Data Privacy

Overview

A patchwork of data privacy laws govern the use, disclosure, and safekeeping of personally identifiable information. Understanding and complying with these overlapping and sometimes contradictory regulations is critical to the success (or failure) of every business, especially given the government’s increased focus on enforcement.

Blank Rome advises clients engaged in activities that may raise data privacy concerns: collecting data online, managing cardholder data, processing healthcare information, behavioral and targeted advertising, telemarketing, mass email campaigns, clinical research, consumer marketing, or human resources management. We help our clients understand and manage the risks involved in the transfer of sensitive personal information. It’s easy to run afoul of government regulations even with the best of intentions so we make sure you’re adopting the right compliance policies and implementing best practices. 

We also represent clients that partner with such businesses and need access to their data as part of their partnership, as well as lenders and private equity firms that interface with these companies, including business associates. Our litigators have a proven track record of swiftly and favorably resolving privacy-related disputes for our clients should they become necessary.

How We Can Help

  • assess business practices and compliance with industry standards and government regulations
  • draft policies and procedures
  • create and negotiate data privacy and security language in contracts and permission documents
  • draft online privacy statements
  • develop online data collection and use practices, on-line privacy statements, social media use, social media policies, and behavioral and targeted advertising
  • prepare online and in-person training modules
  • negotiate data backup and host site agreements to protect data in the event of an emergency
  • develop security protocols and audits of security practices
  • respond to security incidents and breaches
  • manage consumer complaints and respond to government inquiries
  • defend lawsuits, including privacy class actions
     

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