PRPO-05

Is your company subject to the laws and regulations of the institution's geographic region?

Explanation

This question is asking whether your company must comply with the laws and regulations that apply in the geographic region where the institution (your potential client) operates. What this means: Different regions (countries, states, provinces) have different laws governing data privacy, security, and business operations. For example, if the institution is in California, they want to know if you're subject to California laws like the CCPA (California Consumer Privacy Act). If they're in the EU, they want to know if you're subject to GDPR. Why it's being asked: The institution needs to ensure that any vendor they work with will comply with the laws that affect their operations. If you aren't subject to these laws, it could create compliance risks for them. For instance, if they must follow strict data protection laws but you don't, their data might not be adequately protected when in your possession. How to best answer it: 1. Determine which geographic regions the institution operates in 2. Research whether your company has legal obligations in those regions 3. Consider factors like: - Where your company has physical offices or employees - Where your servers/data centers are located - Whether you actively market to or serve customers in those regions - If you process personal data of individuals in those regions Be specific about which laws apply to you and how you ensure compliance. If you're not subject to certain laws but voluntarily comply anyway, mention that too.

Guidance

Indicates whether your organization is legally bound by state, federal, or local laws where the institution operates.

Example Responses

Example Response 1

Yes, our company is subject to the laws and regulations of your institution's geographic region We have offices in 15 states including California, New York, and Texas, as well as operations in the EU and Canada We comply with all applicable federal, state, and local laws in these jurisdictions, including GDPR, CCPA, CPRA, HIPAA, and other relevant privacy and security regulations Our legal and compliance teams continuously monitor regulatory changes across all regions where we operate or serve customers to ensure ongoing compliance We maintain a comprehensive regulatory compliance program that includes regular assessments, training, and updates to our policies and procedures.

Example Response 2

Yes, while our company is headquartered in Ireland, we are subject to the laws and regulations of your institution's geographic region through our legal nexus Although we don't have physical offices in your region, we process personal data of individuals located there and actively market our services to organizations in your jurisdiction This means we are legally obligated to comply with your region's data protection laws For example, for US clients, we comply with applicable state privacy laws (CCPA, CPRA, VCDPA, etc.) and federal regulations For EU clients, we adhere to GDPR requirements We've implemented a geographic compliance framework that maps our obligations by region and ensures appropriate controls are in place.

Example Response 3

No, our company is not currently subject to the laws and regulations of your institution's geographic region We are a Singapore-based company with operations exclusively in Southeast Asia We don't have offices, employees, servers, or active marketing efforts in your region However, we recognize the importance of compliance with your regional requirements for this potential partnership While not legally obligated, we have voluntarily implemented controls that align with major international frameworks like ISO 27001 and NIST CSF If we move forward with this relationship, we would commit to implementing additional controls necessary to meet your regional compliance requirements, and we're prepared to document this commitment in our service agreement.

Context

Tab: Privacy
Category: Privacy Policies and Procedures