Companies in the Aerospace, Defense, and Government Services (“ADG”) industry face unique cybersecurity and data privacy challenges, especially those new to government contracting. The threat landscape includes not only malicious cyberattacks but also stringent regulatory requirements, such as mandatory reporting of cyber intrusions to the Department of Defense (“DOD”) and compliance with National Defense Authorization Act (“NDAA”) Section 889, which imposes new reporting obligations.
Blank Rome’s team of attorneys is adept at navigating the complex cybersecurity and data privacy issues unique to the ADG industry. Whether you’re a seasoned government contractor or venturing into government sales for the first time, our team can guide you through the maze of government regulations, including the protection of Unclassified Controlled Technical Information (“UCTI”), Covered Defense Information (“CDI”), and export-controlled information.
How We Can Help
We don’t just understand the law; we understand your business. This enables us to offer tailored advice that aligns with your specific needs in the ADG industry.
Our multidisciplinary team is skilled in:
- Preparing and managing cybersecurity policies compliant with government standards
- Advising on NDAA Section 889 compliance and new reporting obligations
- Evaluating and negotiating data protection provisions in government contracts
- Assessing cyber insurance policies specific to ADG risks
- Handling litigation or dispute resolution arising from cyber incidents
- Managing regulatory investigations related to cybersecurity compliance and breaches
Importantly, we offer a privileged relationship that allows our clients to identify and manage their security risks confidentially, protect their digital assets, and respond swiftly to cyber threats. Non-compliance in these areas can lead to severe consequences, including contract terminations and False Claims Act (“FCA”) liability.
Cybersecurity and Governance
- Guide ADG clients through the complexities of cybersecurity compliance, including governance policies and board-level reporting.
- Conduct risk assessments and develop tailored security protocols, ensuring you’re prepared for any cyber threats.
- Assist in the assembly of internal Incident Response Teams and recommend both strategic and tactical risk remediation measures.
Data Privacy and Compliance
- Assess your data management practices against industry standards and government regulations specific to the ADG sector.
- Draft and negotiate data privacy clauses in contracts, particularly those involving government contracts and subcontracts.
- Develop online data collection and use practices, ensuring they align with the unique needs and risks of the ADG industry.
- Manage international data transfers, including through certification to the E.U.-U.S. Data Privacy Framework and implementation of other cross-border data transfer strategies.
Incident Response and Litigation
- Offer privileged guidance on responding to security incidents, including mandatory reporting to government agencies.
- Prepare notifications to individuals and regulators, manage internal and external communications, and defend against any resulting litigation.