All professionals who are dedicated to proactive compliance we have the responsibility to be creative.
Our client is concerned about taking care of their business. Their goal is to continue growing. But on many occasions, legislative developments outline a path that contrasts with their interests and established practices. In this situation it's easy to become a stopper. If you do, forget about that client. He is going to look for another lawyer.
Recommendations must always arise from the prudence and of the empathy. We must have sensitivity for business of our client, understand it and stretch our imagination to offer the best solution. Not the most obvious.
But be careful, they haven't hired us to say what they want to hear. There will be cases in which the limits are clear. At this time we must propose the legal solution, whether you like it or not. It is the client who must decide according to his risk appetite whether or not to adopt alternative measures.
In the case of data protection, company business units do not usually welcome what we have to tell them, although they generally understand its relevance. The challenge that I invite you to face is to ensure that at the end of each project the people who have participated perceive it as an improvement of value added and not only as a legal obligation.
For example, in something simple like updating a website regarding cookies, we have to achieve improve brand image. It can be seen that the texts and information given to the user have been carefully considered. Offer simple options to accept or reject cookies.
In more complex matters such as a project to centralize data from different subsidiaries for joint analysis, our role will be fundamental in the planning phases. Much of the subsequent development is conditioned by the initial organization that is going to fall on our roof. We have the responsibility of simplifying the legal scheme that will structure the project and of deciding the viability of certain aspects, early, saving efforts that would fall on empty paper.
With these strokes we can ask the question again, Is data protection against business? Well, as we have seen, it depends on how the service is offered. Complying with the regulations generally improves the way companies work and if it does not it is for two reasons: Either because the company had been doing questionable practices and the legislator has stopped it or because the solution adopted has not been the most appropriate but the most predictable.
Do you want to specialize in Compliance Management and data protection?
He Master in Compliance & Data Protection Management will make you a highly qualified professional with the necessary skills to carry out specialized tasks in two of the most relevant areas for both private businesses as for public administrations: data protection and regulatory compliance or Compliance.
