May 23, 2023

The Future of Data Privacy: Tighter Controls, New Challenges for Startups

As a result of the Cambridge Analytica scandal and the congressional hearings that followed, hearings in which Facebook’s founder provided unsatisfying responses to committee members regarding how the company collects and uses customer data, Facebook and its business model are undergoing new levels of skepticism and scrutiny. Similar internet giants, like Google, are also in the hot seat (by association and by virtue of related revenue models). At the same time, the GDPR is casting its shadow of influence over both established internet businesses and hopeful startups who might otherwise be tempted to take risks and cut corners when it comes to the management of user information.

All this may seem to bode poorly for the biggest giants in the marketplace, who may soon be required to change both their internal practices (how they protect user data from hacks and breaches) and their fundamental business models (how they collect and sell that data in the first place). Facebook, for example, may be required to start selling products or subscriptions to users directly instead offering its service for free and charging third party advertisers. And in the fall—or at least the stumble—of these dominant companies, new startups may see the light of opportunity or the prospect of an easier field of competition.

But for overly optimistic startup founders, experts are delivering a warning, and with good reason: Tighter security and privacy regulations change the marketplace and entrance requirements for everyone, not just the biggest players. And in a new landscape of increased client and investor skepticism, bigger brand names are more likely to generate trust than smaller companies with unknown brands and unproven reputations. It’s a strange paradox, but it may be possible; bigger names and marketplace incumbents hold a certain advantage, even when they get into trouble. So what can a small startup do to gain a foothold in a market that’s just as uneven as ever, but now offers the added challenge of tighter data management requirements?

The answer lies in two separate moves. First, entrepreneurs need a business model that can survive and thrive in this newly competitive landscape. And second, in the year ahead, data security and total compliance will be a must. Startups need an infrastructure of seamless data management that can stand up to intense review if they plan to attract investors (as well as enterprise-level clients). The fastest growing businesses in 2018 and 2019 will offer something others can’t, and will have an aggressive approach to data security that others don’t.

We’re here to help.

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Frequently Asked
Questions

What type of compliance standard can you help with?

We help our clients based on their needs. The majority of our contracts involve SOC-2, HIPAA, and most recently GDPR. Feel free to ask us if we can help with your particular case. If we aren't able to, we can most likely recommend you to someone who can.

How long does a SOC 2 engagement usually take?

We move as fast as our clients are able to make progress. Our fastest client to date got their SOC-2 Type I four months after signing our engagement letter. That record is up for grab if you are up for it.

In our experience however, it takes 6-9 months to achieve a SOC-2 Type I,  and 3-6 additional months to obtain a SOC-2 Type II report.

Which standard do you follow for your security policies?

All of our security policies follow the ISO-27001 standard. The Confidentiality, Integrity, and Availability standards cover the range of standards we like to work with for SOC 2.

Why do we have to become SOC 2 compliant if we are relying on AWS which is already compliant?

SOC 2 stands for Service Organization Control, meaning your clients are interested in understanding your controls, not your hosting provider’s control. As part of your vendor assessment we recommend reviewing AWS’ SOC 2 report, but relying on their report is not enough to become SOC 2 compliant.

Who is behind SOC 2?

The American Institute of CPAs. The AICPA is an established and respected organization that provides two forms of audits to companies that demonstrate evidence of a secure data-protection infrastructure. A Type I is a point in time audit that addresses the company’s description of its system, the suitability of the system’s design, and the effectiveness of its internal data controls. A Type II report happens over a period of time and emphasizes design and also focuses on the validity of the company’s controls.

Are SOC 2 reports a legal obligation?

No, but most enterprise level organizations that engage with sensitive data (again, almost all of them) have an obligation to their stakeholders to prove due diligence regarding data security, which means they’ll want to vet their service providers using this tool. SOC 2 can help these prospective service providers set themselves apart from the competition. Just as important, a SOC 2 report represents a meaningful and respected signifier of trust.

What can happen to a company without a SOC 2 report?

A lack of a SOC 2 report won’t result in legal problems, but it can and will limit outside assessments of the company’s commitment to data security. When large-scale clients look for providers, or large-scale backers look for a likely return on their investment, they don’t want concerns about security to stand in the way. Trust is a chain made of links that have each been put the test and have proven their ability to withstand pressure and scrutiny. Company leaders are wise to let SOC 2 auditors apply this pressure so their clients and backers don’t have to.

When is it too late for a SOC 2 audit?

Never. Even companies that have been in business for years but have never obtained a SOC 2 report can—and should—take steps in this direction now. Being compliant with SOC 2 can open the door to a broader base of more significant clients and larger contract opportunities. That being said, startups in the threshold of the marketplace, and new business owners who hope for an eventual public offering, should obtain a SOC 2 report during the development and financing process. By the time the company approaches Series B and C fundraising rounds, a report should be in hand.

How complicated is the auditing process?

The auditing process can be easy, or complicated depending on your level of preparation.

Preparing for the audit can take some time, attention, and the guidance of reliable data security experts. Don’t leave any part of this process to chance. Approach SOC 2 compliance one step at a time, and start by contacting a consulting firm with track record of experience in your area of the marketplace.