Data privacy is becoming an increasingly more important topic, especially as different countries and states roll out different privacy laws. I talked to Andy Sambandam, founder and CEO of AI-powered data privacy company Clarip, about how companies can ensure that they are in compliance wherever they operate. This conversation has been edited for length, clarity and continuity. When privacy laws in Europe went into effect, there were different instances of some social media platforms that complied with those jurisdictions’ more stringent privacy requirements. Are the platforms still working on multiple versions, or are they figuring out how to make one system that follows privacy laws? Sambandam: We are a data privacy platform. We’re right in the middle of this thing, and we have a lot of customers that have presence in the EU, in Germany and Spain and in Italy and France and U.K. Companies still, even to this day, take an approach where they [decide], ‘Hey, if a visitor’s coming in from the EU or to our site in the EU, then we’re not going to track this data. Or if it’s coming from America and a certain state, we’re going to not do anything. We’re going to collect all the data and share it freely.’ This has actually given a raise to a pretty interesting subset of services. There are companies using IP address to understand where you’re coming from, which city or country you belong to. You can make a call to understand where that user is coming from: Is [a person] coming from Germany or is she coming from Virginia? Those types of calls are happening seamlessly behind the scenes. These providers are growing tremendously because companies started using some of these tools behind the scenes. The tools, whether it’s ours or other tools, have technology to tweak or configure their platform so that they can decide where somebody is coming from and then track or not track, or use third-party cookies or not use third-party cookies. Tech companies are made up of people who create the tech part, but then there are different departments, like legal and marketing. Do they understand exactly what the ramifications are between privacy laws and what they mean to all countries? The simple and honest answer to your question is not at all. They don’t understand. I see this personally in many of the large Fortune 100 companies that I engage with. The person in the IT world, for example, they’re not really thinking about privacy. If you’re a CIO, you are a business person saying, ‘Hey, I need this feature to be built.’ The developer, the engineer, they’re just going and writing a piece of code. Especially in the last 10, 15 years, software development has almost become like Lego building blocks. If you want to build something, you go download some existing library and then build things on top of it. By nature, software is collecting and sharing data downstream. The IT person or the engineers, they’re not really thinking privacy that much, but the legal and compliance people are. At the same time, I’ve seen marketing and sales team members, for them, data collection and analytics is super important so that they can do retargeting. You’ve probably seen this: You’re looking for something or talking to your friend about a certain thing, and all of a sudden you start seeing ads for that red sweater or shoes or ticket to the Caribbean. It’s a complex issue. The marketing team [can go to] extra lengths to find ways to circumvent these privacy laws. But then the privacy teams are like, ‘Hey, no, you’re not supposed to do this because we have these laws.’ I’ve seen companies where if the chief compliance officer or legal officer [comes from] a much larger state, those companies’ privacy programs will be more strict and stringent. Where the marketing rules, you’re going to see they have the upper hand. What do you suggest that a company working in this space do to make sure that they are complying with all applicable laws everywhere without being too careful? Try to do what’s in the best interest of your customers. If you have consent from your customers to share data, then do that. But you have to be upfront about it. How often do you actually read terms and conditions or a privacy notice top to bottom? Never, right? It’s simplifying that and telling people what data are you collecting, who are you going to share with and how are you going to use it. If you can show that true value proposition, people are willing to share. If you want to receive coupons for Black Friday, $25 off or 25% off, but you’ve got to give an email address or sign up for a newsletter, then you’re going to do it. You’ve got to avoid dark patterns. Don’t try to sneak something in the middle of your privacy policy that’s 4,000 words long. Sometimes, the company is challenged on what they say in the project policy is one thing. What’s actually happening behind the scenes is something else. Legal people don’t understand technology evolving, and they may have returned a project policy 12 months ago that’s no longer valid. Now, something’s changed in that technology ecosystem. Doing annual checks or quarterly audits, and being transparent, getting consent are some big common sense things you can do that could get you out of trouble and that would help you in the balances. |