Bricsa Consulting’s Terms & Conditions: 4 Critical Legal Risks and How to Fix Them | Erayaha

Uncovering Hidden Legal Risks in Bricsa Consulting’s Terms & Conditions

Imagine facing a €20 million GDPR fine or a multimillion-dollar class action due to overlooked contract language. Our analysis of Bricsa Consulting’s Terms & Conditions reveals four critical legal and logical gaps that could expose the company to severe regulatory penalties, litigation costs, and reputational harm. Here’s what every business leader and legal team needs to know.

1. Ambiguous Data Usage and Consent Practices Bricsa Consulting’s terms state: “We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.” However, the clause lacks specificity about the legal basis for processing and fails to distinguish between consent and legitimate interest, as required by GDPR and CCPA. This ambiguity could result in regulatory fines up to 4% of annual turnover or $7,500 per violation under CCPA.

Legal Analysis

high Risk

Removed

Added

We maywill only use your Personal Data to contact youfor direct marketing purposes with newslettersyour explicit, marketinginformed consent, or promotional materials and other information that may be ofwhere we have a legitimate interest to youas defined by applicable data protection laws (e.g., GDPR, CCPA). You may withdraw your consent at any time.

Legal Explanation

This revision clarifies the legal basis for processing personal data for marketing, ensuring compliance with GDPR Article 6 and CCPA requirements. It strengthens enforceability by specifying user rights and consent mechanisms.

2. Incomplete International Data Transfer Safeguards The terms permit transfer of personal data internationally, including to India, but do not specify mechanisms such as Standard Contractual Clauses (SCCs) or adequacy decisions, as mandated by GDPR Articles 44-49. Without these, transfers from the EU/EEA could be deemed unlawful, risking injunctions and substantial fines.

Legal Analysis

high Risk

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Added

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your stateinternationally only where adequate safeguards are in place, province, countrysuch as Standard Contractual Clauses (SCCs) or other governmental jurisdiction where the data protection laws may differ from thosean adequacy decision under GDPR Articles 44-49. You will be notified of such transfers and your jurisdictionrights.

Legal Explanation

The revision introduces required legal mechanisms for international data transfers, ensuring compliance with GDPR and reducing the risk of unlawful transfer penalties.

3. Missing Data Breach Notification Protocols While the policy discusses data security, it omits any commitment to notify users or regulators in the event of a data breach. Under GDPR (Articles 33-34) and CCPA, failure to provide timely breach notification can trigger fines, regulatory investigations, and class action lawsuits, with average breach litigation costs exceeding $3.86 million (IBM, 2023).

Legal Analysis

critical Risk

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The security of your data is important to us but remember that no method of transmission overIn the Internet or methodevent of electronic storage is 100% secure. While we strive to use commercially acceptable means to protecta data breach affecting your Personal Data, we cannot guarantee its absolute securitywill notify affected users and relevant authorities without undue delay, and in any event within 72 hours where required by law (e.g., GDPR, CCPA).

Legal Explanation

This revision adds a legally required data breach notification protocol, ensuring compliance with GDPR Articles 33-34 and CCPA, and reducing litigation and regulatory risk.

4. Overbroad Disclosure Rights Without User Safeguards The clause “We may disclose your information… if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others” is overbroad and lacks objective standards or user notification. This exposes Bricsa Consulting to privacy claims and regulatory scrutiny for unauthorized disclosures.

Legal Analysis

high Risk

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Added

We may disclose your information… if we believe disclosure is necessary only where required by law or appropriatepursuant to protect the rightsa valid legal process, property, or safetyand will notify you of the Company, our customers, or otherssuch disclosure unless prohibited by law. Any disclosure will be limited to what is strictly necessary and subject to appropriate safeguards.

Legal Explanation

This revision narrows the scope of disclosure, introduces objective standards, and adds user notification, reducing the risk of unauthorized disclosures and privacy claims.

Conclusion: Proactive Legal Risk Management is Essential Our examination shows that addressing these four issues is not just about compliance—it’s about protecting against multi-million dollar liabilities, regulatory action, and reputational loss. Proactive redlining and legal review can transform hidden vulnerabilities into enforceable safeguards.

**Are your contracts exposing you to preventable risks? How would a major data breach or regulatory audit impact your business? What steps can you take today to ensure airtight legal 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.*