DATA PRIVACY, SECURITY AND CONSUMER PROTECTION

In today’s Internet-based global marketplace, communications, software and other technology services providers face real concerns related to customer privacy, data protection and network security. Successful companies must navigate a complex web of rapidly evolving laws, regulations and policies at all levels of government, both domestic and international. To ensure adequate protections, companies must work directly with vendors, employees, independent contractors and customers to obtain, use, secure and protect internal and external customer data.

Our experienced attorneys provide creative, practical, specialized, legal counsel and support to enable companies to successfully manage their compliance risks. We carefully weave privacy and security in all aspects of the business to minimize its exposure. We offer comprehensive assessments of privacy and security requirements to ensure compliance with a wide range of federal and state laws, regulations and policies, including:

• FCC Customer Proprietary Network Information (“CPNI”) rules
• Telephone Consumer Protection Act (“TCPA”)
• CAN-SPAM Act
• Children’s Online Privacy Protection Act ("COPPA")
• Federal Trade Commission (“FTC”) Fair Information Practices Principles
• Other developments in federal laws and regulations supported by the FTC, as embodied in its 2012 Report to lawmakers and businesses: FTC Report: Protecting Consumer Privacy in an Era of Rapid Change

Our attorneys advise on structuring and implementing a compliant privacy policy and assist clients with measures designed to safeguard customer data, such as developing employee guidelines and standards and drafting customer notifications. In addition to general compliance, our firm can evaluate and propose a compliant solution for commercial advertising campaigns. Finally, our team can help minimize losses in instances of breach by assisting with customer notification measures.

We offer guidance on an array of privacy related matters, including the following:

• Development of data security plans
• Compliance with federal privacy mandates, including the FCC’s CPNI rules
• Drafting compliant privacy policies and website disclosures
• Developing TCPA and CAN-SPAM-compliant email and Internet commerce policies
• Handling data security breaches and privacy complaints
• Litigating and defending privacy-related cases before the FCC, federal and state courts, Administrative Law Judges, and the FTC
• Management of document retention policies
• Responding to law enforcement inquiries and reporting security breaches
• Compliance with state and local privacy mandates
• Reviewing and preparing contracts addressing privacy concerns with third-party vendors
• Creating FTC and FCC-compliant prepaid calling card disclosures
• Non-disclosure and non-compete agreements addressing the protection of confidential information
• Responding to legislative and regulatory initiatives
• Encryption of sensitive information
• Training employees and conducting security risk assessments
• Compliance with FTC’s “Red Flag” rules and federal privacy matters related to credit, debit and stored value transactions
• State and local laws and rules aimed at protecting consumer privacy
• International laws associated with consumer privacy, data protection and security, including the European Union’s proposed data protection package, which includes two important legislative texts:
  
  • A proposed Regulation: General Data Protection Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which will supersede Directive 95/46/EC; and
  • A proposed Directive: Police and Criminal Justice Data Protection Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection, or prosecution of criminal offenses or the execution of criminal penalties, and the free movement of such data.