As part of our Technology and Data practice, we provide data privacy services.
Data privacy refers to the relationship between the collection and dissemination of data and information. Since such data often contains sensitive information, several legal and political issues surround the control and disclosure of the data. There is reactionary and ever-changing nature of the laws and regulations that govern protection of such data and information. Therefore, compliance with these laws requires companies to constantly reassess their internal and external procedures when dealing with these challenges.
The Federal Trade Commission (FTC) and Data Privacy
Due to technology advances, the potential for rapid collection and dissemination of personal data grows every year. Although the FTC provides guidelines regarding fair information practices, the regulations often fail to address all types of new situations. Therefore, small businesses without existing compliance infrastructures can’t easily get guidance on information privacy.
Legal Requirements for the Type of Information Collected and the Manner Collected
Today, the range of data collected and disseminated via electronic means varies widely. Additionally, the rules and regulations differ for each type of data gathered as well as for the manner in which collected. For example, collection of medical information requires HIPPA compliance. Companies should balance the rights of web users against the need to collect data, especially for marketing purposes. The use of trackers on websites is common, but there are legal requirements that must be abided as well as to providing notice.
We have an understanding of technology and data privacy concerns as well as the necessary legal compliance requirements.
Information Privacy Compliance: Proactive Measures
Companies benefit from audit reviews of their processes, procedures, and documentation for security of privacy. We help companies develop procedures to address privacy concerns as well as deal with compliance requirements. Businesses that educate themselves and employees on best practices for securing privacy of data have fewer issues with breaches or compliance defaults.
Data Privacy Compliance: Limiting Liability
Legal compliance for security and protection of online privacy are huge concerns (or should be) for Internet businesses. Data breaches and hacking are prevalent in this age of virtual everything.
Therefore, we help businesses develop privacy compliance practices to help limit liability. Some of the methods of legal compliance as well as limiting liability include, for example:
Website Privacy Policies
Terms of Service Agreements
Indemnity Clauses and Indemnification Agreements
eCommerce and Website Agreements
NDAs, Non-Disclosure Agreements
Implementing procedures as well as using documentation and agreements to help limit liability will help in dispute resolution or litigation more effective.
Data Privacy Litigation
Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page.
Additional Insights Regarding Data Privacy Law and Issues
For more information on data privacy, see our Legal Insights and Industry Solutions pages.
