Information Privacy, Data 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. The modern importance of privacy protections continues to rise as the U.S. federal and state governments and regulatory authorities worldwide address privacy issues associated with new technologies. Agency enforcement actions, self-regulation and other forms of accountability are on the rise in the United States and across borders. One of the greatest risks is damage to a company’s reputation and its relationships with customers and business partners. Successful companies must navigate a complex web of rapidly evolving laws, regulations and policies at all levels of government, both domestic and international.
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The CommLaw Group’s information privacy, data security and consumer protection practice encompasses cloud computing, breach notification requirements, and privacy policies for companies that handle, collect and use personal data. See below for additional information regarding each of these distinct areas of our practice.
Our privacy professionals help clients implement best practices in information privacy and data security. We are aware of the potential for domestic and international enforcement actions for failure to protect consumer information. We have advised clients dealing with security breach and unauthorized disclosures of personal information, including state breach notification requirements. 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. We also recognize the need to address legal and reputational risks while preserving an organization’s ability to use information in ways that achieve organizational goals. We work with clients to develop privacy practices that support business success.
Our clients are providers of Cloud communications, software as a service ("SaaS"), communications as a service ("CaaS") and other software-enabled communications and collaboration services, application (apps) services & developers, and all forms of Internet Based (IP-based) services, including Voice over Internet Protocol ("VoIP") and other hybrid & convergent communications service providers. We have regularly counseled our clients on the data security laws and regulations that govern the handling of financial information – under the Gramm Leach Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transaction Act (FACTA), Red Flags Rules -- security breach disclosure laws; industry standards, such as PCI DSS; mandatory and voluntary compliance plans for the Fair Debt Collection Practices Act (FDCPA), TCPA and CAN-SPAM; and the FCC’s CPNI rules. We help clients realize business goals, manage risk, and comply with privacy and data protection laws.
The flexibility and ease of storing and processing data in the cloud also present legal risks and challenges in complying with privacy and data protection laws. We help companies understand that they must manage risks depending on the type of data that could be hosted, how much control they have over handling or moving the data, and the degree to which the data is protected through contracts and appropriate audit and reporting measures and security protections. We can assist our clients in reviewing cloud services agreements, counseling on data privacy and security compliance requirements, and ensuring that security protections are adequately addressed in contracts.
Security Breach Disclosure
Breach incidents that might have allowed personal information to be accessed by unauthorized third parties are governed by differing federal, state and territorial laws. Each applies to different types of data and imposes different obligations. We can assist companies to prepare for a possible breach of security of their systems. If a breach occurs, we assist clients in responding, evaluating the breach, determining whether security breach disclosure laws apply to the incident, addressing associated contractual issues, and complying with breach notification requirements under various state laws as required.
Information Privacy and Data Security Policies and Procedures
Our Team and the Scope of Our Services
Our experienced attorneys provide creative, practical, specialized, legal counsel and support to enable companies to successfully manage their compliance risks. Specialized in representing all aspects of the communications sector, including providers of cloud communications, broadband and Internet access, and VoIP services, we carefully weave privacy and security in all aspects of the business to minimize its exposure while advising clients how to use information in ways that benefit the business and its customers. We offer comprehensive assessments of privacy and security requirements to ensure compliance with of the myriad U.S. federal and state laws, regulations and policies addressing privacy issues, including:
We offer guidance on an array of privacy related matters, including the following:
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