9 Steps to Protect Privacy: How to Avoid Costly Enforcement Penalties


In today’s digital age, data privacy and the penalties for non-compliance are a big concern for organizations. Companies are increasingly held accountable for privacy lapses, resulting in substantial penalties and damage to their reputation.

Historic Privacy Enforcement Actions:

    • United States vs Uber: $148 million
    • ICO vs. British Airways: $230 million
    • CFPB and United States vs. Equifax: $575 million
    • FTC vs. Facebook: $5 billion


9 Steps to Protect Privacy: How to Avoid Costly Enforcement Penalties:

It is crucial for businesses to learn from past enforcement cases and take proactive steps to protect themselves. We will discuss nine essential measures that companies can implement to avoid privacy enforcement penalties and ensure the safety of sensitive data.

1. Documenting the Privacy Program

The foundation of a robust privacy program lies in its documentation. Companies should thoroughly document the content, implementation, and maintenance of their privacy program. This description should be shared with a principal executive officer and an independent privacy committee, which reports to the board at least once a year. By maintaining comprehensive records, organizations demonstrate their commitment to privacy compliance.

2. Appointing an Independent Privacy Chief

To ensure the effective management of the privacy program, it is crucial to designate a Chief Privacy Officer (CPO). This individual should possess the necessary expertise and authority to oversee the program’s operations. Importantly, the hiring and firing of the CPO must be approved by the Independent Privacy Committee, ensuring independence and impartiality.

3. Conducting Regular Risk Assessments

Regular risk assessments are vital in identifying potential privacy risks and vulnerabilities within an organization. Companies should conduct and document these assessments at least annually. They should also promptly conduct assessments within 30 days of any risk related to a Covered Incident. This proactive approach helps detect and mitigate potential privacy breaches.

4. Implementing Effective Safeguards

Implementing robust safeguards is essential to protect sensitive data. Key safeguards include:

  • annual third-party certifications, monitoring and enforcing compliance with contract terms by third parties,
  • conducting privacy reviews of new products, services, or practices,
  • controls to restrict employee and affiliate access to information,
  • disclosure and consent for facial recognition.

5. Testing and Assessing Safeguards

Safeguards must be regularly tested, assessed, and monitored to ensure their effectiveness. Companies should conduct these evaluations at least annually and within 30 days of any cyber incident. By performing rigorous testing, organizations can identify and address potential weaknesses in their privacy measures promptly.

6. Establishing Comprehensive Training Programs

An educated workforce plays a critical role in maintaining privacy standards. Companies should establish regular privacy training programs to educate employees about privacy policies, procedures, and best practices. By keeping employees well-informed, organizations can reduce the likelihood of inadvertent privacy breaches and foster a privacy-conscious culture.

7. Ensuring Service Provider Performance

Companies often rely on third-party service providers to handle sensitive information. It is essential to carefully select service providers capable of safeguarding this data and to contractually require them to do so. Regular monitoring and evaluation of service providers’ performance are crucial to ensure ongoing compliance with privacy standards.

8. Seeking Expert Guidance

Outside expertise can provide valuable insights and guidance in implementing, maintaining, and updating a privacy program. Companies should consider engaging independent third-party experts who specialize in privacy and data protection. These experts can provide an objective assessment of the organization’s privacy practices and offer recommendations for improvement.

9. Regular Program Evaluation

To ensure the ongoing effectiveness of the privacy program, companies should conduct annual evaluations, taking into account any cyber incidents or changes in the regulatory landscape. These evaluations enable organizations to identify areas for improvement, adapt to evolving threats, and demonstrate their commitment to continuous privacy compliance.



The increasing enforcement penalties for privacy lapses underscore the importance of implementing robust privacy measures. By following these nine steps, companies can significantly reduce the risk of privacy breaches, protect sensitive data, and mitigate the potential financial and reputational damage associated with enforcement penalties. Prioritizing privacy not only safeguards organizations but also fosters trust among consumers in an increasingly privacy-conscious world.