S1, Episode 14: Privacy Policies

Season One, Episode Fourteen– Understanding privacy policies, laws entrepreneurs need to know in order to protect themselves, and tips for drafting your own privacy policy.

Episode Description: Jared Arcari (Fordham Law ‘19) offers an overview of privacy policies and some of the most common privacy laws that US-based businesses will encounter, as well as how to draft a privacy policy that will protect your business from lawsuits.  Please note: this podcast was researched and prepared by Daphny Lazarus (Fordham Law ‘18) before the recent GDPR regulations were put in place, and therefore some of the information contained in this podcast may not be GDPR compliant.

Episode Roadmap:

  • [:30] Jared Arcari introduces himself as a Fordham Law student under the direction of Professor Bernice Grant.
  • [1:27] An overview of privacy policies, their importance and the risk of not having one.
  • [5:29] CalOPPA requirements and how they affect businesses in every state.
  • [7:53] Third-party requirements and notifications subject to the Shine the Light Law and COPPA.
  • [11:05] Additional sources of federal and state privacy law liability.
  • [12:12] The benefits of hiring an attorney to write a compliant privacy policy and key points to include in the policy.
  • [14:16] Sources of privacy law that must be reflected in your privacy policy and assumptions that cannot be made about privacy policies.

Tweetables:

“If you are an Internet-based business, you have a number of legal obligations that require you to keep certain information private and secure.” -Jared Arcari
“When drafted properly, a privacy policy helps protect a company from claims that it has misused information.” -Jared Arcari
“Not having a privacy policy is considered a deceptive trade practice and puts a business at risk of being sued by their users and state regulators.” -Jared Arcari

Additional Resources:

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Disclaimer: The information contained in the Startup LAWnchpad Podcast and any materials associated therewith (the “Podcast”), is for educational and informational purposes only. The Podcast does not constitute legal advice or tax advice with respect to any particular circumstance. The Podcast is not a complete overview or analysis of the topics presented, and may contain information that varies in different jurisdictions and that is subject to revision, interpretation, or nullification after the date of recording. The transmission of information to you does not create a lawyer-client relationship between you and any host, guest, or their respective employer, including but not limited to Fordham University School of Law and Lincoln Square Legal Services, Inc. None of these parties shall be liable for any loss that may arise from any reliance on the Podcast. You should not rely upon the Podcast or treat it as a substitute for legal advice. You should consult a lawyer familiar with your particular circumstances and licensed in your jurisdiction for legal advice.

Startup LAWnchpad is a new podcast that helps bridge the gap between entrepreneurs and their legal needs.  This podcast is a series of virtual legal workshops that will educate entrepreneurs about legal issues they commonly face as they develop, launch and grow their business.

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