Data Protection

Overview

A company’s data is one of its most valuable assets. A breach of sensitive or proprietary data can have costly legal, financial, and public relations consequences for a company.

Unfortunately, due to constantly changing security threats, insulating a company’s valuable data from unauthorized or unwarranted use or disclosure can be extremely challenging. Additionally, increasing state and national government scrutiny has raised the stakes in data protection.

Epstein Becker Green’s Privacy, Cybersecurity & Data Asset Management Group is experienced at devising client-specific data protection strategies to help clients prevent or mitigate the occurrence of a data breach, safeguard confidential and proprietary information, and comply with applicable laws.

Our Services

We provide legal advice and guidance on all aspects of data protection. For example, our services include:

advising on compliance with applicable data privacy and security, consumer protection, and marketing laws, regulations, and notification requirements, including, among others, the CAN-SPAM Act of 2003, the Children’s Online Privacy Protection Act, the Consumer Privacy Bill of Rights, the European Union’s General Data Protection Regulation, the Federal Trade Commission’s Privacy Report, the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act of 1996, the Payment Card Industry Data Security Standard, the Telephone Consumer Protection Act, and state data security and breach notification laws;
drafting and counseling on implementing compliant contracting strategies to protect data rights and support data sharing and use;
advising on identifying and managing internal and external data security threats and risks;
conducting privacy impact assessments and other security risk assessments based on industry standards frameworks that examine IT systems and data flows to evaluate the sufficiency of existing protections and options to strengthen privacy and security safeguards;
designing and implementing privacy and data protection plans, policies, and procedures to place clients in a defensible posture;
creating and implementing education and training programs related to privacy, cybersecurity, and data asset management;
conducting privacy and security due diligence of service providers, and supporting ongoing vendor management activities;
devising strategies for communicating about a crisis with clients, consumers, regulators, law enforcement, and the media; and
advising on the legal issues and risks associated with outsourcing personal data processing operations, cloud computing, offshoring, and other data storage options.

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