Why Digital Policies Aren’t Red Tape: Turning Data Governance Into a Strategic Advantage

Are digital policies slowing your business down or setting it free?

Most in-house lawyers know the groan that comes with another policy draft hitting their desk. Policies often get dismissed as bureaucracy, a drag on innovation, or just another checklist item. But here’s the truth: when designed well, digital policies aren’t barriers. They’re frameworks that empower employees to act with confidence and help the business move faster, not slower.

In a recent conversation with Christina Podnar, we explored why legal leaders should rethink their approach to digital policies. Her message was clear: policies should liberate employees, not shackle them. And for in-house lawyers, that shift in perspective could be the difference between being seen as a roadblock, or a strategic enabler.

Watch the full conversation with Kristina Podnar here:

It’s no longer enough for companies to simply collect data. The question is: can that data be trusted?

That’s where data provenance comes in. Think of it like a chain of custody for information—you can trace where data comes from, how it transforms, and what rights or restrictions apply to it. Digital policies often outline these crucial aspects, giving organizations clarity and accountability.

For in-house lawyers, this isn’t just a technical issue. Whether they conduct due diligence in an acquisition or assess risk in vendor contracts, they need to know the origin and integrity of data—often the difference between opportunity and liability. Groups like the Data & Trust Alliance are developing standards to make this visibility practical, not just theoretical. Well-crafted digital policies help establish and reinforce these standards.

If provenance answers the “where” of data, attribution tackles the “who.”

In creative fields, attribution is straightforward: the author’s name on a book, the songwriter’s credit on an album. With datasets, it’s more complicated. Who should be recognized when a dataset underpins business decisions? The team that cleaned and curated it? The vendor who licensed it? The company that invested in generating it? These elements are often governed by digital policies.

These questions go beyond recognition they impact contracts, negotiations, and even compensation. And they’re exactly where in-house counsel can add value: by ensuring agreements reflect both the legal rights and the ethical considerations of attribution.

Of course, governance can’t be everything to everyone. In theory, a company could track every micro-transformation of a dataset. In practice, that’s impossible.

The smarter approach is to focus on what matters most: who created the data, what rights are attached, and whether it can be trusted. Start with those essentials. Then evolve as technology and standards mature.

For legal teams, this balance is critical. It keeps governance frameworks practical and aligned with business realities while still protecting the organization from risk.

Here’s the shift worth embracing: digital policies are not red tape. They’re scaffolding. They create the structure that allows employees to innovate confidently, knowing where the guardrails are.

For in-house lawyers, that’s an opportunity. By shaping policies that prioritize clarity, trust, and usability, you move the legal function from “compliance police” to “strategic partner.” And in a world where data is both a risk and an asset, that’s exactly where legal needs to be.

Watch the full conversation here:  Notes to My (Legal) Self: Season 7, Episode 3 (ft.Kristina Podnar)

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