With Lack of Resources, It's Time for In-House Counsel to Step Up on Data Privacy
"When it comes time to deploy and implement the appropriate data privacy controls within your organization you need to have the right subject-matter expertise and the ability to deliver upon the obligations under the law in a way that makes sense for your business," Andrew Shaxted, senior director at FTI Consulting, said.
March 17, 2020 at 04:42 PM
3 minute read
Many companies feel they do not have the resources necessary to comply with the growing list of regulations surrounding data privacy.
That was a major finding in FTI Consulting's latest "Corporate Data Privacy Today: A Look at the Current State of Readiness, Perception and Compliance" survey published on Tuesday. The survey indicated 60% of respondents do not have the resources to become compliant with newer data privacy laws.
In the survey, FTI Consulting says it reached out to more than 500 leaders of large, U.S.-based companies, with 60% of respondents holding titles in senior management or the C-suite and 28% holding middle-management roles.
"When it comes time to deploy and implement the appropriate data privacy controls within your organization, you need to have the right subject-matter expertise and the ability to deliver upon the obligations under the law in a way that makes sense for your business," said Andrew Shaxted, senior director at FTI Consulting in Chicago.
The tight job market, he said, is making it difficult to recruit people with expertise from their current jobs. He said in-house counsel need to step up because data privacy is now part of all business functions.
"The expectation of in-house counsel as far as that baseline understanding of data privacy compliance obligations should tick upward," Shaxted said.
He added that when companies are selecting new software to manage data they should involve the legal and compliance teams early on to mitigate the "cost and risk of onboarding new solutions."
Increased Budgets for Privacy
Whether it is on compliance efforts or finding new talent to navigate cybersecurity and data privacy initiatives, many companies will be increasing their data privacy budgets in the next year. According to the report, 97% of respondents will increase their data privacy budgets by an average of 50%.
"With the California Consumer Privacy Act coming into force, organizations are going to feel the pinch for resources needed to comply. This will include large companies spending in the range of $1-2 million on establishing and maintaining compliance," Jake Frazier, senior managing director of FTI Consulting in Houston, said in the report.
The pressure to spend more comes partially from the scrutiny companies are facing for how they use personal data. From the survey, 60% of companies agreed there have been increased expectations on how data is managed.
"I think that also speaks to the nature of change taking place in the broader organization where personal data is becoming more and more integral to their work and therefore the cost of compliance is going to tick up," Shaxted said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSurvey Finds Majority of Legal Professionals Still Intimidated by AI Despite Need to Streamline Mounting Caseloads
Private Equity-Backed Medical Imaging Chain Hires CLO, Continuing C-Suite Makeover
SEC Ordered to Explain ‘How and When the Federal Securities Laws Apply to Digital Assets’
5 minute readTrending Stories
- 1Big Law Begins 2025 With Boston Laterals and Deals
- 2Vinson & Elkins Expands Environmental Team with Chair of Texas Commission on Environmental Quality
- 3From Courtrooms to Conversations: The Unexpected Joys of Podcasting as a Lawyer
- 4'A More Nuanced Issue': NJ Supreme Court Considers Appellate Rules for Personal Injury Judgments
- 5Drake Sues UMG for Defamation Over Promotion of False Claims of Pedophilia
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250