The Internet provides unprecedented opportunities for the collection, processing, and sharing of information from and about consumers. As rapid changes in information technology have created an array of new means to collect and use personal information, the risks of abuse of such information have risen exponentially.

Data privacy and security issues are more critical now than ever before and every company should have a global Privacy Policy. Displaying a Privacy Policy is recommended even if your website is not a commercial site. A privacy and data use lawyer is a critical asset to comply with the myriad of related consumer protection requirements.

In the context of eCommerce, legislatures, regulators and courts worldwide have responded with new restrictions on the maintenance and management of personal information. Every Internet-based business website that collects information from end-users must tailor a compliant privacy policy that provides specific information regarding its use, retention, protection, disclosure, and data collection processes pertaining to consumer information. Commercial website operators should be prepared to live with the commitments they make.

We provide strategic advice on the full range of domestic privacy and security laws affecting Internet marketing and eCommerce, including protocols that secure your data platform to ensure the safety of consumer information. The firm provides strategic counsel with respect to applicable privacy and security laws and regulations, including, but not limited to:

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Do Not Track and Google Analytics Advertising Disclosures;

1. The Controlling the Assault of Non-Solicited Pornography and Marketing Act: sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to opt-out of receiving emails, and spells out tough penalties for violations;

2. The Gramm-Leach-Bliley Act: pertains to companies that provide financial services or that receive marketing leads from such institutions and protects the privacy of financial data;

3. The Health Insurance Portability and Accountability Act: protects against the disclosure individual health information;

4. The Children’s Online Privacy Protection Act: limits how companies may collect and disclose children's’ personal information; and

5. The Telemarketing Sales Rule: regulates commercial telemarketing calls. For guidance regarding online privacy issues, a Hinch Newman Internet privacy attorney can provide experienced counsel pertaining to the use of emerging technologies that can enable a company to comply with these obligations without sacrificing its ability to compete in a marketplace where personal information has great value.