Data Privacy and Security Attorneys in Pleasanton, CA

Knowledgeable lawyers advise businesses on compliance with state, federal and international standards 

In the digital age, every business depends on current detailed data to engage with customers and fulfill orders. Businesses that store customer data have both a proprietary interest and a legal duty to keep that data private. At Garcia & Gurney, A Law Corporation in Pleasanton, we help businesses understand their data privacy and security obligations under U.S., California and international law. If you suffer a breach of security, we can advise on decisive steps to take to limit damage to consumers and your company’s liability.

Consequences of data breaches for your California business

Businesses, no matter their size, must have a data security system to prevent breaches of consumer data and their own proprietary information. If you suffer a data breach, you may incur operational costs, business interruption, reputational harm and liability to customers and clients. It is estimated that the average data breach costs a U.S. business $4.5 million after accounting for all losses. Another risk is the infringement or dilution of intellectual property, such as trade secrets, which can weaken your competitive position.

In addition to a comprehensive data protection and recovery plan that meets the standards for your industry, you need a crisis management plan, detailing steps to take in the event of a breach. Our data privacy attorneys can help your company in both of these areas.

Data Privacy in California and other states

In California, companies must comply with two comprehensive data privacy laws: the California Consumer Privacy Act and California Privacy Rights Act. Among other provisions, these laws require businesses to:

  • Inform consumers about the personal information they collect and how it is used and shared.
  • Allow consumers to request the deletion of their personal information.
  • Enable consumers to opt-out of the sale or sharing of their personal information.
  • Provide consumers with the right to correct inaccurate personal information and limit the use and disclosure of personal information.

Additionally, businesses must implement reasonable security measures to protect personal information from unauthorized access, theft or disclosure.

If you’re doing business across state lines, you must comply with the laws in other states. About 20 states have enacted some type of data privacy legislation, and additional states have bills in progress.

Other laws affecting companies storing consumer data

The U.S. and other countries have enacted laws to protect people from the effects of their personal information being mishandled. Here are some of the key provisions your business must consider.

In United States:

  • Children's Online Privacy Protection Act (COPPA) governs the collection of information about minors.
  • Health Insurance Portability and Accounting Act (HIPAA) regulates the collection of health information.
  • Gramm Leach Bliley Act (GLBA) governs protection of personal information that banks and financial institutions collect.
  • Fair Credit Reporting Act (FCRA) regulates the collection and use of credit information.
  • Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records.

In the European Union:

  • General Data Protection Regulation (GDPR) sets rules for customer consent, breach notification and the right to information, access, rectification, erasure and portability. 
  • Digital Services Act (DSA) compels platforms to remove online content deemed illegal or harmful. 
  • Digital Markets Act is an antitrust law aimed at the largest of the social network platforms.

Nations such as Canada, China, Brazil, India, Australia and South Africa have their own versions of data protection laws.

Furthermore, if your business accepts credit cards online, you are contractually bound by Payment Card Industry Data Security Standards (PCI-DSS), which defines the security protocols deemed acceptable by major credit card companies. 

Contact our Pleasanton business lawyers for data privacy guidance

Garcia & Gurney, A Law Corporation provides trustworthy advice and robust litigation services for companies dealing with data privacy and security issues in Pleasanton and throughout the Tri-Valley area. To learn more about how we can help you, call 925-468-0400 or contact us online.