Privacy Shield Is Gone. Now What?

For those of us who pay attention to and care about these kinds of things, the Court of Justice of the European Union has issued a ruling today stating that the FTC’s Privacy Shield framework governing the transfer of personal data from Europe to the United States is no longer valid. This ruling is very… Read More

What to Do In a Privacy (Health) Crisis

Privacy is not the top priority for most people or businesses dealing with a health crisis, and the spread of COVID-19 means that privacy will (rightly) take a backseat to handling individual and global health needs. Frankly, one of the biggest problems is managing the flow of disinformation/misinformation as it winds its way through social… Read More

Protecting Your Data, Protecting Your Business

One of the biggest concerns we have when we talk to clients about how to create data partnerships is the security and protection of data.  We don’t mean cybersecurity and the literal safeguarding of information, though that’s undoubtedly essential too.  Instead, we’re talking about ensuring that datasets are used only as appropriate, are kept within… Read More

Innovative Data Partnerships (Part II)

We’ve already spent some time discussing the kind of partnerships where a small, innovative firm wants to partner with a larger one to create new value and drive growth.  Many times, this is how the smaller business gets its foot in the door, and (together, perhaps, with a channel agreement) first is able to get… Read More

Responding to a Data Crisis in Three Steps

It’s been a week, folks.  Not even a week.  And we’ve already got a looming hot war, an active cyberwar, three major data breaches, and the promise of a major fight over GDPR on the very near horizon.  Apparently, 2020 is going to be like 2019, just more so. Normally, this is the time of… Read More

2019: The Year of Meh

To me, the most meaningful meme of this year was “OK, Boomer” (Baby Yoda was a non-event, don’t @ me).  It not only perfectly captures the very real, politically potent generational conflict going on right now, but it also reflects how completely ignored Generation X is in our current culture wars. (I feel no guilt… Read More

2019 Predictions: How Did We Do?

You may recall that we made some predictions way back in January about what would happen in privacy, privacy law, and data partnerships over the course of 2019.  Well, we believe in accountability, and so it’s time to check out how well we did.  There’s a reason that most people don’t reflect on their New… Read More

Europe Gets Tough

One of the questions I hear most frequently is “will the GDPR be as big a deal as everyone promised?” Of course, the real question is “will the GDPR be as big a deal as you, Jay, promised,” and it is a fair one.  Privacy commentators spent a great deal of time in 2018 talking… 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

What’s Five Billion Among (Facebook) Friends?

The Internet went into full “give me a Drudge Report siren” mode last week about Facebook’s announcement that it anticipates a fine of three to five billion dollars from the FTC in the coming months.  The fine, a result of Facebook’s violation of a 2011 consent decree with the Commission related to privacy practices, tracking,… Read More

Curb Your (AI)nthusiasm

The Boston Dynamics “dogs” have become something of an inside joke around here: any time we want to suggest that an idea, project, or new technology might have worrisome long-term implications, the robotic canines come up in conversation.  Much of it has to do with their somewhat surreal, uncanny valley look, something familiar enough to… 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

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

FTC’s Privacy Report Card

It’s that time of year again – the FTC has released its report on enforcement activity in 2018, including its efforts at enforcing privacy promises.  It was, as you might expect, a busy year, with major proceedings instituted against a number of high-profile entities like Uber, Paypal, and Facebook.  Although the total amount in fines… Read More

GDPR Fines, Data Privacy Day, and Other Hot Takes

It’s Data Protection Day, the happiest day of the year!  A year ago, we were talking about the changes that GDPR would bring, and how to gear up operations to ensure that you didn’t violate the law or mislead your customers.  The premise was simple: transparency is a fundamental precept under GDPR (and US law),… Read More

Predictions, Lists, and Complete Wild Guesses

Now that it’s January and everyone is finally returning to the reality where things don’t always taste like peppermint or eggnog (or both, which is just….no), it’s a good time to think about how you’re going to approach 2019.  This time of year is rife with predictions and, more often, guesses about what privacy, tech,… Read More

Data Leverage: Unlocking the Surprising Growth Potential of Data Partnerships

We are proud to announce the release of our book, Data Leverage: Unlocking the Surprising Growth Potential of Data Partnerships.  This book, which outlines our approach to establishing partnerships, sharing data, and protecting data assets, is a single-source guide for what we believe the most important aspects of data management programs are.  We could not be… Read More