Is Your Business Compliant With Data Protection and Environmental Regulations?

There are a variety of legal issues that can affect business owners, and some of the most key concerns involve maintaining compliance with laws and regulations. New laws are created or updated on a regular basis, and staying on top of these changes will help business owners avoid penalties and ensure that a business can continue operating successfully. 

Addressing Cybersecurity and Data Protection Laws

As more and more companies conduct business online, maintain digital records, and transmit data electronically, maintaining data security has become crucial. When data breaches occur, multiple types of protected information may be released, including customer information, financial records for a business, or trade secrets. This can result in significant losses for a business. To prevent these issues, business owners will need to make sure they comply with federal and state data protection laws.

The Biometric Information Privacy Act is one law that may affect business owners in Illinois. Under this law, a private company that possesses biometric information such as fingerprints, voiceprints, or iris or retina scans must maintain a written policy detailing the retention schedule and guidelines for properly disposing of this data. A company cannot collect biometric information without obtaining a person’s consent, sell or otherwise profit from biometric data it has collected, or disclose biometric information without authorization. If a business is accused of violating this law, a person that was affected may take legal action seeking to recover damages. A company may be required to pay damages of $1,000 for each violation that occurred because of negligence or $5,000 for each violation that was considered to be intentional or reckless. In a recent case, the Illinois Supreme Court found that an individual who pursues a lawsuit under this law does not need to prove that they experienced damages, they only need to show that a violation occurred.

Maintaining Compliance With Environmental Regulations

Multiple federal and state laws may apply to a business to ensure that the business is taking the proper measures to avoid issues that may harm the environment or affect public health. The Clean Air Act and Clean Water Act regulate pollution, and other laws may address issues such as greenhouse gas emissions, medical waste, recycling of industrial materials, and the use of toxic chemicals or other harmful substances.

Some recent changes to environmental laws may address pollution, air quality, and chemical emissions. The U.S. Environmental Protection Agency (EPA) has updated the Cross-State Air Pollution Rule (CSAPR) to require power plants to cut emissions of nitrogen oxides and prevent pollution from contributing to unhealthy air quality in downwind communities. The state of Illinois has also passed laws restricting the use of ethylene oxide for sterilization purposes. Companies are required to capture 100 percent of ethylene oxide emissions within a facility and limit external emissions to no more than 0.2 parts per million.

By working with a business law attorney to determine how to respond to new laws and regulations, a business owner can protect their ability to carry out their strategic growth goals.

Contact Our DuPage County Regulatory Compliance Attorneys

Maintaining compliance with laws and regulations will help your business prevent issues that could result in fines, lawsuits, or other legal concerns. With the help of a qualified Illinois business law attorney, you can make sure your company will be resilient, and you can avoid legal concerns that may cause problems in the future. To learn how we can help you address issues related to regulatory compliance, contact The Gierach Law Firm at 630-228-9413.

Sources:

Capitol News Illinois

EPA