Privacy laws create serious challenges for any business that collects, uses, or distributes information about individuals. Wide media attention, class action suits, as well as government enforcement actions, have made information privacy a major risk area for businesses.

Computers, networks, high speed communications, wireless devices, data mining or tracking technologies, have made possible the creation of complex databases and tools for the analysis and use of personal data, such as consumer purchasing patterns, financial information or medical history. As a result, companies have increased their use and demand for more personal information of their personnel, clients, and prospects.

Concurrently, privacy and information access issues have risen to the forefront of legal developments, and are now affecting every business. Hundreds of privacy laws are already in effect, and countless privacy related bills are introduced each year at the federal or state level.

We can assist companies with their information privacy compliance needs. Our services include, for example:

• Privacy Evaluation
  • Review and evaluation of company's internal procedures and policies with respect to creation, maintenance, use, and transborder transfer of personal information databases
  • Evaluation of compliance with applicable laws, regulations and guidelines
  • Review and analysis of privacy policies and procedures, and privacy related documents for risk assessment and compliance purposes

• Company Privacy Procedures and Policies
  • Revision, update or development of company privacy policies compliant with applicable laws
  • Assistance in the development of company privacy procedures
  • Development and distribution of notices to and contracts with personnel and other data subjects
  • Personal information transfer agreements
  • COPPA compliance requirements

• Corporate and Commercial Transactions
  • Privacy and data protection focused due diligence of M&A target, potential outsourcing or other service provider
  • Review and evaluation of target’s privacy policies, privacy practices, and compliance with applicable privacy laws
  • Evaluation of restrictions to the transfer of personal information to the purchaser or other third party
  • Assessment of the privacy obligations for the successor entity
  • Drafting, structuring and negotiation of privacy and security focused provisions to complement the master contract
  • Combination of the privacy policies of two entities after an acquisition Data use agreements
  • Personal Information Transfer Agreements

• Compliance
  • Counseling on compliance with privacy laws and regulations: financial information privacy (Gramm Leach Bliley Act), medical information privacy (HIPAA), children privacy (COPPA), CAN SPAM Act, E.U. data protection directive, privacy laws of the E.U. Member States and other countries with strong data protection laws.
  • Revision of existing privacy and other policies and procedures to ensure compliance with applicable privacy laws
  • Registration with foreign data protection agencies

• Privacy Awareness and Training
  • Counsel and training on US and foreign privacy laws
  • Education of the effect of privacy laws on the creation, maintenance and use of databases of employee information, client information, marketing databases
  • Counsel and training on the use of inter-company and intra-company transfers of data, and personal information transfer agreements

• International
  • Counsel on compliance with foreign data protection laws; in particular, with respect to the restrictions on the transfer of personal information
  • Personal information transfer agreements
  • Safe Harbor self-certification program
  • Global privacy policies and procedures
  • Registration with foreign data protection agencies

• Spam - Commercial Emails
  • Review and analysis of advertising and e-marketing practices
  • Development, establishment and institutionalization of policies and procedures to achieve compliance with CAN SPAM Act
  • Training and education with respect to the CAN SPAM Act and unsolicited commercial messages.

• Training, Education, Privacy Awareness
  • Development of privacy awareness programs
  • Development of training materials, and conduct of training programs with respect to US or foreign data privacy laws
  • Training and education with respect to CAN SPAM Act compliance.