Texas Attorney | Privacy & Data Protection Law | Email Compliance & Deliverability Recently admitted to the Texas Bar, I bring a unique combination of legal training and 15+ years of hands-on experience in email compliance, privacy regulation, and data protection—expertise that's increasingly critical as companies navigate complex regulatory landscapes.
Case: Email Compliance and Regulatory Adherence Consulting – Mickey
Client
ExactTarget (later Salesforce Marketing Cloud) is one of the leading players in the email marketing industry, working with a large number of clients across the United States and internationally. For the company, it was critically important to ensure:
- Compliance with regulatory requirements for information security in the US;
- Implementation of standards for legal support for information security in the US in accordance with federal and state laws;
- Avoiding fines for personal data protection violations and risks of blocked email delivery.
The client faced the challenge of integrating legal and compliance standards into daily operations and conducting employee training on information security to minimize regulatory risks.
Objectives
The primary goals set for Mickey included:
- Provide expert consultations on compliance with email marketing regulations and legislative requirements.
- Identify and eliminate deliverability issues and potential compliance risks.
- Collaborate with legal departments to respond to clients who violated rules.
- Offer legal support during regulatory audits to prepare the company for inspections.
- Conduct security audits for legal compliance and ensure adherence to data protection laws.
- Draft and implement privacy policies for US companies and NDAs in data protection.
- Ensure CCPA compliance for businesses in California, as well as compliance with HIPAA requirements for medical data, FERPA for educational institutions, COPPA for children's data protection, and data protection under GLBA for financial institutions.
- Provide data breach response in the US, including legal guidance and communications with regulators.
- Assess the cost of compliance services in the US and help optimize expenses.
Approach & Solutions
Mickey applied a comprehensive legal and consulting approach, combining regulatory expertise with technical know-how.
- Risk Analysis & Strategy
- Identified industries with elevated compliance and deliverability risks.
- Developed step-by-step strategies to resolve client compliance problems.
- Conducted security audits for legal compliance with multiple regulatory frameworks, including HIPAA, FERPA, COPPA, GLBA, and CCPA.
- Estimated the cost of compliance services in the US to align business needs with budget efficiency.
- Legal & Regulatory Interaction
- Worked with internal legal departments to suspend non-compliant clients.
- Engaged with external regulatory bodies (such as Spamhaus) for escalated issues.
- Provided data breach response in the US, ensuring timely reporting and minimizing exposure to fines for personal data protection violations.
- Industry Expertise & Advocacy
- Actively participated in industry groups like M3AAWG to exchange best practices.
- Implemented employee training on information security across departments.
- Designed privacy policies for US companies and introduced NDAs in data protection to strengthen contractual safeguards.
Key Results
- Significantly improved client compliance with industry standards.
- Reduced risks of blocked emails and legal penalties.
- Established transparent legal processes for handling violations.
- Optimized cost of compliance services in the US, saving resources while maintaining legal adherence.
- Enhanced corporate reputation as a reliable and compliant partner.
FAQ
Question
Why is CCPA compliance for businesses in California so critical?
Answer
CCPA ensures proper handling of personal data of California residents. Non-compliance leads to significant penalties and loss of consumer trust.
Question
What is included in HIPAA requirements for medical data?
Answer
HIPAA regulates the storage, transfer, and confidentiality of protected health information. Violations result in severe fines for personal data protection violations.
Question
How do NDAs in data protection help businesses?
Answer
NDAs protect sensitive business and client information, ensuring legal remedies in case of unauthorized disclosure.
Question
What is the role of FERPA and COPPA in compliance?
Answer
FERPA for educational institutions safeguards student data, while COPPA for children's data protection secures online privacy of minors under 13. Both frameworks are crucial in education and digital services sectors.
Mickey acted as a legal and compliance advocate, combining technical insight with legal expertise. His work enabled the company to:
Ensure compliance with regulatory requirements for information security in the US;
Provide robust legal support for information security in the US;
Implement scalable policies, including privacy policies for US companies and NDAs in data protection;
React effectively with data breach response in the US;
Minimize risks of fines for personal data protection violations through proactive security audits for legal compliance;
Align compliance programs with frameworks such as CCPA, HIPAA, FERPA, COPPA, and GLBA.
Ultimately, the company built trust with clients and regulators, ensuring sustainable compliance while managing the cost of compliance services in the US effectively.
