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V O L . X X V N O. X V I 50 Fact Book / Doing Business in Maine H OW TO B Y A N D R E A J . S H A W name or initial and their last name, along with any one of these items: Social Security Number Driver's license or state identifica- tion number Account number (if they can be used without additional information) Account passwords. If any of the elements above could be used to assume someone's identity without his or her name, then it is also "personal information" under the law. It is illegal in Maine for an unauthor- ized person to release or use an indi- vidual's personal information acquired through a security breach. Federal laws and enforcement In addition to state regulation, the Federal Trade Commission has jurisdic- tion over most companies and indi- viduals conducting business in the U.S. unless your company has another federal regulator, which generally means you have a more robust privacy require- ments. e FTC may use its "unfair or deceptive acts and practices" authority when there is not a privacy law on point. Earlier this year, the FTC entered a set- tlement agreement with a company over allegations that it falsely claimed it was a "privacy shield" compliant. Privacy shield is one way that companies wishing to do business with folks in the European Union can meet their data privacy and protection requirements. e company started the privacy shield certification process, but never completed it. What it all means Creating and maintaining a privacy pol- icy instills discipline for your business regarding privacy risks. It tells everyone at the company that privacy matters to the company and helps to create a culture of privacy and data protection. It also helps you keep your customers informed about what data you collect and how you use it. ese things all go a long way to helping you manage and reduce your privacy risk. By having your privacy requirements buttoned up you can focus on what is really important — running your business. A n d r e a J . S h a w i s a s h a r e h o l d e r a t t h e Po r t l a n d l a w f i r m B e r n s t e i n S h u r. Understand why your company needs a privacy policy A s a privacy lawyer I am frequently asked, "Does my company really need a privacy policy?" I always give the same answer: It absolutely does. A privacy policy reduces your legal risk, which makes it easier for you to focus on running your business. e U.S. legal landscape is a patchwork of privacy laws, which vary by state and industry. It becomes more challenging to keep track of the requirements daily. In the data secu- rity law space alone, the number of states with privacy laws on the books doubled from 2016 to 2018. Privacy laws in Maine Maine has a number of laws gov- erning data privacy, though please note we are not addressing industry specific requirements, such as bank- ing or medical information. Two laws deserve particular attention — an Act to Protect Online Consumer Information and the Notice of Risk to Personal Data Act. Gov. Janet Mills recently signed into law new prohibitions on how internet service providers (ISPs) can share con- sumer information for customers who are physically located and billed for ser- vice in Maine. e new law, "An Act to Protect the Privacy of Online Customer Information," becomes effective July 1, 2020. It's notable that this law doesn't apply to search engines or other online groups that may be able to collect and use your online information. For ISPs to use, disclose, sell or permit access to customer information, they must first obtain the customer's express, affirmative consent. If you are a broadband subscriber located (and billed) in Maine, you might see a new request from your provider regarding your data over the next 12 months. In addition, ISPs must take reasonable measures to protect customer informa- tion from unauthorized use. Maine's Notice of Risk to Personal Data Act protects "personal informa- tion," which is defined as a person's first " FAME's commitment to the growth of our business strengthens our own commitment to our employees, industry, and community." JB Turner President & General Manager FRONT STREET SHIPYARD WE HELP YOU GET TO yes Best Places to Work in Maine 2015, 2016, 2017, 2018 Helping Maine Businesses Succeed Since 1983 1-800-228-3734 • FAMEmaine.com 2015-2016-2017-2018 B U S I N E S S R E S O U R C E S

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