What does a Privacy Counsel do?

A Privacy Counsel is a specialized legal role within a company or organization focused on data privacy law. They are responsible for ensuring that all company operations remain compliant with all local, national, and international data privacy regulations. The Privacy Counsel provides counsel to senior management and the board of directors on data privacy matters and helps to formulate the company's data privacy strategies.

What are the responsibilities of a Privacy Counsel?

• Providing legal advice and guidance on data privacy laws, regulations, and best practices to senior management and board of directors.
• Participating in strategic planning and decision-making processes related to data privacy.
• Helping to formulate the company's data privacy strategies, policies, and procedures.
• Working with the legal team and other departments to ensure company operations, new products, and services are compliant with data privacy laws.
• Negotiating, drafting, and reviewing contracts and other legal agreements with a focus on data privacy and data protection clauses.
• Overseeing data privacy-related issues and disputes, including managing investigations and audits by regulatory bodies. Providing training and guidance to other members of the organization on data privacy matters.
• Building and maintaining relationships with external data privacy legal counsel, regulatory agencies, and other stakeholders.
• Ensuring the organization's data privacy policies and procedures are compliant with relevant laws and regulations, and effectively managing privacy risks.

What are the key challenges faced by Privacy Counsel?

• Keeping up-to-date with evolving privacy laws: With the ever-changing landscape of data privacy laws across different jurisdictions, keeping up-to-date and ensuring compliance can be challenging.
• Balancing privacy rights and business needs: The Privacy Counsel must balance the privacy rights of individuals with the organization's business needs and objectives, often navigating complex legal and ethical terrain. Translating legal requirements into business practices: Privacy Counsel must be able to translate complex legal requirements into practical business procedures and practices.
• Handling data breaches: In the event of a data breach, the Privacy Counsel plays a critical role in managing the incident and mitigating legal risks.
• Educating the organization: One of the key responsibilities of a Privacy Counsel is to educate other members of the organization on data privacy matters. This can be challenging as it involves explaining complex legal concepts in a manner that non-legal professionals can understand.