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Data Privacy & Security

Given the current age of technological innovation and digital change, Wargo French Singer understands that protecting client data is critical.

WFS routinely advises sophisticated national and international companies across industries regarding data privacy, compliance, security breaches, and risk management. Our attorneys are well-versed in the constantly evolving privacy and data security legislation landscape, including state and federal regulations in the United States, as well as in the United Kingdom and European Union. We counsel clients on compliance issues raised by the collection, aggregation and use of personally identifiable information and other data from consumers, customers and other data sources, and assist clients in developing effective, widespread strategies for addressing cybersecurity, data, and privacy matters.  Additionally, we are well-equipped to develop risk mitigation plans for clients that have experienced security breaches or losses of data, including the defense of privacy-related class action and single-plaintiff litigation in the event necessary.

OUR SERVICES IN DATA PRIVACY AND SECURITY INCLUDE:
  • Advising clients regarding customer relationships, including, without limitation, issues relating to data privacy and security (including issues relating to the collection, management and use of personally identifiable information), network connectivity, and service level and outage liability (including addressing impacts on customers and negotiating refunds and credits to customers).
  • Advising clients across industries on all aspects of data- and privacy-related transactions, including issues relating to the sale, purchase and licensing of data and the protection, collection, management and use of user and customer data (including personally identifiable information).
  • Preparing, reviewing and negotiating vendor and partner contracts and data processing agreements (for both data controllers and data processors) governing the use, access, disclosure and storage of data (including personally identifiable information).
  • Preparing, reviewing and negotiating data-sharing agreements involving behavioral advertising and geotargeting, programmatic buying, cross-device tracking, IoT implementations, analytics through artificial intelligence, and other emerging communications and business practices.
  • Representing buyers and sellers in acquisition transactions, including drafting privacy and security-related requests and disclosures, assessing potential compliance gaps and recommending mitigation measures, preparing privacy representations and disclosure schedules, and leading negotiations with counterparties on privacy and security issues.
  • Advising clients on transactional matters regarding website and mobile application development and hosting, and counseling clients regarding privacy issues and best practices in preparing terms and conditions and privacy policies for websites and mobile applications.
  • Advising clients with respect to a broad range of privacy and security issues, including compliance with existing and emerging privacy regimes (including the CCPA), other state-specific pre-breach security requirements, and GDPR and best practices in implementing cybersecurity policies and procedures.
  • Advising clients affected by data security breaches on complying with U.S. state law and regulatory breach notification requirements and managing the data breach response process.

All Practice Areas

Aaron O. Bibbee
Laurie H. Selkowitz
Alina M. Singer