Technically Legal - A Legal Technology and Innovation Podcast - Where to Begin With Data Governance Frameworks and How Software Can Help (Brandon Wiebe, GC & Head of Privacy, Transcend)

Where to Begin With Data Governance Frameworks and How Software Can Help (Brandon Wiebe, GC & Head of Privacy, Transcend)

09/28/23 • 40 min

Technically Legal - A Legal Technology and Innovation Podcast

Brandon Wiebe, General Counsel and Head of Privacy at Transcend, offers tips about implementing data governance frameworks and how to utilize software in the process. Brandon’s company is a privacy platform that helps legal and compliance teams automate data compliance tasks.

Brandon explains that most data privacy laws, like the General Data Protection Regulation (GDPR) in the EU and U.S. state laws like the California Consumer Privacy Act (CCPA), generally require similar things of companies:

notice at the time of customer data collection
implementation of data security obligations
that companies have a lawful basis for collecting information and that use of the information is consistent with the companies stated purpose for collecting it
individuals have the right to opt out of data sale or sharing.

Despite the many data privacy laws already enacted and new ones on the horizon, Brandon is quick to emphasize that data privacy teams should not let perfect be the enemy of good. They must get started somewhere in their data privacy policy journey.

He says the best place to start is an organizational data map detailing all the places in a company’s tech stack holding data subject to privacy regulations. Once a company has its data mapped, it can more easily comply with customer requests for information as permitted under data privacy laws and can also ensure it is not keeping more data than needed.

Brandon also touches on why AI can complicate data privacy efforts, but also notes that artificial intelligence can also assist with data privacy efforts.

notice at the time of customer data collection
implementation of data security obligations
that companies have a lawful basis for collecting information and that use of the information is consistent with the companies stated purpose for collecting it
individuals have the right to opt out of data sale or sharing.

Brandon also touches on why AI can complicate data privacy efforts, but also notes that artificial intelligence can also assist with data privacy efforts.

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undefined - Why the FTC’s YOLO Antitrust Strategy Against Amazon May Not Actually Be Good for Competition (Adam Kovacevich – CEO Chamber of Progress)

Why the FTC’s YOLO Antitrust Strategy Against Amazon May Not Actually Be Good for Competition (Adam Kovacevich – CEO Chamber of Progress)

tlpodcast.com/why-the-ftcs-yolo-antitrust-strategy-against-amazon-may-not-actually-be-good-for-competition-adam-kovacevich-ceo-chamber-of-progress/Adam Kovacevich, the founder and CEO of the Chamber of Progress, explains why he thinks the United States Federal Trade Commission’s recent efforts to curb what it believes to be anti-competitive activity by large tech companies may not actually foster competition and could impact innovation.

Most recently the FTC has targeted Amazon to reign in what the FTC perceives to be anti-competitive power over online sales and fulfillment.

The Chamber of Progress describes itself as a new tech industry coalition devoted to a progressive society, economy, workforce, and consumer climate. The organization promotes public policies that “build a fairer, more inclusive country in which all people benefit from technological leaps.” The New York Times describes it as “one of the most powerful tech lobby groups”.

Adam and the Chamber of Progress believe that the FTC’s change in philosophy under its current chairperson, Lina Kahn, could stifle technology innovation and actually harm consumers and sellers on the Amazon Marketplace. Under Chairperson Kahn, the FTC’s focus is less on the impact a company’s market power has on the consumer (i.e. pricing) and more on the structural and market power tech companies have over their respective industries.

Prior to founding the Chamber of Progress, Adam worked at Google for many years as a Senior Director for the company’s US Policy strategy. After Google he took a similar role at Lime-the e-bike and scooter company. Right out of college he was a staffer for his local congressman and ultimhttps://tlpodcast.com/?p=6857ately handed press duties for Senator Joe Lieberman.https://tlpodcast.com/?p=6857

Next Episode

Will DAOs Become the New LLC?; or What Legal Professionals Should Know About DAOs (Nick Rishwain, Cougar DAO / Experts.com)

In this episode Nick Rishwain discusses decentralized autonomous organizations (DAOs). Nick, a participant in several DAOs including Cougar DAO and TaterDAO, shares insights into the world of DAOs and their unique features.

A DAO is a type of organization that operates on a blockchain, where members own tokens instead of shares and use these tokens to vote on actions the DAO will take. DAOs aim to achieve a common goal without relying on traditional business entity structures.

However, DAOs can be complex and present legal challenges due to their decentralized and distributed nature. Nick explains that while DAOs have gained popularity in the crypto and blockchain space, it’s important to consider the legal implications and potential liabilities associated with participating in a DAO. He emphasizes the need for careful evaluation and choosing the right DAO legal structure, such as forming an LLC, to mitigate risks.

Nick also discusses LexDAO, a legal engineering guild that fosters collaboration between lawyers, engineers, and other professionals interested in improving the legal system through code and software. LexDAO provides resources, community engagement, and advocacy for legal innovation.

The podcast episode concludes with Nick sharing his experience with CougarDAO, formed to acquire real estate–specifically Cougar Island in Idaho. That deal did not come to fruition so the DAO bought property in Colorado, Memphis and most recently in Arizona.

Because DAO legal frameworks are still in their infancy, Cougar Dao operates as a member-managed LLC with a code deference agreement that links the LLC’s activities to a DAO on the Kali platform. Overall, the discussion provides valuable insights into the world of DAOs, their potential benefits, and the legal considerations associated with participating in these decentralized organizations.