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The Cyber Defense eMagazine August Edition for 2023

Cyber Defense eMagazine August Edition for 2023 #CDM #CYBERDEFENSEMAG @CyberDefenseMag by @Miliefsky a world-renowned cyber security expert and the Publisher of Cyber Defense Magazine as part of the Cyber Defense Media Group as well as Yan Ross, Editor-in-Chief and many more writers, partners and supporters who make this an awesome publication! Thank you all and to our readers! OSINT ROCKS! #CDM #CDMG #OSINT #CYBERSECURITY #INFOSEC #BEST #PRACTICES #TIPS #TECHNIQUES

Cyber Defense eMagazine August Edition for 2023 #CDM #CYBERDEFENSEMAG @CyberDefenseMag by @Miliefsky a world-renowned cyber security expert and the Publisher of Cyber Defense Magazine as part of the Cyber Defense Media Group as well as Yan Ross, Editor-in-Chief and many more writers, partners and supporters who make this an awesome publication! Thank you all and to our readers! OSINT ROCKS! #CDM #CDMG #OSINT #CYBERSECURITY #INFOSEC #BEST #PRACTICES #TIPS #TECHNIQUES

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law and the applicable regulations, the description provided in a privacy policy, the language used, the<br />

positions taken, and the policies set <strong>for</strong>th are as clear an indication of the business’ data privacy<br />

sophistication and posture as can be gleaned without an internal investigation of the business. And if that<br />

privacy policy has not been updated, uses language that is out of date or improperly addresses data<br />

privacy concerns, or if the privacy policy was simply copied from some other business and, is out of place<br />

or otherwise ill-fitted to the business otherwise described on the website or application, it will be glaringly<br />

obvious to those familiar with data privacy law. To a skilled regulator looking <strong>for</strong> a company which has<br />

not complied with state law, reading a website privacy policy that fails to address or improperly addresses<br />

consumer rights and business responsibilities can provide more than enough grounds to open an<br />

investigation into the company.<br />

All of this regulatory activity now makes website and mobile application privacy policies key regulatory<br />

company documents. Careful thought should be given to the preparation of these documents as would<br />

be given to any other regulatory disclosure. <strong>The</strong>se policies should be drafted with care by a skilled data<br />

privacy professional familiar with the regulatory requirements at issue in careful consultation with<br />

company officials. <strong>The</strong>y should not be prepared from a <strong>for</strong>m or borrowed from another company’s<br />

website. <strong>The</strong>se policies should also be updated regularly to reflect current company practices, as an<br />

outdated privacy policy is an inaccurate privacy policy and equally troublesome from a regulatory<br />

perspective and potentially a source of regulatory liability.<br />

<strong>The</strong>re is no reason to believe that the regulatory wave of comprehensive state consumer data privacy<br />

laws is going to do anything but increase. So it is imperative that companies carefully consider their<br />

website privacy policies now, and moving <strong>for</strong>ward.<br />

<strong>The</strong> views and opinions expressed in the article represent the views of the author and not necessarily<br />

the official view of Clark Hill PLC. Nothing in this article constitutes professional legal advice nor is it<br />

intended to be a substitute <strong>for</strong> professional legal advice.<br />

About the Author<br />

Jason M. Schwent is Senior Counsel at Clark Hill, an international law firm. He<br />

is experienced in data privacy, intellectual property, and litigation making him a<br />

fierce advocate <strong>for</strong> his clients. His passion <strong>for</strong> protecting clients’ assets is evident<br />

whether negotiating a complicated enterprise software agreement with a Fortune<br />

100 company or counseling a client following a data breach that exposed millions<br />

of users’ data,<br />

Jason can be reached online at jschwent@clarkhill.com.<br />

<strong>Cyber</strong> <strong>Defense</strong> <strong>eMagazine</strong> – <strong>August</strong> <strong>2023</strong> <strong>Edition</strong> 64<br />

Copyright © <strong>2023</strong>, <strong>Cyber</strong> <strong>Defense</strong> Magazine. All rights reserved worldwide.

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