Guidance for Antitrust and Privacy Compliance
Learn best practices with respect to compliance and legal policies as well as risk-minimization strategies.
One might question the linkage of antitrust and privacy in providing guidance to in-house counsel, compliance officers, privacy and data security managers, and internal audit and other in-house financial personnel. However, events of the past year that have profoundly influenced security and enforcement policies to which persons charged with compliance must quickly adapt with respect to both areas. At least three major factors have defined this necessity.
First, the COVID-19 pandemic, its economic benefit programs and massive adoption of remote work have enhanced risks to data privacy and security with respect to personally identifiable and protected health information, and intellectual property. Another risk area concerns avoidance of fraudulent conduct in obtaining federal benefits.
Second, the advent of a new presidential administration and increasing activism on both sides of the Congressional aisle have led to efforts, not just to enhance antitrust enforcement, but to reorder antitrust theory itself. While these efforts are primarily directed at the technology and health care spaces, they are having immediate effect on antitrust compliance generally.
Third, the security and privacy of digital information increasingly has been threatened by state-sponsored and economically motivated actors. This has created a host of compliance issues regarding adoption and monitoring of best practices, dealing with government enforcement, and even ethical responsibilities of lawyers.
Thus, we are going to discuss enforcement shifts with respect to antitrust and data privacy, best practices with respect to compliance and legal policies, and novel compliance issues and risk-minimization strategies.
• You will be able to describe how to benchmark actual compliance.
• You will be able to discuss compliance elements that ought to be in place to address the most-immediate enforcement and litigation risks.
• You will be able to explain data privacy and security.
• You will be able to review antitrust policy and regulatory changes under the Biden administration.