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Legaltech Consultancy

The Synergy between AI and Data Protection: Navigating GDPR Compliance

Artificial Intelligence is transforming business operations, but it also brings significant data protection challenges. Ensuring GDPR compliance is crucial for leveraging AI’s potential without risking penalties or reputational damage. Legal advice is essential in managing these risks, securing data, and maintaining client trust.

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The Importance of Legal Consultation

In today’s digital landscape, regulations are rapidly evolving, especially in complex areas like artificial intelligence and algorithmic systems. Consulting with legal professionals is crucial to understanding these new rules and ensuring your company is fully compliant with current laws.

Adapting to Digital Regulations

Laws governing the use of digital technologies and data are constantly changing. Specialized legal consultations help you identify which regulations apply to your company and develop strategies to adapt your operations effectively and proactively.

Compliance with Algorithmic System Requirements

The introduction of specific regulations for algorithmic systems and artificial intelligence requires a knowledgeable and informed approach. Collaborating with expert legal professionals ensures that your algorithmic systems comply with all relevant regulations, minimizing legal risks.

Planning for the Future

Engaging legal professionals not only helps you maintain compliance today but also prepares you for future regulations. Ongoing consultation allows your company to stay aligned with regulatory developments, protecting your business and fostering sustainable growth over time.

Reference Market

In 2023, several sectors faced increasing regulatory complexity, prompting companies to seek assistance from legal professionals, especially to mitigate non-compliance risks. Here’s a numerical overview of the key sectors:

  • Financial Services:
    – Compliance Spending: 20% of compliance budgets
    – Legal Costs Increase: +15%
    – Key Drivers: Post-Brexit regulations, FCA’s Consumer Duty implementation.
    This sector saw a significant increase in legal consultations, particularly related to post-Brexit regulations and the implementation of the Consumer Duty by the FCA in the UK. Financial companies allocated up to 20% of their compliance budgets to regulatory adjustments, with legal expenses increasing by 15% compared to 2022.
  • Technology and Data Security:
    – Incidents: 91% of global companies reported at least one cybersecurity incident (2022)
    – Compliance Spending Increase: +12% (YoY)
    – Key Focus: GDPR compliance, data protection programs.
    With 91% of global companies reporting at least one cybersecurity incident in 2022, 2023 witnessed growing expenditures on legal consultancy to manage GDPR and data security issues.
    Compliance service expenses in this sector increased by 12%, with companies heavily investing in the review of data protection programs.
  • Energy and Sustainability:
    – Compliance Spending Increase: +18%
    – Key Drivers: New environmental regulations, mandatory ESG reporting.
    With the introduction of new sustainability regulations and mandatory ESG reporting, companies in the energy sector increased their compliance spending by 18%. Businesses frequently consulted legal experts to adhere to new environmental and sustainability directives.
  • Pharmaceutical and Healthcare:
    – Compliance Spending Increase: +14%
    – Key Drivers: Post-pandemic regulatory complexity, product safety, data privacy.

The complexity of healthcare regulations, particularly post-pandemic, led to a 14% increase in spending on legal consultations. Companies had to navigate increasingly stringent regulations on product safety, healthcare data privacy, and compliance with new global guidelines.

Frequently Asked Question

Why should I pay attention to privacy when setting up a website?

Because, if you have a website, you should provide it with a privacy policy, in order to inform, as is mandatory since the entry into force of the European Privacy
Regulation, the GDPR, those who visit it, on how you behave towards their personal
data, to avoid incurring financial penalties imposed by the Privacy Guarantor.

What is meant by "personal data"?

Personal data is information that identifies or makes identifiable, directly or indirectly, a natural person and that can provide information on his characteristics,
habits, lifestyle, personal relationships, health status, economic situation, etc..

What are cookies?

Cookies are small text strings that are saved in the folders of the Users’ browser while they are browsing on Internet sites and contain certain information (indication of the server from which they were generated or the domain, duration or expiry date, a unique identification code, a unique value, etc.), information that the site sends to the browser that creates the cookie, storing it in its directories. During browsing, cookies concerning the Site on which you are browsing are sent back to the server, which uses the value of the cookie for purposes such as, for example, facilitating consultation of the Site and improving the browsing experience, conveying advertising messages, acquiring statistical information relating to Users’ browsing, etc.

How do I have to do to be compliant?

You should equip yourself with a tool, i.e. an IT instrument that, when they first access your website, informs the user that there is a privacy policy and that, by navigating your site, they may receive the installation of cookies, which they can REFUSE, accept partially or in full.

So this plugin is not enough to be in compliance?

It is not enough, as it merely warns users but does not bother to collect users’ consent to the processing of their personal data, nor to ‘communicate’ with the appropriate authorities if ‘special’ or ‘sensitive’ data is involved.

So what do I need to do to be in compliance?

It is necessary to be assisted by a legal advisor who can, in a ‘tailor-made’ manner, prepare the appropriate information and verify, step by step, that the procedures to safeguard the protection of users’ personal data is always the primary objective of the data controller, i.e. the owner and proprietor of the website.

How can my compliance with the law also help me in marketing?

It is not just a matter of formally complying with a legal obligation. It is also a choice of field, namely to assume a ‘winning’ mindset in a market, which is the digital one, where those who differentiate themselves in terms of safeguarding the rights of users and caring for and defending them, will have considerable advantages in terms of web reputation and professional image!

Why do I have to watch out for cyber attacks? Isn't antivirus sufficient?

Given the current situation in recent years, which has witnessed continuous and repeated cyber attacks on critical infrastructures, but also on business sectors, it is necessary to constantly exercise due care and diligence to protect information systems from loss, unauthorized access, use, disclosure, destruction, modification, interruption or distribution. The loss of one’s own data not only entails huge recovery costs, in the best-case scenarios, but also, in the worst-case scenarios, the need to create it from scratch, which can impede the normal course of one’s business.

What is a social engineering attack?

Unfortunately, your company may have to deal with social engineering attacks: phishing and digital scams have become an increasingly complex scourge to intercept and treat, and now affect over 90% of professionals and businesses. Phishing, in particular, is also the biggest vehicle for malware and ransomware attacks. The SE test allows you to assess the penetration of different types of phishing campaigns and to build up appropriate training to avoid falling for them.

How can my online reputation affect my business?

Nowadays, one’s image on the Internet is a watershed for access to services and/or facilities, useful for the pursuit of one’s corporate mission. Even banks can deny a loan on the basis of a company’s online reputation. It is therefore necessary to give the right value to our credit score and web reputation in order to remain competitive.

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