Lynn Johannson, Advisor, Sustainability and ESG
January 4th, 2024
AiAuthority | | Jul 8 2019
It’s hard to overestimate the role of small businesses plays in the American economy:
When you look at the magnitude of their economic impact, it would be easy to assume that small businesses know exactly what they’re doing and would be the obvious place to look for advice and best practices.
The truth, however, is that small businesses power the economy despite lacking the resources of larger organizations:
When you look at it that way, it’s not hard to understand why many small businesses regard digital policies -if they think about them at all -as something they’ll get to “someday”. But that’s very unwise when you consider that few small businesses have the resources to survive the fallout from a crisis involving their online activity.
Owning a small business myself, I understand what it’s like to have to make choices about where to spend your resources. I certainly wouldn’t give you the same advice I give to my global clients. Instead, I’ve narrowed digital policy development down to five things you absolutely must do to protect your business, your employees, and your customers.
Laws and regulations regarding online privacy vary by country, state, and even industry as do the penalties, which tend to be significant. Here are just a few examples:
The GDPR is an EU law that went into effect in May of 2018. It seeks to protect the private data of EU citizens by addressing how companies collect and use data as well as the security of how that data is stored.
What many U.S. companies don’t realize is that jurisdiction is determined by the citizenship of the individual, not the physical location of the company. So any American business that collects, processes, or stores data on customers with EU citizenship is obligated to comply with GDPR requirements.
The California legislature passed the CCPA in June of 2018, shortly after the GDPR went into effect. It’s quite similar in its bias toward consumer privacy and its potential impact on businesses. And, as the GDPR extends beyond the EU’s boundaries, the CCPA extends beyond California’s state lines. So you can’t assume you get a free pass just because you’re not physically located in California.
However, while there are many similarities between the two laws, there are also a number of technical differences. Resources like this can help you achieve compliance with both laws (if necessary) with a minimum of redundancy.
The LGPD is Brazil’s data protection law, which will go into effect in 2020. The LGPD isn’t quite as comprehensive as the GDPR, but it does put similar emphasis on the concept that individuals, not businesses, own their data. It details both compliance requirements as well as penalties for noncompliance.
More companies are passing their own digital privacy laws all the time. In addition, certain industries, like finance and pharmaceuticals, have their own regulatory requirements.
I recommend creating a spreadsheet that documents which laws/regulations apply to you, which countries they apply in, and what you need to do to become compliant.
One tip I like to share with my clients is to prioritize actions that satisfy more than one requirement at a time. (For example, both Russia and China prohibit transferring their citizens’ information outside of national borders, so deciding whether and how to establish a local service hub in those countries would take care of two things at once.)
If you’re starting from scratch, it would be almost impossible to do everything at once. Your best strategy would be to prioritize policy development based on:
Once you’ve prioritized the policies you need to address first, assign responsibility and a deadline by which you’ll follow up.
Think you’re too small to be hacked? Unfortunately, you’re wrong: 43% of cyber attacks target small businesses. And it’s a bigger deal than you might think:
Despite plenty of statistics that prove the barbarians are indeed at the door, barely half of the small businesses dedicate budget resources to risk mitigation. But increasing your security would probably cost less than you think, and it would certainly cost less than a major breach. Here are some effective, relatively low-cost steps you can take right now:
A whopping 87% of small business have no data security policies for their employees:
Common practices like bring-your-own-device (BYOD) don’t help. And then you have “low-tech” risks, like not restricting physical access to servers that store sensitive information.
This is also an easy and relatively cheap problem to fix. There are plenty of online resources for best-practices regarding employee data security. Find the ones that make the most sense for your company, document them in a digital policy (including the consequences for not following the policy), and implement it. If employees don’t take the policy seriously at first, you may have to consistently enforce the consequences until they do.
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