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Phelps Dunbar LLP

Navigating Data Privacy in a Hyper-Digital World

Walt Green, a Partner at Phelps Dunbar LLP, keeps a keen eye on global regulations and oversees intricate privacy and data security projects, guiding clients through complex regulatory inquiries, and crafting strategies for seamless global compliance.

In an interview with CIO Applications, Walt Green, partner, Phelps Dunbar LLP, shares his thoughts on the evolving global data privacy landscape and highlights why peers should stay on top of updates and advancements.

As a managing partner at Phelps Dunbar LLP, what are some of your day-to-day responsibilities?

I handle various privacy and data security projects. This may involve assisting clients in responding to cybersecurity breaches, offering advice on enhancing hardware security, and deliberating over the choice between cloud-based and server-based solutions. Data processing agreements are crucial when transferring information to controllers to ensure compliance.

I also undertake regulatory work and assist clients in dealing with inquiries from the California AG's office regarding their privacy policies. When clients seek to expand globally, I conduct thorough investigations and offer advice on compliance with international privacy laws, a process that encompasses both regulatory and business considerations. Some clients have opted against expansion into regions like Europe and Southeast Asia due to the complexities and changes in privacy laws and data security requirements.

What are some of the challenges that you have encountered while serving clients?

Navigating the complexities of privacy policies is a major concern, especially for global organizations with operations in diverse international markets like Brazil, China, the EU, and the U.S. For instance, adhering to the opt-in consent model in the EU while accommodating the opt-out approach in California poses significant dilemmas. This can be countered by blending international legal obligations or implementing different websites for specific regions to meet distinct privacy requirements and avoid regulatory issues.

Developing comprehensive global privacy policies and regulations is a priority, with a focus on avoiding regulatory investigations. Ensuring compliance and minimizing potential faults is of utmost importance to safeguard clients' interests. Ongoing diligence is required to protect current and future clients and concurrently inform past clients of policy changes. Tracking global privacy policy changes in real-time presents challenges, but committing to providing timely advice to maintain compliance and uphold data privacy standards is key.

How do you stay updated on the latest legal developments and industry trends within your practice areas, and how do you apply this knowledge to benefit your clients?

I begin each workday by reading updates on global privacy policies and state regulations, continuously updating a comprehensive database chart at the office. The dynamic nature of data privacy laws makes it important to keep up with the latest developments. For instance, a recent ruling in California where a judge refused to enforce an audit under the CPRA due to lack of standing highlights the importance of such legal matters for clients.

A thorough understanding and compliance with regulations enables better and safer services and allows clients to be more competitive in their respective industries

Navigating an ever-evolving landscape, the lack of precedential cases and the absence of a national privacy law in the U.S. pose significant challenges. However, the ongoing efforts in Congress suggest progress towards a unified approach to data privacy, bringing the country in line with international standards. With a national privacy law, the U.S. would attain better clarity and consistency in addressing privacy concerns, akin to the EU, China, and Brazil.

How do you foster a collaborative and supportive environment within your team?

Our diverse team comprises experts in cybersecurity, privacy policy, insurance, class actions, and banking. Our collaborative approach involves sharing projects, alerts, and relevant articles while presenting together across states. We aim to avoid silos and readily incorporate associates or paralegals from various domains. This enables cross-domain learning, fostering strength and adaptability in the face of evolving technology and laws.

What are some of the technology and process elements you have leveraged to make a project successful?

Keeping up with technology trends is important, as these advancements can significantly impact data security issues. For instance, the decline in ransomware payments can be attributed to improved encryption methods and better understanding of data protection. More companies are now equipped with enhanced backup systems and monitoring tools, reducing the need to pay ransoms in case of breaches. This proactive approach is key to effectively advising clients on preventing breaches, complying with regulations, and implementing robust cybersecurity practices within their organizations.

What advice would you like to pass on to your peers and colleagues in the industry?

Staying up-to-date with regulatory trends is crucial for success. Instead of avoiding regulatory territories like GDPR in the EU or stringent regulations in California, these challenges can be welcomed. A thorough understanding and compliance with regulations enables better and safer services and allows clients to be more competitive in their respective industries.

The articles from these contributors are based on their personal expertise and viewpoints, and do not necessarily reflect the opinions of their employers or affiliated organizations.