Privacy Law & Data Breach

Overview

We counsel clients in a wide variety of privacy law issues, including the development and implementation of website Privacy Policies and Terms of Use to comply with laws regarding website data collection. Tailored Privacy Policies and Terms of Use can greatly reduce the risk of government enforcement actions and privacy law class actions.  We regularly assist our clients in responding to data breaches, including assessing the potential exposure of personal information, complying with obligations under state and federal data breach statutes and regulations, and evaluating insurance coverage for loss caused by data security incidents.

Our team also assists clients with developing and implementing social media, electronic communications, information technology, bring your own device (BYOD), confidentiality, security, and data protection policies that meet or exceed industry standards and are appropriate for their organization.

Range of Services

• Defense of privacy litigation under the Florida Security of Communications Act (FSCA), the California Invasion of Privacy Act (CIPA), the Electronic Communications Privacy Act (ECPA), and the Telephone Consumer Protection Act (TCPA), as well as invasion-of-privacy claims involving websites, tracking technologies, and cookies
• Multi-jurisdiction privacy compliance, including U.S. state privacy laws, the CCPA, HIPAA, VPPA disclosures, the GDPR, and Canadian PIPEDA
• Drafting of data privacy addendums (for both technology providers and consumers), business associate agreements, end-user license agreements (EULAs), master service agreements, and terms of use
• Respond to data breaches end to end: assessing the exposure of personal information, meeting obligations under state and federal breach statutes, evaluating cyber-insurance coverage, and handling email spoofing, spear-phishing, and business email compromise
• Regulatory filings, compliance and analysis