ESRA Releases Policy Statement on Consumer Privacy & Data Protection Law

ESRA Releases Policy Statement on Consumer Privacy & Data Protection Law

WASHINGTON – May 1, 2020 – PRLog — The Electronic Signature & Records Association (ESRA)
announces the release of a policy statement recommending a unified standard for consumer privacy and
data protection laws.

“Protection of consumer information is of critical concern today,” said Harry Gardner, Chairman of ESRA.

“But equally important is a uniform national standard to guide states’ approach to this important issue. Our
membership supports either federal legislation or a uniform state law, to prevent the development of a
statutory patchwork of inconsistent state privacy laws.”

The policy statement can be found below and on ESRA’s website (https://esignrecords.org/).
“Uniformity of consumer privacy and data protection legislation across all U.S. states is critical to
the current and future utilization of electronic signatures and records which drive digital commerce.
In 2018, California became the first state to enact the nation’s most comprehensive consumer data
privacy and protection law, the California Consumer Privacy Act (CCPA) (effective January 1, 2020).

Since enactment of the CCPA, there has been a wave of proposed consumer data privacy and protection
legislation across states. As states move to implement their own consumer data privacy and protection laws,
conflicting requirements for compliance are arising.

Data protection bills in various states differ widely in their definitions of whose data is protected, what
constitutes a data breach, and how digital service providers must establish processes and procedures to
handle consumer data. Additionally, many of these laws are ignoring, or placing confusing exemptions
around, the important online fraud prevention mechanisms that electronic signatures and records provide.

These differences have a chilling effect on companies offering digital services across state lines.
Businesses of all sizes are beginning to understand the massive systems overhaul necessary to comply with
potentially 50 different laws as well as the legal implications of violating these laws.

In an age where both consumers and businesses unquestionably rely on digital commerce, ESRA
supports a national uniform standard that preempts state consumer privacy and data protection laws. A
single unified standard is necessary to establish certainty for both consumers and businesses and to ensure
the viability of digital commerce.”

About ESRA
The Electronic Signature and Records Association (ESRA) is the premier organization that educates and
advocates for the use and acceptance of digital transactions. ESRA advances and accelerates the adoption of
digital transactions and related technologies across all verticals, and provides thought leadership, legislative
advocacy, education and events to inspire a trusted digital economy for all. For more information, visit our
website at https://esignrecords.org/.

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