Have ‘The Privacy Talk’ with your business partners

Published September 10, 2021

Marc Ellenbogen
Contributor

As general counsel of Foursquare, Marc Ellenbogen is responsible for guidance regarding litigation risks, corporate initiatives, risk management, equity, employment, regulatory and all other legal and compliance matters.

As a parent of teenagers, I’m used to having tough, sometimes even awkward, conversations about topics that are complex but important. Most parents will likely agree with me when I say those types of conversations never get easier, but over time, you tend to develop a roadmap of how to approach the subject, how to make sure you’re being clear and how to answer hard questions.

And like many parents, I quickly learned that my children have just as much to teach me as I can teach them. I’ve learned that tough conversations build trust.

I’ve applied this lesson about trust-building conversations to an extremely important aspect of my role as the chief legal officer at Foursquare: Conducting “The Privacy Talk.”

The discussion should convey an understanding of how the legislative and regulatory environment are going to affect product offerings, including what’s being done to get ahead of that change.

What exactly is The Privacy Talk?

It’s the conversation that goes beyond the written, publicly posted privacy policy and dives deep into a customer, vendor, supplier or partner’s approach to ethics. This conversation seeks to convey and align the expectations that two companies must have at the beginning of a new engagement.

RFIs may ask a lot of questions about privacy compliance, information security and data ethics. But it’s no match for asking your prospective partner to hop on a Zoom to walk you through their broader approach. Unless you hear it firsthand, it can be hard to discern whether a partner is thinking strategically about privacy, if they are truly committed to data ethics and how compliance is woven into their organization’s culture.