New Data and Digital Guidelines You Need to Pay Attention to or Risk Facing Legal Consequences
What are the new guidelines?
California recently passed the California Consumer Privacy Act (the “ACT”) that provides California residents rights over their personal information, similar to those found in the EU-GDPR. This Act allows California residents to have the right to be informed about what kinds of personal data your business collected and why, the right to request the deletion of their personal information, and the right to opt out of the sale of their personal information. Under the Act, a broader definition of personal information has also been implemented including personal identifiers, geolocation, biometric data, internet browsing history, and psychometric data a company might make about the consumer.
Why you should care and immediately evaluate your data policies.
This is important to your business because under this Act, your website or current contracts may no longer be compliant. Not a California resident? Doesn’t matter, this still affects your company because even though it only applies to California residents, as long as the person accessing your website lives in California, these rules apply.
Businesses that collect data must comply with the Act in how they collect it along with how they use it. There are new standards for data collection, new consequences for businesses that fail to protect user data, and new rights that consumers can exercise over their data. This shifts the accountability for data protection onto businesses that collect and handle user information which is a huge digital revolution in America.
Steps your business can take to ensure compliance with this law:
- Conduct an internal review to determine what information your business is collecting.
- Determine how the information is being used, if it is being sold to or shared with third-parties than what it is the purpose.
- Online privacy policies should be reviewed.
- Ensure you have the ability to respond to clients that choose to opt out.
- Review third-party contracts that consumer information is being fed to.
- Prepare procedures and documents on how to handle a data breach.
While the law, which is set to come into effect at the start of 2020, is currently only in California, it may only be a matter of time before it is adopted in multiple states.
More trouble for companies with websites that do not meet accessibility requirements.
No matter what industry you’re in, you are also going to want to make sure your website is compliant with the American Disabilities Act (ADA) and meets Web Content Accessibility Guidelines (WCAG) and that you can prove that you are actively taking steps to ensure your website is accessible to users with disabilities.
With new focus and scrutiny extending beyond industries like banking and healthcare, experts now say it is critical to have an accessible website, no matter what business you are in. These stipulations in the digital world are forcing businesses to take immediate action.
For example, Domino’s Pizza is currently in a lawsuit regarding their website and mobile app not being compliant with the ADA. A man, who is blind, was unable to order a customized pizza online from the restaurant due to the lack of ‘alt text’. As a result, the unlabeled buttons did not conform, therefore the man was unable to order his customized pizza online via his iPhone. The Supreme Court rejected Domino’s appeal of the case and let the lower court’s ruling stand. That means the case will be heard and Domino’s may be forced to pay a fine. Read more about the case here.
Know where you stand with our Quick ADA Compliance Audit.
Before you can develop a plan to get your digital ecosystem and policies into compliance, you need to understand where you are starting from and which areas need the most attention. SilverTech can help your company with an audit of your website as it relates to meeting ADA WCAG 2.1 standards and can make recommendations and help you implement compliance improvements, if needed.
Reach out to us today to inquire about our Quick ADA Audit.