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6 min read

Writen by Ana Mishova

Posted on: September 20, 2023

Data Protection & The American Way: How GDPR Consultancy Can Help You Stay Compliant

As US data protection laws increasingly start to mirror the EU’s, we look at the implications for your organization.

It’s fair to say the US has traditionally taken a rather different approach to data protection compared with its EU counterparts. Reuters describes it as being an approach based on harm prevention. Organizations have been, generally speaking, free to act as they wish regarding data, with legislation stepping up to protect US citizens only in specific sectors such as law, health or education.

This was the American way, in a data sense.

Across the pond, things were very different. In the EU and UK, data protection took a rights-based approach that gave individuals the right and power to control how their data was used across every sector. These rights were enshrined in the General Data Protection Regulation (GDPR) and, for any US business trading with the EU, chances are you’ll already have discovered the need to comply with its requirements.

 That compliance is assured with the help of a GDPR representative, an EU based proxy for the US company, whose far-reaching role helps to ensure US organizations stay ahead of their compliance obligations and avoid the (potentially enormous) fines and reputational damage that can spread from non-compliance.

GDPR Compliance: Not Just for Europeans

To date, the role of the EU GDPR representative has been to ensure compliance and protect the interests of the organization and data subjects during trade with EU residents. There were always clear trickle-down benefits on this side of the Atlantic, in terms of general data awareness, risk reduction and trust enhancement among those companies taking data protection seriously, but it’s fair to say the driver was the big stick of EU legislation.

But things are changing.

Already this year, numerous states have enacted data privacy laws modelled on the GDPR. The California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Data Privacy Act and the Virginia Consumer Data Privacy Act are all now in force. The Utah Consumer Privacy Act will be effective from the end of 2023.

All the above take their inspiration (and much of their detail) from the GDPR. More states are set to follow. For US organizations, the data protection landscape is clear. Work with a GDPR rep to help ensure your compliance in the EU, and you’ll be helping to ensure compliance across a growing swathe of the US too.

Here are just some ways an EU GDPR consultant can increasingly benefit US businesses at home and overseas.

Precision-Engineered Compliance Strategies

Compliance that is aligned purely to the requirements of a regulation is of limited value to any company. But tailored compliance that ticks the boxes of regulation while also aligning with an organization’s strategic objectives can help build better processes, consumer loyalty and trust while reducing corporate risk. An EU GDPR representative can help you achieve this.

Embedded Data Protection

Compliance with GDPR (and increasingly US state data protection laws) is easier when data security is an ingrained part of business as usual. A GDPR EU representative can help you ensure data protection is as natural and well-developed a part of your business as ops, and that means benefiting from compliance becomes much simpler.

Optimized Processes

Achieving GDPR compliance often requires the restructuring of some internal processes. A skilled GDPR representative can be your strategic guide, helping you to make changes in the most streamlined and efficient way.

Elevated Corporate Reputation

Demonstrating an unwavering commitment to compliance via expert GDPR consultancy bolsters a business’s reputation in the eyes of stakeholders, emphasizing its dedication to safeguarding sensitive data.

Efficient Data Governance; Reduced Risk

With your GDPR consultant’s support in helping you to put tailored strategies in place that reduce the likelihood of data mishandling or unauthorized access.

Prepared for Change

Perhaps one of the most important reasons to work with an experienced EU GDPR representative now is that they can help you for the inevitable spread of similar legislation within the US.

As states are already demonstrating, GDPR is the US’ template for its data protection future. In many ways, GDPR is the new American way in a data sense. Working with a GDPR rep now can help you get ahead of the game, building compliance on your terms and to your timescales.

So when the rest of the US is scrambling to catch up with intricate processes such as data protection impact assessments, consent management, and the safeguarding of individual rights, you’ll have already done it.

Explore how our GDPR services can support you now, get data protection advice or, for questions about your next steps, call us on +1 303 317 5998.

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