DEEP DIVE: How to Build a Multinational Privacy Program in 10 Easy Steps

??Building a robust data privacy program involves several critical steps that ensure compliance with various regulations when applicable while fostering a culture of data protection within the organization.

??Here are ten easy steps to help you develop a comprehensive data privacy program where multiple privacy laws may apply:

??1. Understand all Applicable Regulations

Familiarize yourself with the various data protection laws applicable in each jurisdiction, such as GDPR in the EU, CCPA in California, PIPEDA in Canada, and PDPL in Saudi Arabia for example.

??Best Practice: Create a regulatory compliance checklist to ensure all legal requirements are met.

(The European Data Protection Board (EDPB) provides guidelines on GDPR compliance, while the National Conference of State Legislatures (NCSL) covers US privacy laws.)

??2. Know your Data Inventory

Start by identifying and categorizing all personal data your organization collects, processes, and stores. This includes understanding where data resides and how it flows within the organization.

??Best Practice: Use data mapping tools to visualize data flows and identify potential risks.

(The International Association of Privacy Professionals (IAPP) emphasizes the importance of data inventories for compliance.)

??3. Draft a Privacy Notice

To draft a Privacy Notice for a multinational privacy program, clearly outline the identity of the data controller and their contact information; the categories of personal data collected; the legal basis for processing data (e.g., consent, legitimate interest); details of cross-border data transfers and the safeguards in place; and the data subject’s rights across regions (e.g., GDPR, CCPA). Ensure the notice is accessible, written in plain language, and tailored to local legal frameworks.

??Best Practices:

Provide clear, accessible information about how data is used. (Reference: GDPR Article 12 Transparency) Explain rights of the data subject, including access, correction, and deletion. (Reference: GDPR Articles 15-22, CCPA.) Highlight safeguards for international data transfers. (Reference: GDPR Articles 44-50, PIPEDA.) Clearly state data retention periods. (GDPR Article 13(2)(a).)

??4. Establish a Privacy Rights Request Process

Develop processes to handle data subject requests, such as access, correction, deletion, and portability of personal data.

??Best Practice: Implement a centralized system to track and respond to these requests in a timely manner.

(GDPR Articles 15-22 outline the rights of data subjects and the obligations of organizations.)

??5. Implement Reasonable Security Measures by Design and by Default

Integrate data protection measures into your organization's processes and systems from the outset, rather than as an afterthought.

??Best Practice: Conduct Privacy Impact Assessments (PIAs) and Data Protection Impact Assessments (DPIAs) for new projects or systems to evaluate their impact on data privacy. Set the goal for excellence rather than a tick-the-box approach!

(GDPR Article 25 emphasizes the principle of data protection by design.)

??6. Establish a Privacy Plan

Draft and implement a comprehensive data privacy plan that clearly outlines all applicable laws and regulations, data protection policies -- like data retention, access control, data sharing, and incident response -- the appointing of a DPO to manage local compliance efforts, and that standard contractual clauses or binding corporate rules are to be used for cross-border data transfers.

??Best Practice: By ensuring these elements are well-integrated into the plan, organizations can manage global privacy compliance effectively.

??7. Establish an Incident Response Plan

Prepare a data breach response plan that outlines the steps to take in the event of a data breach, including notification procedures and remediation steps.

??Best Practice: Conduct tabletop exercises to test the incident response plan and ensure all stakeholders understand their roles.

(The National Institute of Standards and Technology (NIST) offers a framework for incident response.)

??8. Make it cross-functional

To make a privacy program cross-functional, ensure collaboration across key departments like Legal, IT, HR, Compliance, and Marketing. Each function must understand its role in safeguarding data and privacy. Establish clear policies, conduct regular training, and use integrated tools for compliance. Cross-functional teams should be involved in privacy risk assessments, data protection impact assessments (DPIAs), and policy development.

??Best Practices:

Embed privacy considerations from the start across all departments. (GDPR Article 25)

Make privacy a shared responsibility, not siloed to just the legal or compliance teams. Work with all departments to ensure data flows are transparent. (GDPR Article 30) Establish regular meetings or reporting structures to keep privacy concerns integrated into operations.

??9. Understand your Website Digital Trackers and Consent Mechanisms with Audits

To understand your website tracking and consent mechanisms, it's essential to regularly audit the data collection processes and ensure compliance with privacy regulations such as GDPR, CCPA, or other relevant laws. Regularly review your consent management platform (CMP) to ensure that your consent requests, cookie policies, and privacy notices remain up to date. Ensure that your privacy notice and cookie policy inform users of their rights, including the right to access and delete their data, and how cookies are used on your site.

??Best Practices:

Conduct an audit of all tracking technologies used on your website, such as cookies, pixel tags, or beacons. Identify which tools collect personal data and their purpose. Categorize cookies (e.g., essential, performance, advertising) and map them to their use and retention periods. (GDPR Article 6 requires a lawful basis for processing, and Article 7 outlines conditions for consent)

Audit third-party scripts and ensure they respect users' consent preferences. Regularly update the cookie list in line with third-party services' changes. (GDPR Article 30 requires data controllers to maintain records of processing activities, including third-party tracking.) Clearly communicate your data retention and tracking practices and provide an option for users to withdraw consent.

(GDPR Articles 12-14 outline transparency requirements for data processing.)

??10. Provide Employee Training and Awareness

Educate employees about data privacy principles, policies, and best practices to create a culture of awareness and compliance.

??Best Practice: Conduct regular training sessions and provide easy-to-access resources related to data privacy.

(The Privacy Rights Clearinghouse highlights the importance of employee training in fostering data protection compliance.)

??In Summary, by following these ten steps, organizations can build a robust data privacy program that meets regulatory requirements while safeguarding personal data. Engaging with legal experts and privacy professionals can further enhance the effectiveness of your program and ensure that it remains current with evolving laws and best practices.

Additional Resources

• IAPP GDPR Resources
• NCSL Privacy Laws Overview
• ICO Compliance Monitoring Guidance
• NIST Incident Response Framework

(These resources provide further insights into best practices for data privacy compliance across various jurisdictions.) ??????

#DataPrivacy #PrivacyProgram #PrivacybyDesign #MultinationalPrivacyProgram #GDPR #PIPEDA #CCPA #PrivacyProsAcademy #JamalAhmed #PrivacyProsAcceleratorProgram #PrivacyProgramManagement