vendors based on the impact of their AI. Is it making consequential decisions? Is it processing sensitive data? AI Risk Assessment Template to catalog specific risks of harm and their likelihoods. If the AI system is “high-risk” (as defined by the EU AI Act), it triggers a deep-dive due diligence process. Step 2: Expand assessment criteria Standard security questionnaires (SIG-Lite) are insufficient. You must ask AI-specific questions: : “Did you use protected data to train this model? Can you prove valid consent?” : “How often is the model retrained? Do we get notified of significant parameter changes?” the model made a specific decision?” (Crucial for compliance with the Colorado AI Act and Step 3: Assess downstream exposure Map the sub-processors. If your AI vendor uses OpenAI’s API, you are effectively using OpenAI. Your due diligence must extend to these fourth parties. Continuous monitoring: The missing link If you approve an AI vendor today and don’t look at them again for a year, you are already behind. AI models drift. A model that is unbiased in January might exhibit significant drift by June due to changes in real-world data or updates to its underlying architecture. : Implement “continuous monitoring” triggers. : A material change in the model’s version (e.g., GPT-4 to GPT-5), a change in the sub-processor list, or a reported regulatory enforcement action against the vendor. : Use automated scanning tools that can detect changes in terms of service or API behaviors. What regulators expect you to prove in 2026 Looking ahead to 2026, the regulatory landscape will shift from “intent” to “evidence.” Regulators will no longer be satisfied with a policy that says you intend to use AI responsibly. They will demand proof. : You must show the “math” of your compliance. Why did you approve this vendor? What testing did you perform? : You must demonstrate that a human, not a rubber stamp, reviewed the high-risk AI outputs, with escalation paths when ambiguity arises. : Maintaining a defensible audit trail of governance decisions is non-negotiable. You need to prove that you assessed the risk before deployment, not after the breach. Operationalizing AI governance without slowing innovation You are not the “department of no.” You are the “department of how.” To operationalize this without becoming a bottleneck: : Create a single “front door” for AI procurement. Whether it’s marketing wanting a copy generator or engineering wanting a coding assistant, it all starts with one risk assessment. : Create “fast lanes” for low-risk AI (e.g., internal tools with no personal data) and “HOV lanes” for high-risk tools requiring ethics committee review. : Do not let a contract get signed until an AI Risk Assessment is attached. Make privacy due diligence a condition of purchase, not a rubber stamp or an afterthought. Practical next steps for privacy and risk leaders You have the mandate. Now, take action. Inventory your AI reality : Run a scan of your network. Find the free tools employees are using without approval. Update your vendor templates DPA (Data Processing Agreements) to include specific clauses on AI training rights. Explicitly forbid vendors from training their models on your customer data without written consent. : Separate the “critical AI” from the “commodity AI.” Focus your limited resources on the vendors that could cause material harm. Leverage external frameworks : Don’t reinvent the wheel. Use the NIST AI RMF or the to benchmark your vendors. The future is accountable The era of “move fast and break things” is over. In the AI age, the winners will be those who move fast and AI supply chain risk will define vendor due diligence for the next decade. By mastering this domain, you protect your organization from fines and reputational damage, but you do something even more valuable: You build a fortress of trust in an uncertain world. Operationalize AI governance to unite privacy, risk, and regulatory workflows. Move fast and stay compliant without slowing down innovation. ==================================================================================================== URL: https://trustarc.com/resource/privacy-program-management-strategic-framework/ TITLE: Privacy Program Guide: Build Trust, Not BarriersPrivacy Program Management: A Strategic Framework for Launching and Scaling Compliance | TrustArc TYPE: resource --- You are the modern gatekeeper. You are the strategist in the boardroom and the guardian of the data flow. In an era where data is the new oil, you aren’t just managing compliance; you are engineering the very infrastructure of brand trust. Yet, for many privacy leaders, the reality feels less like grand architecture and more like firefighting. It’s the late-night emails about a new vendor. It’s the regulatory headline that shifts the ground beneath your feet. It’s the constant tension between business velocity and compliance necessity. While capital provides fuel, it is the structure that propels a program to success. Whether you are building from zero or retrofitting an engine while it’s running, the path to organizational readiness requires moving from reactive chaos to proactive command Here is your strategic blueprint for launching a privacy program that streamlines operations, ensures continuous compliance, and empowers the business to move faster. Establishing privacy governance: Foundations for a sustainable program The greatest myth in our industry is that governance equals guardrails, that our job is to restrict. To launch effectively, you must dismantle this perception. Governance is not about saying “no”; it is about aligning privacy goals with business operations to move forward safely. Governance is about aligning privacy goals with business operations to move forward safely. To build a sustainable foundation, you must identify the core building blocks of your privacy program: Identify your “builders” and “owners” You cannot protect what you cannot see, and you cannot build alone. You must identify the builders: the data owners, product leads, and application managers who are actually handling the information. These stakeholders hold the keys to understanding where data flows and where risks reside. Build bridges with IT and security early. They understand server locations, technical back-end data, and system vulnerabilities that a legal-focused privacy pro might miss. Draft the blueprint with established frameworks Don’t reinvent the wheel. Align your program with established frameworks such as standards. Even if you don’t certify immediately, purchasing the ISO spec or adopting the NIST framework provides a common language to speak with engineering and leadership. This blueprint becomes your defense when stakeholders ask “why” specific controls are necessary. Education as engagement, not compliance Moving beyond the “check-the-box” mentality requires a shift in how you educate. Annual training is insufficient for a dynamic program. Function-specific training: Marketing needs to understand ; Engineering needs to understand privacy by design and . Tailor your education to the specific function to ensure it resonates and sticks. 2. Strategic scoping and prioritization: Managing regulatory complexity Complexity is the enemy of execution. When you are facing the , and a dozen other acronyms, the impulse is to attempt everything at once. This leads to burnout. To stay organized, you must scope your program realistically. Define your strategy by role Start with what matters most: are you a Controller or a Processor? Your strategy must align with the specific promises you have made in your contracts and the reality of your data flows. Understanding your role helps you filter the noise and focus only on the regulations and obligations that apply to your specific risk profile. Implement the “privacy planner” methodology Instead of letting daily noise dictate your schedule, utilize a “Privacy Planner” approach to funnel broad goals into actionable tasks: Align with high-level business goals (e.g., “Enter the EU market”). Break that down into major milestones (e.g., “Complete data mapping for EU vendors”). Set granular, achievable goals (e.g., “Review 5 vendor contracts this week”). The “nickel and dime” strategy for wins Do not underestimate the power of small victories. You can “nickel and dime” your way to maturity by consistently achieving small wins, like updating a single procedure or refining one assessment template. Over time, these minor, consistent updates compound into a robust, 3. Operationalizing privacy: Streamlining workflows and documentation We are past the age of managing global compliance via spreadsheets. To demonstrate accountability and reduce operational burden, you must centralize your privacy tasks and documentation. Centralized ticketing and “shadow it” prevention Use a ticketing system (like Jira or Zendesk) to track incoming requests. This creates a single source of truth and helps identify “shadow IT” by flagging new vendors or systems Establish clear triggers for your team. Ensure they know exactly when to open a ticket (e.g., “When purchasing new SaaS software”) to prevent data from slipping through the cracks. Master the data inventory (ROPA) Record of Processing Activities (ROPA) is more than a regulatory obligation; it is your map of the territory. A robust inventory informs you of transfer risks, sensitive data pockets, and unforeseen vulnerabilities. Data Subject Requests (DSRs) are administratively heavy. A practical strategy to stay organized is to maintain a separate data inventory specifically for DSRs where you act as a controller. This keeps your response workflows clean and distinct from your general vendor data maps. The evidence library: Your audit shield Compliance is nothing without proof. A centralized Evidence Library acts as your “central asset hub,” unifying documents, records, and assessments. This ensures that when an auditor knocks, you aren’t scrambling for emails; you are pointing to a searchable, linkable, and traceable repository of compliance. 4. Leveraging technology: AI and automation for efficiency To scale your program without doubling your headcount, you must leverage technology that allows you to work faster and smarter. Modern privacy platforms now integrate AI to handle repetitive, low-value tasks, allowing you to focus on strategy. Research and summarization: leverage large language models (LLMs) and proprietary databases (like ) to summarize complex regulations, surface legal citations, and explain details instantly. AI can help improve the wording and tone of cookie banners or draft responses to common compliance questions, ensuring consistency across languages and regions. can autofill system and vendor details, reducing manual typing errors and speeding up record creation. Fuel your program with trusted intelligence. Stop searching and start solving. Access the 50,000+ curated references and 1,000+ laws that power the industry’s most advanced AI research tools. Automating “Quick Actions” Every click matters. Look for platforms that offer to simplify everyday workflows, such as updating vendor information, adding systems, or configuring cookie banners. Automating these routine steps can reduce the time required to comply with privacy laws by up to 75%. 5. Program maturity: Optimizing for long-term governance and ROI As your program evolves, your focus must shift from “launching” to “optimizing.” A mature privacy program uses metrics and reporting to demonstrate value, not just compliance. The Trust Center as a sales enabler Privacy is a competitive differentiator. Build a public-facing or internal that hosts your data sheets, FAQs, and certifications. Create a one-pager that outlines your security certifications, data handling practices, and AI responsibility statements. This empowers your sales and marketing teams to answer customer queries instantly without needing to loop in Legal for every RFP. To secure long-term buy-in, you must speak the language of the CFO. A structured, technology-enabled privacy program drives measurable ROI: : Reduce time to compliance from weeks to days (e.g., Mitigate the risk of privacy incidents that can cost millions, and reduce the operational cost of complying with fragmented laws. Reframing metrics: Positive indicators Move away from reporting on negative indicators (risks, issues, fines). Focus your executive reporting on positive indicators: : “We supported the launch of 3 new products by embedding privacy by design.” : “We reduced DSR response time by 40%.” : “Our Trust Center helped close 15 enterprise deals this quarter.” Continuous improvement as a KPI Finally, remember that an update is not a failure. In privacy, the need to update a policy or refine a procedure is a sign of success. It demonstrates that your program is alive, active, and adapting to the business. Whether it is automating workflows to reduce operational burden or refining your assessment templates, continuous improvement is the hallmark of a defensible, mature program. Unified Experience. Intelligent Action. Leverage AI-powered Quick Actions and a centralized Evidence Library to manage your entire privacy program in one place. Global Intelligence. Expert Strategy. Turn legal requirements into operational confidence with proprietary research and operational templates. ==================================================================================================== URL: https://trustarc.com/resource/privacy-management-in-manufacturing/ TITLE: Manufacturing Privacy 2025: Benchmarks & Strategy | TrustArc TYPE: resource --- The factory floor was once a place of sparks, steel, and steam. Today, it is a cathedral of connectivity. Sensors hum with telemetry data, digital twins mirror physical assets in real-time, and artificial intelligence predicts failures before a bolt even loosens. In this new industrial revolution, data isn’t just a byproduct; it is the raw material that fuels innovation. But as a privacy, security, or compliance leader in the manufacturing sector, you know the shadow that follows this light. You understand that every connected sensor is a potential leak, every algorithm a compliance hurdle, and every cross-border supply chain a legal labyrinth. You are no longer just a compliance officer checking boxes. You are a privacy architect. You are the bridge between the rigid demands of global regulation and the fluid, high-speed needs of modern production. 2025 State of Privacy Management in Manufacturing Industry Brief reveals a landscape that is both daunting and ripe with opportunity. The data shows that while the sector faces unique hurdles, the path to becoming unstoppable is clear for those willing to lead. 2025 manufacturing privacy benchmarks: The reality check Let’s rip the bandage off. According to the TrustArc Global Privacy Benchmarks , the manufacturing sector currently holds a privacy index score of 53%, trailing the global average of 61%. For the uninitiated, this might look like a failing grade. But for you, the strategic thinker, this is a “blue ocean” opportunity. While your competitors struggle to operationalize basic compliance, you have the chance to turn privacy into a premium differentiator. Why the lag? It’s not a lack of effort; it’s a surplus of complexity. Manufacturing is unique. You aren’t just managing customer emails; you’re managing biometric data from worker safety wearables, telemetry from customer-premise equipment, and vast lakes of supply chain data that cross more borders than a diplomat. The benchmark data reveals a critical insight: 64% of manufacturing companies already view privacy as a key business differentiator. The ambition is there. The execution is where you come in. You are the catalyst that turns “we care about privacy” from a marketing slogan into an operational reality. Industrial AI governance: Closing the privacy skills gap If data is the fuel, Artificial Intelligence is the engine. But as any engineer will tell you, a powerful engine without a steering wheel is a disaster waiting to happen. The pressure to adopt AI in manufacturing is immense. From predictive maintenance to automated quality control, AI is reshaping the industry. However, the benchmarks reveal a stark tension: Lack of AI-related privacy expertise is cited as a top challenge by manufacturing respondents. You are likely feeling this pressure from two sides. On one side, the C-suite wants AI now to cut costs and boost efficiency. On the other side, regulators, specifically under the , are demanding rigor, explainability, and risk assessments. 52% of manufacturers struggle with the privacy implications of AI. Here is your hero moment. You don’t need to be a data scientist to lead here. You need to be the governor of governance. 52% of manufacturers struggle with the privacy implications of AI, such as ethics impact assessments and bias testing. Do not let AI be a “black box.” Implement algorithmic accountability. Establish a review board that includes privacy, legal, and engineering stakeholders to vet AI tools Instead of being the “Department of No,” become the “Department of How.” Show the business that compliant AI is AI. It’s AI that won’t get shut down by a regulator in six months. Navigating cross-border data transfer and global regulations looks less like a unified standard and more like a Jackson Pollock painting. It is chaotic, vibrant, and requires a trained eye to interpret. The TrustArc brief highlights that cross-border data management is one of the most complex areas for manufacturers. You are dealing with: Giving users rights to data produced by connected products. Tightening rules on transferring data overseas. patchwork from California to Illinois , where biometric privacy remains a litigation minefield. This is where the compliance fatigue sets in for many organizations. But for the privacy architect, this is just another puzzle to solve. Harmonization. Don’t build a separate for every jurisdiction. That is a recipe for madness. Instead, look to global frameworks. The often advocate for high-water mark standards—building your program around the strictest regulations (often ) and applying those principles globally. By harmonizing your data inventories and vendor contracts, you create a fortress that is resilient against regulatory shifts. When a new law pops up in 2026, you won’t be rebuilding; you’ll just be fine-tuning. The silent threat: Supply chain and third-party risk In manufacturing, you are only as strong as your weakest supplier. The benchmarks show that third-party risk management is a top priority, with 77% of manufacturers rating it as critically important. Imagine a vendor providing the software for your robotic arms suffers a breach. Suddenly, your production line is down, or worse, your proprietary schematics are on the dark web. The TrustArc data confirms that while manufacturing sees fewer small data breaches than other sectors, it faces a moderately higher rate of large-scale cybersecurity incidents. Supply-chain governance has become a privacy mandate driving continuous security and supplier accountability. You must extend your perimeter. Don’t just accept their word. . Ensure your contracts mandate timely breach notification and strict data retention limits. . You need to know exactly where data leaves your walls and enters theirs. As the industry brief notes, “Supply-chain governance has become a privacy mandate driving continuous security and supplier accountability”. You are not just protecting your company; you are protecting the integrity of the entire ecosystem. The toolkit: Automating privacy by design in manufacturing How do you manage all this without an army of staff? The answer lies in the tools you choose. The survey indicates that are likely to purchase “made-to-purpose” privacy software to manage tasks like Data Subject Requests (DSRs) Privacy Impact Assessments (PIAs) This is the age of automation. You cannot manage privacy on a spreadsheet any more than you can run a modern assembly line with a hammer and chisel. This isn’t just a buzzword; it’s your strongest shield. means embedding privacy into the engineering phase—”baked in, not bolted on”. When your R&D team designs a new connected toaster or turbine, privacy controls (like data minimization and encryption) are part of the blueprint, not an afterthought. It prevents product liability issues arising from software flaws that impact safety. 2. Automated data discovery: “Knowing where my customer data lives” is a significant gap for manufacturers. Automated data discovery tools can crawl your networks, identifying sensitive data in unstructured files, ensuring nothing is hidden from your view. Transparency builds trust. Maintaining a public-facing is rated as highly important by 71% of manufacturers. This is your storefront for credibility. It tells your customers, “We have nothing to hide, and we take your safety seriously.” Mitigating compliance risks and protecting brand trust It is natural to worry. The headlines are filled with record-breaking fines. The TrustArc data shows that 50% of manufacturers are concerned about compliance risks from regulatory oversight and penalties. But let’s reframe this fear. Fear is a reaction. Preparedness is a strategy. The goal isn’t just to avoid a fine; it’s to avoid the . In the manufacturing world, if a client loses trust in your ability to keep their intellectual property or their operational data safe, they sue you and switch suppliers. By establishing a robust privacy program, you are doing more than dodging a bullet. You are building armor. You are telling your board: “We are not just compliant; we are resilient. We are safe.” The goal isn’t just to avoid a fine; it’s to avoid the loss of trust. Building a proactive manufacturing privacy program The 2025 landscape for manufacturing privacy is complex, filled with regulatory tripwires and technological explosions. But it is also a landscape where leadership is desperately needed. You have the data. You understand the risks. You see the gaps in AI governance and cross-border transfers. You are the expert who can guide your organization from a reactive stance to a proactive powerhouse. Next steps for the privacy architect: Compare your current program against the 53% benchmark. Where are you lagging? Identify every AI tool currently in use and demand a privacy impact assessment for each. If you are still using spreadsheets for DSRs or data mapping, stop. Invest in the tools that scale with your business. The factory of the future is built on data. Make sure you’re the one holding the blueprints to its protection. Centralize your privacy, security, and sub-processor details in a single, branded portal that demonstrates total transparency to customers and supply chain partners alike. Automate data flow mapping and ROPA generation to pinpoint cross-border risks and ensure rigorous compliance across your entire operational footprint. ==================================================================================================== URL: https://trustarc.com/resource/centralized-privacy-office-operating-model-ai-risk-governance-teams/ TITLE: Centralized Privacy Office: The New Model for AI & Risk Governance | TrustArc TYPE: resource --- For nearly two decades, privacy governance was often an exercise in diplomacy. Chief Privacy Officers (CPOs) operated as high-level advisors, navigating dotted lines to legal, borrowing resources from security, and negotiating best-effort coordination with IT. It was a model built on influence rather than infrastructure. That model is collapsing. The rapid ascendancy of generative AI, the fracturing of global regulatory landscapes, and the increasing demand for “audit-ready” evidence have rendered decentralized, advisory-only privacy models obsolete. We are witnessing a fundamental shift in corporate strategy: the transition from siloed compliance to the centralized privacy office. This is not merely a reorganization; it is a rebuilding of the enterprise control plane. Privacy leaders are no longer just interpreting the law; they are reshaping business strategy. According to the IAPP’s 2025 Organizational Digital Governance Report organizations are moving away from “analog” governance toward “aligned” models where privacy, AI, and cybersecurity converge into a unified command structure. This article explores why this operating model is emerging, what it looks like in practice, and how forward-thinking leaders are using centralized governance to accelerate AI innovation rather than slow it down. The quiet collapse of decentralized models To understand the future, we must acknowledge why the status quo is failing. Historically, digital risk was compartmentalized. The CISO owned the perimeter, the General Counsel owned the liability, and the CPO owned the policy. AI erased those functional boundaries overnight. An AI model does not respect an organizational chart. A single Large Language Model (LLM) deployment touches consumer data (privacy), proprietary code (IP), employee inputs (HR), and third-party APIs (vendor risk). When a marketing team deploys a generative AI tool, they simultaneously trigger questions of ethics, copyright, security, and bias. In a decentralized model, this results in “digital entropy,” a term coined by the IAPP to describe the disorder caused by conflicting governance domains. The result is a governance gap where risks fall between the cracks of siloed departments. Furthermore, regulators have shifted their expectations. They have moved from asking, “Do you have a policy?” to demanding, “Show me the evidence.” As noted in the TrustArc 2025 Global Privacy Benchmarks Report , organizations that are prepared for regulations like the on privacy competence than their peers. The difference isn’t intent; it is the ability to operationalize and prove compliance. Why the centralized privacy office is emerging now Three specific forces are driving Fortune 500 organizations toward a centralized privacy office in 2025: 1. The convergence of privacy and AI IAPP Salary and Jobs Report 2025 confirms that the roles are merging. Approximately 36% of privacy professionals now have defined responsibilities for AI governance. The skills required to , such as lineage, retention, and access controls, are the exact foundation needed to govern AI models. Centralizing these functions eliminates redundancy and creates a single source of truth for data risk. 2. The defensibility imperative Regulators are increasingly focused on the “how,” not just the “what.” They require risk inventories, , and continuous monitoring logs. A decentralized team cannot produce a unified audit trail. A centralized office, acting as an operating hub, ensures that every risk decision is traceable, version-controlled, and defensible. Contrary to popular belief, fragmentation slows innovation. When engineering teams must consult four different departments (Legal, Privacy, Security, and AI Ethics) to launch a product, friction is inevitable. Cisco’s 2025 Data Privacy Benchmark Study reveals that 96% of organizations believe privacy investments deliver benefits beyond compliance, including operational efficiency and agility. Centralization provides a “single front door” for the business, streamlining approvals and reducing time-to-market. What the centralized privacy office actually is (and isn’t) There is a misconception that centralizing privacy means creating a massive, bureaucratic department. In reality, the modern centralized privacy office is lean, product-oriented, and automation-first. While it interprets the law, its primary output is operational controls, not legal memos. It is not simply calling the privacy team a “Center of Excellence” without changing authority levels. It does not review every ticket manually; it designs the logic that automatically routes tickets. A centralized privacy office is an operating hub that owns the enterprise-wide framework for data risk. It defines risk tiers, manages assessment orchestration, and maintains regulatory intelligence that informs engineering workflows. centralized privacy teams significantly outperform those with hub-and-spoke or decentralized models , scoring higher on every privacy maturity metric. The core functions of a centralized privacy office To transition from an advisory role to an operational authority, the centralized office must execute five core functions. 1. Unified governance across privacy, AI, and risk Instead of running parallel governance tracks—one for , one for the EU AI Act, one for —the centralized office defines a single set of risk tiers. They harmonize assessment triggers so that a “High Risk” designation means the same thing to a data scientist as it does to a privacy attorney. This is where stops being a philosophy and becomes an enterprise standard. Are your current controls ready for the AI era? Take the AI Risk Assessment to identify gaps in your governance framework and benchmark your readiness. 2. Assessment orchestration at scale In mature organizations, the centralized office does not perform every Data Protection Impact Assessment (DPIA) or AI risk assessment. Instead, they define the templates, enforce the thresholds, and automate the intake. They act as air traffic control, routing low-risk items for auto-approval and high-risk items to human reviewers. This aligns directly with Privacy Program Management solutions that operationalize workflows. 3. A single source of truth for regulatory intelligence Privacy teams can no longer track global changes manually. The centralized office is responsible for curating authoritative regulatory guidance and translating it into operational requirements. When a law changes in Brazil or a new framework emerges in Colorado, the centralized office updates the controls dynamically, eliminating conflicting interpretations across regions. 4. Integrated AI and vendor risk governance AI risk is often vendor risk in disguise. The centralized office governs the “supply chain of data,” managing AI vendor onboarding, LLM usage policies, and third-party data sharing agreements. By housing under the same roof as privacy, organizations prevent the scenario where a vendor passes a security review but fails a privacy assessment. 5. Audit-ready evidence and defensibility In 2026, defensibility will be the currency of compliance. The centralized office ensures that every decision, from “legitimate interest” assessments to AI model approvals, is documented and retrievable. This shifts the posture from “we tried our best” to “here is the evidence.” How Fortune 500 organizations are structuring privacy today IAPP’s Organizational Digital Governance Report identifies a shift from “Analog” (siloed) to “Aligned” governance models. In the Aligned model, processes and structures are streamlined into a singularly defined approach. Common structural patterns We are witnessing the rise of titles such as “Chief Trust Officer” or “Chief Privacy and AI Governance Officer.” These leaders have mandates that span multiple domains, including legal, technical, and ethical. Central operations, embedded leads: The central team sets the standards and manages the technology (the “operating system”), while “Privacy Champions” or “Data Stewards” are embedded within engineering, product, and HR to execute those standards. highlights the emergence of hybrid roles such as AI Governance Leads and Privacy Operations Managers. These are not lawyers; they are technologists and program managers who understand how to build scalable systems. How centralized privacy governance accelerates AI There is a pervasive myth that governance slows down innovation. The data suggests the opposite. believe privacy investments make them more agile and innovative. How does adding governance speed things up? By removing uncertainty. In a decentralized environment, an engineering team wanting to deploy an AI model might face weeks of ambiguity: Who approves this? Can we use this data? What if the regulations change? A centralized privacy office provides predictability. By establishing clear guardrails (pre-approved datasets, standardized risk tiers, and automated approval workflows), the centralized office allows teams to build with confidence. It reduces rework, eliminates duplicated assessments, and lowers vendor friction. Essentially, centralized governance builds the “paved road” for AI adoption. If teams stay on the road (use approved data and models), they can move fast. If they go off-road, they trigger manual review. Making centralized governance feasible at scale Centralization is impossible if you are running your program on spreadsheets. The volume of data mapping, the complexity of cross-border transfers, and the velocity of AI deployment will crush manual processes. reveal a stark reality: Organizations using purpose-built privacy management platforms score 10 to 18 points higher on privacy indices than those relying on manual tools. To make centralized governance feasible, leaders must implement an operating system for privacy—a platform that serves as the system of record. This technology stack must handle: Automated discovery of where data lives. Intelligent routing and scoring of risks. Automated feeds of legal changes (like Centralized control of user preferences. This isn’t about buying tools for the sake of tools; it is about building the infrastructure that allows a small central team to govern a massive global enterprise. Why centralized privacy governance be table stakes in 2026 The window for “good enough” governance is closing. By 2026, the disparity between organizations with centralized privacy offices and those without them will be unignorable. Organizations without centralized governance will face: : Bogged down by internal confusion and risk aversion. Higher enforcement exposure : Unable to produce consistent evidence across regions. : Spending more to fix fragmented processes. Organizations with centralized privacy offices will: : Moving from concept to production with pre-cleared governance. : adapting to new laws without rewriting their entire playbook. Turn governance into a competitive advantage : Using trust as a market differentiator. Privacy as the control plane for trust We are moving past the era of privacy as a legal check-box. Privacy has evolved into the control plane for trust. It is the mechanism by which organizations demonstrate to their customers, their employees, and their regulators that they are in control of their digital destiny. The centralized privacy office is the physical manifestation of this shift. It represents a maturity that recognizes data not just as an asset to be exploited, but as a responsibility to be governed. For privacy and compliance professionals, this is the moment to step up. You are no longer just protecting the company from fines; you are building the infrastructure that allows the company to survive and thrive in the age of AI. The blueprint is clear, the data is supportive, and the technology is ready. The only remaining question is whether you will lead the shift or scramble to catch up. Intelligent Automation. Global Compliance. Move from manual management to a unified control plane. Meet global regulatory obligations efficiently while minimizing redundant work, reducing costs, and maximizing defensibility. Automated Mapping & Risk Management. Eliminate blind spots, save time, and stay audit-ready with automated data flow mapping, risk analysis, and instant compliance reporting. ==================================================================================================== URL: https://trustarc.com/resource/onetrust-competitors-trustarc/ TITLE: The #1 OneTrust Competitor: 2026 Features, Pricing, Support | TrustArc TYPE: resource --- OneTrust has several major competitors. Many of them are specialized competitors, such as Ketch, Usercentrics, Osano, and DataGrail. But OneTrust offers a broad GRC-focused stack that is nevertheless difficult to use and hard to learn. That is why TrustArc is often OneTrust’s closest competitor in terms of comprehensive software solutions and services. With over 28 years in the privacy industry, TrustArc is known as a privacy pioneer with a user-friendly, end-to-end platform, in-house expertise, certifications, and strong customer support. TrustArc is the stronger overall choice and OneTrust’s strongest competitor. Why consider any OneTrust competitors? Most buyers start with OneTrust due to its market dominance and its platform that combines privacy, compliance, risk management, and third-party oversight across multiple regulations. However, customer reviews, industry reputation, and our internal experience narrow down the OneTrust is expensive over the long run, especially with its history of price hijacking with renewals Lengthy implementations slow support responsiveness Privacy expertise and partnership, not just tooling A recent review in Capterra , “Core modules often come at a premium, and costs escalate quickly as you scale or expand use cases.” said on Capterra, “Implementation was too difficult when we decided to add an automated CCPA form and had to switch to another vendor.” said, “the customer support team is woefully slow.” In summary, teams switch from OneTrust to alternatives – especially TrustArc – because they want less configuration, more ease of use, and more built-in expertise. Why do some teams prefer TrustArc to OneTrust? OneTrust is well known for a broad focus on GRC, risk, security, and ESG. It is especially strong in . Its large ecosystem of partners (IAB Diligence Platform, Snowflake) also extends its broad footprint. However, teams prefer TrustArc because it was founded in 1997 and has innovated at every turn of the evolving privacy industry. Its innovations include: First to create privacy risk management tools First government-recognized Accountability Agent One of the first end-to-end privacy program management software This experience has given TrustArc the opportunity to build broad credibility among many companies. It combines privacy software, regulatory intelligence, certifications, and for accountable, enterprise-scale privacy programs. This competitiveness is reflected in trusted customer review sites like G2. TrustArc vs OneTrust on the G2 Grid 2025: TrustArc recognized as a Leader in privacy management software. Customers consider TrustArc for the following reasons: 1. Platform focus and breadth TrustArc’s platform is privacy-first. It blends regulatory intelligence, automation, and AI to orchestrate end-to-end data privacy and governance. The Global Privacy Benchmarks Report 2025 shows that the majority of privacy professionals want an “overall data privacy management platform” that combines several features, which TrustArc excels at. Global Privacy Benchmarks Report 2025 showing how likely companies are to purchase specialized privacy with various features. Compliance monitoring, benchmarking, and evaluations Privacy and risk assessments Data mapping and risk management Privacy research, regulatory summaries, and operational templates Consent and preference management For a deeper product perspective, TrustArc offers some capabilities that OneTrust falls short on. For instance, offers comprehensive functionalities like 130+ standards, common controls, AI evidence analysis, multi-jurisdictional compliance automation, and benchmarking capabilities. OneTrust’s equivalent is more focused on security and fewer standards (approx 25+). Further, it doesn’t provide features like common controls, an AI evidence analysis, and attestation reporting. PrivacyCentral provides robust functionalities for compliance and Assurance. Other features like TrustArc’s Data Mapping & Risk Manager (AM) provide clearer residual risk reporting, data mapping to jurisdictional risks, assessment automation, and more. , TrustArc offers a new, no-code platform that connects to over 300 business systems and provides expert-designed, pre-built templates to automate high-impact privacy workflows. Customers agree that TrustArc provides robust privacy tools. A G2 customer in Information Technology and Services said, “I really enjoy how easy it is to track action items issued to us, so we can identify any privacy actions that must be taken and when they must be taken.” One of the strongest ways TrustArc is a competitor to OneTrust is its ease of use, and that gap has widened significantly with newer launches. TrustArc’s platform ease-of-use Nishant B., an Information Security Officer on G2 , “The platform’s intuitive dashboards and automation workflows make it easier to assess compliance against frameworks like GDPR, CCPA, and other global privacy regulations.” This ease of use has several downstream effects, including: Faster onboarding for privacy teams. Less reliance on consultants to “make the tool usable.” Clearer workflows for DSRs, consent, assessments, and vendor risk. This ease of use is now complemented by TrustArc’s broad range of applications. Its connect your TrustArc account to more than 300 popular business systems. Integrations are no-code, and the drag-and-drop UI makes them accessible for everyday users. Arc: The usability leader among OneTrust competitors While OneTrust has been praised for its robust feature set, including incident management, notice management, and agentic AI, its hard-to-use interface makes it difficult to use, especially during onboarding. said, “There are needs [sic] to simplify the interface as it appears more complex in cases where individuals lack IT skills.” TrustArc’s advantage in usability has only been extended further with the . It is the next generation of the TrustArc platform, making it even more user-centric, AI-enabled, and privacy-first than before. It’s not a separate product. It is available to all customers at no additional cost and with no forced migration. All existing TrustArc applications seamlessly integrate into Arc, providing cleaner user interfaces. Optimize for the day-to-day, streamlining workflows and elevating key actions. For instance, breaks down common privacy tasks into bite-sized steps to complete and move on. Focus on what matters by staying on top of required actions, risks, or tasks. Specifically, a on the left allows you to quickly access all TrustArc applications and solutions. Boost your team’s productivity. Notably, the allows you to go to the right place or ask questions without the need to guess where to click. Destinations include tasks, Quick Actions, research, or the correct TrustArc application. , the TrustArc platform now provides a single source of truth for documents and records, offering user-controlled AI access. Users can also manually upload documents or links. The Evidence Library eliminates duplicate work, enforces consistency, and improves data security. By comparison, while OneTrust does have AI agents, it still requires you to hunt for the right app and look through the documentation to understand specific workflows. 3. Arc Intelligence: TrustArc’s AI differentiator Both OneTrust and TrustArc have adopted AI into their platforms. However, their approach is very different. OneTrust has multiple scattered across the platform. Onetrust’s AI integrations include regulatory research and bots like the Privacy Breach Response Agent across consent, DSARs, risk assessments, and evidence management. Why Arc Intelligence is different TrustArc’s approach to privacy management is more unified, focused on a better user experience across the board. Arc Intelligence is the underlying technology that fuels automation across the TrustArc applications. It is not a generic chatbot. Its output is based on TrustArc’s 28+ years of privacy expertise, (1,000+ laws, 50,000+ references, daily updates), and live customer program data. Unlike most privacy AIs, it is transparent by design, giving you cited answers, explainable logic, and full traceability. As a purpose-built AI fed by domain-specific data sets, it’s less likely to hallucinate and produce the kind of errors that general-purpose LLMs generate. Throughout the process of using Arc Intelligence, customer data is never used to train AI models, per the TrustArc Terms of Use for Artificial Intelligence Arc Intelligence isn’t a “privacy chatbot.” It’s the underlying safe, unified, and embedded tech to power your privacy workflow. Here are some examples of Arc Intelligence abilities: is an intelligent privacy assistant you can invoke from anywhere on the platform. It responds to natural language AI questions and gives contextual and cited answers grounded in TrustArc’s in-house privacy research team, which publishes three to four new references and updates daily. This breaks common privacy jobs into bite-sized steps to simplify common privacy workflows. For instance, you can complete a vendor update or cookie banner setup in a few guided steps, rather than deep menu navigation. Context-aware AI automation : Throughout your workflow, Arc Intelligence suggests autofill, classification, translation, and recommendations based on context. Here’s what early users are saying about Arc Intelligence: “This AI enhancement has transformed automation from a rigid process into something interactive and intuitive.” Dominika Partelova, Senior Counsel and Global Data Protection Officer at Edgewell. 4. Accountability and recognized Certifications One of TrustArc’s unique advantages over OneTrust and other alternatives is its broad and deep assurance and certification services. TrustArc provides independent, formal attestations to verify compliance with global privacy regulations, reducing risk and building trust. OneTrust provides individual certifications through GRC & Security Cloud, which supports 35+ frameworks and professional training/certification programs. However, TrustArc offers assurance services, superior formal certifications, legal mechanisms for data transfers (like ), audit readiness, dispute resolution, and specialized privacy assurance. TrustArc is also a certification pioneer, as the U.S. Accountability Agent (and the first worldwide) to certify companies under the APEC Cross Border Privacy Rules (CBPR) system. Demonstrating regulatory adherence and enabling cross-border data transfer Reduce risk and build trust with customers and partners Enable cross-border data transfer mechanisms A globally recognized TRUSTe Seal International privacy expertise and dispute resolution Conduct your certifications within TrustArc’s platform Get Certified with TrustArc Assurance 5. TrustArc pricing and renewals transparency As overall cybersecurity costs rise, renewal costs are increasing as well. Unfortunately, renewal costs can grow faster than . With high switching costs for expensive cybersecurity software, security leaders feel compelled to accept increases to avoid being blamed for future incidents. In such an environment, having predictable pricing and modest, consistent renewals can be a big boon for companies using cybersecurity software. Unfortunately, OneTrust is well known for unexpected price increases. A calls it “Par for the course with OT.” A said, “Some users may find the pricing model a bit opaque — costs can add up quickly as you add more modules or scale usage across departments.” According to Forrester, OneTrust is also known for charging extra for implementation sessions and service lead to 14% of customer churn. This churn can be at any stage where customer support is involved, including onboarding, adoption, retention, or product expansion. While OneTrust is well known for having comprehensive software, its hard to use nature also necessitates frequent requests to customer services. And this service is often hard to access because of: OneTrust limits the quality of support you can access to priced tiers (Essentials, Plus, Premier/Signature), which add to the overall cost. Essentials and Plus offer self-service options and don’t offer 24/7 support. Limited dedicated customer success: This service is available only with the Premier or Signature support packages. By comparison, TrustArc positions offers integrated and expert-led service across the customer base, including: available as part of platform access , including documentation, knowledge base, guided help videos, etc. can teach customers how to use their tools in situ. Technical Account Managers Get a live walkthrough of how TrustArc supports you in real-world scenarios How to migrate from OneTrust to TrustArc migrate from OneTrust to TrustArc is now. With the launch of Arc, the benefits of a better overall experience and superior customer service, here is a clear six-step migration path to TrustArc. Assess existing data and compliance requirements, and define the project’s scope and timing. TrustArc’s CSI team works with your team to identify data types, workflows, and compliance requirements. Your team provides sample data extracts (e.g., ROPA, DSARs). Develop a migration game plan and timeline. TrustArc assigns timelines and priorities. Both TrustArc and your team assign specific roles and responsibilities. Prepare the TrustArc system for data import and set up application configurations on our end. (e.g., Data Mapping & Risk Manager, Assessment Manager). TrustArc configures fields, workflows, and aligns OneTrust data with TrustArc’s mapping. Move data from OneTrust to TrustArc without loss or corruption. TrustArc’s Data Migration team manages the extraction, mapping, and uploading of data, executing the full migration in phases. Ensure migrated data is accurate and that system functionality remains intact. The client reviews the imported data to align with the agreed-upon requirements, and any issues are identified and resolved before full migration. Deploy TrustArc into full production and ensure a smooth transition. Let’s migrate from OneTrust together 1. Who are OneTrust’s competitors? OneTrust has several competitors in consent and data privacy management space, including TrustArc, Usercentrics, Osano etc. TrustArc is the most direct competitor, which enterprises may prefer for its ease of use, in-house privacy intelligence, Arc Intelligence, and excellent support. 2. Is TrustArc easier to implement than OneTrust? Yes, with its guided workflows, dedicated implementation support (especially TAMs), TrustArc is easier to implement than Onetrust. 3. What features should a OneTrust competitor have? A strong OneTrust alternative requires a privacy focused, user friendly, and end-to-end platform with transparent AI and superior customer support. TrustArc is owned by Main Capital Partners. The acquisition focused on global expansion and product investment, compounding the benefits of Arc The TrustArc platform is designed with your privacy first. It uses enterprise-grade security controls, including SOC 2 Type II audits, strong encryption (in transit and at rest), role-based access controls, SSO/2FA, secure cloud infrastructure, and strict data-use policies. For more information on overall security, visit our Customer data is never used to train AI models. For more information, read the TrustArc Terms of Use for Artificial Intelligence Intelligent Automation. Global Compliance. Meet global regulatory obligations without the manual grind. Leverage 20,000+ pre-defined controls mapped across 125+ laws to minimize redundant work and turn complex requirements into a streamlined, automated advantage. Visualized Flows. Managed Risk. Save time and reduce exposure with automated data flow mapping and intelligent risk analysis. Generate on-demand compliance reports and audit trails to navigate cross-border data with absolute confidence. ==================================================================================================== URL: https://trustarc.com/resource/eu-digital-omnibus-proposal-2025-gdpr-amendments-eu-ai-act/ TITLE: EU Digital Omnibus: AI Act Delays & GDPR Changes | TrustArc TYPE: resource --- The EU Digital Omnibus Regulation and the simplification shift For years, privacy and compliance leaders have operated in a state of high-velocity adaptation. You have been the architects of trust in a landscape defined by regulatory fragmentation, frantically patching together compliance frameworks for the , the Data Act, and the looming . But on November 19, 2025, the European Commission signaled a massive strategic pivot, one that transforms your role from “firefighter” to “visionary.” Commission’s proposal for the EU Digital Omnibus Regulation is not just another layer of red tape; it is a corrective measure designed to “repair” the complex overlaps between the EU’s digital laws. By aiming to reduce regulatory burdens in the EU and boost competitiveness, this proposal acknowledges what you have known all along: true compliance requires clarity, not chaos. For Data Protection Officers (DPOs), Chief Privacy Officers (CPOs), and security leads, this is a strategic inflection point. The rules are being rewritten to favor operational reality over bureaucratic rigidity. But do not mistake simplification for deregulation. The EU digital rulebook 2026 will be leaner, but sharper. The proposal offers you a rare commodity in our industry: time. The question is, will you use it to catch your breath, or will you use it to solidify your competitive advantage? Major EU AI Act updates: Delays and red tape cuts The original implementation timeline for the EU AI Act was a source of sleepless nights for many of you. The sheer velocity required to meet the 2026 deadlines for high-risk systems threatened to derail innovation budgets and force hasty, tick-box compliance. The Omnibus proposal fundamentally alters this trajectory with a mechanism designed to prioritize quality over speed. The “stop the clock” mechanism The most critical amendment in the proposal is the AI Act compliance deadline extension . The Commission has introduced a pragmatic “stop the clock” provision. Instead of a hard, arbitrary date, the compliance deadline for high-risk AI systems (Annex III and Annex I) will now be triggered only after the necessary harmonized standards are officially ready. Specifically, the timeline shifts to 6 months (for Annex III) and 12 months (for Annex I) the Commission confirms that the support tools and standards are in place. If those standards are delayed, your deadline moves with them, with a potential “long-stop” date pushing compliance out to late 2027 or even August 2028. This high-risk AI obligations delay is a game-changer. It transforms a sprint into a marathon, allowing you to build robust, defensible AI governance frameworks rather than rushing to meet a deadline. Relief for the “small mid-caps” Previously, the SME designation was a narrow lifeline. The Omnibus proposes expanding this SME AI regime to include “Small Mid-Caps” (SMCs), companies with up to 499 employees and a turnover of up to €100 million. If your organization fits this profile, you may gain access to the same regulatory sandboxes and reduced penalties previously reserved for smaller players. Reinforcing AI literacy: A clearer mandate Instead of softening the rules, the Omnibus proposal doubles down on the importance of human oversight. The amendments reinforce the AI literacy obligation , clarifying that both providers and deployers must ensure their staff possesses the “sufficient knowledge, training, and contextual understanding” to manage these systems safely. This is no longer a vague suggestion; it is a concrete compliance requirement. For you, this means your internal training programs cannot be generic “AI 101” courses. They must be tailored to the specific context of the AI tools you are deploying, ensuring your teams can effectively detect bias, interpret outputs, and challenge the machine’s decisions when necessary. The human-in-the-loop must be a GDPR and privacy changes: The 96-hour rule and cookies While the EU AI Act changes are headline-grabbing, the GDPR simplification proposal contained in the Omnibus offers the most immediate tactical relief for your daily operations. The Commission has finally addressed the fatigue that burns out security teams. The shift to a 96-hour reporting window For nearly a decade, the 72-hour breach notification rule has been the golden, often grueling, standard. It forced teams to report incomplete information just to beat the clock. The Omnibus proposes extending this window to The Omnibus proposal also seeks to align the reporting threshold for Data Protection Authorities (DPAs) with the higher bar currently used for individuals. Under the new text, you would only be legally mandated to report breaches that pose a high risk to individuals’ rights and freedoms. On the surface, this change appears to “filter out the noise,” allowing your team to focus forensic energy on genuine, high-impact threats rather than administrative paperwork. However, this new latitude comes with a warning label. Privacy experts caution that ‘minor’ is subjective. Narrowing the criteria creates a blind spot where cumulative small-scale breaches could go unnoticed. Therefore, while your reporting volume may drop, your must remain rigorous to defend against accusations of underreporting later. We all know that the accept all banner blindness is real. The Omnibus attacks simplification in the EU by proposing two major shifts: Exemptions: Audience measurement and security cookies may no longer require active consent. The “Do Not Re-Ask” Rule: If a user rejects consent, you cannot ask them again for six months. This forces a redesign of the user experience. You can no longer nag users into compliance; you must build trust so they want to opt-in. case: A nuanced data definition Perhaps the most intellectually significant change is the proposal to reflect the Single Resolution Board (SRB) case law within the GDPR’s framework. The text clarifies the boundaries of personal data, suggesting that if an entity holding data cannot reasonably identify the individual—taking into account all objective factors like costs, time, and available technology—it may not be personal data However, this is not a loophole; it is a high bar. It validates the relative approach to personal data but attaches strict conditions. To leverage this defense, you must demonstrate robust safeguards that effectively prevent re-identification, such as legal and technical barriers that make obtaining the “key” impossible. If you hold a pseudonymous dataset, you can’t just claim ignorance; you must prove that identifying the individual is practically unfeasible. This potential opening for data sharing and analytics exists, but only if your segregation of duties is legally and technically waterproof. Streamlining incident reporting (the single entry point) If you are managing compliance for a multinational, you are likely juggling reports for GDPR, . It is a fragmented mess of portals and forms. The Omnibus proposes a solution that sounds too good to be true: a Single Incident Reporting Entry Point. The proposal mandates a centralized platform, operated by ENISA (the EU Agency for Cybersecurity) , to serve as the clearinghouse for all major digital incident reports. You submit one report regarding a cyber incident. The platform routes the relevant data to the DPA (for GDPR), the CSIRT (for NIS2), or the financial regulator (for DORA). This ENISA incident reporting infrastructure is the technical backbone of the cross-border data enforcement strategy. It eliminates the risk of double jeopardy, where you report to one regulator but forget another, yet it increases transparency between regulators. If you report a breach to the financial regulator, the privacy regulator will know instantly. Your narrative must be consistent across all channels. What DPOs and Privacy Counsels need to do now The EU Digital Omnibus Regulation is a proposal with high political momentum. Waiting for the final text to be inked in the Official Journal is a strategy for followers, not leaders. Here is how you can pivot your DPO compliance updates 2026 strategy right now. The High-risk AI obligations delay is not a permission slip to stop your program. If you pause now, you lose momentum. Instead, use this time to deepen your testing. Move from compliance checking to safety engineering. Use the extra 12+ months to stress-test your AI models against the draft harmonized standards. When the deadline finally hits, you won’t just be compliant; you will be unassailable. 2. Review your “small mid-cap” status Work with your finance and legal teams to determine if you fall under the new “Small Mid-Cap” definition (up to 499 employees, €100M turnover). If you do, your digital legislation compliance burden for the EU AI Act just dropped significantly. Re-evaluate your vendor contracts. If your vendors are SMCs, they might have different obligations than you expected. 3. Update your incident response playbooks Do not change your official policy to 96 hours yet; the law hasn’t passed. However, draft the “Version 2.0” playbook now. Define exactly what “high risk” means for your organization to justify not reporting minor breaches under the new rules. Ensure your CISO and Privacy Office are speaking the same language. When the single portal opens, the “security” report and the “privacy” report are the same report. Inconsistencies will be flagged immediately. 4. Audit your data flows for the Look at your data lakes. Are there datasets you treat as personal data simply because someone else has a key? Under the new EU proposals for reducing regulatory burden, you may be able to reclassify that data if you can prove that you have no means of re-identification. This could drastically reduce your GDPR exposure. Navigating DPO compliance updates 2026 in a new era The EU Digital Omnibus Proposal is an acknowledgment that the first era of digital regulation (the era of move fast and regulate things) is over. We are entering the era of maturity. For the privacy professional, this is your moment of ascension. You are no longer the person who says no because of a deadline. You are the strategist who says yes because you understand the landscape. You have the tools, you have the knowledge, and now, you finally have the time. The EU digital rulebook 2026 is not a cage; it is a framework. And in the right hands, a framework is a ladder. Are you ready to map these changes to your 2026 budget? GDPR Validation Proven Compliance. Unquestionable Trust. Demonstrate your commitment to privacy with independent GDPR validation. Show partners, customers, and regulators that your data protection practices meet the gold standard—verified by experts, not just claimed. AI Governance Responsible AI. Ready for the World. Turn AI governance from a roadblock into a competitive advantage. Operationalize your strategy with a centralized solution that unites privacy, risk, and compliance so you can innovate fast without the fear of global scrutiny. ==================================================================================================== URL: https://trustarc.com/resource/ai-risk-assessment-vs-pia/ TITLE: AI Risk Assessment Guide: Beyond the Standard PIA | TrustArc TYPE: resource --- Privacy leaders are no longer just guardians of compliance; they are the architects of digital trust. You have navigated the complexities of the cloud, tamed the sprawl of big data, and operationalized the . Now, a new frontier demands your strategic vision: Artificial Intelligence. As organizations race to integrate AI into their products and services, the landscape of risk is shifting beneath our feet. The question is no longer you should assess AI risk, but you can do so with the precision of a surgeon and the foresight of a grandmaster. The challenge is significant. According to the 2025 Global Privacy Benchmarks Report, 56% of organizations find ensuring AI compliance to be “extremely challenging” or “very challenging.” Yet, for the seasoned privacy professional, this is not a crisis; it is an opportunity to demonstrate value. By evolving your risk frameworks, you ensure your organization avoids reputational harm while unlocking the full potential of innovation. The evolution from PIA to AI Risk Assessment Privacy Impact Assessments (PIAs) are the bedrock of any mature privacy program. However, relying solely on a standard PIA to catch AI-specific risks is like trying to catch a neutrino with a butterfly net. PIAs are designed to scrutinize data collection and processing—the . AI risk assessments must thoroughly scrutinize both the algorithm and its To bridge this gap, we must understand the fundamental divergence in focus: Centers on personal data protection, legal basis, security, and transparency regarding data collection. Centers on broader ethical risks, societal harm, algorithmic bias, and fundamental rights. Where a PIA asks, “How is data used?”, an AI assessment must ask, “What decisions are being made, and are they fair?” The goal is to elevate your methodology to account for the black box nature of these technologies. AI Risk Assessment template to start evaluating algorithmic risks alongside your standard data protection checks. The triad of AI risk: What to watch To assess AI risk with confidence, you must identify the specific variables that make these systems volatile. Unlike static software, AI models are living, evolving entities. 1. Dynamic risk and model drift Standard software code doesn’t change unless a developer rewrites it. AI models, however, suffer from “model drift”—they change over time as they ingest new data. A risk assessment conducted at the design phase is a snapshot; requires a motion picture. If you are using generative AI, the more it learns, the more you must test to ensure it isn’t producing hallucinations or unintended outputs. You cannot assess what you cannot explain. The black box opacity of complex algorithms makes explainability a massive hurdle. If your team cannot explain why an AI made a specific decision, especially one denying credit, employment, or healthcare, you are walking into a compliance minefield. 3. Output and societal harm Risk is no longer just about a data breach; it is about discrimination. include bias in the training data, lack of representativeness, and fairness in decision-making. An algorithm trained on historical data may inherit historical prejudices. Your assessment must aggressively probe for these discriminatory patterns before deployment. How to document AI compliance: Audit trails and human oversight Regulators are moving faster than ever. Under emerging frameworks like the , compliance is not just about having a policy; it is about proving it through comprehensive documentation. Leading organizations are moving beyond standard security controls to implement “purpose-built” AI controls. Your documentation strategy must include: Detailed records of model training data, versioning, and decision-making logic. Human-in-the-Loop (HITL): Clearly documenting who is responsible for the AI’s output. Who reviews the model? Who has the authority to override the system? Who signs off on the risk? This level of documentation is the difference between defensibility and liability. It creates a chain of accountability that regulators demand. Don’t start from scratch. AI Risk Assessment template to document your audit trails and HITL protocols efficiently. Building an AI governance council: Cross-functional risk management Privacy cannot solve the AI puzzle in isolation. The most successful organizations are those that align privacy, legal, data science, and business leaders into a cohesive unit. Establish an AI governance council Advocate for a standing cross-functional team, also known as an “AI Governance Council.” This body serves as the central nervous system for AI oversight, ensuring that risk is not evaluated in isolation. Bring visibility to the shadows. Host AI roundtable discussions and presentations to socialize how AI is being used across the enterprise. Crucially, centralize your AI risk assessments in a repository that is accessible to all relevant stakeholders. When the Marketing team knows how the Engineering team mitigates bias, the entire organization becomes smarter and safer. Set intervals to follow up with groups during the adoption process. AI governance is continuous. Periodic reviews are not administrative burdens; they are safety valves. How to embed trust and transparency in AI systems In an era of deepfakes and algorithmic anxiety, trust is your most valuable currency. Trust is the ultimate compliance multiplier. Transparency is not merely a legal requirement under the or the EU AI Act; it is a brand differentiator. Say what you do, do what you say If you use AI to interact with customers, be clear about it. Use labeling and transparency notices to explain data sources and the limitations of the system. Reassure individuals of their rights and describe the human involvement in the process. Remember, transparency stems from action. When you are transparent about your governance, you signal to the market that you are not just using AI, but mastering it. Measuring AI risk to drive competence If you are feeling the pressure, you are not alone. Only 41% of organizations report strong alignment across roles regarding AI privacy risks. However, the data shows that those who measure their privacy effectiveness score significantly higher in overall competence. Don’t fear the risk—measure it Start with your highest-risk applications —those impacting fundamental rights. Document your organization’s use of AI early to identify potential pitfalls before they become entrenched as liabilities. By leveraging the frameworks you have already built for privacy and adapting them for the algorithmic age, you can lead your organization through this technological revolution. You have the expertise. You have the tools. Now, it is time to execute. Eliminate the guesswork in your evaluation process. AI Risk Assessment template today and start building a defensible AI governance strategy. Key takeaways: Building a continuous AI governance strategy As you pivot from traditional privacy management to AI governance, keep these three strategic pillars in mind to stay ahead of the curve: Document early to detect risk: Do not wait for a crisis to start your paper trail. Documenting your organization’s use of AI early creates the visibility needed to identify risks before they become liabilities. Prioritize high-risk measurements: You cannot manage what you do not measure. Don’t fear the complexity; start by assessing your highest-risk applications, specifically those that impact fundamental human rights or critical decision-making. Governance is a cycle, not a checkbox: AI models drift, and data evolves. Treat governance as a continuous process rather than a one-time project, and leverage automation tools to monitor these changes in real-time. You are already an expert in data protection. By adapting your existing frameworks to these new challenges, you become the indispensable leader your organization needs in the age of AI. Mastering AI Risk Assessment FAQs What is the difference between a PIA and an AI Risk Assessment? While a Privacy Impact Assessment (PIA) focuses primarily on personal data protection and compliance with data principles, such as the legal basis and security, an AI risk assessment is broader. An AI risk assessment evaluates the algorithm itself and its output, looking for ethical risks, societal harm, bias, and impacts on fundamental rights. While PIAs ask how data is used, AI assessments must determine what decisions are made and whether they are fair. Why are traditional privacy assessments insufficient for AI? Traditional assessments often fail to capture the dynamic nature of AI. AI models suffer from “model drift,” meaning they change and evolve as they ingest new data, rendering a one-time assessment inadequate. Additionally, traditional assessments may not address the “black box” problem, where the opacity of the algorithm makes it difficult to explain why a specific decision was made. What are the key components of AI compliance documentation? To satisfy regulators and emerging frameworks, such as the EU AI Act, documentation must extend beyond standard policy to include comprehensive audit trails. Key elements include: Records of model training data and its sources. : Logs of model updates and decision-making logic. Documentation of the Human-in-the-Loop (HITL) system, specifying who reviews the model, who can override it, and who signs off on the risk. How can organizations build trust and transparency in AI systems? Transparency is achieved by clearly communicating when an automated decision is being made, a requirement under laws such as the Colorado AI Act and the EU AI Act. Organizations should use transparency notices to clearly explain the data sources, limitations of the system, and the extent of human involvement. Ultimately, transparency comes from action—demonstrating that you say what you do and do what you say. Who should be involved in assessing AI risk? AI risk assessment requires breaking down silos. Best practices involve establishing a cross-functional “AI Governance Council” or team. This should include stakeholders from privacy, legal, data science, and business units to centralize risk assessments and ensure common language and taxonomy are used across the organization. Is AI risk assessment a one-time process? No. Governance must be lifecycle-based, from design through deployment. Because AI models are dynamic, organizations must establish intervals for periodic reviews and follow-ups to monitor for risk factors, such as bias or performance degradation over time. Smarter Mapping. Automated AI Risk. Intelligently automate AI risk identification through inventory management and risk scoring. Clarify high-risk areas instantly to prioritize mitigation and maintain robust governance without the manual lift. AI Assessments, Scaled and Simplified. Eliminate the guesswork with pre-built AI Risk Assessment templates. Mitigate potential risks faster and assess compliance against key AI laws and frameworks with confidence. ==================================================================================================== URL: https://trustarc.com/resource/understanding-global-cross-border-privacy-rules/ TITLE: Understanding Global Cross-Border Privacy Rules | TrustArc TYPE: resource --- Privacy executives have evolved from being regulatory gatekeepers into strategic engines that power seamless global operations. In an era where data is the lifeblood of the global economy, the ability to move information across borders seamlessly is the difference between stagnation and scale. However, rising enforcement actions, escalating geopolitical tensions, and the explosion of AI-driven data flows have turned cross-border privacy into a high-stakes arena. The landscape is shifting beneath our feet. From the U.S. Department of Justice’s strict new rules on transferring sensitive data to “countries of concern” to the European Data Protection Board (EDPB) confirming that applies to AI model training, the message is clear: Data flows. Data grows. But without governance, data slows. To maintain trust and operational continuity, companies must radically rethink their global privacy architecture. You are not just ticking boxes; you are building the digital nervous system of your organization. What are global cross-border privacy rules? At their core, global cross-border privacy rules are the sophisticated traffic control systems of the digital age. They are not merely suggestions; they are the regulatory frameworks and binding agreements that dictate how personal data moves between countries while preserving equivalent protections for individuals. Think of it as a diplomatic passport for your data. Without it, your information is grounded at the border. These rules encompass: that define when and how organizations can process or transfer data internationally (e.g., GDPR, establishing legal bases for transfers, such as the EU-U.S. Data Privacy Framework (DPF) requiring transparency, security, and accountability across the entire data lifecycle. for vendors, subsidiaries, cloud platforms, and data processors handling international data. Effective cross-border rules bridge the gap between divergent legal systems, harmonizing the strict privacy rights of Europe with the sectoral approach of the United States and the emerging frameworks in the Asia-Pacific region. Why cross-border privacy rules matter more than ever in 2026 We have entered a new epoch of data sovereignty. The Wild West of digital transfer is over; the era of accountability has arrived. AI systems create new categories of cross-border processing: The EDPB has made it clear: AI model training on EU data constitutes processing. With Gartner predicting that by 2027 , over 40% of AI-related privacy violations will result from unintended cross-border data exposure via GenAI tools, the risk is existential. Data subjects anticipate immediate rights fulfillment: Whether data is stored in Dublin or Dallas, consumers expect their rights to travel with their data. Stricter localization measures: Countries are erecting digital borders. The U.S. DOJ’s recent rule restricts outbound transfers of bulk sensitive data (genomic, biometric, and financial) to foreign adversaries like China, Russia, and Iran, introducing national security into the privacy equation. When data flows lack clear documentation, businesses face massive penalties. Case in point: The Dutch Data Protection Authority fined Uber €290 million for unlawful transfers to the U.S., signaling that regulators are done issuing warnings. Global infrastructure dependency: Modern ecosystems rely on global cloud infrastructure. Cross-border data privacy alignment is no longer a “nice to have”—it is foundational to keeping the lights on. Key components of global cross-border privacy regulations To navigate this labyrinth, privacy professionals must master the four pillars of international transfer regulation. Legal Grounds for International Transfers You cannot simply move data because it is convenient. You must have a legal vehicle. This involves utilizing Standard Contractual Clauses (SCCs) , Binding Corporate Rules (BCRs), adequacy decisions, and certifications. Before selecting a mechanism, you must map your data flows. You cannot protect what you cannot see. Once mapped, frameworks like the Global CBPR and PRP Certification Programs allow you to build what experts call a “follow the sun” compliance model. This strategy ensures that, regardless of where your business operates—from Tokyo to London to New York—you have a unified, recognized privacy standard ready to facilitate data movement. This approach reduces the friction of global sales cycles and demonstrates a commitment to privacy that extends beyond individual borders. Data localization, residency, and sovereignty is the gravity that pulls information back to its source. Require that data be stored within national borders (e.g., Russia or Vietnam). Subject data to the laws of the country where it is collected, regardless of where it is processed. These rules force companies to decide whether to centralize data lakes or fragment them into regional silos. Vendor and partner accountability Your privacy program is only as strong as its weakest vendor. With experiencing a third-party risk incident in the last three years, relying on manual spreadsheets is a recipe for disaster. You must ensure processors follow cross-border privacy rules. This includes mandatory audits, specific transfer terms, and Transfer Impact Assessments (TIAs). Notice, consent, and transparency Transparency is the currency of trust. : You must inform individuals before their data is transferred outside the country. : In jurisdictions like South Korea, failure to obtain explicit consent for overseas transfers can lead to enforcement, as seen in the , where user prompts were sent to China without proper notification. Challenges that prevent compliance with global cross-border privacy regulations Even the most robust teams face friction. The path to compliance is paved with good intentions but potholed with operational realities: : “Shadow IT” and undocumented API calls create blind spots in global data flows. : Applying consistent controls across the GDPR (Europe), , and state-level U.S. laws requires mental gymnastics. 46% of organizations still use spreadsheets to manage third-party risks, leaving them vulnerable to supply chain attacks. : Tracking updates—like operationalizing India’s new 2026 wave of U.S. state privacy laws : The sheer weight of reporting, mapping, and documenting transfers can crush innovation. How to build a compliant cross-border data privacy program Moving from reactive firefighting to proactive governance requires a strategy that is both rigid in principle and flexible in practice. Map and classify international data flows You must conduct a forensic accounting of your data. Identify all sources, destinations, applications, and partners involved in cross-border transfers. If you don’t know where the data is, you can’t defend the transfer. Conduct data transfer and risk assessments Operationalize the “sandwich approach.” ). Use these assessments to determine the impact of international transfers under GDPR and other frameworks. Strengthen vendor oversight Move beyond the “sign and forget” era of contracts. Require vendors to adhere to cross-border privacy rules and provide evidence of compliance, such as the PRP (Privacy Recognition for Processors) certification Document all compliance measures If it isn’t written down, it didn’t happen. Maintain updated records for legal mechanisms, safeguards, and transfer-specific risk mitigations to satisfy regulators during an audit. Implement monitoring and enforcement processes Compliance is not a destination; it is a journey. Track law changes, regulatory decisions ( such as the Irish DPC’s scrutiny of TikTok ), and vulnerabilities tied to international data privacy. Comparison checklist for evaluating cross-border compliance solutions When selecting tools to operationalize your program, look for these 2026-ready capabilities. 2026 Must-Have Capability Automated discovery and visualization Reduces blind spots in cross-border data privacy and catches “shadow” transfers. Transfer Mechanism Tracking AI-supported SCC/BCR updates Aligns with evolving international data privacy laws without manual contract review fatigue. Risk scoring, templates, workflows Accelerates compliance readiness and standardizes decision-making. Ongoing monitoring & contract automation Strengthens accountability for cross-border privacy rules; moves beyond point-in-time assessments. Ensures proactive compliance with rapid shifts (e.g., DOJ sensitive data rules). Risk-based approach to cross-border data management You cannot boil the ocean. You must prioritize. Catalog risks tied to each transfer destination. Is the data going to a “country of concern” or a DPF-adequate nation? Assess data sensitivity (biometric, genomic, financial), processing context, and jurisdictional risk. Do you have encryption in transit? Is the recipient certified? Determine adequacy for global transfers. Score each transfer against regulatory and operational requirements. Fix the leaks that sink the ship. Prioritize based on legal (fines), reputational (trust), and technical exposure. Steps to strengthen compliance with global cross-border privacy rules To make your organization unstoppable, follow this strategic roadmap: Define a unified governance model: Create an enterprise-wide standard that sets the floor, not the ceiling, for privacy. Review systems handling cross-border data privacy, with a specific focus on GenAI integrations. Review transfer mechanisms: Check for aging SCCs or invalid clauses that predate recent court rulings. Evaluate automated controls: Implement security measures that trigger automatically when data crosses a digital border. Ensure your evidence logging and monitoring tools can withstand a regulator’s scrutiny. Confirm vendor alignment: Ensure third parties meet international data privacy obligations. Establish robust data retention policies and ongoing compliance workflows to ensure data doesn’t overstay its welcome. Common mistakes companies make when navigating cross-border privacy : Treating global cross-border privacy rules as identical across regions. What works in Germany may fail in China. : Failing to document how personal data moves between systems, leaving you defenseless during an inquiry. The “set and forget” trap : Overlooking the need for continuous assessment. Privacy is a movie, not a photograph. : Relying solely on legal teams without operational coordination with IT and Security. : Ignoring emerging transfer restrictions, such as the U.S. DOJ’s new focus on bulk data transfers to foreign adversaries. Future trends shaping global cross-border privacy rules As we look toward 2027 and beyond, the only constant is change. AI-governance integration : We will see the rapid adoption of AI-governance models embedded directly into compliance workflows. : Global regulatory convergence will be driven by consumer demand and political pressure for “Data Free Flow with Trust”. : The permanent shift to remote work is creating new categories of cross-border data privacy exposure as employees access databases from anywhere. : Standardization of digital identity and cross-region authentication will become critical. : Increased regulator focus on high-risk transfers involving sensitive data (genomic, biometric) rather than routine administrative data. Commanding global trust through cross-border privacy Compliance with global cross-border privacy rules is essential for maintaining operational resilience and customer trust. It is the bedrock upon which modern multinational business stands. Organizations must approach cross-border privacy holistically, integrating legal nuances, technical safeguards, and robust governance controls. Privacy leaders are not just preventing fines; they are enabling the future. A strategic investment in global privacy compliance ensures future readiness and mitigates evolving international risks. FAQs about global cross-border privacy rules What are global cross-border privacy rules and why are they important? These are the laws, frameworks, and agreements that govern how personal data moves internationally. They are important because they protect individual rights while enabling the global digital economy to function. Without them, international trade and data exchange would grind to a halt. How do companies comply with cross-border privacy rules? Companies comply by mapping their data flows, identifying the legal basis for transfers (such as adequacy decisions or contracts), implementing security safeguards, and continuously monitoring their vendors and systems for compliance gaps. What safeguards support compliant cross-border data privacy? Safeguards include legal mechanisms (SCCs, BCRs), technical controls (encryption, pseudonymization), and organizational measures (policies, training, and certifications like the Global CBPR). When do organizations need Transfer Impact Assessments (TIAs)? Organizations need TIAs when transferring personal data to “third countries” (jurisdictions without an adequacy decision) to evaluate whether the laws of the destination country might impinge on the effectiveness of their security safeguards—a requirement emphasized by the Schrems II ruling. How do international data privacy laws differ across regions? Laws vary significantly in scope and enforcement. The GDPR (EU) focuses on fundamental human rights. The U.S. approach is sectoral (healthcare, finance) but moving toward national security restrictions on specific countries. Asian frameworks (like Japan and Singapore) often focus on balancing privacy with economic trade facilitation. What role do vendors play in global data transfer compliance? Vendors are critical. If a vendor mishandles data or transfers it unlawfully, the data controller is often held responsible. Robust vendor management and “downstream” accountability are non-negotiable. How can automation reduce cross-border compliance risk? Automation reduces risk by providing real-time visibility into data flows, automatically flagging non-compliant transfers, updating risk assessments dynamically, and reducing the human error inherent in spreadsheet-based tracking. Intelligent Automation. Global Compliance. Meet global regulatory obligations without the manual grind. Leverage 20,000+ pre-defined controls mapped across 125+ laws to minimize redundant work and turn complex requirements into a streamlined, automated advantage. Visualized Flows. Managed Risk. Save time and reduce exposure with automated data flow mapping and intelligent risk analysis. Generate on-demand compliance reports and audit trails to navigate cross-border data with absolute confidence. ==================================================================================================== URL: https://trustarc.com/resource/retail-privacy-management/ TITLE: Retail Privacy 2025: From Risk to Trust | TrustArc TYPE: resource --- In the high-stakes arena of modern retail, data is the lifeblood of the customer experience. From hyper-personalized recommendations to seamless omnichannel checkout, data fuels the engine of commerce. However, for privacy, compliance, and security leaders, this engine runs on high-octane risk. You are not just gatekeepers of compliance; you are the architects of consumer trust. The retail sector sits at a precarious intersection: the irresistible force of personalization meets the immovable object of privacy regulation. While marketing teams push for granular insights to drive revenue, privacy leaders must ensure those insights don’t come at the cost of regulatory fines or reputational ruin. Earning brand trust is the #1 rated benefit of privacy management for retailers. This article explores the unique complexities of retail privacy management, assessing the current landscape and providing a strategic roadmap for building a program that not only survives an audit but also thrives as a business differentiator. The retail paradox: Hyper-personalization vs. heightened privacy risk Retail privacy management is uniquely complex because of the sheer volume, velocity, and visibility of the data involved. Unlike B2B sectors where data flows are predictable, retail deals with millions of individual touchpoints daily. We face a paradox. Consumers demand a shopping experience that feels like —predictive, seamless, and tailored—but they recoil at the thought of the surveillance required to deliver it. They want you to know their size, but not their secrets. As we move through 2026, the landscape is shaped by omnichannel personalization and global compliance complexity. Retailers must coordinate consent across websites, apps, marketplaces, and physical stores, all while regulators tighten oversight on cookies and targeted advertising. The current state of data privacy in retail Where does the industry stand today? According to the 2025 TrustArc Global Privacy Benchmarks Survey , the retail sector is lagging behind the global norm in privacy maturity. On the Global Privacy Index, retail ranked 12th out of 17 sectors, with an average score of 54%, compared to the global average of 61%. While 90% of retail respondents have a dedicated Privacy Office, only 39% say privacy permeates everyday decision-making, which is six points below the global average. Despite these lags, the ability to earn brand trust through competent privacy management ranks as the #1 privacy benefit by retailers. Retailers are under-resourced but highly motivated. The goal is no longer just avoiding fines; it is about securing the customer relationship. Retail ranks 12th out of 17 sectors in global privacy maturity. Want to dive deeper into these statistics and see how your organization compares? Read the full 2025 State of Privacy Management in Retail Industry Brief to uncover actionable insights for your privacy program. Key privacy challenges retailers face today Privacy professionals in retail are fighting a war on multiple fronts. The challenges are not merely administrative; they are technical and operational. This is the most significant hurdle. cite technical complexity as a major challenge in ensuring AI systems comply with privacy requirements. The rush to adopt AI for inventory forecasting and customer service has outpaced governance. The growing complexity of AI systems is outpacing retailers’ capacity to govern them. Dark patterns and design: Regulators in the UK and US are scrutinizing The line between safety and surveillance is blurring. The FTC’s actions, such as bans on in-store facial recognition , signal that retailers must be incredibly cautious when experimenting with biometrics. Understanding privacy compliance requirements Retail compliance is never “one and done.” It is a living, breathing ecosystem of overlapping regulations. The operational impact of this “patchwork” is significant. You aren’t just complying with one law; you are complying with a global matrix of expectations. How global and U.S. regulations apply to retail data Retailers face a maze of privacy laws with no unified standard. If you sell to EU residents, you must obtain express consent and provide rights like the “right to be forgotten.” The stakes are high, with non-compliance risking fines of up to 2% of global turnover. Digital Services Act (DSA): For retailers operating marketplaces in the EU, imposes expanded obligations regarding ad transparency and trader accountability. U.S. State Laws (CCPA/CPRA/CPA/CTDPA): enforcement is advancing through joint actions by states like California, Colorado, and Connecticut. This raises expectations for retailers to reliably honor consumer preferences across complex adtech ecosystems. HIPAA (Health Insurance Portability and Accountability Act): For retailers with pharmacies or in-store clinics, protecting Protected Health Information (PHI) is critical. considerations for retail often overlap with state privacy laws, requiring strict segregation of health data from general marketing databases. Building a scalable retail privacy program To move from ad-hoc firefighting to a mature, scalable privacy program , privacy leaders must embed privacy into the corporate DNA. The 2025 Privacy Benchmarks reveal that retail lags in “privacy-by-design” and “champions networks”. Automate Data Subject Requests (DSRs): across digital and in-store systems. Manual processing is a bottleneck you cannot afford. Establish a privacy champions network: Only 23% of retailers utilize a privacy champions network, compared to 28% globally. Identifying advocates in marketing, IT, and HR is essential for decentralized execution. Invest in “made to purpose” software: 57% of retailers who haven’t already done so are likely to purchase privacy software platforms to manage elements like PIAs and cookie scanning. Ensure your retail privacy policies follow best practices by using plain language (no legalese) to explain exactly how AI and loyalty programs use customer data. Is manual data subject request fulfillment slowing you down? Simplify, scale, and speed up your compliance and response times with TrustArc’s Individual Rights Manager . Automate intake, verification, and fulfillment across 240+ jurisdictions today. Privacy governance in retail organizations Governance is the backbone of accountability. In retail, this backbone is often brittle. Retailers are less likely to have Board oversight compared to other sectors. To fix this, we must clearly define roles. The Board needs to understand that privacy is a strategic differentiator. The C-Suite must align loyalty platforms, e-commerce stacks, and payment environments to enhanced obligations. And the Privacy Office must transition from a department of no to a department of how. Conducting privacy risk assessments in retail environments A privacy program without is like a store with no inventory tracking—you don’t know what you have, so you don’t know what you’re losing. Privacy Impact Assessment (PIA) Launching a new loyalty program. Deploying in-store tracking technologies (Wi-Fi analytics, cameras). Onboarding a new data-processing vendor. Map the data flow from the Point of Sale (POS) to the cloud database. Evaluate against principles: Assess the project against and purpose limitation standards. Record the risks and implement administrative (training) and technical (encryption) safeguards. Treat the PIA as a living document, not shelfware. Managing third-party and cross-border risks Retailers rely heavily on third-party vendors for everything from logistics to marketing analytics. This makes vendor management one of retail’s biggest privacy exposures. : You must conduct rigorous to evaluate their security controls and compliance with laws such as the and GDPR. Contracts must include clear obligations for data security and breach notification. : Data knows no borders, but laws do. Retailers must ensure compliance with restrictions on transferring personal data to countries with insufficient protection. This often involves implementing Standard Contractual Clauses (SCCs) and conducting transfer impact assessments (TIAs). Need a clearer path through global regulations? Ultimate Guide to Simpler Cross-Border Data Transfers to streamline your international data strategy. Data minimization and responsible data use “Collect everything, decide later” is a relic of the past. Today, “just in case” data collection is a liability. Retailers are actually performing relatively well here; “not keeping data longer than necessary” is a priority for 40% of retailers. However, the pressure to personalize can lead to retention creep. : Only ask for what is needed to complete the transaction or provide the service. : Automate deletion schedules. If a customer hasn’t engaged in three years, do you really need their purchase history? : Ensure data collected for shipping isn’t quietly funneled into third-party advertising algorithms without consent. Consent management and customer choice Consent is the currency of trust. If you spend it without asking, you go bankrupt. Retailers must coordinate consent and transparency across websites, apps, and physical stores. This is difficult because the customer journey is non-linear. A customer might consent to cookies online but not to facial recognition in-store. Pre-checked boxes are dead. Consent must be active. Allow customers to opt-in to marketing without forcing them to opt-in to third-party sharing. It should be as easy to withdraw consent as it is to give it. Leverage zero-party data: Encourage customers to voluntarily share preferences (size, style) in exchange for better personalization. Zero-party data privacy in retail relies on transparency, ensuring this high-value data is never misused. AI, analytics, and emerging privacy risks The retail sector is rushing toward AI, but 57% of retailers find the technical complexity of complying with Retailers are using AI for dynamic pricing, fraud detection, and personalized shopping assistants. However, AI implies automated decision-making. Under and other laws, consumers have rights regarding how these decisions are made. 58% of retailers currently use AI tools to support privacy management activities. AI governance considerations: : Ensure your AI models don’t inadvertently discriminate against protected demographics. : If a chatbot is AI, say so. If an algorithm determines a price, be prepared to explain the logic. AI is deployed responsibly to sustain trust in data-driven commerce. Strengthening retail data protection strategies Security and privacy are distinct but inseparable. You cannot have privacy without security. Payment security intersects with privacy, especially with the rollout of , where PCI DSS and privacy in retail intersect through stricter authentication and logging requirements. Embed privacy controls into the development phase of new retail apps and services. Currently, retail ranks below average on PbD adoption. Encryption and Access Controls: to only those employees who need it. Retailers suffer data breaches at roughly the same rate as the global norm (27%), but must be specific to retail scenarios (e.g., e-skimming). Aligning with International Standards (ISO 27701) Why reinvent the wheel when you can drive a high-performance vehicle? Many retailers are aligning their programs with . This global standard provides a framework for a Privacy Information Management System (PIMS). Alignment helps demonstrate compliance to partners and regulators, acting as a badge of honor that signifies your organization takes data protection seriously. From compliance to competitive advantage Privacy is not just a shield; it is a sword. Retailers that execute well on privacy can move beyond compliance. Privacy becomes the foundation for durable trust, enabling retailers to deliver seamless, globally compliant shopping experiences that are personalized without compromising integrity. 57% of retailers view privacy as a key differentiator for their business. When you treat customer data with respect, you signal that you value the customer. In an era where data breaches make headlines, safety is a luxury product. Where retailers go from here The road ahead requires a shift in mindset. We must move from “checking boxes” to “championing values.” Retailers report being under less pressure than other sectors to address compliance risks, but this is a false sense of security. The regulatory environment is only getting hotter. The most urgent challenge is closing governance gaps and automating data subject requests. Privacy leaders, you are the navigators. You have the map. By investing in automated platforms, stronger board engagement, and a culture of privacy-by-design, you can transform privacy from a cost center into a cornerstone of customer loyalty. Are you ready to benchmark your organization? Review your current data map and identify one process—whether it’s DSR fulfillment or vendor assessment—that can be automated this quarter. Your future self (and your legal team) will thank you. Frequently asked questions about retail privacy management What are the biggest data privacy challenges in the retail industry? The most significant challenges for retailers are technical complexity, AI governance, and managing “dark patterns.” According to the 2025 Global Privacy Benchmarks Survey, 57% of retailers cite technical complexity as a significant hurdle in ensuring AI systems comply with privacy requirements. Additionally, retailers face scrutiny over dark patterns (manipulative design choices like countdown timers) and must navigate a complex patchwork of global and U.S. regulations while managing high volumes of consumer data. How does retail privacy maturity compare to other industries? The retail sector currently lags behind global norms, ranking 12th out of 17 industries on the Global Privacy Index. Retailers have an average privacy maturity score of 54%, which is seven points below the global average of 61%. While 90% of retail organizations have a dedicated Privacy Office, only 39% report that privacy permeates every day-to-day business decision. Why is AI considered a high privacy risk for retailers? AI poses a high risk because the technology’s deployment for inventory forecasting and personalization often outpaces governance capabilities. The rush to adopt AI tools has made it difficult for retailers to ensure these systems comply with privacy standards, with over half of retailers struggling with the technical complexity of AI compliance. Furthermore, automated decision-making in AI triggers specific legal obligations under laws like the GDPR, requiring transparency into how algorithms determine prices or target consumers. What are “dark patterns” in retail privacy? How do global privacy regulations apply to retail data? Retailers must navigate a “maze” of inconsistent laws rather than a single unified standard. For example, the GDPR (Europe) requires express consent and grants rights like the “right to be forgotten” for EU residents, with fines for non-compliance reaching up to 2% of global turnover. In the U.S., state laws such as the CCPA/CPRA require retailers to honor universal opt-out mechanisms and respect consumer preferences across complex adtech ecosystems. What is the best way to build a scalable retail privacy program? To build a scalable program, retailers should focus on automating Data Subject Requests (DSRs) and establishing a privacy champions network. Automation is critical for handling high volumes of consumer requests across digital and in-store channels, yet many retailers still rely on manual processes. Additionally, decentralizing governance by identifying privacy champions in departments like marketing and IT helps embed privacy-by-design, a practice where retail currently lags behind global averages. Intelligent Cookies. Global Compliance. Eliminate the complexity of tracking technologies across your digital ecosystem. Automatically scan, categorize, and manage cookies to ensure seamless compliance with global regulations without sacrificing user experience or marketing insights. Effortless Rights. End-to-End Automation. Turn complex data requests into simple, automated workflows. From identity verification to final delivery, streamline every step of the DSR process to cut costs, reduce risk, and hit your SLAs with zero friction. ==================================================================================================== URL: https://trustarc.com/resource/ai-governance-maturity-model/ TITLE: AI Governance Maturity: Move From Policies to Proof | TrustArc TYPE: resource --- You are no longer just the guardians of data; you are the architects of the future. For years, privacy and compliance professionals have been the unsung heroes standing between their organizations and regulatory chaos. But as artificial intelligence weaves itself into the very fabric of enterprise operations, from HR hiring algorithms to generative coding assistants, the battlefield has changed. The days of relying on a static privacy policy and a “wait-and-see” approach are over. We have entered the era of AI Governance 2.0. In this new landscape, good intentions are insufficient, and “checking the box” is a recipe for failure. Regulators, boards, and customers are no longer asking if you have an AI policy; they are asking for proof that it works. This article serves as your strategic blueprint. We will dismantle the obsolete models of the past and walk through a comprehensive AI governance maturity model designed to take your program from theoretical policies to operational, defensible proof. Why AI governance based on policies alone is no longer enough Remember the early days of the internet? A simple “Terms of Use” link at the bottom of a webpage felt like enough protection. For a long time, felt similar. Organizations drafted high-level ethics statements, formed exploratory committees, and created slide decks that often gathered dust in a shared drive. That “policy-era” approach is failing. In 2026, AI is not a novelty; it is a utility. It is embedded in your SaaS platforms, utilized by your marketing vendors, and deployed by your engineering teams. When AI is everywhere, a policy filed away in a cabinet offers zero protection against algorithmic bias, shadow AI, or regulatory non-compliance. “Regulators are no longer asking if you have an AI policy; they are asking for proof that it works.” , and the FTC’s enforcement actions have made one thing clear: governance must be risk-based, documented, and demonstrable. You cannot simply claim to be compliant; you must prove it through rigorous record-keeping, human oversight, and continuous monitoring. Governance has matured from policy ownership to operational proof. Ready to move from principles to practice? to start identifying, documenting, and mitigating your specific AI risks today. Why traditional AI governance models are already obsolete Conventional governance models were built on assumptions that no longer hold water. They assumed that AI adoption would be centralized, slow, and deliberate. They assumed that a single “AI decision” was made by a handful of data scientists in a locked room. Today’s reality is the wild west meets the modern metro. Marketing teams use generative AI for copy; HR uses it for screening; developers use it for code. Shadow AI is the new shadow IT. AI models are not static software updates; they drift, they learn, and they require constant recalibration. The number of AI use cases is expanding exponentially. An annual audit cannot catch a daily risk. Manual spreadsheets cannot track thousands of automated decisions. If your governance model relies on a yearly “check-in,” it was obsolete the moment it was implemented. To govern effectively, you must balance the speed of innovation with the rigor of risk management. What modern, operational AI governance actually requires Operational AI governance is the shift from “what we say” to “what we do.” It is not a document; it is a nervous system. It connects legal requirements to technical implementation, ensuring that governance is embedded, repeatable, and continuous. To achieve this, privacy leaders must orchestrate four fundamental operational shifts: From discretion to standardization: Moving from subjective “gut checks” to standardized risk scoring. From manual review to automation: Replacing email chains with automated intake and assessment workflows. From one-time approvals to AI governance lifecycle: Shifting from a “launch approval” mindset to ongoing monitoring and decommissioning. From good intentions to defensible evidence: Ensuring every decision produces an audit trail automatically. The AI governance maturity model: From policies to proof Maturity models are not just consulting jargon; they are roadmaps for survival. As you read through these levels, ask yourself: Where does my organization sit today? and Where must we be to survive the regulatory scrutiny of tomorrow? Level 1: Ad hoc and aspirational At this stage, governance is a concept, not a practice. The organization may have high-level “AI Principles” or a Code of Conduct, but there is no mechanism to enforce them. : No formal inventory of AI systems. “Shadow AI” is rampant. Decision-making is inconsistent and siloed. High exposure to regulatory fines and reputational damage. If a regulator asks, “Where is your AI?” the answer is a shrug. Level 2: Policy-driven but manual You have moved beyond chaos, but you are drowning in paperwork. You have an Acceptable Use Policy (AUP) and perhaps a : Policies exist but are disconnected from workflows. are conducted manually using spreadsheets. Compliance relies on individuals remembering to follow the rules. : This model cannot scale. As AI use cases multiply, the privacy team becomes a bottleneck, forcing the business to bypass governance to maintain speed. Level 3: Standardized and repeatable for modern enterprise AI governance. The organization has defined what “High Risk” means under regulations (e.g., the EU AI Act) and has standardized templates for assessing it. : A central inventory of AI systems. Standardized risk scoring methodologies. Clear roles and responsibilities—someone owns the risk. : You are no longer reinventing the wheel for every new vendor or tool. You have a system of record. Level 4: Integrated and automated Here, AI risk governance becomes part of the business infrastructure. Governance is integrated into procurement, product development, and vendor onboarding. : Automated triggers, for example, purchasing a new software tool automatically initiates an AI risk assessment. Risk tiers dictate the depth of review (low risk gets a fast pass; high risk gets a deep dive). : Governance is no longer a “blocker”; it is a guardrail that enables the business to move fast, safely. Level 5: Continuous and defensible The pinnacle of AI oversight and accountability. The organization has real-time visibility into its AI risk posture. Governance is not a checkpoint; it is a continuous loop of monitoring, evaluation, and improvement. : Automated drift detection alerts human overseers when a model misbehaves. Evidence is generated automatically as a byproduct of operations. You are audit-ready every single day. : Trust. The Board, the regulators, and the customers trust the organization because the proof is undeniable. From intent to evidence: What “proof” looks like in AI governance In the world of compliance, if it isn’t documented, it didn’t happen. AI governance 2.0 demands that you can answer the following questions with hard evidence, not anecdotes: : Can you produce a list of all AI systems currently processing personal data? : Can you provide evidence that human oversight measures were implemented and remain active? : Can you demonstrate that you checked the model for bias deployment, not just before? If your answers rely on digging through email archives or asking a developer to “remember” what happened six months ago, your governance is not defensible. The operational pillars of mature AI governance To move up the maturity curve, you must build your program on four operational pillars. These are the load-bearing walls of your strategy. 1. Centralized intake and visibility You cannot govern what you cannot see. Mature programs establish a “front door” for all AI initiatives, whether built internally, bought from a vendor, or embedded in a SaaS tool. This eliminates blind spots and ensures that every AI system enters the AI governance lifecycle through a consistent process. 2. Risk-based assessments that scale Not all AI is created equal. A chatbot recommending lunch spots does not require the same scrutiny as an algorithm determining loan eligibility. Mature governance uses a tiered approach, classifying systems as Unacceptable, High, Limited, or Minimal risk to allocate resources effectively. This ensures you aren’t wasting time on low-risk tools while high-risk models go unchecked. 3. Lifecycle governance, not point-in-time review The biggest mistake in traditional governance is treating AI like a static software product. AI models evolve. Data inputs change. Mature governance requires continuous monitoring. Mechanisms must be in place to trigger reassessments when a model drifts, regulations change, or the deployment context shifts. 4. Embedded documentation and auditability Documentation should not be a chore performed before an audit; it should be an automatic byproduct of your workflow. Every risk score, every human intervention, and every mitigation step must be recorded in an accessible audit trail. This is the “proof” in “Policies to Proof.” “In the world of compliance, if it isn’t documented, it didn’t happen.” How privacy and AI leaders can mature their governance now You don’t need to burn everything down and start from scratch. In fact, privacy professionals are uniquely positioned to lead this charge because AI governance and privacy governance are complementary, not contradictory. Here is your operational checklist to jumpstart maturity: Use automated scanning or vendor questionnaires to find the AI already in your ecosystem. Don’t guess. Use established frameworks, such as the NIST AI RMF or the EU AI Act, to define what “high risk” means for your organization. Create a standard intake form. Ask the basic questions: What model is this? What data does it use? Who is the human in the loop?. You likely have a Data Protection Impact Assessment (DPIA) process. Extend it. Add AI-specific modules to your existing privacy assessments rather than building a parallel bureaucracy. If a tool is low-risk, automate the approval. Save your human brainpower for the complex, high-stakes decisions. Why next-generation AI governance will define enterprise readiness in 2026 The shift to AI Governance 2.0 is not just about avoiding fines; it is about “future-proofing” your organization. By 2026, the question will not be “Does this company use AI?” It will be “Can we trust this company’s AI?” The organizations that mature their governance today—moving from loose policies to rigorous, operational proof—will be the ones that deploy faster, innovate more safely, and win the market’s trust. You have the expertise. You have the frameworks. Now is the time to build the proof. AI Innovation, Secured. Governance, Proven. Move from static policies to operational proof. Automate risk assessments and continuous monitoring to deploy AI with confidence and stay ahead of global regulations like the EU AI Act. Smarter Assessments. Safer Partnerships. Eliminate blind spots in your supply chain. Automate vendor due diligence and streamline procurement workflows to ensure every third-party tool meets your rigorous privacy and security standards. ==================================================================================================== URL: https://trustarc.com/resource/what-it-means-to-be-a-privacy-hero-in-2026/ TITLE: What It Means to Be a Privacy Hero in 2026 TYPE: resource --- What It Means to Be a Privacy Hero in 2026 In the early days of digital compliance, the privacy office was often whispered about as the “Department of No.” It was viewed as a hurdle, a final, painful checkpoint where marketing dreams went to die and product launches were stalled by dense legalese. this year, that trope is officially extinct. The modern privacy professional has evolved. Today, they are the “Department of Yes, and Here’s How.” They are the architects of trust and the secret weapons of brand integrity. To celebrate this evolution, TrustArc launched the to honor those who move beyond “checking boxes” to actively build bridges between legal rigor and business growth. It is our distinct honor to announce our winner: Anastasiia Bazhmina, Business Systems Analyst at Northland. The Anatomy of a Hero: Beyond the Spreadsheet What makes a Privacy Hero? It isn’t just an encyclopedic knowledge of the amendment. It’s a specific blend of three “superpowers”: Methodological Rigor, Operational Empathy Superpower #1: Methodological Rigor (The Vetting Process) Great privacy programs aren’t built on guesswork. Anastasiia took on the monumental task of vetting over 15 vendors. In a “heroic” display of due diligence, she hunted for a partner that could handle the friction between global privacy regulations while preserving Northland’s user experience. This isn’t just about technical specs; it’s about defensibility. By conducting a rigorous evaluation, she ensured that the chosen solution wasn’t just a temporary fix, but a strategic move that reduced long-term risk and secured ongoing support. For those looking to replicate this rigor, evaluating privacy tech stacks i s the first step toward building a resilient program. Superpower #2: Operational Empathy (The Bridge-Builder) Privacy does not exist in a vacuum. For a program to succeed, it must be adopted by people who aren’t privacy experts. is the ability to see the world through the eyes of a developer, a marketer, or a sales lead. A hero knows that if a privacy control breaks the website or ruins the customer journey, the business will eventually find a way to bypass it. By empathizing with the “builders” of the company, heroes ensure that compliance feels like an upgrade, not a tax. Our winner exemplified this by specifically seeking a solution that “elevated the user experience” rather than just imposing a legal requirement. When you partner with the web team instead of policing them, you create a sustainable culture of compliance. Superpower #3: Strategic Vision (The Risk Mitigator) A “compliance officer” looks at what the law says today. A “Privacy Hero” looks at where the world is going tomorrow. Strategic Vision is about thinking three moves ahead in a game of global chess. This foresight allows a business to scale without rebuilding its foundations each time a new regulation is enacted. Instead of reactive, “check-the-box” moves, heroes implement forward-looking strategies designed to “reduce long-term risk.” By looking beyond the immediate need and planning for a future in which data transfers and consent requirements will only become more complex, leaders save their organizations millions in potential rework and reputational damage. Why the “Department of Yes” Wins Every Time In 2026, privacy is no longer a cost center, it is a competitive differentiator. Look at companies like Apple; they don’t treat privacy as a legal chore; they treat it as a product feature. Privacy Heroes like Anastasiia understand that every piece of data represents a person. By protecting that data, they are protecting the company’s most valuable asset: its reputation. Anastasiia proves that “doing your homework” isn’t just a cliché, it’s a professional superpower. Her dedication to vetting, focus on user experience, and strategic partner selection have fortified Northland’s program for years to come. She is a hero because she understands that Privacy is a Team Sport. It requires getting into the trenches with IT, Legal, and Marketing to ensure everyone moves forward safely and together. Conclusion: Your Journey to Becoming a Privacy Hero Anastasiia Bazhmina’s victory at Northland is an inspiration, but it’s also a call to action. Whether you are a “team of one” or leading a global department, you have the opportunity to be a hero in your own organization. Stop viewing your work as “fixing” problems. Start viewing it as building trust. Embodying the Heroic Traits: Be a Translator: Turn dense legislation into business-friendly guidance. automated privacy workflows to make compliance easy for your colleagues. Be an Adventurer: Embrace the ever-changing landscape of AI and data transfers with curiosity, not fear. The “Department of No” is dead. Long live the Privacy Hero. ==================================================================================================== URL: https://trustarc.com/resource/webinar-how-leading-teams-run-privacy-smarter-with-arc/ TITLE: How Leading Teams Run Privacy Smarter with Arc TYPE: resource --- How Leading Teams Run Privacy Smarter with Arc Privacy teams in 2026 face mounting pressure – from a surge of new and evolving regulations (including AI) to increasing regulator enforcement and growing customer-driven privacy actions. Keeping pace now requires more than expertise alone, but smarter and more efficient ways of working. Join TrustArc’s Chief Privacy Officer, TrustArc’s Privacy Solutions Engineer, and Edgewell’s Global Data Protection Officer, Dominika Partelova, for an exclusive, in-depth discussion on how privacy leaders are using TrustArc’s new evolution of its platform, called , to drive speed, scale, and savings: Save time on regulatory research and requirements interpretation Reduce the time your team spends on onboarding vendors, managing systems, creating disclosures, or generating assessments Eliminate duplication across compliance efforts and streamline audits Join us to see Arc in action and discover how privacy teams are transforming the way they work! General Counsel & Chief Privacy Officer, TrustArc Privacy Solutions Engineer, TrustArc Global Data Protection Officer, Edgewell ==================================================================================================== URL: https://trustarc.com/resource/consent-manager-under-dpdpa-vs-consent-management-platform/ TITLE: DPDPA Consent Manager vs. CMP: Key Differences Explained TYPE: resource --- These two concepts are often confused because both involve the word “consent,” but they operate at fundamentally different levels, serve different purposes, and exist in different regulatory contexts. Consent Manager Under India’s DPDPA Under India’s Digital Personal Data Protection Act, 2023 (DPDPA), India introduced a new concept of “Consent Manager”, which is defined as an entity or person registered with the Data Protection Board (DPB) of India, who acts as the point of contact for individuals (e.g., a user or consumer) to manage their consent across multiple organizations. The purpose of Consent Managers are to transmit an individual’s consent preferences to a Data Provider (e.g., a bank, hospital, e-commerce platform) or once validated forwards or blocks the request for Data Requester (e.g., a fintech, marketing firm, analytics agency). Consent Managers act on behalf of the individual, not the businesses, and do not access or store the actual data, only mediates and authorizes based on consent data. Under DPDPA, Consent Managers are not required for businesses. Records consent as a formal “consent artefact” Validates consent-based requests Forwards data access / withdrawal requests Blocks requests where valid consent does not exist A registered third-party intermediary : A Consent Manager must be registered with the Data Protection Board of India (DPB). It must be a company incorporated in India with adequate technical, operational, and financial capacity (minimum net worth of ₹2 crore / ~$233,000). Acts on behalf of the Data Principal (individual) : It is accountable to the individual — not to businesses (Data Fiduciaries). It provides a single point of contact for individuals to give, manage, review, and withdraw consent through an accessible, transparent, and interoperable platform. Does not access or store personal data : The Consent Manager mediates and validates consent but must ensure that personal data shared is not readable by the Consent Manager itself — it only handles consent artefacts (records of consent). : The DPDPA explicitly requires Consent Managers to avoid conflicts of interest with Data Fiduciaries, including those related to shareholding or key personnel relationships. Records consent artefacts for at least 7 years and must undergo audits reported to the DPB. Data Fiduciaries (businesses) may optionally integrate with registered Consent Managers. It is not mandatory for every business to use one, but if they do, it is through a registered and regulated channel. In short, A DPDPA Consent Manager is a government-registered, neutral intermediary that is designed for consumers, and is not required to be used by businesses under DPDPA. They are different from Consent Management Systems/Platforms (such as TrustArc Consent & Preference Manager ), which enables businesses to lawfully collect, validate, enforce, and demonstrate consent. Consent Management Platform (CMP) Consent Management Platform (CMP) , is an organization’s tool to manage the full consent lifecycle. The purpose is to enable businesses to lawfully collect and enforce consent. It is a regulatory requirement to capture and honor consent under many global privacy laws such as the GDPR, ePrivacy Directive, and others. Collect and enforce valid consent for tracking Provide configurable consent experiences Maintain audit-ready records : It is a technology tool often deployed by businesses to display cookie banners and capture user preferences. It is not required to be registered with any authority and does not need to be a separate incorporated company. Operates on behalf of the business (Data Controller) : Unlike the DPDPA Consent Manager, a CMP serves the business’s compliance needs, it helps them obtain and record valid consent from website visitors before setting non-essential cookies and allows users to opt in or out of categories of cookies (e.g., analytics, advertising, functional), display layered notices, and record consent strings. : CMPs often process consent records securely and may be treated as a Data Processor of the website operator, requiring a data processing agreement. No minimum financial or registration requirements from a regulatory standpoint — any company can build or provide a CMP. In short, a cookie CMP enables businesses to lawfully collect, validate, enforce, and demonstrate user consent for trackers across websites and mobile apps. CMPs that also manage broader consent preferences, including zero- and first-party data, are commonly referred to as “Consent & Preference Managers,” though they may still be labeled simply as a “CMP.” With TrustArc, you can manage both. As a Google-certified “Gold” CMP partner, TrustArc supports cookie and tracker consent through the TrustArc . Additionally, the TrustArc Consent and Preference Manager , allows organizations to collect, manage, and centrally orchestrate user-submitted preferences across multiple consent collection channels and martech systems, ensuring those preferences are consistently honored. Consent Manager under DPDPA Consent Management Platform (CMP) Software/technology product Must register with India’s DPB No regulatory registration required The individual (Data Principal) The business (Data Controller) Broad personal data consent across organizations Website/app cookie and tracker consent, zero and first party data consent and preferences Cannot read personal data — consent artefacts only May process consent and preference data Must be independent; no conflict of interest with businesses Deployed and configured by the business GDPR, ePrivacy Directive, CCPA, etc. Accountable to the Data Principal Accountable to the Data Controller A Consent Manager under India’s DPDPA and a Consent Management Platform (CMP) may sound similar, but they serve entirely different roles in the privacy ecosystem. A DPDPA Consent Manager is a government-registered, independent intermediary that acts on behalf of individuals (Data Principals). Its role is to facilitate, validate, and communicate consent across multiple organizations without ever accessing personal data itself. It is neutral, regulated, and optional for businesses, designed to give users centralized control over their consent decisions. In contrast, a Consent Management Platform (CMP) is a business-operated technology solution used to collect, manage, enforce, and demonstrate consent—typically for cookies and tracker, and sometimes can include marketing preferences within the same solution. CMPs are not regulated entities, operate on behalf of the business (Data Controller), and are often required to comply with consent requirements under DPDPA. A DPDPA Consent Manager empowers individuals across organizations as a trusted, regulated intermediary. A CMP enables businesses to comply with consent requirements within their own digital properties. Understanding this distinction is critical: they are complementary but not interchangeable, and a DPDPA Consent Manager is not a substitute for a CMP, nor is it mandatory for businesses to use one. Simplify Your India DPDPA Compliance Journey ==================================================================================================== URL: https://trustarc.com/resource/g2-grid-report-data-privacy-management/ TITLE: G2 Grid Report for Data Privacy Management | TrustArc TYPE: resource --- G2 Grid Report for Data Privacy Management Find out what real users say! Read powerful insights from real users in the latest edition of the Data Privacy Management Report from G2. The Spring 2026 report delves into the landscape of data privacy software vendors, spotlighting TrustArc as the industry leader based on the voices of real users. With authentic reviews guiding the rankings, see what matters to professionals who use software to help manage their data privacy programs. Download the full report now to equip yourself with the knowledge to lead your organization’s data privacy initiatives successfully and stay ahead of the curve. Discover why TrustArc tops the list for Data Privacy Management on G2 Grid for Spring 2026, a position validated by real user feedback. Understand the parameters G2 considers for creating the Grid report, including user satisfaction and trusted reviews that shape the ranking methodology. Learn about the must-have features and functionalities of top data privacy management software, as reported by real users. “TrustArc received the highest Satisfaction score among products in Data Privacy Management. 92% of users rated it 4 or 5 stars.” ==================================================================================================== URL: https://trustarc.com/resource/webinar-beyond-the-button-consent-as-a-regulatory-entry-point/ TITLE: April 28, 2026 - TrustArc + IAPP: Beyond the Button - Consent as a Regulatory Entry Point TYPE: resource --- TrustArc + IAPP: Beyond the Button – Consent as a Regulatory Entry Point California regulators are raising the bar on what it truly means to honor consumer opt-out rights. Posting a “Do Not Sell or Share” link is no longer enough. Organizations must be able to demonstrate that preferences are captured accurately, propagated across systems, and consistently enforced. Recent regulatory spot checks show that consent is increasingly being used as a catalyst for broader investigations. What starts as a review of an opt-out mechanism can quickly expand into scrutiny of data flows, vendor sharing, governance controls, and documentation. In many cases, consent becomes the tip of the spear – exposing deeper operational gaps. How regulators are evaluating opt-out and consent mechanisms Common operational breakdowns in capturing and enforcing preferences Why consent management is now a frontline enforcement trigger Practical steps to strengthen end-to-end opt-out governance How to move from “button compliance” to defensible operational control This session is designed for privacy leaders who want to ensure their opt-out processes stand up to real regulatory scrutiny, not just surface-level review. This webinar is eligible for 1 CPE credit. This webinar is in collaboration with IAPP. General Counsel & Chief Privacy Officer, TrustArc VP, Knowledge & Global DPO, TrustArc Member / Co-Chair, Privacy & Cybersecurity Practice, Mintz ==================================================================================================== URL: https://trustarc.com/resource/2026-global-cbpr-updates/ TITLE: 2026 Global CBPR Updates: Strengthening Privacy Interoperability TYPE: resource --- The world of data privacy is moving fast, and staying ahead of international transfer requirements is more critical than ever. Recently, the Global Forum Assembly (GFA) released significant updates to the Global Cross-Border Privacy Rules (CBPR) Program Requirements (PR). As a long-time leader in privacy certification, TrustArc is excited to welcome these changes, which are designed to make global data interoperability stronger and more reliable. Since the Global CBPR System launched in 2025, it has continued to evolve to meet the challenges of our complex global data ecosystem. The expands the framework from 50 to 57 Program Requirements , while also updating three existing standards. These updates reflect the continued evolution of the Global CBPR System as a trusted privacy framework enabling data protection and cross-border data transfers across participating Member jurisdictions. These include its Members: Australia, Canada, Chinese Taipei, Japan, Mexico, the Philippines, the Republic of Korea (South Korea), Singapore, the United States, and the Dubai International Financial Centre (DIFC). Its Associate Members include: Bermuda, Nigeria, Mauritius, and the United Kingdom. These changes focus on three core pillars: strengthening individual choice and increasing organizational accountability. The updated System PRs introduce several enhanced measures that organizations must implement: : New requirements focus on stronger protections for sensitive and children’s data. Organizations must now conduct formal risk assessments, implement mitigation procedures, and follow strict breach notification obligations for impacted individuals. : Individuals must be given clearer options for direct marketing. Companies are now required to document these preferences and provide easy mechanisms for individuals to withdraw consent. : Organizations must maintain detailed records of processing activities. Additionally, there is a new emphasis on expertise; those responsible for privacy programs must possess appropriate professional qualifications. Navigating the New Landscape with TrustArc With nearly 30 years of experience, TrustArc was the first government-approved Accountability Agent for CBPR. Through our TRUSTe certification offerings , we help organizations navigate these government-backed international data transfer tools with confidence. “The updates strengthen harm prevention, choice, and accountability for individuals while providing participating organizations a reliable and efficient framework to transfer data responsibly across borders.” Noël Luke, Chief Assurance Officer at TrustArc Whether you are looking to certify a new program or update an existing one, we are committed to helping you understand and adopt these new requirements. In an era of AI and rapid regulatory shifts, demonstrating compliance and building trust with regulators and consumers is no longer optional – it’s a competitive advantage. Is your global data transfer strategy ready for 2026? Elevate your brand’s international credibility by mastering the latest evolution in data privacy through TrustArc’s Global CBPR and PRP certifications. ==================================================================================================== URL: https://trustarc.com/resource/webinar-product-counseling-in-practice-privacy-ready-products-with-snapchat/ TITLE: May 26, 2026 - Product Counseling in Practice: Privacy-Ready Products with Snapchat TYPE: resource --- Product Counseling in Practice: Privacy-Ready Products with Snapchat Product innovation is moving faster than ever, and privacy and legal teams are increasingly expected to keep pace. As organizations adopt a privacy-by-design approach, product counseling – the practice of embedding privacy and legal expertise directly into the product development process – has become a critical function for aligning privacy, legal, and product teams early in the development lifecycle. Join privacy and product experts from TrustArc and Snapchat as they explore how organizations can successfully integrate privacy expertise into product development without slowing innovation. This webinar will review: How regulators are evaluating opt-out and consent mechanisms How privacy and legal teams can effectively partner with product teams Practical frameworks for integrating privacy into the product development lifecycle Common challenges in product counseling and how to overcome them Key practices from experienced privacy and product leaders This webinar is eligible for 1 CPE credit. Senior Product Manager, TrustArc Senior Privacy Consultant, TrustArc Product Counsel, Snapchat ==================================================================================================== URL: https://trustarc.com/resource/g2-grid-report-enterprise-consent-management-platform/ TITLE: G2 Enterprise Consent Management Platform Report | TrustArc TYPE: resource --- G2 Enterprise Consent Management Platform Report Find out what real users say! Read powerful insights from real users in the latest edition of the Enterprise Consent Management Platform Report from G2. The Spring 2026 report delves into the landscape of consent management vendors, spotlighting TrustArc as the industry leader based on the voices of real users. With authentic reviews guiding the rankings, see what matters to professionals who use software to help manage consent. Download the full report now to equip yourself with the knowledge to lead your organization’s consent initiatives successfully and stay ahead of the curve. Discover why TrustArc tops the list for Enterprise Consent Management Platform on G2 Grid for Spring 2026, a position validated by real user feedback. Understand the parameters G2 considers for creating the Grid report, including user satisfaction and trusted reviews that shape the ranking methodology. Learn about the must-have features and functionalities of top consent management platforms, as reported by real users. “TrustArc received the highest Satisfaction score among products in Enterprise Consent Management Platform. 96% of users rated it 4 or 5 stars.” ==================================================================================================== URL: https://trustarc.com/resource/privacy-enforcement-surging-2026/ TITLE: Privacy Enforcement Is Surging in 2026 — Key Compliance Failures to Fix Now TYPE: resource --- Many organizations still operate under a dangerous assumption: “We have a cookie banner on our website, so we’re covered from a compliance perspective.” In practice, regulators are increasingly evaluating how consent actually functions in real-world environments. That’s why many organizations are conducting formal consent and consumer rights reviews to ensure their mechanisms operate as intended. Unfortunately, 2026 is proving to be the year that regulators “look under the hood.” Recent enforcement actions show that consent failures are rarely about the presence or absence of a banner alone. Instead, they often stem from deeper operational issues: misconfigured consent tools, broken opt-out mechanisms, and interface designs that make privacy choices harder than they should be. Whether the issue is ignored browser opt-out signals, advertising cookies that continue operating after a consumer opts out, or “dark patterns” that make privacy choices harder to exercise, the message is the same: is not just a banner. It is a compliance system. Regulators Are Looking Beyond the Banner Privacy regulators are no longer satisfied with surface-level compliance. They are increasingly evaluating how consent mechanisms function in practice. In California, a record-breaking wave of enforcement , totalling over $9 million in fines (since 2025), has targeted companies that fail to bridge the gap between their privacy policy and their technical implementation. The 2026 Enforcement Snapshot: Enforcer & Primary Compliance Failure California Attorney General Regulators found that Disney did not properly apply consumer opt-out requests across its streaming services and devices[cite: 149]. Issues included: Opt-out settings applied only to specific devices instead of the entire account[cite: 149]. Connected TV users were directed to webforms instead of in-app opt-outs[cite: 149]. GPC signals were not applied consistently across account devices[cite: 149]. Data sharing continued after opt-out requests[cite: 149]. PlayOn Sports — $1,100,000 Issues were identified regarding data collection via their digital ticketing platform[cite: 149]. Issues included: Cookie banners required “Agree” with no equivalent option to decline[cite: 149]. Phone/email opt-out mechanisms failed to stop website tracking[cite: 149]. Failure to honor Opt-Out Preference Signals/GPC[cite: 149]. Outdated privacy policy that did not explain opt-out rights[cite: 150]. Ford Motor Company — $375,703 Determined that unnecessary barriers were created for consumers trying to opt out[cite: 150]. Under CCPA, companies may not require identity verification for opt-out of sale/sharing[cite: 150]. Issues included: Requiring identity and email verification before processing opt-outs[cite: 150]. Treating requests as “expired” if verification was incomplete[cite: 150]. Failing to process requests without email confirmation[cite: 150]. For a broader look at the California enforcement landscape, see California’s Privacy Watchdogs Are Biting: Key Lessons from Recent CCPA Enforcement Actions. The posture is expanding beyond California. In late 2025, regulators from California, Colorado, and Connecticut launched a joint GPC sweep. Other notable U.S. actions include: : Issued 38 cure letters in 2025, primarily targeting denied deletion requests. : Conducted five privacy notice sweeps and two cookie banner sweeps. : Launched a dedicated privacy enforcement team in 2024, targeting minors’ privacy and TDPSA violations. UK ICO and EU Enforcement Sweeps The UK’s Information Commissioner’s Office (ICO) has systematically expanded its crackdown to include the top 1,000 websites. Common ICO findings include dropping tracking cookies (like Google Analytics) before consent is given or failing to provide a visible “Reject All” option.In the EU, jurisdictions require affirmative opt-in consent before any non-essential trackers are loaded. Notable actions include: : Dutch DPA issued formal warnings to 200+ websites over cookie banners and increased monitoring since April, including fined Kruidvat €600K for pre-ticked consent boxes : The Danish DPA recommended a DKK 50,000 fine against an employment agency that deleted personal data after receiving an access request, effectively denying the right. : The Hungarian DPA fined a bank for failing to inform a data subject of their right to lodge a complaint after a deletion request. : The Agencia Española de Protección de Datos (AEPD) ordered a telecom to certify compliance with a data portability request within 10 days, threatening GDPR Art. 58.2 sanctions. : Fined a sports company €20,000 for failing to respond to deletion requests and lacking proper DSR mechanisms. : Fined Ambitions People Group €6,000 for ignoring nine deletion requests, and Experian €2.7M for broader GDPR violations. Why Implementations Fail in Practice The biggest misconception in consent management is that implementation is a “set it and forget it” task. Modern websites are dynamic—marketing tags change, new pixels are deployed, and scripts evolve. Over time, these changes create gaps. Failure to Honor Browser Privacy Signals (GPC) Global Privacy Control (GPC) has shown up repeatedly in enforcement. In the settlement, regulators found that Disney restricted GPC signals to individual devices even when users were logged into their accounts. : It is not enough to capture a signal and apply it to that device; if the user is logged in or known, the signal must be consistently honored across your entire data stack. Broken Opt-Out & DSR Mechanisms One recurring theme in enforcement is the failure to provide a working, meaningful opt-out. was fined by the California Privacy Protection Agency after allegations that it tracked users and served targeted advertising without a sufficient opt-out mechanism. The mechanism used dark patterns that forced consumers into agreeing to sale/sharing of their personal data. also faced enforcement tied to failures to properly honor opt-out rights and provide required notices. Regulators are specifically targeting “DSR friction,” such as: : Under CCPA, companies may not require identity verification for opt-out of sale or sharing requests. : Mechanisms (like phone or email) that do not actually stop web-based tracking technologies. Failure to Honor Withdrawals : Not processing deletion or portability requests within required timeframes. These cases reinforce a practical lesson for privacy teams: an opt-out link or settings page is not enough if the mechanism is confusing, incomplete, or ineffective. Ignoring Privacy Signals Is Becoming Harder to Defend Another major issue is failure to recognize and honor privacy signals such as The growing importance of GPC has shown up repeatedly in enforcement and regulatory guidance, starting with the 2022 Sephora settlement Disney streaming services settlement , opt-out implementation issues and failures related to honoring privacy signals were part of the scrutiny. Similar themes have also appeared in other California enforcement settlements. This is a critical point for organizations that rely on multiple vendors, tracking technologies, and consent layers. It is not enough for privacy teams to assume that GPC is being captured somewhere in the stack. It must be consistently honored and translated into action meaning the opt-out signal needs to be honored across all systems and channels where there is sale/sharing of personal data. If browser-based privacy choices are ignored, the presence of a banner will do little to reduce enforcement exposure. Misconfigured Cookie Banners Are Still a Major Weak Spot Some of the most striking enforcement outcomes have involved websites that appeared to have consent tools in place but were not configured correctly. Shein was fined €150 million for placing advertising cookies without valid user consent. That action illustrates that this is not just a California issue. Regulators globally are taking a closer look at how cookie banners are implemented and whether they are working properly. For privacy teams, the lesson is simple: the existence of a cookie banner does not prove that consent controls are working. Design Choices Can Also Become Compliance Failures Consent compliance is not only about code. It is also about user experience. Regulators have made clear that and asymmetrical choice design can undermine valid consent. If accepting tracking is fast and obvious, but rejecting it is buried behind extra clicks or vague wording, regulators may view that as an unlawful impairment of user choice. This is one of the most important shifts in privacy enforcement. Consent and preference management design is now being evaluated as part of compliance. That means privacy, legal, marketing, and web teams all need to work together to assess questions like: Is “Reject All” as visible as “Accept All”? Are choices presented symmetrically? Is the language clear and understandable? Are users nudged toward the outcome the business prefers? These are no longer just design questions. They are compliance questions. For a closer look at how this issue played out in a specific case, see What Honda’s $632,500 CCPA Fine Teaches Us About Lawful Data Processing Why Consent Compliance Breaks Over Time One reason cookie banner implementations keep failing is that websites are constantly changing. A consent setup may appear compliant at launch, then drift over time because of: new advertising or analytics tools changes in tag manager configurations updates to consent platform settings inconsistent implementation across domains, regions, or properties Organizations that test once and move on may miss issues that emerge later, especially when multiple teams influence the website experience. To reduce risk, privacy teams should treat consent management as a continuous review and monitoring process. Validate banner configuration regularly: Ensure cookies are blocked until the correct signal is received. Review opt-out flows end-to-end: Confirm that user choices are actually honored across downstream vendor activity. Honor browser-based privacy signals: Verify that GPC is detected and applied consistently across browsers and devices. Assess consent UX for dark patterns: Is your “Reject All” button as visible as your “Accept All” button? Reassess vendor and tracking behavior: Make sure third-party technologies, contracts, and configurations align with the user choices being captured. Steps for DSR and Opt-Out Compliance Lower Friction for Submissions : Offer simple submission methods and only ask for the minimum information necessary to process the request. Eliminate Verification for Opt-Outs : Treat submitted opt-out requests as valid upon receipt without requiring email confirmation steps. : Ensure opt-out signals are translated to all downstream systems and third-party ad tech. : Retain logs of all DSR submissions, banner changes, and scan results with timestamps to provide proof of compliance to regulators A TrustArc privacy expert will evaluate key aspects of your implementation, including: Banner configuration and consent flows Opt-out mechanisms and user choice controls Recognition of browser-based signals (GPC) Potential UX risks and dark patterns Organizations that want a better understanding of whether their current setup is aligned with evolving expectations can also Whether it’s Disney, PlayOn Sports, or Ford, the conclusion is the same: Consent failures are operational failures . A banner alone does not make a website compliant; what matters is whether the underlying system supports meaningful user choice. Because when regulators review your site, they aren’t just looking for a banner. They are looking for proof that it works. Disclaimer: This review is provided for informational purposes and should not be construed as legal advice. TrustArc is not a law firm. Consent & Rights, Covered from Click to Completion. Make consent management and consumer rights requests a breeze. Centralize consent, streamline DSR fulfillment, and scale compliance across every touchpoint without compromising user trust. ==================================================================================================== URL: https://trustarc.com/resource/privacy-roi-checklist/ TITLE: Privacy ROI Checklist Download | TrustArc TYPE: resource --- Privacy ROI Checklist: Your Guide to the 7 Essentials of Modern Privacy What’s the fastest way to unlock privacy ROI and build a program that scales with your business? It starts with focusing on the fundamentals that drive both compliance and operational impact. Looking for deeper insights into how leading organizations quantify and scale privacy ROI? The Privacy ROI Checklist breaks down seven essential pillars of modern privacy into clear, actionable steps. From identifying high-risk data processing to managing consent, vendor risk, and regulatory change, this resource helps you connect privacy activities directly to business value. Whether you’re optimizing an existing program or building toward greater maturity, this checklist provides a practical framework for reducing risk, improving efficiency, and demonstrating measurable progress. Identify and assess high-risk data processing activities before they become issues. Strengthen workflows across consent, data subject requests, and vendor management. Build a structured, repeatable approach that supports growth and evolving regulatory demands. “Privacy isn’t just a requirement, it’s a driver of efficiency, agility, and long-term business value.” ==================================================================================================== URL: https://trustarc.com/resource/webinar-2026-global-privacy-benchmarks-report-trends-and-perspectives/ TITLE: May 5, 2026 - 2026 Global Privacy Benchmarks Report: Trends and Perspectives TYPE: resource --- 2026 Global Privacy Benchmarks Report: Trends and Perspectives Privacy expectations are rising, and many organizations are struggling to keep pace. seventh annual TrustArc Global Privacy Benchmarks Report , we feature insights from 1,800+ privacy leaders and business professionals worldwide. We’ll break down the key findings shaping privacy programs this year, from AI governance and operational maturity to the technologies and frameworks that distinguish top performers. In this webinar, we’ll cover: Why privacy capability declined overall in 2026 How integrated privacy technology impacts performance Where AI is creating new governance challenges What high-performing programs are doing differently Register today to benchmark your strategy and learn where privacy is headed next. This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Co-Founder and Principal, Golfdale Consulting Watch the 2025 Global Privacy Benchmarks Survey: Trends and Perspectives ==================================================================================================== URL: https://trustarc.com/resource/webinar-preparing-for-indias-data-protection-bill/ TITLE: Preparing For India’s Data Protection Bill | TrustArc TYPE: resource --- Preparing For India’s Data Protection Bill This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Co-Host, Serious Privacy Podcast Associate General Counsel, Research, TrustArc It’s India’s turn to introduce its data privacy law! The Personal Data Protection Bill (PDPB) is expected to come into effect any day now. In November 2020, the joint parliamentary committee studying India’s proposed data protection law made several recommendations. The PDPB is currently pending consideration by the Indian Parliament and may undergo significant changes to its current form. What will the new PDP Bill include? What does it mean for your business? Join the TrustArc privacy experts to get an overview of India’s Data Protection Bill requirements and better understand what actions your organization needs to take to address this law. This webinar is eligible for 1 CPE credit. Watch this on-demand webinar to learn about: The key components of the India’s Data Protection Bill The PDPB’s implications to your business The similarities and differences with the other global regulations (GDPR, Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-is-your-privacy-program-ready-for-a-funding-series/ TITLE: Is your Privacy Program Ready for a Funding Series? | TrustArc TYPE: resource --- Raising capital is necessary, and a sometimes painful task most companies endure. Positioning your company, team, and product in a way that is irresistible for investors is an art. So why do you need to think about your Privacy Program when knocking on investors’ doors? A strong privacy understanding and prioritization will be a differentiator with investors. Every business must deal with privacy in some capacity, but those who can incorporate it into their DNA will establish they are planning forward. Our special guest, Beatrice Botti, VP – Global Data & Privacy Officer at DoubleVerify will discuss how privacy plays a role in her company growth, and our expert panellists will help you identify the right steps to make privacy a key differentiator that will set you apart even more in your next funding round. Why building a privacy program will benefit your company How to build a robust privacy management program that’s ready for investor questions How to grow privacy as a competitive differentiator while building your company How PrivacyCentral will scale with you and optimize Privacy workflows ==================================================================================================== URL: https://trustarc.com/resource/webinar-how-to-prepare-your-business-for-privacy-changes-in-the-middle-east-north-africa/ TITLE: How to Prepare Your Business for Privacy Changes in the Middle East & North Africa | TrustArc TYPE: resource --- Look out! The Middle East and North Africa are following in the footsteps of the US and Europe when it comes to privacy regulations. Six new data privacy laws were introduced recently, and there are more on the way. On March 22, 2022, Saudi Arabia’s first comprehensive national data protection law took effect a few days ago. All businesses operating in Saudi Arabia or processing the data of Saudi residents now need to assess their activities and security systems. And not surprisingly, this law isn’t a carbon copy of any law you’ve mapped before, like GDPR, CCPA or even . So how can you make sure your business is compliant and ready? Join our panel in this webinar as we explore the Middle East and North Africa privacy laws, focusing on the new Saudi Arabia’s Personal Data Protection Law (PDPL). We will discuss how those laws impact your business and what to undertake to comply rapidly. The key components of Saudi Arabia, Egypt, Israel, and Turkey privacy laws The implications to your business The similarities and differences with the other global regulations (GDPR, PIPL, LGPD) ==================================================================================================== URL: https://trustarc.com/resource/webinar-digital-security-privacy-two-sides-of-the-same-coin/ TITLE: Digital Security & Privacy: Two Sides of the Same Coin | TrustArc TYPE: resource --- Digital Security & Privacy: Two Sides of the Same Coin This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Senior Privacy Consultant Co-Host, Serious Privacy Podcast Senior Privacy Consultant As technology progresses seamlessly into every corner of our daily life, digital security and data privacy are becoming inextricably entwined. Maintaining security against outside parties’ unwanted attempts to access personal data and protecting privacy from those we don’t consent to share information with have become equally important. Why are digital data security and privacy management becoming so crucial for companies? How to keep your customers’ data safe? Join our panel in this webinar as we explore data security and privacy risks and how your company can face them, hence increasing customer trust. This on-demand webinar reviews: Why digital security and data privacy are connected and equally important How to reduce digital security and privacy risks while increasing customer trust How to achieve impeccable digital data security and privacy management Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-privacy-management-made-simple/ TITLE: Privacy Management Made Simple | TrustArc TYPE: resource --- Privacy Management Made Simple This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. General Counsel & Chief Privacy Officer, TrustArc Product Marketing Manager, TrustArc Managing a privacy program for your business is complicated. Between new regulations being introduced and previous regulations changing, it’s hard to keep up. Why are there so many privacy regulations? How do you know which laws apply to your business? What should you be doing to protect customer and vendor information? The multitude of privacy regulations often leaves people with more questions than answers. However, these privacy laws have more in common than you may realize. You don’t have to be a privacy expert to understand privacy management. Join GoTo and TrustArc’s privacy experts, as we break down privacy management into simple steps anyone can understand. Why your organization needs a plan for managing privacy The basic fundamentals of a privacy program Simplified steps you can take to implement privacy management Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-uks-post-brexit-gdpr-reforms-what-to-expect-how-to-adapt/ TITLE: UK's Post-Brexit GDPR Reforms: What to Expect, How to Adapt | TrustArc TYPE: resource --- UK's Post-Brexit GDPR Reforms: What to Expect, How to Adapt This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Senior Privacy Consultant Associate General Counsel, Research, TrustArc On January 1 2021, the UK formally and effectively left the European Union. As a result, the no longer applies in the UK. Currently, the UK DPA 2018 sets out the data protection framework in the UK. Are you UK-DPA compliant? What are some of the expected data protection reforms from UK authorities? Join our panel in this webinar as we explore the current rules on transfers of personal data between the UK and the EU and how your company can comply. This on-demand webinar reviews: What the Brexit changes in terms of data privacy The main differences between the UK-DPA and the EU-GDPR How to become compliant in both the EU and the UK Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-what-are-the-benefits-of-moving-from-a-spreadsheet-to-a-privacy-software/ TITLE: What Are the Benefits of Moving From a Spreadsheet to a Privacy Software? | TrustArc TYPE: resource --- What Are the Benefits of Moving From a Spreadsheet to a Privacy Software? This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Head, Customer Enablement & Principal, Data Privacy, TrustArc Years ago, it was possible to manage a privacy program using spreadsheets. Now, privacy spreadsheet management has become time-consuming, exhausting, and anything but collaborative. According to our 2021 benchmark report, executives who use privacy software rate their privacy competence and confidence 19 points higher than those who use spreadsheets! What are the current problems with privacy spreadsheets? What if there was a way to simplify privacy management? What if you could operationalize privacy into business value? Join our panel in this webinar as we explore the benefits of moving from a spreadsheet to a privacy software and how your company can achieve this shift. Why are spreadsheets not enough to stay compliant How to move from a spreadsheet to a privacy software How to grow privacy as a competitive differentiator Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-your-ultimate-2023-privacy-compliance-roadmap/ TITLE: Your Ultimate 2023 Privacy Compliance Roadmap | TrustArc TYPE: resource --- Your Ultimate 2023 Privacy Compliance Roadmap In 2023, we will see more regulations not only in the law books, but coming into enforcement with regulators. Now more than ever, organizations need a comprehensive data privacy program in place as they need to adapt for local, state, federal and even international privacy requirements scheduled over the next 12 months. What are the privacy regulatory changes expected in 2023 and what does it mean for your business? What do you need to get done right now to be compliant? Join TrustArc and DoubleVerify privacy experts, as they break down the changes you need to know about in 2023 and hear about the concrete, actionable steps you need to take in the new year to get prepared. This webinar will review: Key changes to privacy regulations in 2023 Key themes in privacy and data governance in 2023 What you should include in your 2023 data privacy roadmap How to get your organization prepared for 2023 privacy regulations Associate General Counsel, Research, TrustArc VP, Knowledge & Global DPO, TrustArc VP, Chief Privacy Officer, DoubleVerify Your Ultimate 2023 Privacy Compliance Roadmap This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Associate General Counsel, Research, TrustArc VP, Knowledge & Global DPO, TrustArc VP, Chief Privacy Officer, DoubleVerify In 2023, we will see more regulations not only in the law books, but coming into enforcement with regulators. Now more than ever, organizations need a comprehensive data privacy program in place as they need to adapt for local, state, federal and even international privacy requirements scheduled over the next 12 months. What are the privacy regulatory changes expected in 2023 and what does it mean for your business? What do you need to get done right now to be compliant? Join TrustArc and DoubleVerify privacy experts, as they break down the changes you need to know about in 2023 and hear about the concrete, actionable steps you need to take in the new year to get prepared. This webinar will review: Key changes to privacy regulations in 2023 Key themes in privacy and data governance in 2023 What you should include in your 2023 data privacy roadmap How to get your organization prepared for 2023 privacy regulations Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-is-your-consent-and-preferences-strategy-cpra-proof/ TITLE: Is Your Consent and Preferences Strategy CPRA-Proof? | TrustArc TYPE: resource --- Is Your Consent and Preferences Strategy CPRA-Proof? This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. VP, Knowledge & Global DPO, TrustArc Privacy Counsel, TrustArc Consent and preferences enable brands to take customer relationships to new levels of customization and trust. But stringent regulations such as CCPA/CPRA bring new regulatory obligations (read: consent history/validity), that put in question a marketer’s ability to leverage preference data to its full potential. Add to that, with CPRA regulations extended to employee rights in addition to consumers, businesses need to start thinking about their HR data in addition to B2B data. In this webinar, we help you understand how to CPRA proof your consent and preferences management. Tracking consent and preferences for trust and engagement Leveraging consent & preferences to track B2B and HR data for compliance Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-future-proof-your-workplace-privacy-approach-for-cpra-and-beyond/ TITLE: Future-Proof Your Workplace Privacy Approach for CPRA and Beyond | TrustArc TYPE: resource --- Future-Proof Your Workplace Privacy Approach for CPRA and Beyond This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Privacy Counsel, TrustArc Privacy, Data Security and Social Media Practice Group Leader, Jackson Lewis P.C. Associate, Data Privacy and Workplace Monitoring, BakerHostetler The California Privacy Rights Act (CPRA) is coming fast and even companies currently complying with the California Consumer Privacy Act (CCPA) will face new challenges, including the protection of human resource (HR) data, something previously exempt under the CCPA. Before the CPRA comes into effect, HR professionals need to be prepared to understand and comply with this new legislation. While employers’ were previously obligated to provide disclosure notices, they will now be required to provide their employees with the right to access, correct, and delete data. Join our panel in this webinar as we explore what employers need to consider to be compliant with CPRA. Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-cross-contextual-advertising-rethinking-how-consumer-data-is-managed/ TITLE: Cross-Contextual Advertising: Rethinking How Consumer Data Is Managed | TrustArc TYPE: resource --- Cross-Contextual Advertising: Rethinking How Consumer Data Is Managed This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Senior Privacy Consultant, TrustArc Vice President – Digital Operations & Compliance, Publishers Clearing House Post-2020, the rise of social media platforms and third-party cookies tracking users across the internet generated massive volumes of personal data. The goal of cross-contextual advertising is simple: display relevant ads based on consumers’ browsing history and preferences. However, data is often collected, stored, and shared across organizations without knowledge or consent. At the same time, we see more and more regulations from governments and consumers questioning how companies use their data. In this webinar, we explore tactics and strategies your marketing department should implement in a consumer-first privacy landscape to build trust and grow revenue at the same time. The laws and regulations governing advertising technologies How advertising and data privacy can work together How to address the privacy issues related to cross-contextual advertising Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-privacy-security-it-the-venn-diagram-of-compliance/ TITLE: Privacy, Security, & IT: The Venn Diagram of Compliance | TrustArc TYPE: resource --- Privacy, Security, and IT have similar goals. Unfortunately, they sometimes have a conflicting relationship inside an organization. Today, we know that compliance with data privacy laws is not exclusively the responsibility of the compliance office. But what’s the line between privacy, security, and IT? How can organizations achieve harmony and collaboration between those disciplines? Join our panel in this webinar as we explore how privacy, IT, and security can work together to create a more secure, privacy-focused and compliant organization. This webinar will review: The differences between privacy, IT, and security How these disciplines overlap and yet complement each other How to achieve an efficient collaboration between the IT/Security and Legal departments ==================================================================================================== URL: https://trustarc.com/resource/webinar-why-your-company-needs-a-privacy-culture-where-to-start/ TITLE: Why Your Company Needs A Privacy Culture & Where To Start | TrustArc TYPE: resource --- Why Your Company Needs A Privacy Culture & Where To Start Data privacy is so much more than legal compliance! We believe legal compliance should be the result of a successful privacy program, not the goal. Moreover, companies should use personal data to support broader strategic objectives. How to build an understanding of privacy at your company’s cultural level? How to get the necessary resources for your privacy program? In this webinar, we explore how creating a culture of privacy within your organization can make it become a top priority and help building an efficient privacy program. This webinar will review: The different steps to build a privacy culture How personal data supports other business objectives How your privacy program can drive alignment with other departments in your company Senior Global Privacy Manager, TrustArc Privacy Counsel, TrustArc Why Your Company Needs A Privacy Culture & Where To Start This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Senior Global Privacy Manager, TrustArc Privacy Counsel, TrustArc Data privacy is so much more than legal compliance! We believe legal compliance should be the result of a successful privacy program, not the goal. Moreover, companies should use personal data to support broader strategic objectives. How to build an understanding of privacy at your company’s cultural level? How to get the necessary resources for your privacy program? In this webinar, we explore how creating a culture of privacy within your organization can make it become a top priority and help building an efficient privacy program. This webinar will review: The different steps to build a privacy culture How personal data supports other business objectives How your privacy program can drive alignment with other departments in your company Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-understanding-the-3-key-practices-for-dpia-compliance/ TITLE: Understanding the 3 Key Practices for DPIA Compliance | TrustArc TYPE: resource --- Understanding the 3 Key Practices for DPIA Compliance In 2018, the introduction of GDPR mandated that all organizations operating within the borders of the European Union must be responsible stewards of the data that they collect and ensure all data business activities are conducted in a safe manner. To guarantee compliance, GDPR requires all organizations to fill out and readily have available completed Privacy Impact Assessments (PIA) and Data Protection Impact Assessments (DPIA) to clearly identify and mitigate risk associated with a product, service, business process, or other organizational change. Filling out DPIAs incorrectly can leave you open to risk and TrustArc’s experts will show you how to make them bulletproof. This webinar will review: What is a PIA versus DPIA and why are they important? The 3 key practices for DPIA How privacy software can save you resources in achieving PIA/DPIA compliance Head, Customer Enablement & Principal, Data Privacy, TrustArc European Senior Privacy & Data Protection Counsel, General Electric Company VP, Knowledge & Global DPO, TrustArc Understanding the 3 Key Practices for DPIA Compliance This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Co-Host, Serious Privacy Podcast European Senior Privacy & Data Protection Counsel, General Electric Company VP, Knowledge & Global DPO, TrustArc In 2018, the introduction of GDPR mandated that all organizations operating within the borders of the European Union must be responsible stewards of the data that they collect and ensure all data business activities are conducted in a safe manner. To guarantee compliance, GDPR requires all organizations to fill out and readily have available completed Privacy Impact Assessments (PIA) and Data Protection Impact Assessments (DPIA) to clearly identify and mitigate risk associated with a product, service, business process, or other organizational change. Filling out DPIAs incorrectly can leave you open to risk and TrustArc’s experts will show you how to make them bulletproof. This webinar will review: What is a PIA versus DPIA and why are they important? The 3 key practices for DPIA How privacy software can save you resources in achieving PIA/DPIA compliance Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-building-trust-and-competitive-advantage-the-value-of-privacy-certifications/ TITLE: Building Trust and Competitive Advantage: The Value of Privacy Certifications | TrustArc TYPE: resource --- Building Trust and Competitive Advantage: The Value of Privacy Certifications As privacy concerns continue to grow, businesses are under increased pressure to demonstrate their commitment to protecting personal data. Privacy certifications are emerging as a way for organizations to demonstrate they are taking privacy seriously and following best practices. Whether you are a small business or a large corporation, understanding the value of privacy certifications and how they can help you demonstrate your commitment to protecting personal data is important. Join our experts in this webinar as they go over the importance of how privacy certifications can unlock business value and help you stay ahead of the competition in today’s privacy-conscious landscape. Join the TrustArc privacy experts to learn: The rise of privacy certifications Different types of available privacy certifications The benefits of obtaining certifications How to leverage privacy certifications to unlock business value Chief Assurance Officer, TrustArc VP, Deputy General Counsel & Global Data Privacy Officer, Imperva Building Trust and Competitive Advantage: The Value of Privacy Certifications This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Chief Assurance Officer, TrustArc VP, Deputy General Counsel & Global Data Privacy Officer, Imperva As privacy concerns continue to grow, businesses are under increased pressure to demonstrate their commitment to protecting personal data. Privacy certifications are emerging as a way for organizations to demonstrate they are taking privacy seriously and following best practices. Whether you are a small business or a large corporation, understanding the value of privacy certifications and how they can help you demonstrate your commitment to protecting personal data is important. Join our experts in this webinar as they go over the importance of how privacy certifications can unlock business value and help you stay ahead of the competition in today’s privacy-conscious landscape. Join the TrustArc privacy experts to learn: The rise of privacy certifications Different types of available privacy certifications The benefits of obtaining certifications How to leverage privacy certifications to unlock business value Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-navigating-the-privacy-landscape-in-2023-insights-from-a-global-corporate-survey/ TITLE: Navigating the Privacy Landscape in 2023: Insights from a Global Corporate Survey | TrustArc TYPE: resource --- Navigating the Privacy Landscape in 2023: Insights from a Global Corporate Survey Discover how organizational priorities and strategic approaches to data security and privacy are developing across the globe. Gain a deeper understanding of how your organization’s privacy program compares to those of your peers and learn about the emerging trends that will shape the future of privacy. Hear insights from more than 1,500 global privacy professionals and business executives. Our 4th Annual Global Privacy Benchmarks Survey presents a comprehensive analysis of the progress made by privacy programs in the past year, the expansion of privacy teams, and the most pressing privacy challenges faced by organizations. This webinar will review: A retrospective analysis of how the privacy and privacy outcomes have evolved over the years, and how they have impacted the privacy landscape Detailed analysis of legislation around the world has had an impact on organizations Insights into how organizations are addressing privacy challenges and the best practices that have emerged in response to them Co-Founder and Principal, Golfdale Consulting Associate General Counsel, Research, TrustArc Navigating the Privacy Landscape in 2023: Insights from a Global Corporate Survey This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Senior Privacy Consultant, TrustArc Vice President – Digital Operations & Compliance, Publishers Clearing House Discover how organizational priorities and strategic approaches to data security and privacy are developing across the globe. Gain a deeper understanding of how your organization’s privacy program compares to those of your peers and learn about the emerging trends that will shape the future of privacy. Hear insights from more than 1,500 global privacy professionals and business executives. Our 4th Annual Global Privacy Benchmarks Survey presents a comprehensive analysis of the progress made by privacy programs in the past year, the expansion of privacy teams, and the most pressing privacy challenges faced by organizations. This webinar will review: A retrospective analysis of how the privacy and privacy outcomes have evolved over the years, and how they have impacted the privacy landscape Detailed analysis of legislation around the world has had an impact on organizations Insights into how organizations are addressing privacy challenges and the best practices that have emerged in response to them Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-cbpr-navigating-cross-border-data-privacy-compliance/ TITLE: CBPR - Navigating Cross-Border Data Privacy Compliance | TrustArc TYPE: resource --- CBPR – Navigating Cross-Border Data Privacy Compliance The CBPR system is an internationally recognized framework and certification. Certification provides a robust international method for data transfer recognized with participating economies including USA, Canada, Japan, Korea, Singapore, Mexico, Philippines, Taipei, and Australia. Learn about the framework and the benefits when it comes to cross-border transfer data requirements. This webinar will review: Understanding the CBPR System Key Components of the CBPR System Comparing GDPR and CBPR System The Business Case for Global CBPR Certification Senior Assurance Program Manager, AI & Global Privacy, TrustArc VP, Knowledge & Global DPO, TrustArc CBPR – Navigating Cross-Border Data Privacy Compliance This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Senior Assurance Program Manager, AI & Global Privacy, TrustArc VP, Knowledge & Global DPO, TrustArc The CBPR system is an internationally recognized framework and certification. Certification provides a robust international method for data transfer recognized with participating economies including USA, Canada, Japan, Korea, Singapore, Mexico, Philippines, Taipei, and Australia. Learn about the framework and the benefits when it comes to cross-border transfer data requirements. This webinar will review: Understanding the CBPR System Key Components of the CBPR System Comparing GDPR and CBPR System The Business Case for Global CBPR Certification Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-challenges-risks-of-data-graveyards/ TITLE: Challenges & Risks Of Data Graveyards | TrustArc TYPE: resource --- With the rise of big data, companies now obtain and store many data in massive quantities. As a result, they end up having giant repositories of unused data stored in their servers, also called data graveyards. Storage infrastructure, maintenance costs, compliance with privacy laws, security gaps, and risk of data corruption: risks due to data graveyards are numerous. What can organizations do with a large amount of data? How can you uncover the value of data before storing it? How can you manage the maintenance costs of big data? Join our panel in this webinar as we explore how your company should manage the risks and challenges associated with data graveyards. How to manage data graveyards risks How to define data retention periods and stay compliant ==================================================================================================== URL: https://trustarc.com/resource/webinar-pipl-compliance-how-to-leverage-your-privacy-work/ TITLE: PIPL Compliance: How to Leverage your Privacy Work | TrustArc TYPE: resource --- PIPL Compliance: How to Leverage your Privacy Work This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Global Privacy Manager, TrustArc Co-Host, Serious Privacy Podcast Co-Host, Serious Privacy Podcast On 1st November 2021, the new Personal Information Protection Law (PIPL) of the People’s Republic of China entered into force. This law applies to all organisations doing business in China or targeting people in China and has significant compliance consequences similar to GDPR. Five months after its implementation, is still a major concern for many organizations. What if there was a way to reduce your time to compliance with PIPL drastically by leveraging the privacy work you have already done? Join the TrustArc privacy experts on this webinar as they will give you an overview of the PIPL requirements and help understand better what your organisation rapidly needs to do to address this law. Frequently asked questions about PIPL The enforcement mechanisms and potential fines Your next steps to quickly ensure full compliance with PIPL How to leverage the privacy work you have already done to be compliant Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-data-privacy-the-hidden-beast-within-mergers-acquisitions/ TITLE: Data Privacy: The Hidden Beast within Mergers & Acquisitions | TrustArc TYPE: resource --- Data Privacy: The Hidden Beast within Mergers & Acquisitions This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Head, Customer Enablement & Principal, Data Privacy, TrustArc Today, growing an organization through Mergers & Acquisitions (M&A) has become a popular business practice. This can lead to great success but it can also cause a potential liability to the acquirer if global data privacy laws and regulations are not considered during the acquisition. Businesses that adopt this strategy need to be aware of how to handle the data involved in the acquisitions. Between new and evolving data privacy laws, an increased focus on regulators, and increased liability on the acquirer, incorporating data privacy practices is necessary for the M&A transaction process. Join our panel in this webinar as we explore practical privacy and data security considerations critical to M&A. The strategy and internal review of pre-M&A planning How problems arise with data privacy during M&A The relationship between data privacy and geography Data security considerations, including why DPIAs matter Importance of identification of vendors involved Post-signing considerations Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/webinar-cross-border-data-transfers-in-2025-regulatory-changes-ai-risks-and-operationalization/ TITLE: Cross-Border Data Transfers in 2025: Regulatory Changes, AI Risks, and Operationalization TYPE: resource --- In 2025, cross-border data transfers are becoming harder to manage—not because there are no rules, the regulatory environment has become increasingly complex. Legal obligations vary by jurisdiction, and risk factors include national security, AI, and vendor exposure. Some of the examples of the recent developments that are reshaping how organizations must approach transfer governance: Together, these developments reflect a new era of privacy risk: not just legal exposure—but operational fragility. Privacy programs must/can now defend transfers at the system, vendor, and use-case level—with documentation, certification, and proactive governance. The session blends policy/regulatory events and risk framing with practical enablement, using these developments to explain how TrustArc’s Data Mapping & Risk Manager, Assessment Manager and Assurance Services help organizations build defensible, scalable cross-border data transfer programs. This webinar is eligible for 1 CPE credit. ==================================================================================================== URL: https://trustarc.com/resource/webinar-level-up-your-healthcare-privacy-program/ TITLE: Level-Up Your Healthcare Privacy Program | TrustArc TYPE: resource --- The last two years have provided the healthcare industry with numerous new challenges. While many healthcare providers remain in the thick of responding to COVID-19 at the delivery level, other IT, Privacy, Data Governance, and business leaders in healthcare are preparing to use their digital transformation for further progressive change. According to a TrustArc survey, not less than 9 of 10 healthcare leaders say privacy is an important factor in most of their decisions! With the rapid adoption of virtual health and other digital innovations, consumers’ increasing involvement in care decision-making and the push for interoperable data and data analytics use, how can the healthcare industry adapt? Join our panel on this webinar as we explore the privacy risks the healthcare industry will likely encounter in 2022 and how healthcare companies can use privacy as a differentiating factor. The state of privacy management in healthcare How the healthcare industry should face current privacy challenges How healthcare companies can differentiate themselves with their privacy program ==================================================================================================== URL: https://trustarc.com/resource/webinar-gdpr-pipl-lgpd-whats-the-difference-anyway/ TITLE: GDPR, PIPL, LGPD - What's the Difference Anyway? | TrustArc TYPE: resource --- GDPR, PIPL, LGPD – What's the Difference Anyway? This resource needs a cookie to play! Update your Cookie Preferences in the footer link below to enable Functional Cookies. Co-Host, Serious Privacy Podcast Global Head of Privacy, Logitech Global privacy laws bloom one after the other: first the , then the Brazilian LGPD, and now the . All of them aim to unify the multiple local privacy laws that regulate the processing of personal data. But this increasing number of laws can make it difficult for companies to keep up and stay compliant. What differentiates those laws from one another? Do they all impact your company? Do they take different approaches in enforcement? This on-demand webinar reviews: The differences between the current global privacy laws The global privacy laws trends What your company needs to do to be compliant Get the latest resources sent to your inbox ==================================================================================================== URL: https://trustarc.com/resource/managing-ai-dsrs/ TITLE: How to Manage AI DSRs: Handling Training Data & Model Outputs TYPE: resource --- Privacy leaders are reshaping business strategy. You are the engineers of digital trust in an era where data doesn’t just sit in a database; it thinks, it learns, and it generates. But here is the hard truth: AI is about to break your DSR playbook. Data Subject Requests (DSRs) were linear. A customer asked for their data; you queried a structured SQL database, retrieved the rows, and sent a PDF. Clean. Predictable. Manageable. Artificial Intelligence has shattered that linearity. AI systems consume vast lakes of unstructured training data, digest it into opaque parameters, and spit out probabilistic outputs that may or may not be . The data isn’t just stored; it is memorized, transformed, and hallucinated. This is the new frontier. The collision between rigid and fluid AI models is inevitable. The volume of requests is climbing. The complexity is compounding. The manual workflows of yesterday will not survive the exponential scale of tomorrow. Here is how you, the modern privacy leader, will navigate the chaos, operationalize the undetectable, and master the art of the AI-related DSR. What makes DSRs involving AI fundamentally different To the uninitiated, data is data. To a privacy professional, AI data is a distinct beast. Traditional data is deterministic. If you search for “John Doe” in a CRM, you find John Doe. AI data is probabilistic. The “personal data” might not exist as a retrievable record but as a latent probability within a neural network. The input-output-training triad When a DSR hits an AI system, you aren’t looking in one place. You are triangulating across three: : The massive datasets ingested to teach the model. This is often pre-processed and difficult to link back to a specific individual, yet it is rarely fully anonymized. : The commands users feed into the model. These may contain direct personal identifiers, sensitive context, and intent. Model outputs (inferences) : The content the AI generates. Does a hallucinated biography of a user count as personal data? (Spoiler: Regulators increasingly say yes). Regulators are skeptical of the “black box” defense. Arguments that “we don’t store personal data in the model” are crumbling against evidence of model inversion attacks and memorization risks. You must assume that personal data persists, even when engineering teams assure you it has been “scrubbed.” The types of AI-related DSRs privacy teams should expect You need to anticipate the questions before they are asked. The landscape of requests is shifting from simple “access” to complex “interrogation.” 1. The “show me” requests (access) Users want to know what the AI knows. : “Was my public blog post used to train your LLM?” : “What profile has your algorithm built about me?” : “Show me every time your chatbot mentioned my name.” 2. The “forget me” requests (erasure) This is the radioactive core of AI compliance. Deletion from training sets : If a user revokes consent, can you find and purge their data from a petabyte-scale training corpus? : Can a model “forget” a specific concept or person without a full retrain? (Machine unlearning is nascent; regulators may demand retraining if the risk is high). 3. The “stop it” requests (objection & opt-out) : Requests to exclude data from future training runs. : “Stop using AI to assess my creditworthiness.” Navigating the legal rights behind AI-related DSRs The law is trying to catch up to the code, but the signals are clear. gives individuals the right to object to processing. In the context of AI, this is powerful. If an AI system processes data for direct marketing or based on “legitimate interest,” an objection can force a hard stop. The Right to Rectification is particularly thorny. If an LLM hallucinates that a CEO was convicted of a crime they didn’t commit, simply “deleting” the output isn’t enough. The model might generate the same lie tomorrow. Rectification in AI may require: Opt-outs are the new standard in Europe, the right to opt out of automated decision-making and profiling is solidifying. Privacy leaders must plan for “prospective opt-outs,” ensuring that data collected today is tagged to prevent its ingestion into the models of tomorrow. How to operationalize DSR compliance for AI systems You cannot manage what you cannot see. Operationalizing AI DSRs requires a shift from reactive hunting to proactive mapping. Step 1: Map your AI surface area Identify every model. Is it internal? Is it a vendor API? Is it “Shadow AI” spinning on a developer’s laptop? You need a 360-degree data view that unlocks a complete understanding of your data inventory. Step 2: Classify and segregate it enters the training pipeline. : Tagged by source and consent status. : Logs must be searchable and retrievable. Step 3: Define feasibility Establish clear internal policies on what is “technically feasible.” If an erasure request requires retraining a billion-parameter model, is that “disproportionate effort”? Document your reasoning – documentation of the analysis of what is technically feasible and other aspects of the organization’s AI governance is going to be critical. Regulators demand accountability, not perfection. Why manual DSR workflows won’t survive AI scale Manual spreadsheets were fine for the database era. For the AI era, they are a liability. The volume of data in AI systems is exponential. A single prompt can generate dozens of inferential logs across multiple systems. Trying to manually chase these down is a recipe for missed deadlines and regulatory fines. You need automation that can: Dynamically assess requests and route them based on the complexity of the AI system involved. Connect to enterprise systems (like Salesforce, Jira, and custom data lakes) to retrieve unstructured inference data. , ensuring that a “Stop Training” request automatically triggers a blocklist update in your machine learning pipeline. TrustArc’s Individual Rights Manager are designed to handle this complexity, allowing you to orchestrate workflows across your tech stack with no-code data flows. You can simplify the lifecycle, verify identities to prevent prompt-injection attacks, and maintain a rigorous audit trail. Aligning DSRs with AI governance and accountability DSRs are not just a compliance burden; they are your early warning system. A spike in “rectification” requests regarding your chatbot? That is a signal of model drift or hallucination. A surge in “object to processing” requests? Your transparency notices might be failing. Privacy leaders use DSR data to feed back into : Use DSR metrics to trigger model reviews. : If a model generates high DSR volumes, it is a “high risk” system. : If a third-party AI vendor takes 45 days to return data, they are a compliance bottleneck. What regulators will expect in 2026 By 2026, “I didn’t know” will not be a defense. Regulators will expect: : You must be able to explain how the model used the data, not just if it did. : Bulk deletions won’t cut it. Precision removal of personal data from training sets will be the standard. : Did you actually retrain the model, or did you just say you would? Practical steps for privacy leaders You are the hero of this story. Here is your battle plan. : Modify your DSR forms to include AI-specific options (e.g., “Related to Chatbot interaction”). TrustArc allows for customizable intake forms that can adapt to these new request types. : Implement a system that enables dynamic request routing. If a request involves AI, it should route to the Data Science team, not just Legal. : Watch your “time to complete” for AI requests vs. standard requests. Use dashboards to spot bottlenecks. : AI requests can be vectors for attacks. Use robust identity verification methods. Why DSRs and AI will redefine data subject rights We are witnessing the evolution of privacy. DSRs are no longer just administrative tasks; they are the interface between human rights and machine learning. By mastering AI-related DSRs, you aren’t just ticking a box. You are defining the ethical boundaries of the future. You are ensuring that as machines get smarter, human rights remain sovereign. Ready to future-proof your privacy program? TrustArc’s Individual Rights Manager automates and scales your DSR fulfillment, ensuring you stay ahead of the AI curve with compliance-ready reporting and seamless integration. ==================================================================================================== URL: https://trustarc.com/resource/webinar-your-guide-for-smooth-cross-border-data-transfers-and-global-cbprs/ TITLE: Cross-Border Data Transfers in 2025: Regulatory Changes, AI Risks, and Operationalization TYPE: resource --- In 2025, cross-border data transfers are becoming harder to manage—not because there are no rules, the regulatory environment has become increasingly complex. Legal obligations vary by jurisdiction, and risk factors include national security, AI, and vendor exposure. Some of the examples of the recent developments that are reshaping how organizations must approach transfer governance: Together, these developments reflect a new era of privacy risk: not just legal exposure—but operational fragility. Privacy programs must/can now defend transfers at the system, vendor, and use-case level—with documentation, certification, and proactive governance. The session blends policy/regulatory events and risk framing with practical enablement, using these developments to explain how TrustArc’s Data Mapping & Risk Manager, Assessment Manager and Assurance Services help organizations build defensible, scalable cross-border data transfer programs. This webinar is eligible for 1 CPE credit. ==================================================================================================== URL: https://trustarc.com/resource/cookie-compliance-consent/ TITLE: Cookie Compliance: Painlessly Balance Personalization and Privacy | TrustArc TYPE: resource --- Understanding cookie compliance Cookies are a major part of most websites. But you need to understand the different types of cookies and how to use them in different situations to ensure your business balances personalization and privacy. Internet cookies are small data files that store information in consumers’ web browsers. There are many types of cookies, including first-party cookies, third-party cookies, permanent cookies, and session cookies. First-party and third-party cookies First-party cookies are stored by the website domain consumers visit and only work on that domain. First-party cookies make the consumer experience smoother by remembering information such as login details, cart information, and site preferences. Third-party cookies come via external domains. They follow consumers across different websites, allowing each site to access the cookie information to retarget users. Permanent cookies and session cookies Permanent or persistent cookies stay on your browser history over multiple browser sessions. On the other hand, session cookies expire as soon as a browsing session ends. How do cookies impact the consumer experience? From a consumer perspective, cookies can make a website visit smoother and faster. This equates to a more personalized browsing experience. How do cookies help my business? From a business perspective, cookies can help grow customer loyalty by improving the experience on site. This might be via recognizing users; recalling their logins and preferences; personalizing and targeting advertising based on browsing history; and boosting sales by tracking previously viewed items, shopping preferences, engagement, and behavior on site. However, this technology also introduces privacy compliance risks for both your own cookie use and the dozens of third-party trackers that may be present on your website. “Though consumers demand a more personalized digital experience, privacy remains a top concern.” Are there laws and regulations that govern the use of cookies? Yes, there are multiple laws around the world, depending on where you are and who your website consumers are. A company’s ability to demonstrate compliance has never been more scrutinized or enforced than it is today. The General Data Protection Regulation (GDPR) General Data Protection Regulation GDPR) took effect in May 2018, it required businesses to rethink how they managed consumers’ personal data and to implement a solution that allows them to meet the regulatory requirements. The EU has also implemented the Cookie Law (aka ePrivacy Directive). It gives consumers the option to consent or refuse to allow companies to collect, store and use their personal information. Together, the Cookie Law and the GDPR form the world’s strictest data privacy regime. With the EU setting the gold standard for stringent consumer consent and data protection, other jurisdictions globally have implemented or are considering similar consent practices. Where else are there data protection regulations? Outside of the EU, data protection laws include: Data protection regulations in the U.S. While there is no equivalent to the GDPR or Cookie Law across the whole country, some U.S. states regulate cookie use as it relates to state residents. Some examples are the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (VCDPA). Data protection regulations in China China has passed the China Personal Information Protection Law (PIPL), which requires companies doing business in China to be able to show compliance with certain rules. PIPL governs the handling of personal information within China’s borders, as well as any handling of personal data outside China if it’s related to selling goods or services to people within China. Want a deeper dive into how PIPL fits within China’s broader privacy ecosystem? Learn how it intersects with the Cybersecurity Law and Data Security Law, and what cross-border data rules really mean for your business in our guide: Navigating China’s Privacy Framework. What is cookie compliance? Factors that may change include: How organizations should process personal data collected via cookies What is considered valid consent How to provide notice and choice to consumers. These issues and more leave business challenged with implementing multiple consent approaches. It is important for organizations of all sizes to have a flexible and scalable solution to demonstrate cookie compliance Not only is it vital for organizations to meet compliance requirements, it’s equally important to provide consumers with a seamless and branded consent experience Delivering a compliant, branded consent experience enables companies to build trust with consumers. It shows they’re able to provide consumers with transparency and control over their data, and that they respect consumer privacy rights. Consumer trust is the foundation of a good digital experience, and businesses will need to work hard to build and maintain that trust. As organizations start to incorporate privacy into their business strategy, they will see consumer trust and engagement start to grow. What does the future of cookie compliance look like? Google intends to phase out third-party cookies on Chrome in 2024. Since 65% of browser users use Chrome, this will impact most businesses, and cookie marketing. However, if you have TrustArc about how changes in cookie marketing might impact your business, and how to prepare. ==================================================================================================== URL: https://trustarc.com/resource/best-practices-cookie-consent/ TITLE: Best Practices for Using Cookies and Cookie Consent | TrustArc TYPE: resource --- Websites today are rarely a single-party affair. On any given website, consumers typically interact with many third parties that collect private data about them, whether web visitors realize it or not. What are internet cookies? Internet cookies – little data files – store information in consumers’ web browsers. There are benefits for consumers who accept cookies. For example, cookies let websites remember past interactions, website logins, shopping carts, pages visited, and more, offering more personalized and convenient website visits. not all cookies are the same , and there are privacy issues that businesses collecting data need to be aware of. What are the different types of cookies? First-party and third-party cookies cookies are stored by the website domain consumers visit. They only work on that domain. First-party cookies make the consumer experience smoother by remembering information such as login details, cart information, and site preferences. cookies come via external domains that aren’t the website users have visited. They can follow consumers from site to site, with each site using the information stored in the cookies to retarget users. Permanent cookies and session cookies cookies stay on your browser history for an extended period of time, over multiple browser sessions. cookies, in contrast, expire as soon as the browsing session is over. When third parties collect consumer data through technologies not readily apparent to consumers, like cookies, it creates privacy risks because consumers are unable to make informed decisions about their data. Government regulators around the world have established regulations and laws governing this type of data collection. It’s important for companies to fully understand how they use cookies, what third parties collect data on their site, and how they and these third parties collect and use this data. What are the laws and regulations around cookies? A number of laws regulate how third parties collect data online. In the EU, the Cookie Law (aka ePrivacy Directive) and General Data Protection Regulation (GDPR) protect consumers’ privacy rights by allowing them to choose whether to allow companies to collect, store, and use their personal information Together, these two laws form the world’s strictest data privacy regime. While there is no equivalent overarching law in the U.S., a number of states have implemented laws regulating cookie usage as it relates to their residents. These include the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (VCDPA). What should I know when using internet cookies? Cookies can be an effective way to target consumers. However, it could be detrimental to your business if you don’t and private data correctly. There are a number of best-practice steps you should be aware of when choosing how to employ cookie technology on your website: Classify your cookies, and use a unique domain name per technology, such as HTTP cookies, web beacons, JavaScripts, and Flash LSOs. This is to separate any online behavioral advertising practices from those that are not online behavioral advertising. Have a clear and simple opt-out policy: Use the same cookie name per opt-out mechanism. For example, the opt-out cookie set for the DAA opt-out mechanism has the same name as the cookie set for the NAI opt-out mechanism. Cookies used to manage opt-out preferences need to have a minimum expiration date of five years to adequately honor user preferences. Your opt-out mechanisms need to be tested regularly to verify that they function properly. Establish strict policies around data retention: Retain data only as long as needed to carry out its business purpose, or as long as legally required. Where possible, use session cookies instead of persistent cookies. Give users a choice, where appropriate, to accept a persistent cookie (such as a login cookie). When using persistent cookies, set an expiration date consistent with the shelf life or usefulness of the data you collect. Audit, understand and review cookie use: Audit the use of cookies on your site and how you use cookies on third-party sites. Verify that the use of cookies is consistent with your privacy policy or the privacy policy of the third-party site where your cookies are placed. Verify that third parties setting cookies on your site are authorized to do so. Understand what types of third parties set cookies on your site and the purpose of those cookies. Verify that third parties aren’t collecting data in a manner inconsistent with your own privacy policy. Understand what data is being captured on the cookie. Cookies shouldn’t store sensitive information such as credit card numbers. What do I need to let consumers know about cookies? When you’re using cookies on your site, it’s important to: Disclose in your privacy policy what information cookies and other technologies collect, and how that information is used. Disclose the types of cookies being used on your site. Organize them by their purpose. Explain what options users have when it comes to your company’s use of cookies, such as opting out of tracking. You should also state what opt-out choices are available. Multi-site trackers should require publishers and sites within their network to disclose via their privacy policies that a third party will be tracking a user’s activity on this and other websites. They should also provide a link to an opt-out mechanism. Where possible, provide notice outside of the privacy policy, using tools such as the How do I let web visitors know about cookie use? Make sure you inform users of all the types of cookies you’ve employed previously, too. Will internet cookies be a thing in the future? Google has flip flopped on its announcement to phase out the use of third-party cookies in 2024. In a significant shift from previously communicated plans and strategy, on July 22nd, 2024, no longer be phasing out support for third-party cookies in its Chrome browser. Find out what that means for your business. ==================================================================================================== URL: https://trustarc.com/resource/guide-cookie-consent-privacy-trust/ TITLE: Your Guide to Cookie Consent, Privacy and Building Trust | TrustArc TYPE: resource --- Some consumers have long been skeptical about how some of the information collected about them in browser cookies is used by brands, using browser controls to block cookies and ads, and in some cases, anonymizing their online experiences. Brands on the other hand want to collect individuals’ information to help them accurately target them with more relevant content – and yes, ads – intending to build stronger engagement and more valuable relationships. Interestingly, most senior executives in large enterprises have given themselves high marks for doing the right thing when it comes to privacy management in TrustArc’s annual Global Privacy Benchmarks Surveys. But news headlines often tell a more complicated story. The accelerated ‘digital transformation’ of organizations during the pandemic with more people working remotely also drove an uprise in reported data breaches Rightly, consumers are now more concerned about digital privacy and they are also becoming more aware of their rights under privacy laws such as the EU’s (European Union) General Data Protection Regulation (GDPR). Why consent for browser cookies matters Every organization with an online presence must comply with all privacy laws in all regions where it interacts with individuals online. might not be explicitly covered in some regions’ privacy laws, most organizations must address GDPR requirements for managing browser cookies anyway, which has strict rules for how organizations ask for and get consent. Also consider the consumer viewpoint: a consumer’s opinion of a brand, on which trust can be built, begins the first time they land on a webpage or open an app and see a cookie notice. First impressions matter. So how do you build that trust? We suggest looking at sectors with proven leadership and competence in managing privacy for guidance. Our hypothesis is a simple one: specific industries that existed well in advance of the hyper-digitalized world we live in today are well-practiced at working through consent issues. TrustArc 2020 Global Privacy Benchmarks Survey generally confirmed our hypothesis, although we saw a great deal of variation in self-reported performance in every sector. Of the 16 industries we covered for TrustArc’s Global Privacy Index, seven ranked above the global mean: The heavily regulated financial services sector is a strong example of the importance of consent, as it has been in the center of privacy and consent issues for decades. For financial advisory, consent is not just a checkbox before proceeding; it is a documented course of action for the desired outcome within a given timeframe that includes expert views on their pursuit’s potential risks. Another strong example comes from the health care sector, which has had to manage privacy and informed consent for centuries – and we believe it also offers some valuable lessons. Four lessons from the health care industry about privacy and informed consent – What experts know and propose to do, including other options available Documentation of competence – Why a particular expert can be trusted to execute these options to the best of their abilities – Patients need to have complex matters and the choices available explained to them in easy to understand terms so they can competently make their own decision – The necessity of a patient then deciding on a course of action it begins along with an ability to change their mind and withdraw consent at any time. At the heart of medical consent are principles acknowledging imbalances in knowledge and power: Health care professionals – What they know, are capable of doing and believe to be in the patient’s best interests – What they are experiencing, know, and must rely on others for what they need done. Putting these principles into practice, the health care sector has developed precise methods and procedures to guide design. These include safeguards against potential risks that patients may not have anticipated and considered when initially volunteering. And informed consent is essential. While many organizations in other sectors now ask for upfront online consent (including for browser cookies) as a formal process that meets legal requirements, how many have embraced the concept of consent? And what are the benefits? With privacy risks and implications in the spotlight, there are opportunities for brands to build better reputations with consumers by highlighting how they go above and beyond what is required by privacy laws. There is mounting evidence that when organizations apply a privacy lens to consumer experience and marketing programs, they gain a competitive advantage: view privacy as a clear differentiator for their organization. Privacy management impacts consumer engagement, brand reputation, and, ultimately, revenues as value-based consumers increasingly interact with companies they deem ethical. Addressing privacy transparently and as a publicly explicit element of your brand can help build trust with consumers, making them more willing to share accurate and complete data with your organization. As a result, you can deliver more personalized experiences that give more value to your consumers, which in turn can build a stronger and more valuable relationship. considering purpose-built software allow us to demonstrate compliance and build trust with our consumers? Is our consent experience ‘on brand’ with the rest of our website experience? Can consumers withdraw their consent at any time and have their personal data protected? Gain a comprehensive understanding of your website’s tracking behavior. Build and implement procedures for consumers interested in exercising their data subject rights. Remember the balance between personalization and privacy is delicate: If a consumer feels a personalized experience is intrusive or annoying, you risk damaging the relationship your organization has so carefully built up using data insights from browser cookies and other consumer profiling tools. Best practices for informed cookies consent It’s safe to assume most companies are competent at what they do and their various stakeholders hold them to standards of integrity. And brand character is what happens when no one is looking. If your organization wants to do an excellent job of protecting your consumers while strengthening your brand’s reputation, we recommend applying principles of consent in every interaction: – Give them granular control of their consent preferences and data, beyond just a choice of reject all or accept all; and allow them to easily update/change their consent preferences at any time. Giving consumers control offers proof of your competence to manage informed consent. – Explain cookie options in easy to understand language so consumers can make informed choices about their consent preferences and data. You can also build trust in your brand by clearly explaining the benefits of a more personalized consumer experience. A seamless consent experience can help establish trust in your brand from the first touch point. And a consistent digital experience that aligns with your brand at every touch point from then on will build on that trust. “Consent experiences that strike a balance between usability and compliance will stand out. There is absolutely a way to meet privacy and business needs.” Manage compliance with ease ==================================================================================================== URL: https://trustarc.com/resource/choice-consent-data-privacy/ TITLE: Choice and Consent: Key Strategies for Data Privacy | TrustArc TYPE: resource --- Privacy PowerUp Series #6 Ensuring that individuals have control over their personal information is more critical than ever to consumers today. This article explores the concepts of in data protection, providing key insights for privacy professionals. What is choice and consent in data protection? Choice and consent are fundamental concepts in data protection, allowing individuals to control how their personal information is collected, used, and disclosed. The requirements vary based on jurisdictions, industries, sectors, types of personal information, and processing activities. Sometimes, consent is even necessary for transferring personal information. Key considerations for ensuring choice and consent 1. Assessing data processing Before determining the appropriate choice mechanism, it may be a good idea to assess the activities you plan to undertake. Some of the examples of the steps you could take are: Document data inventory that, among others, could include: Categories of data collected Purposes for use and disclosure With data inventory in place, ask questions such as: Do you need sensitive personal information? What jurisdictions and sectors do you operate in? What types of data and purposes for processing? Does your company engage in cross-contextual advertising? 2. Determining choice mechanisms After assessing your data processing activities, determine the appropriate choice mechanisms to comply with various privacy regulations. Consider the following principles and frameworks: Review the following principles: Limit personal data collection. Obtain data by lawful and fair means with individual consent where appropriate. Use personal data only for specified purposes. You should not be disclosing or using personal data beyond those purposes unless specified conditions apply. The OECD principles form the foundation of most privacy regulations. APEC Cross Border Privacy Rules (CBPR) For organizations operating in , the CBPR principle “Choice” requires providing clear and conspicuous mechanisms for individuals to exercise their choices regarding data collection, use, and disclosure. There are two primary concepts of choice: Opt-in consent involves an active, affirmative action to indicate a choice. Examples include checkboxes or radio buttons (pre-checked boxes are not acceptable). Links to opt-out from selling or sharing personal information Different regulations require different types of choice mechanisms. Here are some examples under selected regulations: California Consumer Privacy Act ( , among other requirements: Opt-out from selling or sharing personal information Provide a conspicuous link or alternative offline method Different types of choice mechanisms based on legal basis and categories of personal information The right to object when the data processing has been based on legitimate interest For example, an opt-out choice mechanism for direct marketing, where applicable Technological means of providing choice Organizations must ensure that technological means for providing choice are in place. This includes: Implement procedures and technical measures to record individual preferences. Taking appropriate action: Ensure that appropriate actions are taken when an individual exercises their choice. Inclusion in privacy notices: Include disclosures and working mechanisms in your privacy notice. Options may include an email to the privacy office, a link to a preference manager, or a specific link (e.g., “Do not sell or share” under CCPA). Special considerations for minors When collecting or using data of minors, always adhere to local laws and regulations. Additional considerations Mechanisms to withdraw consent: Ensure that individuals can easily withdraw consent when desired. Use forms of consent that meet regulatory obligations. Specific and prescribed purposes: Obtain specific consent for prescribed purposes. Cross-jurisdiction data transfers: Some laws may require consent for transferring data outside of the jurisdiction or mandate data localization. Increase customer trust with transparency and choice Choice and consent are pivotal in ensuring data privacy. By understanding and implementing proper mechanisms, organizations can help individuals maintain control over their Achieve global consent compliance and provide delightfully simple experiences for users to exercise their data privacy rights and while reducing your risk, complexity, and costs. Discover the #1 consent management platform Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Choice and Consent Infographic Review the foundations of choice and consent in data privacy. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials Visit us again on October 9, 2024 to read the next article in this series: #7 Managing the Complexities of International Data Transfers and Onward Transfers Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/retire-third-party-cookies-by-2024/ TITLE: Google Chrome Plans to Retire Third-Party Cookies by 2024 | TrustArc TYPE: resource --- What does the absence of third-party cookies on Chrome mean for your business? that it plans to retire third-party cookies by 2024 on Chrome, which is the industry leader for web browsers off, it’s important to note that Google has postponed this change until 2024 (perhaps longer when the time comes). This is good news as it provides companies time to pivot and create new strategies and roadmaps to address this change. , if you’re currently using TrustArc’s CCM, you’re in a great strategic position and should rest easy. The CCM solution does not rely on third-party cookies to function, so the capturing and storing of consent as it is today should not be impacted. it should be noted that the industry at large still needs to be clarified as to what will replace third-party cookies on Chrome. TrustArc continues to engage with industry leaders to ensure the CCM roadmap is aligned with the industry and what is to come. If you are a marketer, don’t worry. Less data isn’t a bad thing. There are still strategies for marketing in a consumer first privacy landscape that you can effectively implement Google’s advertising ecosystem is worth an estimated $147 billion dollars annually , which combined with an ever-growing security conscience market, means that whatever Google decides to replace third-party cookies with will be profitable and secure. You can trust that TrustArc’s CCM will be there to ensure you and your customers are compliant and safe. Key takeaways to prepare for Chrome to retire third-party cookies Google has paused the third-party cookie removal until 2024 does not require third-party cookies to work and will remain compliant ==================================================================================================== URL: https://trustarc.com/resource/global-consent-laws-configuration-guide/ TITLE: Global Consent Laws & Configuration Guide | TrustArc TYPE: resource --- Global Consent Laws & Configuration Guide Master global laws with confidence. Managing the complex web of global consent laws and cookie management just got easier. TrustArc’s “Global Consent Laws & Configuration Guide” offers an in-depth roadmap to configuring tailored to regional and legal nuances. This guide demystifies compliance requirements, ensuring that your privacy practices meet and exceed expectations, fostering trust with users worldwide. Understand explicit and implied consent frameworks across jurisdictions, from GDPR to Access a matrix of legal requirements and recommended configurations for regions worldwide. Discover how to leverage tools like tag management systems and autoblock mechanisms to streamline operations. Stay ahead of evolving privacy regulations—because compliance is not optional. Download the “Global Consent Laws & Configuration Guide” today and transform your privacy compliance strategy. Empower your organization with the tools and knowledge to maintain user trust and regulatory adherence globally. ==================================================================================================== URL: https://trustarc.com/resource/gdpr-article-30-compliance/ TITLE: Mastering GDPR Article 30 Compliance: Conducting, Maintaining and Reporting on your Data Inventory | TrustArc TYPE: resource --- Why should organizations conduct a data inventory? Although a data inventory is not required, you do need a record of processing activities (ROPA). It’s difficult to meet GDPR Article 30 compliance without a data inventory and map to visually represent how data flows throughout your organization. A data inventory process focuses on how and why data is collected to ensure critical areas aren’t overlooked. Data maps are visual representations that help organizations understand data movements across borders and within critical aspects of an organization’s data environments. Data visualizations help companies understand the data they hold and build controls to manage any inherent risk. This information factors into the transparent processing activities disclosures made with your data subjects. Proactiveness is a primary benefit of the data inventory and mapping process . It demonstrates to regulators that you’re not taking shortcuts to comply with regulations. If you did miss something, a comprehensive data inventory and map will prove you genuinely take data privacy matters seriously . The process signals to regulators that you are interested in getting it right and are willing to be transparent. Additionally, it aligns well with the data protection principles outlined in GDPR Article 5 . The principles explain that personal data should be accurate and securely processed lawfully, fairly, and transparently to the data subject. It is the controller’s responsibility to comply with GDPR and Conducting a data inventory is foundational for your privacy program. It can help you better respond to data access requests , improve data governance, and increase business efficiency. How does a data inventory support GDPR Article 30 compliance? pertains to records of processing activities – commonly referred to as ROPA. It requires organizations to keep records and provide them to the supervisory authority upon request. Compliance with Article 30 requires you to demonstrate all details of personal information collection, where it’s stored, shared, and used, and who is responsible for those data records. The record of processing activities must be in writing, including electronic form. Controllers are required to record the following activities: The name and contact details of the controller and, where applicable, the joint controller, the controller’s representative, and the data protection officer The purposes of the processing A description of the categories of data subjects and the categories of personal data The categories of recipients to whom the personal data have been or will be disclosed, including recipients in third countries or international organizations Where applicable, transfers of personal data to a third country of an international organization, including the identification of that third country or international organization, and in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards. Where possible, the time limits for deleting the different categories of data Where possible, a general description of the technical and organizational security measures is referred to in Article 32(1). Organizations commonly perform a data inventory exercise to gather an accurate record of processing activities. Business processes are mapped to understand how personal information is processed, what third parties have access to data, what systems are used, and what controls are in place for those systems. The goal is to understand and demonstrate that the organization knows how personal data is processed, the third parties involved in processing activities, and the systems and controls that are working or lacking. GDPR Article 30 compliance also requires the organization to have a legal basis for specific processing activities related to sensitive data. Strictly focusing on the data elements themselves may cause a company to overlook important elements. As a result, companies have shifted how they observe data existing in their organization. Instead of creating static lists of IT applications, mapping business processes explains the how and why of data processing, making Article 30 reporting easier. Getting buy-in from internal stakeholders Building a thorough data inventory process requires effort across the organization. The best person to lead this effort is the person that will create awareness and proactively drive the process forward. Data privacy doesn’t live with legal, risk management, information security, cybersecurity, or compliance – it needs the cooperation of all departments and the support of senior management to be efficient. The data inventory champion should communicate internally how GDPR Article 30 compliance is essential to business and your client commitment. Today it’s often required in client contracts. Not to mention, the fines for non-compliance are rather hefty. Benefits of data inventory for internal stakeholders Information Technology (IT) – Identify storage redundancies, reduce infrastructure complexity, and generate cost savings. – Know what data resides in each system, prioritize protection efforts, focus on the most high-risk or high-value data, establish appropriate access controls, and generate cost savings. – Reduce redundancies and risk, improve efficiencies, and save money. – Identify points at which the company shares information with third-party vendors and the sensitivity of the data being shared. Support risk-based vendor management, increase efficiency in contract management, and generate cost savings. Conducting a data inventory Before the organization conducts a data inventory, have a vision and goal, and stick to that aspiration. What are you trying to achieve? Depending on your organization’s size, a large amount of data could be processed and stored. To focus and gain momentum, start with the processes and areas dealing with personal data or that create high risk. First, you need to determine if you will take a systems based approach or a business process based approach for your data inventory. Some find it easier to give information through a process approach because people think and do their jobs from a process perspective. The systems approach starts with listing all databases, applications, and systems used to process or store data. The systems come first; eventually, the data flows to users or people. A process approach to data inventory examines all the business processes that contain personal information. For each process, describe the data and systems that might be associated with it. Typically the data will flow appears less complicated using this method. Many organizations find the process approach better encapsulates all systems than the IT approach. Most likely because it’s common for organizations to lack a complete record of systems, despite their efforts. People often download apps and use web-based applications that go unreported to IT. To simplify this challenge, TrustArc’s automate up to 80% of business process mapping. They analyze your data inventory, applicable external sources, and suggest relevant systems and workflows, and even flag gaps—all in minutes. This enhances accuracy while allowing your team to concentrate on more strategic priorities. No matter the approach, strive to find the right balance between enough granularity to get at the complexity of data flows and understand them in a linear way, but not so granular that you’re getting the same information over and over from multiple processes. It’s a complex job to determine. But it’s time well spent. Four steps to conduct your data inventory : Decide whether you will take an IT/systems or business process approach. : Discover what records you already have. Don’t start from scratch; most have documentation about assets and systems within IT or security. : Identify the people and the processes/systems you want to cover. Who owns the systems? : Consider starting with a pilot project with one business unit to test and validate your methodology and use early deliverables to secure better engagement for the broader project. Organizations new to this process often start with a data inventory spreadsheet. Information is collected within each process or system area to document how the data flows. This information creates a data map to visualize who owns the systems, where the data comes from, who the data subjects are, and whether or not the data is encrypted. Business process mapping can be complex in larger organizations. Using a to visualize the data as it moves provides much-needed clarity compared to a spreadsheet. Data inventories and visual maps are used together to capture the total picture in an easy, detailed format. And speaking of the total picture, don’t forget your suppliers and third-party vendors. Addressing third party vendors Know which suppliers and third-party vendors are either in the EU or may handle EU personal data. This is especially important for GDPR Article 30 compliance but also for compliance with other data privacy laws. After you’ve created an inventory of vendors, classify the vendors. Which third parties have access to critical or sensitive information? Address each vendor with a customized policy and procedure document that includes vendor vetting, ongoing reviews and audits, and end-of-relationship activities. Although end-of-relationship activities are often overlooked, be sure to include off-boarding, deletion of data, or returning data and how you will attest to that. manage your third-party risk , include data privacy in your onboarding process for new suppliers and contractors. The onboarding process should include: Identifying the types of information they will be handling/processing Considering whether or not they have logical or physical access Getting an impression of inherent risk and a window into security and privacy practices. Ensure that issues not up to your standards are remediated before finalizing the relationship. Ongoing maintenance of data inventory for GDPR Article 30 compliance Compliance with Article 30 requires more than checking off a to-do list. A data inventory is a living, breathing document. It needs to be maintained through acquisitions, mergers, and technological changes. Keeping your data inventory up to date is just as important as building it. Once you’ve established your data inventory, identify tools and methodologies that can maintain and scale the process. Use the data inventory as a foundation for ongoing GDPR compliance program GDPR compliance doesn’t end with Article 30. But it’s a great place to start when building an ongoing data privacy compliance program. Once you’ve established this foundation, consider these next steps. Identify inherent risk and complete DPIAs as required under Article 35 If you have a sub-processor or vendor contracts, do that due diligence, and ensure vendors uphold the same principles in privacy that your organization holds. Train employees continuously on data inventory change management. Share processes with cross-functional teams for broader organizational benefit. Leverage the data inventory for the next phase in your compliance mission; implement appropriate technical controls. Test your data inventory process After you’ve completed the data inventory, test your process to ensure it works. One way to test your process is by conducting a simulated data breach with team members in their respective roles. The team will respond to the simulated breach by identifying the data breached, where it resides, and which processes were affected. These requirements will identify whether the data inventory is accurate. For example, can your team pinpoint every vendor that had access to that data? If not, there is likely a gap in your data inventory process. Essential Guide to the GDPR Practical steps to manage the EU General Data Protection Regulation, including a compliance roadmap for implementation. Data Mapping & Risk Manager Automate data mapping and ROPAs to generate data flow maps for compliance. ==================================================================================================== URL: https://trustarc.com/resource/data-inventory-next-level-classification/ TITLE: Data Inventory: Next-Level Classification for Privacy Professionals | TrustArc TYPE: resource --- From ROPA to rock star: How to master the art of data classification in a risk-obsessed world You’ve completed your data inventory. Congratulations! You’ve unveiled the swirling constellation of data flows traversing the galaxy of your organization. But before you break out the champagne, it’s time to take things to the next level: In today’s high-stakes privacy landscape, isn’t just a best practice; it’s a business imperative. Global regulations are tightening, consumer trust is fragile, and AI systems are growing increasingly data-hungry. If your organization doesn’t understand the sensitivity of its data, it can’t secure it, can’t govern it, and certainly can’t use it responsibly. Let’s demystify data classification and turn a privacy pain point into a compliance power move. What is data classification? is the practice of organizing and categorizing data elements according to pre-defined criteria. Think of it as a Hogwarts-style sorting hat—but instead of Gryffindor or Slytherin, your data gets placed into buckets like This classification system helps organizations: Identify the types of data they hold. Understand where the data lives. Verify compliance with legal and regulatory standards. Apply the right levels of access, integrity, and protection. This last one is often framed using the : Confidentiality, Integrity, and Availability. If you’re working alongside your information security team (and you absolutely should be), these principles are their “north star.” Classifying for compliance and cost savings Before you start “bucketing” data from your inventory, you need consensus on the buckets themselves. Align your classification categories in collaboration with your InfoSec team. Why? Because when classification is aligned across privacy and security, the entire enterprise benefits: prevent gaps or redundancies. mean clearer incident response and fewer surprises. let you reserve costly controls (like encryption, tokenization, or access gates) for data that really needs it. You don’t want to put biometric data and website analytics in the same bucket, and you don’t want to pay as if they were equally risky. Step 1: Define your classification categories Start by choosing four broad categories. These are commonly used across privacy programs: Private or confidential data Let’s go a step further and tailor these to privacy contexts. Use these refined definitions as your guiding light: Information that’s explicitly made public—via required disclosures, corporate transparency, or user consent. : First and last name, ZIP code, public website content. 2. Private or confidential data Personal data protected by privacy laws, where exposure would result in low to medium risk to individuals or the organization. : Height, weight, salary, investments. Personal data requiring extra protection under laws like , with a high risk if misused or breached. : Passport number, social security number, financial accounts, geolocation. Under GDPR, this data is also known as “special category data.” It creates significant risks to individuals’ rights and freedoms. : Race, religion, political affiliation, health conditions, biometrics. These buckets are not static. They should be reviewed frequently, especially when laws evolve or your data practices change. Step 2: Build your data classification table Now that you’ve defined your buckets, it’s time to pour in the data, one element at a time. Here’s how to structure your classification worksheet: Record of Processing Activities (ROPA) . List each data element, its grouping (think: contact info, biometrics, financials), and then classify it. Do this for all your ROPAs, and you’ll end up with a fully mapped matrix of: How it should be protected It’s like building your own privacy-specific Dewey Decimal System with encryption keys instead of library cards. Collaborate to classify: Why this is a team sport Data classification is an ensemble performance, not a solo act. To make this work, bring together: for legal and regulatory alignment for threat modeling and control frameworks for process-specific context assembling your own Privacy Avengers . Without cross-functional input, you risk misclassifying data or, worse, leaving it unprotected entirely. Classification is a living process, not a one-time task Privacy professionals know: the only constant is change. Laws evolve, business models pivot, and new data streams emerge from emerging tech like generative AI That means your classification model should evolve too: Revisit your categories annually (or more frequently). Update definitions when regulatory guidance changes. Re-classify data when it’s repurposed or moved. Treat your classification system like software. It requires version control, patching, and continuous improvement. Otherwise, it will become obsolete faster than you can say “Article 30.” Trust through transparency: Why classification builds credibility Getting your data classification right isn’t just about compliance checklists. It builds with customers, regulators, and your internal stakeholders. It shows regulators you know your data and control it effectively. It shows customers you value their privacy enough to protect even what they didn’t think was sensitive. It shows your leadership team that privacy isn’t just a cost center—it’s a strategic differentiator. In a world where privacy is becoming a brand attribute (just ask Apple), your data classification model is part of your reputation. Turn insight into impact with smarter classification Data classification is how you go from “we know we have data” to “we know exactly what data we have and how to protect it.” It’s the difference between a messy junk drawer and a well-organized filing cabinet with biometric locks. In the multiverse of data, classification gives you clarity, control, and compliance. So don’t leave your classification model on the back burner. Build it. Use it. Refine it. And bring your InfoSec team along for the ride. After all, they’ve got the keys to your data castle. Because in the end, classification isn’t about labels. It’s about leadership. Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Your Data Inventory, Classified Watch all the videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #17 Incident Incoming–Now What? Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Data Inventories, Mapping, and Records of Process Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundation of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/ai-applications-used-in-privacy-compliance/ TITLE: AI Data Privacy: A Guide for Modern Industries | TrustArc TYPE: resource --- Artificial intelligence (AI) is revolutionizing industries, offering unparalleled efficiency, automation, and insights. However, this rapid advancement presents a double-edged sword: while AI streamlines workflows, it also introduces privacy risks that could result in compliance failures and hefty penalties. With for new risk-handling approaches due to AI and 69% grappling with legal and intellectual property challenges , compliance professionals must proactively address these concerns. Navigating evolving data privacy regulations—including —requires AI-driven compliance solutions that mitigate risks, enhance operational efficiency, and build consumer trust. This article explores how AI can optimize privacy compliance across industries like healthcare, finance, and retail while strengthening operational efficiency and customer trust. The role of AI in data privacy compliance and governance AI technologies, including machine learning and natural language processing, assist in managing compliance with data privacy laws by integrating privacy principles into business operations. Here’s how AI enhances privacy compliance: How AI identifies and protects sensitive data AI-driven classification tools detect and label personally identifiable information (PII), ensuring compliance with data protection laws. AI automation for privacy reporting and compliance checks AI streamlines regulatory reporting, reducing manual effort in maintaining audit trails and conducting risk assessments AI Monitoring for privacy violations and data misuse Machine learning algorithms continuously scan for unauthorized data access or unusual activity, helping businesses mitigate risks before they escalate. AI-powered tools transform personal data into , ensuring compliance with GDPR and AI for privacy by design implementation AI integrates data protection into system architectures, ensuring compliance is a built-in feature rather than a reactive measure. Industry use cases for AI privacy compliance AI privacy compliance in Healthcare: Protecting patient data The healthcare sector deals with highly , making compliance with regulations like HIPAA and GDPR critical. AI-driven privacy solutions include: AI detects unauthorized attempts to access electronic health records (EHRs), preventing data breaches. AI collects only essential patient information, reducing the risk of unnecessary exposure. Automated de-identification: AI removes personal identifiers from medical records while retaining essential data for research and analysis. AI-driven risk evaluation tools help healthcare providers identify system vulnerabilities and strengthen security measures. AI data privacy in Finance: Security, fraud prevention, and compliance Financial institutions must balance data security with seamless customer experiences while complying with stringent laws like Second Payment Services Directive (PSD2) . AI enhances financial privacy compliance through: Machine learning identifies suspicious transaction patterns and prevents fraudulent activities such as identity theft and money laundering. Automated compliance checks: AI-powered tools monitor financial transactions for compliance with evolving global standards, such as GDPR and the Payment Card Industry Data Security Standard (PCI DSS) AI scans financial transactions to detect potential data breaches or unauthorized access. Know your customer (KYC) automation: AI streamlines customer verification processes while ensuring compliance with anti-money laundering (AML) regulations. Privacy-enhanced transaction monitoring: AI tools anonymize transaction data while allowing for accurate risk assessments. Consistent privacy oversight is also essential in finance, and utilizing a centralized privacy management platform enables teams to coordinate compliance tasks, track regulatory updates, and maintain stronger controls over sensitive financial data. AI privacy compliance in Retail and e-commerce leverage AI for hyper-personalization but must balance it with consumer privacy concerns. AI privacy tools help by: Ensuring secure data storage: AI-powered encryption and access controls protect customer transaction data. Personalization with privacy: AI enables hyper-personalized experiences without over-collecting personal data, adhering to GDPR’s data minimization principle. Automating consent management: AI streamlines user consent collection and management for compliance with CCPA and GDPR. Automated compliance monitoring for data sharing: AI continuously evaluates third-party data-sharing practices to ensure compliance. Behavioral analysis for fraud prevention: AI detects unusual purchasing behaviors that may indicate fraudulent activity. Looking to strengthen customer trust while staying compliant? e-commerce brands are using smart data practices to turn privacy into a strategic advantage. AI-powered tools for data privacy and compliance management Several AI-powered privacy compliance tools are reshaping how organizations handle data. Utilize AI-driven privacy tools to streamline compliance efforts, including: Automated data mapping and vendor risk management: AI-driven workflows classify data, track data movement, and assess third-party compliance risks. Organizations like Teknor Apex have leveraged to navigate GDPR compliance successfully, ensuring seamless regulatory adherence. Privacy Impact Assessments (PIAs): AI automates PIAs to proactively identify and mitigate privacy risks. Consent management platforms: real-time consent tracking and revocation, meeting regulatory standards. For example, the New England Journal of Medicine (NEJM) successfully improved compliance and enhanced user trust , demonstrating a strong commitment to privacy across its global audience of healthcare professionals. Anomaly detection systems: AI continuously monitors data activities to identify potential privacy breaches. By leveraging these AI tools, organizations can enhance their privacy compliance efforts, ensuring that they meet the requirements of global data protection regulations while safeguarding personal data. The TrustArc Platform helps support these activities by giving teams a single place to , assessments, and ongoing compliance workflows through a centralized privacy management platform Challenges, privacy risks, and ethical issues in AI compliance Implementing AI tools for privacy compliance presents several concerns and challenges, particularly regarding data protection and regulatory adherence. AI systems often require large volumes of data, which can lead to unwanted or unnecessary processing of personal data , potentially violating GDPR principles such as lawfulness, fairness, transparency, and purpose limitation. Other challenges and risks include: AI must be trained on diverse datasets to prevent discriminatory outcomes. Many AI models function as ‘black boxes,’ obscuring their decision processes and complicating regulatory compliance. AI-driven monitoring tools must balance security needs with ethical data use. Privacy laws continuously evolve, requiring AI systems to adapt dynamically. AI complicates compliance when processing data across multiple jurisdictions with differing regulations. Actionable steps for ethical AI use and governance: before deploying AI-based compliance tools. . Integrate privacy safeguards from the development stage. Implement robust data retention policies to avoid unnecessary storage of sensitive data. Conduct regular AI audits and compliance reviews to detect and mitigate risks. Ensure explainability. Develop AI models with transparent decision-making processes. Implement human-in-the-loop mechanisms for AI decision validation. to address potential AI-related compliance breaches. How mature is your AI risk management? Future trends in AI and data privacy compliance Emerging AI advancements will shape the future of privacy compliance. Quantum computing security is expected to redefine encryption and data protection standards, ensuring more robust security measures against evolving cyber threats. AI-driven tools will become more sophisticated in monitoring and enforcing compliance across digital assets, reducing human error and enhancing regulatory adherence. AI privacy agents will increasingly be autonomous in handling privacy tasks, streamlining compliance while minimizing the need for direct human intervention. As global AI privacy laws evolve, organizations must adopt more flexible and adaptable compliance strategies to stay ahead of regulatory changes. Additionally, AI-generated synthetic data will offer a robust solution by preserving statistical accuracy while eliminating privacy risks, enabling data-driven innovation without compromising individual confidentiality. How TrustArc can helps you achieve AI data privacy compliance TrustArc provides AI-powered privacy solutions designed to help businesses manage complex compliance landscapes. TrustArc’s unified privacy management platform helps organizations centralize assessments, automate compliance workflows, and manage AI-related privacy risks more efficiently. From automated data mapping and risk analysis to AI-driven compliance frameworks, TrustArc’s expertise ensures organizations remain compliant while leveraging AI for growth. Explore TrustArc’s solutions to future-proof your privacy compliance strategy. Achieve end-to-end compliance : Implement AI-driven privacy frameworks for GDPR, CCPA, and HIPAA adherence. Enhance operational efficiency : Automate up to 80% of compliance efforts, reducing manual workload and costs. : Strengthen transparency and accountability in data handling practices. Ensure your organization remains compliant while leveraging AI’s power. Explore TrustArc’s AI-driven privacy solutions today or schedule a demo to see how our technology can streamline compliance for your business. By harnessing AI’s potential responsibly, organizations can strike the right balance between innovation and privacy, ensuring compliance without compromising operational efficiency. Let TrustArc guide your journey towards AI-driven privacy excellence. Modernize operations with AI-driven privacy automation Streamline data governance with deep automation that cuts your time to compliance — including automated data mapping and risk assessments. Your AI compliance blueprint for governance & risk management Access practical templates, tools, and checklists to ensure your is robust and future-proof. How does AI governance and compliance help organizations manage data privacy risks? AI governance and compliance give organizations structured oversight of how AI systems handle personal data. This helps reduce privacy risks, ensure transparency, and maintain alignment with evolving regulations including GDPR and the AI Act. Why is training data important for AI data privacy and compliance? Training data often includes sensitive or personal information, so it must be collected and used responsibly. Proper controls such as anonymization and documentation protect individuals and support compliance when developing artificial intelligence systems. What are high risk AI systems and how do they affect privacy compliance? High risk AI systems used in areas like healthcare, finance, and identity verification must follow stricter privacy and governance rules. These systems require enhanced safeguards to prevent harmful decisions and ensure proper processing of personal data. Why is responsible AI governance essential for protecting personal data? Responsible AI governance ensures that AI systems are designed and operated with clear safeguards that protect personal data. It provides structure around transparency, oversight, and ethical decision making, helping organizations stay compliant in a rapidly evolving AI landscape. How does generative AI impact the way organizations process personal data? Generative AI can analyze and transform large volumes of information, which increases the need for strict controls when processing personal data. Organizations must ensure proper data minimization, consent management, and monitoring so AI developers and teams handle sensitive information responsibly. How can organizations manage AI privacy workflows more efficiently? Managing AI privacy workflows requires coordinating assessments, documenting risks, and keeping compliance activities consistent across teams. Many organizations streamline this work by using a centralized privacy management platform that organizes AI assessments, tracks risks, and maintains accurate compliance records as regulations evolve. ==================================================================================================== URL: https://trustarc.com/resource/e-commerce-privacy-customer-trust-data-practices/ TITLE: E-Commerce and Privacy: Securing Customer Trust Through Data Practices | TrustArc TYPE: resource --- In today’s digitally driven economy, trust isn’t just a warm, fuzzy feeling—it’s the currency of e-commerce. Consumers are increasingly savvy about how their data is collected, used, and shared. Privacy, once a back-end concern, is now a front-line differentiator. For privacy, compliance, and technology professionals, the pressure is on to ensure that every click, tap, and swipe and meets customer expectations. Here’s how you build a privacy-first e-commerce strategy that earns customer trust and keeps regulators happy. Data collection: Be purposeful, not paranoid Ask first: What are we collecting, and why? From browsing behavior and purchase history to shipping addresses and payment details, e-commerce sites vacuum up a lot of customer data. But quantity doesn’t mean quality, and collecting “just in case” is a legal landmine. Purpose limitation is a core principle in global privacy laws like GDPR, requiring companies to collect personal data for specific, legitimate purposes and to avoid surprise secondary uses. In other words, if you collect an email to confirm an order, don’t suddenly use it to blast promotional offers without consent. comes in. It’s not just a best practice—it’s the backbone of ethical data collection. Collect only what you need, only when you need it, and only for the purpose you’ve clearly stated. That means eliminating unnecessary form fields, resisting the temptation to over-personalize, and routinely auditing your data inputs for relevance. Less really is more when it comes to privacy. Instead, get specific. Spell out what you’re collecting, how you’ll use it, and what customers can expect. Be direct and deliberate. And don’t be afraid to say no to collecting data you can’t justify. Not every form field needs filling. Want a deeper dive into smart data collection strategies? Check out our Privacy PowerUp on data minimization and retention Consent and preference management: Honor the “no” as much as the “yes” Are your cookie banners compliant, or just annoying? A compliant consent strategy means giving users meaningful choices. Regulators worldwide now scrutinize , like making the “Reject All” button harder to find than a needle in a haystack. Consent and Preference Management Platforms (CMPs) are widely adopted tools for scalable, demonstrable compliance. They let users opt in or out, adjust settings by data category, and revoke consent at any time, all while logging every choice for auditability. Design your interfaces to respect autonomy. Make “no” just as easy as “yes.” Provide options that reflect real consent, not confusion. Simplicity isn’t just user-friendly. It’s a critical safeguard against regulatory scrutiny. comprehensive guide to global consent laws and configurations for guidance on configuring your CMP in accordance with regional laws and best practices. Cross-border data transfers: Navigate the privacy tightrope The Schrems II decision invalidated the EU-US Privacy Shield, sending shockwaves through the e-commerce world. In response, the new EU-US Data Privacy Framework aims to restore balance, but legal challenges may continue . Meanwhile, Standard Contractual Clauses (SCCs) and Transfer Impact Assessments (TIAs) are still being used in many scenarios. Localization laws add more complexity. Some countries require that data remain within their borders, making multi-region operations more fragmented than a 1,000-piece puzzle. To stay compliant and competitive, e-commerce companies must rethink how data flows across systems, vendors, and geographies. That includes , layering on encryption, and monitoring evolving localization laws that can shake up operations overnight. International compliance isn’t a gamble you can afford. Embed privacy into your infrastructure with intention and foresight. If your business handles personal data across borders, you’ll want to explore TrustArc’s tailored international data transfer solutions to simplify compliance and reduce legal risk. Vendor risk: Don’t let your partners be the weak link Are your vendors as privacy-minded as you are? Your data protections are only as strong as the weakest link in your third-party chain. Whether it’s trackers, payment processors, or CRMs, these systems often access sensitive customer information, and if they fall short on privacy, the liability is still yours. Shadow IT compounds the risk. Employees installing unapproved tools can inadvertently open compliance gaps, invite unauthorized tracking, and undermine consent management. These rogue systems often lack encryption, bypass security reviews, and ignore retention schedules. That’s a recipe for reputational damage and regulatory penalties. Start with comprehensive audits. Inventory your tools, map data flows, and identify unvetted applications. Layer in strong governance policies that require IT and legal sign-off before any new tool goes live. Use dynamic vendor contracts that include breach notification clauses and privacy-by-design requirements. don’t let onboarding be the last time you evaluate a vendor. Continuous compliance means continuous oversight. Automate monitoring where possible, require regular privacy attestations, and hold vendors to recognized standards like or NIST. Educate your partners, train your teams, and make sure everyone in the data supply chain knows what’s at stake. to assess where your third-party privacy program stands today. Transparency and trust: Speak human, not legalese Is your privacy policy written for lawyers or actual customers? Transparency is a trust-building exercise. Customers are more loyal to brands that tell the truth plainly. They care deeply about how their information is handled and expect straightforward, human-centered explanations. And the data backs this up. TrustArc’s 2025 consumer and professional privacy survey , 90% of executives believe their organizations are trustworthy, but only 30% of consumers agree. That credibility gap underscores just how vital plain-language policies and clear communication are to building and maintaining trust. Layered privacy notices and just-in-time disclosures make it easier for users to understand what data is collected and how it’s used. Better still, give people a dashboard where they can control their settings, exercise their rights, and see how their information flows. Visual aids like icons, infographics, and streamlined settings interfaces also help turn complex privacy practices into approachable experiences. When in doubt, simplify. If your disclosures require a decoder ring, you’ve already lost their trust. Want to dig deeper into what today’s consumers expect from privacy-forward brands? Learn how transparency drives trust Trust is the new conversion metric Customers don’t just buy products. They buy confidence. Privacy-focused practices are no longer fringe features; they’re core brand differentiators. Companies that respect user data outperform those that don’t—in loyalty, retention, and revenue. Respecting privacy is respecting the person behind the profile. Principles to put into practice: Be precise about what you collect and why. Make consent meaningful and manageable. Fortify cross-border data flows with strong safeguards. Hold vendors to your standards, not theirs. Speak plainly and put control in the customer’s hands. AI-powered personalization , data privacy is a competitive advantage. Ready to transform privacy into your superpower? Smarter Consent. Trusted Experiences. Deliver seamless, customizable privacy experiences that reflect your customers’ values across every domain, device, and marketing channel. TrustArc’s Consent & Preference Manager keeps you compliant and customer-centric at scale. Intelligent Mapping. Instant Risk Insights. Turn sprawling data flows into structured, audit-ready maps in minutes. TrustArc’s Data Mapping & Risk Manager automates discovery, risk analysis, and reporting so you can confidently govern personal data. ==================================================================================================== URL: https://trustarc.com/resource/14-critical-mistakes-avoid-data-privacy-management-software-vendor/ TITLE: 14 Critical Mistakes to Avoid When Choosing a Data Privacy Management Software Vendor | TrustArc TYPE: resource --- Selecting the right data privacy management software vendor is like casting the perfect lead in a blockbuster movie: get it right, and your organization is set for a triumphant run. Get it wrong, and the critics (or regulators) will make sure you pay for it. For privacy, legal, technology, compliance, and security professionals, the stakes couldn’t be higher. The could leave your organization with compliance gaps, inefficiencies, or worse—exposure to costly legal penalties and data breaches. In this article, we’ll explore 14 common mistakes professionals make when choosing a privacy management software vendor. By understanding these pitfalls, you’ll avoid becoming a cautionary tale and instead star in a success story of secure and streamlined data privacy management. 14 Reasons you might regret your privacy software choice (and how to avoid them) 1. Choosing a vendor that can’t scale with your business 2. Selecting a vendor that’s not a dedicated end-to-end privacy management solution 3. Focusing solely on cost 4. Ignoring integration capabilities 5. Overlooking future needs 6. Not vetting vendor security 7. Skipping due diligence on vendor stability 8. Neglecting user experience 9. Failure to engage stakeholders 10. Choosing a one-size-fits-all solution 11. Underestimating training needs 12. Not reading customer reviews or getting references 13. Getting enamored by marketing glitz 14. Focusing on the number of features instead of required features Choosing a vendor that can’t scale with your business Imagine buying a pair of shoes for a marathon, only to outgrow them halfway through. That’s what happens when you pick a vendor that can’t scale with your business. A vendor that’s perfect for your current needs but lacks the ability to grow with your company will lead to headaches as your business expands. Look for a solution that can handle increasing data subject access requests, the multitude of vendor requirements and assessments, and various consent management and preference requirements across multiple jurisdictions. The ability to manage data processes efficiently is non-negotiable. Selecting a vendor that’s not a dedicated privacy management solution Don’t confuse a Swiss Army knife for a surgical scalpel. While many platforms offer privacy as a side feature, only dedicated privacy management solutions are designed to address the nuances of privacy compliance and governance. Confirm that the vendor specializes in data privacy, not merely dabbles in it. 2024 TrustArc Global Privacy Benchmark Report , companies utilizing dedicated data privacy management solutions scored, on average, 6 percentage points higher on the Privacy Index than those using GRC solutions, 11 points higher than internally developed systems, and 15 points higher than free/open-source solutions. These numbers underscore the tangible benefits of investing in a solution built specifically for data protection. Don’t settle for a jack-of-all-trades platform when a dedicated tool can deliver superior results and ensure your privacy compliance If you think the cheapest option will save you money, think again. A low-cost solution often comes with trade-offs: fewer features, limited scalability, or subpar customer support. Consider whether the solution can handle core aspects like , data subject rights, and third-party risk management effectively. Remember the wise words of Jurassic Park’s Ian Malcolm: “Your scientists were so preoccupied with whether they could, they didn’t stop to think if they should.” Apply this to cost-cutting: can it truly support your end-to-end privacy needs, or will it cost you more in the long run? Ignoring integration capabilities Choosing a data privacy management solution that doesn’t integrate with your existing tech stack is like buying a universal remote that doesn’t connect to your TV. No matter how sleek or advanced it looks, it’s useless if it can’t sync with the systems you already rely on. like your CRM, ERP, or security systems isn’t just a “nice to have”—it’s essential for streamlined operations. Ask vendors about APIs, connectors, and compatibility before signing on the dotted line. Selecting a solution based solely on current requirements is shortsighted. It’s like buying a 4-door sedan when your family is expecting triplets next year. Data privacy and protection requirements are growing in complexity, and your vendor should be prepared to support you now and in the future. Not vetting vendor security Would you store your valuables in a safe with no lock? Of course not. The same principle applies to vendor security. Investigate their , encryption methods, and data protection standards. Ensure they meet or exceed the regulations you’re required to comply with—whether that’s Skipping due diligence on vendor stability A flashy interface means nothing if the vendor is a financial house of cards. Investigate the company’s financial health, market presence, and customer retention rates. The last thing you want is to invest in a solution only for the vendor to shut its doors. Neglecting user experience A platform that’s clunky or difficult to use is like trying to solve a Rubik’s Cube blindfolded. User experience (UX) matters, especially for teams that may not have a technical background. Look for solutions with intuitive interfaces and workflows that align with your data management processes. Failure to engage stakeholders Not involving key stakeholders—legal, IT, marketing, and even HR—is a recipe for disaster. Privacy management affects nearly every department in your organization. Ensure all relevant voices are heard early to identify must-have features and potential roadblocks. Choosing a one-size-fits-all solution Your organization is unique—so why settle for a cookie-cutter solution? Vendors that don’t offer customization or flexibility may leave you stuck with features that don’t fit your business requirements and make it difficult or impossible to adjust to your workflows. Avoid the one-size-fits-all trap by ensuring the solution can be tailored to your data privacy law compliance needs. Underestimating training needs Even the best software is useless if your team doesn’t know how to use it. Vendors that don’t offer robust training programs and onboarding support can leave your employees floundering. Make sure the vendor provides comprehensive resources to get your team up to speed. Not reading customer reviews or getting references Would you buy a car without reading reviews or asking around? The same due diligence applies to choosing data privacy software. Check , ask for references, and speak to current customers . Their experiences can reveal what the vendor’s marketing won’t. Getting enamored by marketing glitz Beware of shiny object syndrome. Slick websites and polished demos can mask a solution’s actual limitations. Remember, it’s not about the glitz; it’s about the grit —how well the software performs under real-world conditions. Focusing on the number of features instead of required features More features don’t always mean better functionality. Imagine buying a phone with a hundred apps but only needing five. Focus on the features you actually require and separate them from “nice to have” extras. Don’t let an overwhelming feature list distract you from what matters. Navigating the future of privacy with confidence Choosing a data privacy management software doesn’t have to feel like walking a tightrope. By avoiding these 14 common mistakes, you’ll be well on your way to selecting a partner that aligns with your needs, scales with your business, and supports your data privacy journey. At TrustArc, we’re more than a software provider—we’re an established privacy-first company dedicated to helping organizations navigate the complexities of the data privacy landscape with confidence and ease. With decades of expertise, we understand the challenges you face and have built our solutions to not only meet today’s demands but also prepare you for tomorrow’s opportunities. TrustArc combines advanced technology with deep privacy expertise to deliver an end-to-end privacy platform designed to mitigate third-party risks and fit all privacy requirements and workflows. Our solutions are crafted by a team of in-house privacy experts who live and breathe compliance, leveraging their knowledge to ensure your organization stays ahead of regulatory changes. We don’t just provide tools; we deliver the insights and capabilities needed to transform compliance into a . Our experts continuously review and update our 20k+ privacy and security controls so you can easily track your compliance. Our experts also source one of the most in-depth regulatory databases with 800+ out-of-the-box templates to help you operationalize quickly and over 1,000+ legal summaries to help you compare and digest your compliance requirements in minutes. With TrustArc, you’re not just choosing software—you’re gaining a partner who understands every step of the privacy journey. From to user-friendly dashboards and scalable solutions, we empower organizations to build privacy programs that are efficient, resilient, and future-proof. Our technology is shaped by years of real-world experience, allowing us to share best practices and innovative approaches to managing privacy at scale to discover how TrustArc’s privacy and data governance solutions can help your organization confidently meet its privacy objectives today, tomorrow, and beyond. Take the first step toward better privacy management with a partner who truly understands what it means to prioritize data protection and privacy compliance. 20 Features Your Privacy Management Vendor Can’t Afford to Miss Explore 20 features your privacy vendor should offer to simplify compliance, reduce risk, and future-proof your program. Why and How Companies Switch Sick of your current privacy management vendor? Discover TrustArc’s proven process for seamless privacy vendor migration. ==================================================================================================== URL: https://trustarc.com/resource/growing-demand-for-privacy-technology/ TITLE: The Growing Demand for Privacy Technology Solutions | TrustArc TYPE: resource --- The increasing complexity of conducting business in the digital world has resulted in the need for organizations to adopt solutions that demonstrate compliance. Consumers care now more than ever about what happens with their data when they use these services. The seemingly never-ending announcements of global privacy frameworks make matters even more challenging (and, dare we say it, costly). The old days of spreadsheets and Word documents are simply not up to the demands of the modern digital ecosystem. Growing demand for privacy technology tools to demonstrate compliance For the second year running, and TrustArc surveyed 345 privacy professionals around the globe to gain an understanding of how privacy technology products are purchased and deployed within an organization. Similar to last year’s survey, it is clear that certain technologies belong to the information technology and information security side of the organization, while others clearly fall under the privacy team’s domain. The top four privacy tools teams plan to purchase Perhaps the most notable finding from this report is that privacy and data protection professionals increasingly have input into certain privacy technology purchases, though they often have less budgetary control. privacy teams are most interested in and data flow management, privacy program management, legal updates, and individual rights management In fact, the survey showed that these were the top four privacy tools that privacy teams specifically planned to purchase within the next 12 months. In line with previous results, enterprise-wide technologies that increase security or affect an organization’s IT architecture have a more mature standing in the marketplace. A vast majority of respondents have purchased, tested and implemented network activity monitoring and secure enterprise communications and thus have no plans to purchase such tools in the near future. Mimicking the trend of security, privacy tools may are speculated to grow with adoption over the next several years. The biggest driver for privacy tech adoption is the need to demonstrate compliance. With the arrival of the EU General Data Protection Regulation and other more recent privacy laws, including the California Consumer Privacy Act , the need to demonstrate compliance has grown in significance in the last year. This is only the beginning of regional regulations on privacy. In order to keep up with the quickly growing list of laws and regulations, organizations will require technology that offers scalability and efficiency, while guiding them toward privacy compliance. Privacy tech preferences by the IT office and the Privacy office Privacy tech decision making Not surprisingly, the Privacy/Data Protection teams are most frequently involved in decision making for privacy-specific product categories such as privacy program assessment and management. What is most interesting about the results this year is the spread across IT, InfoSec, Legal, Compliance, and Privacy/Data Protection teams. This indicates that several business units are stakeholders of privacy. Privacy tech budget sources In contrast to the teams involved in making decisions on privacy technology acquisition, the budgets used to purchase these tools are almost exclusively tied to IT, InfoSec, and Privacy/Data Protection. IT and InfoSec have a reputation for large budgets, and more recently are concerning themselves with privacy by design, which may play a role in sourcing these teams to secure budget for privacy technology. What is perhaps the most interesting part are the findings related to usage of While IT, InfoSec, Legal, Compliance, and Privacy/Data Protection teams are decision makers (to some degree), the usage of certain product categories is heavily found within Privacy/Data Protection team. Gather the right stakeholders for the product categories which you’re most interested in. Budget is the biggest barrier for privacy tech adoption. Create partnerships with IT, InfoSec, and Privacy/Data Protection teams. If needed, get creative with leveraging other teams such as Marketing. Consider allowing the Privacy/Data Protection team to drive the privacy technology initiative, as they will have the best understanding of how to make the most of privacy technology tools. Top three fastest growing privacy tech tools in 2019 The increasing complexity of business coupled with a growing list of global privacy frameworks has increased the need for organizations to adopt solutions that demonstrate compliance and are scalable and efficient. In fact, according to the report, 92% of organizations say need to demonstrate compliance is motivation for technology adoption. To help manage this complex regulatory landscape, privacy professionals have turned to tech tools. The top purchase plans for the next twelve months include a spread across 11 different product categories, but the fastest growing are data mapping / flow (24%), data discovery (23%), and assessment management (20%). Why data mapping and data flow? One of the most important steps to build and manage a data privacy program is to create an inventory of all of the personal data processing activities within a company. If an organization does not know the type of data they collect and how it’s shared, processed and stored; or the data inflows and outflows, it is difficult to know if they meet the requirements of the privacy frameworks that impact their business. It is also difficult to know where data resides in order to be able to efficiently respond to situations where individuals may exercise their personal data rights, for example, data subject access requests (DSAR) As privacy and data protection regulations expand, companies need to demonstrate how they reduce and manage risk. Building and maintaining a is an essential first step. EU GDPR and CCPA are two examples of regulations which rely heavily on a comprehensive data inventory to support risk management, compliance reporting and responding to individual rights and DSARs. Why personal data discovery? , individuals have the right to request personal data collected on them. Anytime this happens, privacy professionals are forced to spend countless hours looking for personally identifiable information (PII) of customers, employees and partners. To alleviate these time-consuming activities, privacy pros are turning to privacy tech tools with the right integrations and automation in all the right places. Why privacy program assessment and management? No matter what industry you are in, the size of your organization, or the maturity of your privacy program, conducting regular privacy assessments is important to understand and ensure compliance. These assessments need to address a wide range of legal requirements and best practices and will help build an action plan to identify gaps and define and manage remediation activities. ==================================================================================================== URL: https://trustarc.com/resource/understanding-individual-rights/ TITLE: Understanding Data Subject Rights (Individual Rights) and Their Importance | TrustArc TYPE: resource --- Privacy PowerUp Series #4 Individual rights are not just legal obligations—they form the bedrock of trust between individuals and organizations. They empower people to understand and control the use of their personal data and enable organizations to demonstrate their commitment to data protection. This article will explore the core individual rights, some emerging ones, standards, and common challenges faced when addressing these rights. Additionally, it offers some practical solutions to these challenges. What are data subject rights? Data subject rights, also known as individual rights , grant individuals the authority to control the processing of their personal data. These rights are pivotal in maintaining transparency and trust between individuals and organizations. The core individual rights Let’s break down the core individual rights with real-world examples to understand their significance fully: 1. The right to information Description: Individuals have the right to know if and how an organization uses their data. Depending on the jurisdiction, organizations must provide details such as the purpose of processing, contact information, and categories of personal data held. Example: An individual requests confirmation of the processing of personal information from a social media platform, and the organization responds with information typically included in its privacy notice, such as details on how personal data is used for personalized ads. Challenge: With the vast amount of data generated daily, it’s challenging to keep track of the data held on the individual, its sources, the purposes of collecting it, its authorized uses, etc. Description: Once individuals confirm their data is being processed, they have the right to receive a clear and intelligible copy of such information, including data they might not realize is being collected. Example: An individual requests their data from a shopping website and learns that the site has inferred certain preferences based on their purchase history. Challenge: Organizations must handle vast amounts of data, ensuring every piece related to the requester is included in the response. 3. The right to rectification or correction Description: Individuals can request the correction of inaccurate, incomplete, or outdated information. Example: A person who finds an error in their credit report can request that the information be corrected to reflect their accurate credit score. Challenge: Ensuring timely and accurate corrections across all data systems within an organization. Description: Also known as the right to be forgotten, this allows individuals to request the deletion of their personal information under specific circumstances. Challenge: Identifying all instances of the individual’s data across systems and ensuring complete deletion. 5. The right to objection Description: Allows individuals to request organizations stop using their personal information in specific circumstances, such as for marketing or automated processing. Example: A customer objects to their data being used for targeted ads, prompting the company to stop using their data for marketing purposes. Challenge: Balancing the individual’s request with the organization’s interests and existing data processing activities. 6. The right to data portability Description: Gives individuals the ability to transfer their personal information to another organization when needed. Example: A user transferring their health records from one medical provider to another. Challenge: Ensuring data is transferred in a usable format while maintaining security and privacy standards. Emerging individual rights Beyond these core rights, additional individual rights have emerged, reflecting specific uses of personal data and new technological developments: Right to opt-out of sale of personal information: Allows individuals to prevent their data from being sold to third parties. Right to limit use of sensitive data: Grants individuals control over how sensitive data (e.g., medical records) is used. Right to explanations for automated decisions: Ensures individuals receive explanations for decisions made through automated processing directly affecting them. Balancing individual rights and organizational responsibilities It’s important to note that individual rights are not absolute. There are exceptions, particularly when national security, trade secrets, or other individuals’ rights are at stake. Most jurisdictions have similar requirements for how organizations must respond to individual rights. Understanding these requirements is crucial, as they dictate timeframes, verification of identity, response methods, fee-charging policies, and handling unfounded or excessive requests. The growing challenge of responding to individual rights 79% of the world’s population is covered by some form of data privacy regulation. With data complexity and volume increasing, manually responding to individual rights can become impossible and costly. To avoid costly fines and legal ramifications, consider automating the process of managing individual rights requests . Automation can provide a consistent approach and response, reducing the burden on your organization and ensuring compliance with evolving data privacy regulations. Strengthen trust and compliance by effectively managing individual rights Individual rights are foundational to building trust and transparency between individuals and organizations. By understanding and effectively managing these rights, organizations can comply with legal obligations, enhance their reputation, and strengthen their customer relationships. Ready to streamline your Data Subject Requests (DSRs)? Automate and scale your workflows to ensure compliance, save time, and show your commitment to customer rights with TrustArc’s Individual Rights Manager Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Understanding Individual Rights Infographic Keep individual rights front and center with this simple infographic. Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials. Read the next article in this series: #5 The Foundations of Privacy Contracting Read more from the Privacy PowerUp Series: Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Managing the Complexities of International Data Transfers and Onward Transfers Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory: Next-Level Classification for Privacy Professionals Incident Incoming–Now What? ==================================================================================================== URL: https://trustarc.com/resource/5-tips-to-maximize-your-data-protection-program/ TITLE: 5 Tips to Maximize Your Data Protection Program | TrustArc TYPE: resource --- Great, you’re compliant! Now what? Compliance with data protection regulations doesn’t make the company privacy focused. If you’ve established a privacy program foundation based on compliance, it’s time to take the next step and maximize your data protection program. Data protection and privacy aren’t just things to do to keep regulators off the company’s back. There are real people behind the data and numbers. When organizations take data protection seriously beyond compliance, it demonstrates to consumers that the business values their trust. Companies are now stewards of people’s personal information. That’s a massive responsibility. If handled with care, it can deepen your relationship with consumers and vendors. But if this information is mistreated, some may never forgive the business. And you won’t just lose customers. Data protection is critical up and down the entire supply chain. Vendors and other business partners are paying close attention to your data protection practices. While compliance is very important, TrustArc’s 2022 Global Privacy Benchmarks Survey demonstrates that keeping brand trust is the most important reason to take data privacy seriously. You must get the entire organization on board to maximize your data protection program. Privacy focused companies are formed because everyone understands how data protection drives business value. It’s embedded into the company’s DNA. Five ways to improve a data privacy program If your organization is ready to move beyond privacy law compliance and start putting privacy first, implement these five tips to improve your data protection program. #1 Triple check your data inventory If your business has a privacy program, it most likely has a data inventory. It’s nearly impossible to comply with data protection regulations like the GDPR under California’s privacy laws without one. But a data inventory isn’t something you can do once and file away. Your data inventory is a snapshot in time – but your organization’s data processes aren’t. Business functions are continuously changing how they capture and use data. It’s necessary to revisit your and revisit it often to keep up with changes. An updated data inventory is one of the most important pieces in your privacy program. It contains every source of data (internal and external), what type of data is collected and where it’s stored, where it’s used and shared, and how it’s used and shared. A complete data inventory will include every business partner, affiliate, and third party (vendors) that can access systems or your data. In most organizations, there’s more data than anyone knows what to do with, and often duplicate data across different databases. Once a data inventory and map are documented, it becomes easier to simplify processes to improve how data flows in and out of the organization and better manage the risk of privacy incidents. Maximize your data inventory and map to drive business value. Reduce duplication across information systems and databases. Identify overlaps between functions and simplify the flow of information. Implement automation technology to integrate, migrate, and organize data into a centralized inventory with scheduled updates. Develop dashboards to monitor how business functions and third parties process data and the risks associated with that processing. Dedicate resources to reducing the highest risk areas to enable cross-border data flows and support innovation inside the business. #2 Go on a data minimization mission Data Lakes. Big Data. Business Intelligence. Data Analytics. Data Science. Everyone everywhere is focused on getting more value from data. But the best way to extract more value from your data is to understand what information is most relevant. Businesses don’t need more data to innovate. They need to understand how to better use the information they collect for business intelligence efforts. And a well maximized data protection program will do just that. The first step in data analysis is to define the project clearly. A well-defined problem statement or goal of the analysis is necessary to discover critical insights that drive innovation. Often, only a subset of the data businesses collect is used. And data scientists spend most of their time cleaning and trimming datasets before ever beginning predictive analysis. Privacy teams and business analytics teams can work together to reduce the amount of information that is collected and stored. Only collecting data that is absolutely necessary for business functions can drastically reduce your risk and simplify your data privacy program. The hype around big data and machine learning leads many to wrongly believe that more data is better. But rather than more data, focus on collecting the highest quality data possible with permission from the data subject. And work across the business to stop collecting unnecessary data. #3 Invest in automated capabilities Maintaining a current data inventory, responding to data subject requests, and mapping compliance against data privacy regulations takes incredible resources. After you’ve developed a manual foundation for your data protection program, including privacy notices, policies, and documenting each department’s data processes, implementing automation improves business workflows. Privacy Impact, Data Transfer, and Data Protection Impact Assessments become easier with and without passing spreadsheets back and forth between departments. When combined with TrustArc intelligence, those assessments can transform into risk analysis and monitoring dashboards. And that pesky data inventory that keeps changing, you can automate those too. Knowing where your data lives and flows is critical for responding to data subject requests. How can you decide which automation solutions are worth your resources? First, record how your time is spent over 1-2 weeks. Which tasks are you devoting most of your time to? Which tasks are the most important? What are things you would like to get to but can’t find the time for? Look for automation solutions that can reduce the items you spend most of your time on so that you can spend your resources on more important tasks that have been on the back burner. Also, consider the risk associated with each activity. Where should you spend your time to best mitigate risk for the data subjects and the company, and what can be done to reduce that risk through automation? CCPA as amended by the CPRA , LGPD, and other privacy regulations mandate that organizations must be able to provide personal information collected on consumers when requested. And individual rights requests Depending on the regulation, response processes and the required timelines for response vary. As the business grows, the number of these requests could become extensive. Taking in these requests, making sure they reach the correct parties, finding accurate information, and replying to all within the designated time frame doesn’t have to be a logistical nightmare. Automation of data subject requests fulfillment speeds up your response times, simplifies your processes, and reduces effort and costs, all while building consumer confidence. Centralize data subject requests across your teams and vendors to easily fulfill these tasks in one portal with TrustArc’s Individual Rights Manager #4 Give consumers control of their data These days, brands are trying to reach customers in any way possible. Furthermore, companies share consumer information with their partners and vendors, who also send marketing messages. Although data use and sharing are often needed for legitimate business purposes, it’s also sometimes abused. In some cases, people are growing tired of the constant parade of marketing messages and advertisements everywhere they turn. And this isn’t surprising, considering Americans receive an average of 10,000 marketing messages daily. marketing fatigue causes people to tune out your message, even though it might be highly relevant to them. As a result, they may even decide to block your email or communication attempts. Letting consumers control their communication preferences builds trust and can reduce the number of people who would otherwise block or ignore your brand completely. Additionally, putting control in your customer’s hands can help you better manage data subject requests and reporting to comply with GDPR and CCPA. The best example of putting customers in control is a consumer facing portal where they can see what information the business has about them and make changes to communication preferences and consent. People value transparency, but trust is built when organizations follow through on their promises. If a customer updates their consent, their decision must be respected. Maximize your data protection program with a customized, customer facing preference center with TrustArc’s Consent and Preference Manager and streamline preference collection across all brand touchpoints while distributing that information to your entire marketing tech stack. #5 Develop an annual privacy training plan As a baseline, many companies send out an annual privacy or security training which usually covers the basics like don’t share login information and how to recognize phishing. But privacy training should go beyond a once-a-year compliance exercise. And it’s not enough to try to cover privacy during employee onboarding. New hires are already being exposed to tons of new information. Privacy training needs to happen when it can be retained. Although your company might think you’ve covered privacy training enough already, think again. majority of companies revealed there is still much to be done when it comes to sufficient privacy training. Only 20% of full-time employees outside the privacy office believe they’re sufficiently trained in privacy matters. And 78% of privacy team members also believe they still need more sufficient training in privacy matters. To fix this in your organization, incorporate a regular cadence of fun, privacy training sessions for all employees into your data protection program. Work with function leads to identify specific departments and topics that need tailored data protection training. Create a slack channel dedicated to privacy where people can share news articles and insights about trends in data protection, enforcement, and emerging innovations to keep privacy in mind and demonstrate its real-world context. Encourage and sponsor memberships to organizations such as the International Association of Privacy Professionals and external development opportunities that will increase data protection knowledge. Share the social media profiles of active thought leaders in the privacy space so other employees can follow them and learn from their content. Plan an internal communication strategy using short, frequent reminders of how data protection leads to business value. To help employees unfamiliar with privacy understand how it applies to individuals and the data the organization collects, explain privacy in personal terms. Use them as the example of the data subject and ask how they would feel if their information was used without their consent. Most can easily understand privacy once they put themselves in customers’ shoes. And that’s what privacy is really all about, after all. The people. ==================================================================================================== URL: https://trustarc.com/resource/creating-unified-trust-center-steps/ TITLE: Creating a Unified Trust Center: Essential Steps for Success | TrustArc TYPE: resource --- As data breaches fill headlines and consumer skepticism is at an all-time high, the traditional view of privacy as merely a compliance requirement is rapidly becoming outdated. . And it’s now a must-have for businesses. Today, leading organizations understand that privacy is not just about meeting regulatory demands; it’s a strategic asset that can differentiate a brand and build deep, trusting customer relationships. With the rise of technology and the internet over the past two decades, the amount of data available has exploded. Businesses recognized the potential to use this information to increase efficiency and profits. And as technology use accelerated, regulators fell behind. In some companies, data protection and privacy fell by the wayside. But the enactment of the General Data Protection Regulation (GDPR) in 2018 ushered in a new era of privacy, where compliance was especially prioritized. A positive privacy experience increases brand preference by as much as 43%. Yet, in 2024, the tides have shifted again. Gone are the days when privacy was seen solely through the lens of regulation and compliance. Most of the population is protected under some type of data privacy regulation, and businesses have moved beyond privacy compliance to leveraging privacy as a differentiator. For the second year in a row, TrustArc’s annual Global Privacy Benchmark survey reveals that ‘keeping brand trust’ was the top privacy goal for responding organizations . The report also highlights ‘risks to reputation and trust’ as the second highest privacy risk. Consumers have also gotten savvier. Now, privacy is a pivotal point of customer experience, with a positive privacy experience increasing brand preference by as much as 43% . This dramatic shift signifies that customers are interested in the end product and the ethics and practices of the companies they engage with. Companies like Apple are using this shift to their advantage . For example, Apple is known for championing user privacy. It encrypts all data stored on its devices and has a strict policy against collecting and sharing user data without explicit consent. And it focuses on educating consumers about how companies use their data and what options they have to protect it. 34% of consumers will switch companies after one suffers a data breach. The standard has changed. B2B and B2C consumers expect businesses to be deeply committed to data protection and privacy. In fact, will switch companies after one suffers a data breach. The obscurity of trust and safety information However businesses are running into a problem. Many companies’ policies, notices, communications, cookie banners, etc., aren’t building trust—they’re doing the opposite. You can’t use privacy to build trust if your policies, notices, disclosures, overviews, and communications are scattered, outdated, and too hard to understand. From managing personalized data privacy preferences to real-time notifications about policy changes, customers want a better solution. As technology advances and data becomes more valuable than ever, the importance of privacy and transparency will only grow. It’s no longer enough for organizations to simply comply with regulations and meet minimum requirements; they must prioritize building trust with their customers through transparency. What is a unified Trust Center? is more than a website or a section on a company’s page. It’s a comprehensive, centralized, virtual space where organizations transparently share privacy, legal, compliance, and security information. These centers demonstrate an organization’s commitment to safeguarding data and respecting user rights, showcasing everything from security reports such as SOC 2 and privacy certifications (e.g. TRUSTe Responsible AI Certification ) to real-time updates on policy changes. exemplifies this evolution, offering a seamless blend of brand elements that reinforce trust while managing all front-facing trust and safety information efficiently. By enabling organizations to update documents instantly and toggle between public and private settings, Trust Centers have become dynamic tools that reflect an organization’s live commitment to trust and safety. It serves as a hub for consumer engagement, answering critical questions about a company’s privacy policies and practices. It has become a standard tool for managing trust content – crucial for organizations that uphold trust as a core brand value. The ability to quickly provide stakeholders with easy access to privacy and security information streamlines workflows and drives tangible ROI through enhanced consumer relationships. Understand the future of trust management for legal, security, compliance, and privacy professionals. On demand: Unified Trust Center See how TrustArc Trust Center saves time and work while reducing legal and reputational risk. Unified Trust Center development While building a unified Trust Center will vary depending on the organization, below is an example of what’s included in the process. For most organizations this takes at least three months and requires cross-collaboration between many stakeholders including privacy, security, legal, compliance, IT, marketing, and web development. 1. Strategic planning and vision: Identify the trust center’s primary goals and determine its target audience and their specific needs. For example, simplify how the organization communicates and manages all trust and safety information, including privacy, security, legal, compliance, and product. The target audience includes consumers, regulators, and business partners or vendors. Establish a leadership team to oversee the project, align stakeholders, and assign roles and responsibilities. 2. Data security and privacy notices and policies: Create or locate your data security and privacy notices and policies that adhere to applicable standards and regulations. Develop an internal audit of content and methods for easy maintenance of content updates. 3. Infrastructure and technology: Working with your organization’s information technology and security teams , establish a secure IT infrastructure with advanced security measures, secure data storage solutions, and backup mechanisms. Choose appropriate platforms for the Trust Center’s content management and website development. Design a clear and intuitive information architecture for the Trust Center. Organize content into logical sections such as security, legal, privacy, and transparency/availability. Develop all necessary detailed documents including policies, procedures, certifications, and FAQs. Plan to update this content regularly to reflect the latest practices and updates. 5. Compliance and certification: If you haven’t already, consider obtaining relevant security and privacy certifications to display prominently on the Trust Center. Conduct regular audits and address their findings promptly and updated practices as needed. 6. User experience and design: Design the Trust Center with a focus on usability and availability. Test the website’s responsiveness and be sure it works well on various devices and browsers. Incorporate interactive features like compliance reports, self-service portals, and customer support options. Provide tools for customers to assess your compliance and security posture and make individual rights requests Keep in mind that poor management of individual rights requests and a subpar user experience can undo the benefits of spending millions on building positive customer sentiment. 7. Continuous improvement and monitoring: Implement tools to monitor the Trust Center’s performance, security, and user engagement. Use analytics to understand user behavior and improve the Trust Center continuously. Establish channels for user feedback and incorporate relevant suggestions into the Trust Center. Regularly review and iterate on your Trust Center based on user needs and industry trends. 8. Communication and training: Ensure all stakeholders know their roles in maintaining the Trust Center. Develop a communication plan to promote the trust center to customers and partners. Use various channels to keep stakeholders informed. 9. Incident response and management: Have a clear process for reporting security incidents to customers. Provide timely updates and detailed reports on incidents and resolutions in the Trust Center. 10. Documentation and reporting: Gather detailed records of all security measures, compliance activities, and audit results. Be sure this information is easily accessible and current. Aligning all stakeholders to plan and build a homegrown Trust Center is no easy task. Not to mention, the build and continuous updates take away time from marketing and web development, costing between $15,000 and $30,000. It also takes weeks and months to build and maintain it (e.g., updating a policy or adding a downstream vendor). to consider as legal and security teams will often need to wait several weeks for their updates to be implemented into the platform. Don’t create, use Trust Center by TrustArc The transition to viewing privacy as a trust-building tool represents an organizational cultural shift. TrustArc’s no-code Trust Center embodies this change, centralizing privacy, security, legal, and availability workflows, thereby enabling organizations to manage their front-facing trust efficiently. As privacy regulations continue to evolve, so will the importance of trust and transparency in business practices. Organizations that strategically invest in building a strong Trust Center now will position themselves for long-term success as customer expectations shift towards increased privacy protection. Creating a modern trust and safety hub like TrustArc’s unified Trust Center empowers core teams, setting up in minutes without the need for coding, and seamlessly blending brand elements into the Trust Center to reinforce trust. This approach enhances efficiency and showcases an organizational commitment to trust and safety by centralizing all relevant information. The evolution of privacy from compliance to trust is an ongoing process, but embracing this shift can benefit businesses and consumers significantly. By prioritizing transparency and investing in a comprehensive Trust Center, organizations can build strong customer relationships based on trust and ethical data practices. This will set them apart in a crowded marketplace and foster long-term loyalty and support, as privacy remains a crucial concern for individuals worldwide. So, the message is clear- make sure your organization has a robust Trust Center in place to reduce reputational and legal risk, while achieving trust by demonstrating your commitment to privacy. The Trust Center Advantage A guide to efficient compliance and trust enhancement through innovative information sharing. Build trust with a Trust Center Discover a purpose-built “no-code” online Trust Center that simplifies all aspects of public-facing trust and safety. ==================================================================================================== URL: https://trustarc.com/resource/the-debate-continues-privacy-program-vs-compliance-which-reigns-supreme/ TITLE: The Debate Continues: Privacy Program vs. Compliance, Which Reigns Supreme? | TrustArc TYPE: resource --- Privacy has changed. Decades ago, it was less complicated, with fewer regulations and opportunities to capture data. While just checking the boxes was once good enough, organizations now need an ongoing privacy program to keep up with changes in regulations, technology, and consumer preferences. is thrown around like candy, and data breaches have become the norm in our news cycle. Not only are regulators watching, but so are your consumers, executives, and board members. Although a one-and-done approach to privacy compliance can sound ideal, it will likely leave the organization open to learning an expensive lesson. Compliance is Not Enough: You Need a Risk-Based Privacy Program Developing an effective privacy program goes beyond compliance. It requires a strategic approach to how organizations manage and protect data aligned with business processes. Some privacy experts even insist that achieving 100% compliance shouldn’t be the goal and isn’t realistic today. There aren’t enough resources for organizations to keep up by putting out fires. helps organizations have confidence that they are doing their best to protect information. This shouldn’t be seen as avoiding legal compliance but rather as taking the most effective, preventative approach to protecting what matters most. Companies recognize that respecting privacy is good for business, as consumers value brands that prioritize privacy. Because of this, grant privacy rights to individuals across the board – rather than by legal jurisdiction. This approach also creates less work for your privacy team (and saves you money). A Culture of Privacy Creates Business Value Privacy, security, and data conversations are no longer reserved for legal, compliance, governance, and IT teams. Because data is used in nearly every business function, data protection awareness and processes are needed across the organization. Data protection and privacy are part of everyone’s job. Information enables the creation of better products, services, and customer experiences, driving innovation and business value. But handling data comes with great responsibility. To continue to benefit from data, executives must establish privacy as a business strategy, not a cost. A strong culture of privacy enables employees to use accurate, relevant data in ethical, transparent ways to increase business value. It’s an awareness of privacy across the organization and adherence to using personal information responsibly – as if it were your own. The values of transparency, accountability, and honesty often permeate organizations with robust privacy protections. Organizations that demonstrate these values respect consumers’ wishes about how their information will be used. This creates mutual respect and trust between both parties and, in many cases, an advantage over competitors Organizations should increase privacy awareness and consistently train and update employees about data protection. Keeping employees trained is important because the most likely root of an expensive privacy or security incident is one of your employees. A culture of privacy can reduce those odds. Building privacy into products and services by default is even more important in today’s IoT world, where just about everything collects data constantly. As privacy permeates an organization’s culture, it is demonstrated through the thoughtful design of your products and services. When privacy is considered from the beginning of a project, choices are made about what information to collect and how to provide notice, choices, and transparency to users. Many headaches can be avoided by planning data minimization in your products and service development. focuses on collecting only what’s absolutely necessary for processing. And businesses currently have a long way to go. revealed that 42% of companies aren’t sure how to effectively use the data collected with consent. So nearly half are collecting data without a strategy to extract value, leaving massive data graveyards in the wake. Companies have more data than time to explore it. Privacy by design can reduce the data overwhelm and help you find valuable insights from your data with less risk to the subjects. As you can see, data privacy and data protection go far beyond compliance with legal guidelines. If you want to keep using data without the threat of fines and losing consumer trust, proactively consider privacy with a risk-based program. Rather than playing catch-up every time a new regulation is introduced, quickly adjust and feel confident your organization is compliant. Beyond Compliance: Four Steps to a Risk-Based Privacy Program Assess the Current State and Your Privacy Program Requirements Start with fully exploring your current privacy program requirements and the economies and jurisdictions your company operates in. At a minimum you should answer the following questions: How is the business defined? What privacy laws and regulations apply to you? What jurisdictions are you operating in? State? National? International? List every single one. Do specific data laws, such as HIPAA or , apply to your organization? Healthcare, finance, and manufacturing are highly regulated industries. And protecting children in the digital age has become paramount as well. What information does your organization collect? Store? Share? Process? Sell? Where is the information stored? Who are the privacy stakeholders in your organization? Establish a committee with people from legal, IT, cybersecurity, marketing, HR, and other departments to support the privacy program efforts. Identify Your Current Compliance Level and Risk The purpose of using a risk-based approach is to weigh the benefit of processing data against the risk of doing so. Thus you can develop the right processes to accommodate the risk to the data subject. When you think about harm or risk, remember it is the damage or negative impact to an individual that may flow from the data processing. Data protection laws protect people, not data. Depending on your organization and how much information it collects or processes, this step may keep your privacy team busy. Furthermore, Because privacy and technology change quickly, the company’s compliance status may change. Don’t think you’ve checked this box off for good. Keep a constant tab on the business strategy and where it’s headed. Literally and figuratively. If the business plans to expand into new geographies, additional regulations may impact you. Conduct a general privacy impact assessment (PIA) to discover your current compliance level. This will help you identify what data resides in the business (data inventory) and general potential risk areas from a technology perspective. Conducting a PIA is also recommended anytime you start a new project, develop a new app, on existing applications that store or process personal information, and when business processes are changed. Want to know more about privacy assessments? Download >> The Top 10 Most Common Privacy Assessments After doing a broad PIA you should have a general understanding of your riskiest activities based on the organization’s technology use and volume of data. Through this process you should have created a data inventory documenting what types of data it collects, how its processed or shared, where it goes, who has access to it, how long it will be retained, and when and how it’s disposed of. Next, domain specific assessments should be conducted on your privacy policies, vendor management process, and data subject rights response compliance, for example. An important assessment for many companies operating internationally is Transfer Impact Assessments (TIAs). Additionally, it may be necessary to conduct Data Protection Impact Assessments (DPIA) , which focus more specifically on the harm to individuals. GDPR Article 35 requires that Data Controllers conduct a DPIA before a processing activity takes place that is likely to pose a high risk to the rights and freedoms of individuals. How risk is defined, processing activities are classified, and tolerance for risk can vary greatly between organizations. Senior executives, legal, compliance, governance, and board members should discuss the level of risk the organization is willing to tolerate. Risk is commonly divided into three categories based on the type of data, volume, applied safeguards, potential for malicious use, potential damage to the data subject, and legal requirements. Low, Moderate, and High. Develop a custom scale for your organization to prioritize risk and analyze how likely the threat is to cause harm and how serious the harm would be. And to determine what levels of security and protection are appropriate for each level of risk. There are a few examples of high risk processing activities in the GDPR: Systematic and extensive automated profiling Processing on a large scale of special categories of data Large scale systematic monitoring of a publicly accessible area And the European Data Protection Board has defined guidelines for high risk processing activities: Evaluation or scoring (credit checks) Automated decision making with legal or similarly significant effects (job opportunities, promotions, loans, etc.) Systematic monitoring (employee workstation monitoring) Sensitive data or data of a highly personal nature Data concerning vulnerable subjects Data processed on a large scale Datasets that have been matched or combined Innovated use or new technology (fingerprint and facial recognition for access control) Interferences with rights or opportunities Other likely high risks to the fundamental rights or freedoms of individuals As you conduct assessments and associate risk levels to your activities, thoroughly document how you reached those conclusions and the evidence used. This is necessary in case a threat, breach, or audit occurs. Meticulous due diligence efforts during this phase demonstrate accountability. in some cases being able to demonstrate compliance is mandatory. You need to establish a good system for completing and organizing your Article 30 Reports, DPIAs, and other privacy and risk assessments, so they’re readily available to demonstrate compliance. With the TrustArc Assessment Manager, you can automate, simplify and customize the DPIA and PIA process to complete only what’s necessary for your organization and save your privacy team time. You’ll get an organized repository of all your assessments and a valuable picture of your compliance gaps, high risk areas, and a path to remediation. Prioritize and Mitigate Risk Now that you clearly understand what regulations apply to your organization and your data processing activities, you can develop a strategy for prioritizing and mitigating the risk to the organization and to the data subjects. It probably goes without saying that you should start by mitigating your areas of highest risk first. Enforcement actions can also give you an idea of what authorities are paying close attention to. Mitigating risk in those areas is recommended as well. An important aspect of your privacy program will be compliance with data subject access requests (DSAR) . This includes requesting to stop selling or sharing information, know or access, change, and delete personal information. These requests are part of how individuals in the EU, California, and other jurisdictions exercise their privacy rights. Because the CCPA, as amended by the CPRA , dictate response requirements within a specific number of days, you won’t want to overlook this aspect of your privacy program. To support compliance with DSARs on time incorporate the following into your strategy. Complete a data inventory and map. Establish a process to intake individual rights requests that is easy on the individual and ensure this process is well communicated throughout the organization. Validate the individual’s identity. Once the request is validated, have a process to review it, evaluate the data referenced, the reasons for processing the data, and evaluate any exceptions. Put in place an appeals process for denied requests. Retain documentation throughout the process. At this stage, you’ll better understand the tools and resources your privacy program needs based on your risk and desired outcomes. If your team wants to automate data subject requests fulfillment to improve response times, reduce cost, and build customer trust, try TrustArc’s Individual Rights Manager Establish Response Procedures and a Strategy for Ongoing Monitoring and Compliance Here, you can set the foundation for their privacy program. Using the business strategy, your data inventory and map, privacy assessments, and overall risk analysis results, you can create a long term privacy strategy that also achieves your short term compliance goals. As you create your privacy program, you’ll want to include the many assessments and reports required annually by law. GDPR requires Article 30 Reports and DPIAs; other examples include PIAs and security assessments. It’s also a best practice for you to conduct these assessments regularly as things quickly change with data, technology, and regulations. what the laws have in common and your responsibilities as the handlers of precious data. Don’t collect more than you need, be accountable, and embed privacy by design into development processes. As new laws are introduced, you will no longer need to return to the drawing board. Rather than developing a compliance strategy for every regulation, you have established a baseline privacy standard. Now you just need to look for where the law differs from the standards you already have. ==================================================================================================== URL: https://trustarc.com/resource/navigating-chinas-privacy-framework/ TITLE: Navigating China’s Privacy Framework | TrustArc TYPE: resource --- In today’s global business environment, understanding China’s stringent privacy framework is crucial for organizations, as non-compliance can lead to severe legal and financial penalties. China has witnessed significant developments in its privacy landscape , with the introduction of key laws and regulations that have far-reaching implications for organizations processing personal information (PI) China’s privacy landscape has evolved significantly since 2021. Prior to this time, businesses processing PI in China had to piece together different privacy provisions found in various laws and regulations. Today, China’s privacy regime can be more easily discerned; together, the Personal Information Protection Law (PIPL) , the Cyber Security Law (CSL), and the Data Security Law (DSL) form the foundation of China’s data protection framework. These laws encompass a wide spectrum of regulations governing the collection, use, disclosure, and security of PI. Understanding and complying with China’s privacy regulations is crucial for organizations seeking to operate within the country or engage with Chinese citizens. In this blog, we’ll delve into the essential insights and key considerations for organizations that must adhere to privacy regulations in China. China’s Privacy Regulatory Framework The Personal Information Protection Law (PIPL), in particular, shares similarities with the GDPR, such as: an extraterritorial scope, impacting not only entities within China but also those processing PI of Chinese citizens overseas legal grounds for processing PI that put consent on equal footing with other valid grounds (e.g., contractual or legal obligations, vital interests, public health and security) the use of cross-border transfer mechanisms (e.g., security assessment, standard contract) to ensure the secure transfer of PI outside of China individual rights requests (e.g., access, deletion, correction, data portability). Just like organizations doing business in the EU under the GDPR, compliance with the provisions outlined in PIPL is paramount for organizations seeking compliance in China. Additionally, the Cyber Security Law (CSL) focuses on cybersecurity protection, encompassing safeguarding personal information processed through computerized information networks. Organizations must recognize the applicability of the CSL to network operators and the implications for data protection within the cybersecurity landscape. The Data Security Law (DSL) extends its regulatory purview beyond personal information, encompassing a broad range of data categories. Its emphasis on categorizing data based on importance, including considerations for national security and public interest, underscores the comprehensive nature of China’s data protection framework. Making sense of China’s privacy laws Below is a brief comparison of what China’s three main laws cover and who they apply to: China’s comprehensive data protection law Regulates the collection, use, and disclosure of PI Shared elements with GDPR include an extraterritorial scope, processing principles, legal grounds for processing, cross-border transfer mechanisms, and individual rights Applies to processing of PI by individuals and businesses (PI processors) in both public and private sectors Within China that process PI of Chinese citizens Outside of China that process PI of Chinese citizens for the purpose of providing goods or services or analyze and assess behaviors China’s main law regulating cyberspace Addresses protection of PI processed using computerized information networks Focuses on cybersecurity protection, including protection of critical information infrastructure and certification of network services and products Applies to all network operators, including network service providers (i.e., entities that construct, operate, maintain, and use computerized information networks) China’s main law regulating different classifications of data Requires data to be categorized by different levels of importance, such as data impacting national security and public interests Applies to data processing activities of all natural and legal persons Businesses outside of China are liable if their processing of data harms Chinese national security, the public interest, or the lawful rights or interests of Chinese citizens or organizations In addition to the core laws, China’s data protection framework is complemented by the Personal Information Security Specification , a voluntary set of best practices that provides granular, practical guidelines for implementing compliant PI processing. While the PIPL takes precedence, Chinese authorities still leverage the Specification to assess organizations’ compliance with privacy obligations, making it a valuable supplementary compliance tool for businesses. Understanding China’s Cross-Border Transfer Rules China’s cross-border transfer rules aim to ensure that PI is handled securely when transferred outside of China. The Regulations on Promoting and Regulating Cross-Border Data Flow s is the main legal text governing the transfer of PI outside of China. China’s cross-border rules differ from those in typical data protection laws in that the data transfer mechanism required relies on the type and amount of PI transferred, rather than who the recipient is or their location. Unless an exemption applies, transfers must comply with one of the following data transfer mechanisms: data export security assessment, standard contract, or PI protection certificate. Regardless of which data transfer mechanism used or exemption relied on, all transfers must meet specific conditions , such as informing individuals of the transfer, obtaining individual consent, and conducting an PI protection impact assessment. China’s Enforcement Landscape Navigating China’s data protection framework also entails understanding the regulatory authorities and enforcement landscape. While the Cyberspace Administration of China (CAC) serves as the primary enforcement authority for non-sector-specific entities, other State Council departments, such as the Ministry of Public Security (MPS) and the Ministry of Industry and Information Technology (MIIT), play crucial roles in supervising and administering privacy protection within their respective sectors. Organizations operating in China must be cognizant of the enforcement mechanisms and penalties associated with non-compliance. For instance, PIPL establishes a private right of action for individuals who have been denied the opportunity to exercise their rights and holds organizations criminally liable for violations that may constitute a crime. Administrative penalties can reach as high as RMB 50 million (~ 7 million USD) or 5% of turnover for the previous year, including suspension or cessation of related business activities and/or revocation of the relevant business permit or license. Liability extends to persons in charge and other directly liable persons, with fines imposed up to RMB 1 million (~ 142,000 USD). Organizations must take a proactive approach to ensure adherence to the evolving privacy landscape. Move forward with confidence Compliance with privacy regulations in China is a multifaceted endeavor that demands a thorough understanding of the legal landscape and a proactive approach to data protection. Staying informed about the evolving regulatory landscape and proactively adapting their privacy practices will be instrumental for organizations seeking to operate ethically and sustainably within China’s dynamic business environment. Get detailed insights, tools, and templates to help you manage China’s Privacy Framework and other regulations. China – Cross-Border Transfer Rules Template Review the rules for transferring personal information (PI) outside of the People’s Republic of China. ==================================================================================================== URL: https://trustarc.com/resource/webinar-privacy-regulatory-briefing-ai-and-childrens-regulatory-update/ TITLE: Privacy Regulatory Briefing: AI & Children's Regulatory Update TYPE: resource --- Privacy Regulatory Briefing: AI & Children's Regulatory Update Privacy regulations are evolving quickly, and staying current can be challenging for even the most experienced privacy teams. The Privacy Regulatory Briefing series provides timely updates on regulatory developments, enforcement trends, and emerging compliance expectations impacting organizations today. This Briefing will explore: How artificial intelligence and children’s data protection are rapidly becoming a regulatory priority . Privacy and compliance teams must now understand how emerging AI regulations and evolving protections for children’s data impact governance frameworks, risk management, and transparency obligations. What we are tracking – artificial intelligence bills that range from national frameworks to specific use cases like transparency, algorithmic pricing, and chatbots. Rapidly evolving children’s privacy legislation , extending beyond age-appropriate design-code-inspired laws to include technology-specific bills that increasingly shape how companies address children’s data. The increasing focus of regulators on how AI systems are designed, deployed, and monitored , especially when they involve minors or sensitive personal data. Join this high-impact, 60-minute session to hear the latest developments shaping AI and children’s privacy regulations! About The Privacy Regulatory Briefings : Each session focuses on a specific region or topic/s and breaks down what privacy leaders need to know — and what actions to consider next. TrustArc experts translate complex regulatory updates into practical insights to help your organization assess risk, operationalize compliance, and stay ahead of evolving privacy requirements. This webinar is eligible for 1 CPE credit. VP, Knowledge & Global DPO, TrustArc Privacy Knowledge Lead, Law Library, TrustArc Policy Counsel, U.S. Legislation, Future of Privacy Forum ==================================================================================================== URL: https://trustarc.com/topic-resource/ai-privacy/ TITLE: AI Privacy Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/automation/ TITLE: Automation Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/ccpa-cpra/ TITLE: CCPA/CPRA Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/certifications/ TITLE: Certifications Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/compliance/ TITLE: Compliance Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/consent-management/ TITLE: Consent Management Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/cookie-consent/ TITLE: Cookie Consent Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/cyber-security/ TITLE: Cyber Security Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/data-inventory/ TITLE: Data Inventory Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/data-mapping/ TITLE: Data Mapping Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/data-privacy/ TITLE: Data Privacy Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/data-processing/ TITLE: Data Processing Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/data-subject-requests/ TITLE: Data Subject Requests Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/data-transfers/ TITLE: Data Transfers Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/dispute-resolution/ TITLE: Dispute Resolution Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/dpdpa/ TITLE: DPDPA Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/enterprise-data-protection/ TITLE: Enterprise Data Protection Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/eu/ TITLE: EU Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/g2-reviews/ TITLE: G2 Reviews Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/gdpr/ TITLE: GDPR Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/global-trends/ TITLE: Global Trends Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/integrations/ TITLE: Integrations Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/mobile-app-privacy/ TITLE: Mobile App Privacy Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/privacy-assessments/ TITLE: Privacy Assessments Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/privacy-governance/ TITLE: Privacy Governance Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/privacy-tips/ TITLE: Privacy Tips Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/risk-management/ TITLE: Risk Management Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/us-consumer-privacy-laws/ TITLE: US Consumer Privacy Laws Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance. ==================================================================================================== URL: https://trustarc.com/topic-resource/vendor-management/ TITLE: Vendor Management Archives | TrustArc TYPE: page --- Automate consent and data subject rights compliance. Design seamless privacy experiences to enhance customer trust across your digital landscape. Consent & Preference Manager Easily manage and orchestrate customer consent and preferences across brands and channels. Individual Rights Manager Automate and streamline DSR workflows to ensure compliance and show your commitment to customer rights. Centralize policies, disclosures, and trust-building information in a customizable no-code hub that speeds up deals. Governance Suite Overview Stay ahead of privacy and compliance regulations. Simplify data privacy management and ensure data governance with cutting-edge apps. Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations. Data Mapping & Risk Manager Gain full visibility and control of your data and accurately identify and mitigate risks. Automate and score privacy assessments like PIAs and AI Risk, streamlining your compliance workflow. Get instant access to the latest in privacy regulations, legal summaries, and operational templates. Assurance Services Overview Gain trust and credibility with leading privacy certifications from unbiased experts, backed by technology for unmatched privacy compliance assurance.