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Guidance for Antitrust and Privacy Compliance, by Lorman

Guidance for Antitrust and Privacy Compliance is brought to you by Lorman

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, internal audit personnel, and other in-house financial personnel. However, events of the past year have profoundly influenced security and enforcement policies, and persons charged with compliance must quickly adapt with respect to both areas. At least three major factors have defined this necessity. The first factor is the COVID-19 pandemic. The economic benefit programs and massive adoption of remote work have enhanced the risks to data privacy and security regarding personally identifiable and protected health information and intellectual property. Another risk area concerns the avoidance of fraudulent conduct in obtaining federal benefits. The second factor is the advent of a new presidential administration. This has led to efforts, not just to enhance antitrust enforcement but to reorder antitrust theory itself. While these efforts have been primarily directed at technology and health care, they have had an immediate effect on antitrust compliance. The third factor is the threat by state-sponsored and economically motivated actors to the security and privacy of digital information. This has created a host of compliance issues regarding the adoption and monitoring of best practices, dealing with government enforcement, and even the ethical responsibilities of lawyers. This material will review enforcement shifts concerning antitrust and data privacy, best practices concerning compliance and legal policies, novel compliance issues, and risk-minimization strategies.

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