Kohn Communications: Critical Legal Risks in Privacy Policy & How to Fix Them | Erayaha

When Privacy Policies Create Hidden Liabilities: Kohn Communications Case Study

Imagine a scenario where a single ambiguous data clause exposes a company to €20 million in GDPR fines or a class action lawsuit under CCPA. Our analysis of Kohn Communications' privacy policy reveals several such risks—each with the potential to trigger regulatory scrutiny, litigation, or reputational damage.

1. Ambiguous Data Ownership and Confidentiality Kohn Communications states: "You are the sole owner of any contact information you provide to us... We treat that information as your confidential information and we will only use it for purposes of providing the service to you." This language is ambiguous regarding actual data control, processing rights, and the company's obligations under GDPR/CCPA. The lack of specificity can result in disputes over data breaches or third-party requests, potentially costing $100,000+ in legal fees and settlements.

Legal Analysis

high Risk

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You are the sole owner of anyretain all rights and ownership over contact information and related data you provide to us, including, but not limited to, contact personal information and notes about your contacts. We treat that informationact solely as your confidentiala data processor, processing such information exclusively on your documented instructions and wein compliance with applicable data protection laws, including GDPR and CCPA. We will onlynot access, use it, or disclose your data for purposes ofany purpose other than providing the service to youagreed services, except as required by law.

Legal Explanation

The original clause is ambiguous about data control and the company's obligations as a data processor. The revision clarifies roles, restricts processing to documented instructions, and aligns with GDPR/CCPA requirements, reducing legal ambiguity and risk.

2. Vague User Rights and Incomplete Compliance Statement The policy references user rights (access, correction, erasure, objection) but does not specify legal bases for processing or provide clear instructions for exercising these rights. This omission is a direct compliance gap under GDPR Articles 12-15 and CCPA §1798.100, risking regulatory fines up to 4% of annual global turnover.

Legal Analysis

high Risk

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You are entitledhave the right to ask us for a copy of your informationaccess, to correct it, erase or, restrict its processing, or ask us to transfer some of thisyour personal information, and to other organizations. You also have the right to object to some processing activities andor withdraw consent for processing, as provided under applicable laws such as GDPR and CCPA. To exercise these rights, please contact us at [email protected] with your specific request. We will respond within 30 days as required by law.

Legal Explanation

The original clause lacks reference to legal bases, timelines, and clear instructions for exercising rights. The revision provides regulatory context, actionable steps, and a response timeframe, ensuring compliance and enforceability.

3. Inadequate Security Representations While the policy claims to use encryption and secure storage, it does not specify the standards (e.g., TLS 1.2+, ISO 27001) or procedures for breach notification. In the event of a data breach, this vagueness could undermine enforceability and expose the company to statutory damages ($750 per user under CCPA) and class action risk.

Legal Analysis

critical Risk

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We take precautions to protect your information. When you submit sensitive information via the websiteimplement industry-standard security measures, your information is protected both onlineincluding TLS 1.2+ encryption for data in transit and offlineISO 27001-compliant controls for data at rest. Wherever we collect sensitive information (such as credit cardIn the event of a data), that breach affecting your personal information is encrypted, we will notify you and transmitted to us in a secure wayrelevant authorities within 72 hours, as required by applicable law.

Legal Explanation

The original clause is vague and lacks reference to specific security standards and breach notification obligations. The revision establishes clear, enforceable commitments and aligns with GDPR/CCPA requirements.

4. Unilateral Policy Updates Without Notice The policy states: "Our Privacy Policy may change from time to time and all updates will be posted on this page." There is no commitment to notify users directly of material changes, which is required by many privacy laws. Failure to notify can invalidate user consent and trigger regulatory investigations, with potential fines exceeding $50,000 per incident.

Legal Analysis

medium Risk

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OurWe will notify you directly via email or other provided contact methods of any material changes to our Privacy Policy may change from time to time and all updates will be posted on this pageat least 30 days before such changes take effect, as required by applicable privacy laws.

Legal Explanation

The original clause fails to provide for direct user notification of material changes, a requirement under many privacy laws. The revision ensures users are informed and can exercise their rights, maintaining valid consent.

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Conclusion: Proactive Redlines for Legal Resilience Our examination shows that even well-intentioned privacy policies can harbor costly legal risks. Addressing these issues with clear, enforceable language and regulatory alignment is essential for financial and reputational protection.

How would a regulatory audit impact your business if these gaps were discovered?
Are your data handling practices defensible in court?
What proactive steps can you take to future-proof your compliance?

**This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai's terms of service for liability limitations.**