Data Privacy & Cybersecurity

Privacy and Data Security Services

As businesses move firmly into the age of big data, social networks and cloud service offerings, the ability to properly gather, protect, and harness data in compliance with the law presents an enduring challenge. An improper response to a data breach, failure to comply with the ever vastly growing regulation landscape, or gaps in contractual protections can result in serious legal consequences on top of an already difficult crisis. The critical question for companies is not whether these situations will arise, but when, and what they can do to protect against such situations.

Klinedinst’s Privacy and Data Security team helps clients across a broad range of industries throughout the US and internationally, to proactively prepare for these problems before they occur. Our attorneys also provide effective cybersecurity incident response solutions, should the worst happen. Our holistic approach to compliance and security is designed to ensure our client’s business values are preserved and protected in the event of a security incident. As part of our memberships within LAW and USLAW NETWORK, we work closely with law firms throughout the country and across the globe to ensure we can protect your business regardless of its location.

With years of experience in corporate, compliance, professional liability and criminal justice experience, our Privacy and Data Security team is well equipped to provide:

• Internal privacy, document and data retention, and security policies;
• Website and in-app data privacy policies, cookie policies, electronic disclaimers and license agreements;
• Data breach response plans, disclosure obligations, crisis response and user conflict situations (our team can serve as a first responder in the event of a security incident to preserve your businesses reputation and revenues);
• Privacy and data security audits and data mapping guidance;
• General Data Protection Regulation (GDPR) compliance;
• California Consumer Privacy Act (CCPA) compliance;
• Data sharing agreements (Business Associate Agreements, Data Transfer Agreements, Standard Contractual Clauses);
• Regulatory privacy compliance in the health, finance, and education industries, including Health Insurance Portability and Accountability Act (HIPAA) and Gramm-Leach-Bliley Act compliance; and
• Consumer protection and data breach litigation.

On the regulatory side, our attorneys guide clients in compliance with:

• California Consumer Privacy Act (CCPA);
• General Data Protection Regulation (GDPR);
• Health Insurance Portability and Accountability Act (HIPAA);
• Gramm-Leach-Bliley Act; and
• eDiscovery and information governance best practices.

Klinedinst attorneys also help clients ensure data privacy standards are met through:

• Internal privacy, document data retention, and data security policies;
• Website and in-app data privacy policies; and
• Cookie policies, electronic disclaimers, and license agreements.

For more information, contact Klinedinst to be connected with one of our Privacy and Data Security lawyers.

National Security & Bulk Data Transfer Compliance (DOJ Data Security Program)

Organizations that collect or transfer sensitive personal data now face an additional layer of federal regulation when certain data transactions involve countries of concern or covered persons. The U.S. Department of Justice Data Security Program creates restrictions and prohibitions involving access to certain U.S. government-related data and bulk U.S. sensitive personal data.

Klinedinst’s Privacy and Data Security attorneys help businesses evaluate data flows, contractual relationships, and compliance obligations as privacy and data-security rules continue to evolve. For organizations potentially affected by the DOJ Data Security Program, that starts with understanding what data the business holds, where it moves, and which vendors, employees, investors, or other parties may have access to it.

Data Security Program Compliance

• Data mapping and assessment of potentially covered data
• Review of cross-border data flows
• Vendor and data-processing agreement review
• Assessment of data brokerage, vendor, employment, and investment arrangements
• Privacy, data-retention, and information-governance policies
• Contractual data-security protections
• Coordination with broader privacy and cybersecurity compliance programs
• Ongoing review as regulatory guidance develops

The Data Security Program applies a national-security framework to certain data transactions and can intersect with existing privacy, cybersecurity, vendor-management, and information-governance obligations. Klinedinst works with clients to evaluate these issues within the broader context of their operations and existing compliance programs.

Because the rules are highly fact-specific and continue to develop through DOJ guidance, businesses with significant sensitive-data holdings or international relationships should assess potential exposure based on their particular data, transactions, and counterparties.

To learn more about National Security & Bulk Data Transfer Compliance, contact a member of Klinedinst’s Privacy and Data Security team.

Related Practice Areas

• Privacy and Data Security
• Information Governance
• GDPR & Cross-Border Data Transfer
• Vendor & Data Processing Agreements
• Data Breach / Incident Response