Confusing Legal Landscape Detrimental to Small Businesses; Liability Increases with Rise in E-Commerce.PORTLAND, Ore. -- As small business owners work to stay afloat in a changing economy, confusing con·fuse v. con·fused, con·fus·ing, con·fus·es v.tr. 1. a. To cause to be unable to think with clarity or act with intelligence or understanding; throw off. b. legislation can often be a pitfall pit·fall n. 1. An unapparent source of trouble or danger; a hidden hazard: "potential pitfalls stemming from their optimistic inflation assumptions" New York Times. . Experts at the nonprofit A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive. Nonprofits are also called not-for-profit corporations. Nonprofit corporations are created according to state law. Information Technology Solution Providers Alliance (ITSPA ITSPA Information Technology Solutions Providers Alliance ) see the muddled mud·dle v. mud·dled, mud·dling, mud·dles v.tr. 1. To make turbid or muddy. 2. To mix confusedly; jumble. 3. To confuse or befuddle (the mind), as with alcohol. environment of business law as a major hurdle HURDLE, Eng. law. A species of sledge, used to draw traitors to execution. for small companies. Laws such SB 1386 in California can easily affect unsuspecting small businesses that aren't well informed about the confusing legal landscape. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. www.sb-1386.com, the law requires anyone conducting business in California to "disclose any breach of security to any California resident whose unencrypted data is believed to have been disclosed." This means all businesses must report to law enforcement any loss or unauthorized disclosure of private information such as any combination of first initial and last name plus a specific account number, Social Security number or other personally identifiable information In information security and privacy, personally identifiable information or personally identifying information (PII) is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. . "On the surface, this law may appear to affect only California businesses, but with today's reliance on e-commerce and the Internet, a small business based in Boston that sells a product to a California resident has to know about this law," said Kevin McDonald
Kevin Hamilton McDonald (born May 16, 1961) is a Canadian comedian and actor, known as a member of the Canadian sketch comedy group Kids in the Hall. , vice president of Alvaka Networks and ITSPA advisory board member. "In fact, there are so many new security and privacy laws affecting small businesses, it's hard for most managers to keep up with what applies to them." McDonald summarizes the legal landscape for small businesses in two words: confusing and changing. One major problem that businesses face is deciding what laws really apply. Managers are seeing a multitude of laws that relate to business technology, and it's difficult to filter out what is applicable to their own businesses. ITSPA recommends small businesses familiarize themselves with pertinent computer laws and regulations by following a few simple steps to start the education process. --1) Research your state's Web site to find laws that apply to your business. --2) Consult a lawyer. No matter how small, your business is regulated by state and federal laws. By being proactive and learning about the legal landscape, you can avoid liability and risk. --3) Join a local business association or ask your chamber of commerce to help keep you abreast of the newest local laws. --4) Consider a membership in a national organization of similar type businesses. They usually have someone dedicated to keeping abreast of key issues across the country. --5) Contact your local technology solution provider to perform an audit on your security system to see if you're meeting the legal requirements of privacy laws like California SB 1386. For more information, check out these legal and informational resources: --California SB 1386: www.sb-1386.com --National Conference of State Legislators: www.ncsl.org --American Electronics Association: www.aeanet.org --Find a lawyer or legal advice: www.findlaw.com About ITSPA (www.itspa.net) Headquartered in Portland, Ore., the Information Technology Solution Providers Alliance (ITSPA) is a national, nonprofit organization Nonprofit Organization An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well. Notes: Examples of non-profit organizations are charities, hospitals and schools. serving as an objective resource for businesses hoping to take advantage of the benefits of new technology. ITSPA is dedicated to helping small and medium-size businesses adopt technology and grow by using local solution providers to solve business challenges. |
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