CONSIDER ISSUES OF CONFIDENTIALITY/DATA PRIVACY/ SECURITY
The legal landscape of data privacy and security law in our ever- changing technological landscape is unpredictable. It is important to stay up to date with federal and local legislation relative to data privacy and security law. Recent sweeping changes have taken place in Europe and California. In May 2018, the European Union General Data Protection Regulation (GDPR) became effective. The GDPR had a significant impact on how businesses collect, process, and store personal information. The California Consumer Privacy Act (CCPA) became effective January 1, 2020. Businesses that collect any data from California residents must educate themselves about the requirements of the CCPA and create a compliance plan. It is important to maintain a secure system with safeguards in place to limit your potential risk and exposure to any violations of data privacy rules and regulations. The most noteworthy aspect of the CCPA is the private right of action allowed in the event of a data breach. This statutory remedy will likely lead to many class action lawsuits. Agreements with vendors who process your data must be reviewed to make sure they fully comply with the CCPA and all other data privacy and security laws. It is equally important that your information and data is maintained as confidential, particularly personal information of individuals that is protected from disclosure as a matter of law. The vendor agreement will likely include restrictions on use and disclosure related to vendor proprietary information. Review any restrictions on use of vendor information to make sure that the restrictions are not unreasonable and provide you with sufficient
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