Our techno legal services in data protection range from the simple to complex of data protection mandates. It starts from securing the basic building block i.e. personal data and goes on to complex audits/due diligence of the personal information to complying with the applicable laws affecting operations. As shown on the right, this is the personal information life cycle we work with:
Data privacy is typically the way of keeping personally identifiable information secure, while data protection is the protection of unauthorised use of data. Data (Informational) privacy has become one of the key compliance risks for organizations today. With the dynamics of the world shifting to becoming “information sensitive” from the earlier position of being “information open”, countries are beginning to shape up their laws accordingly. The stone that’s causing a landslide is the European General Data Protection Regulation or GDPR. It has made companies work overtime over the last couple of years, in the search of legal advisory and consultancy in data protection as well as on GDPR advisory and consultancy from a techno-legal standpoint. Till May 25, 2018, when GDPR became operational, and even thereafter, companies have been dreading the extra territorial impact and fines of €20 million or 4% of their annual global turnover (whichever is higher) as a result of the regulation.
Worldwide, countries are following suit, seeking legal compliance frameworks for data protection and adopting the European standards set above. For example, in India, a new bill has been passed by the Government with comparable language and fines. From a comparison to the GDPR we are referring to fines from INR 5 Crs to INR15 Crores or between 2-4% of the global annual turnover. Therefore, it becomes all the more important for companies to adhere to the privacy principles wherever they may be operating.
The Indian Personal Data Protection Bill is due anytime this year.
One of the major concerns of corporates, civil society and the state is having proper definitions for each of these nuanced terms and understanding their import in the interplay with the other. The primary steps for this exercise include:
This is where we come in with our techno legal advisory and consultancy in data protection as well as our expertise in GDPR advisory and consultancy. Building legal compliance frameworks for data protection is our forte.
One of the interesting areas that we have expertise in is the Data privacy and Protection in Intellectual Property Assets. Since we have experience of both Intellectual Property and Data Privacy we can weave one into the other using sound principles of data privacy, Privacy By Design and building robust frameworks for he management. Every organization needs to audit their systems to comply with such requirements and Data privacy and protection in intellectual property asset is slowly a becoming important.
Excaliburancy is a techno legal platform designed to help entrepreneurs and business to protect their data technically will being compliant with laws that impact their revenues. We create an edge for our clients.
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