The Privacy Quadrant: A DataSmart Approach to User Consent

Very often, we hear clients or businesses express the idea that “we want to give our customers control over the privacy of their data, and that sounds good, but making it a reality is much more complicated.”  That’s a fair assessment — operationalizing privacy is something that companies in the U.S. have a difficult time… Read More

A Follow-Up Q&A on LinkedIn v. hiQ

After our discussion of LinkedIn v. hiQ earlier this week, we received a lot of questions from clients and readers about the implications of the case.  We thought it might be easier to compile some of these questions and our responses to continue the conversation about this important case. Q. It seems unfair that hiQ… Read More

A Court of Appeals Saves Web Scraping (For Now)

We often hear clients ask about how to effectively assemble information from the Internet and, simultaneously, how to separate the noise from the meaningful data.  Although there’s no substitute for experience and wisdom, a large quantity of data analyzed properly will often do in a pinch, as long as you can get the data lawfully… Read More

Innovative Data Partnerships (Part 1)

Not every data partnership involves equals.  Often, a smaller company with a new idea, or a new take on an established idea, will offer partners the ability to revise their own business strategy.  These small but creative firms are often looking for what we call an innovator data partnership, which means they have a potentially… Read More

Two to Tango: Mutually Beneficial Data Partnerships

The mutually beneficial data partnership may sound like a unicorn, but it is actually quite common. Market forces drive these partnerships for one of three reasons: shared clients, operational teams, and marketing. This contrasts with innovator partnerships, which are driven by sales opportunities, product innovation and channel distribution. Mutually beneficial partnerships tend to between partners… Read More

Explaining Data and Building Partnerships

To create the maximum value, urgency, and leverage in a data partnership, you must present the data available for sale or partnership in a clear and comprehensive way. Partnerships are based upon the concept that you are offering value for value, whether paid or traded. Friendship might need no reasons, but partnerships require some understanding… Read More

How to Value Datasets – From “Data Leverage”

A strong approach to data requires constant attention not just to the quantity of data you take in, but the quality as well.  It’s never enough to know what data you have; good data strategy demands that you have a firm grasp on the value of that data.  That is not a static exercise, but… Read More

Apple Plays the Long (Privacy) Gamers

You may have seen yesterday that Apple took another step in its recent efforts to become the public’s favorite privacy-protecting tech giant.  At WWDC, the company’s annual developer conference, CEO Tim Cook unveiled the new “Sign In with Apple” feature, a user authentication platform.  Like the secure sign-on (SSO) platforms designed by Google and Facebook,… Read More

Thinking About Data Partnership Contracts – From Data Leverage

We’ve know a number of clients or friends whose businesses are going through the initial phases of a data partnership lately.  These relationships are often mission-critical, because without the added benefits of the data partnership, sometimes entire business strategies fall apart.  At the same time, if you don’t take a thoughtful approach to establishing the… Read More

Getting Bad Advice

The Internet is a risky place for “expertise.”  Because it is both a platform and a megaphone, it creates its own multiplier effect for whatever you put into it.  If the arguments of the last few years have proven anything, it’s that even a poorly concocted lie spreads far faster than a well-explained truth, largely… Read More

How to Protect Your Data in a Data Partnership – from “Data Leverage”

We spend an enormous amount of time talking about the benefits of data partnerships but, of course, they aren’t without their risks.  No one enters into a business relationship assuming that everything will go exactly as planned (without serious problems later, anyway).  But how do you identify ways to protect your business, your data, and… Read More

You Can’t Copy/Paste Privacy

Ask any young litigation associate in a large law firm what the most important skill they learned in their first few years practicing was, and the honest ones will say “Control-c, Control-v.”  Yes, Copy-and-Paste activities occupy an enormous portion of young associates’ time, for a number of reasons.  They’re risk averse, so they want to… Read More

Organic Data and Digital Borders

The longer you spend in data-oriented businesses, the more you notice a funny thing about the language used to describe data sets and their uses.  While, early on, the language sounds a lot like what you’d use to describe currency (“valuable,” “fungible,” “velocity,”), eventually it all starts to sound like you’re talking about food (“organic,”… Read More

The World’s Toughest Internet Law?

It seems that every time we turn around, there’s new data or Internet legislation on the table that the media describes along the lines of  “similar to the GDPR,” or “GDPR-like.”  It makes sense, of course, given that the GDPR is the most important legislation on privacy in several generations, though it can blur some… Read More

We’re Learning the Wrong Lessons

It’s easy to criticize companies like Facebook or Google for their conduct when it comes to data, largely because they are so frequently the subject of widely-publicized reports and news articles. The stories documenting tech giant misdeeds (ironically, often displayed in Facebook’s newsfeed) demonstrate a growing awareness of surveillance capitalism and surveillance states, as well… Read More

Employee Monitors and Big Brother at Work

Although we consistently discuss the importance of managing data about customers or partners, it’s crucial to pay attention to a key demographic of your intrinsic datasets – employees.  Your team generates an enormous volume of data simply by showing up to the office (HR data, payment information, personal login details and passwords, etc), and the… Read More

Weekly Data Privacy Roundup

We’re starting something new, a weekly collection of some of the stories that we saw or found interesting but, for some reason, didn’t have time to address meaningfully (by which we mean throw as many gifs at as possible).  This week is heavy on government action, which is a good indication of the trends we’re… Read More

The Seven Deadly (Data Privacy) Sins

One of the questions we hear most frequently is “what are we doing wrong?”  We almost always try to flip that question around into “what can we do better,” because we’re big believers in the notion that providing goals, rather than chastising, creates the right kind of mindset about data privacy and managing a data… Read More

Takeaways from the Cardlinx Forum 2019

Last week, we had the chance to attend Cardlinx’s forum in San Francisco, one of the four or so they host worldwide every year.  Cardlinx is an industry association for merchants, credit card issuers, and rewards/loyalty programs, with an eye towards establishing industry standards for “mobile payments, in-store offers, card-linking” and other technology tied to… Read More

Bezos Understands the Value of Shared Data (Or: Sharing is Caring)

One of the issues we confront with new clients is the difficulty in getting information from one segment or division of your business to another.  Data “silos” are extremely common, with unnecessary or unhelpful barriers between groups creating the kind of friction that diminishes your ability to achieve goals.  That can mean difficulty in getting… Read More