Data Protection and Privacy Solutions
With ever-increasing scrutiny on the threats to data security practices and privacy rights on the rise, safeguarding data is paramount to every organization’s success. Kendall PC advises clients on all aspects of this complex and ever-changing landscape, from assessing applicable data security and privacy law requirements to developing and implementing fit-for-purpose data protection and privacy plan measures designed to minimize risk and exposure under pertinent laws including the Health Insurance Portability and Accountability Act (HIPAA), Federal Trade Commission (FTC) Act, Children’s Online Privacy Protection Act (COPAA), CAN-SPAM Act, the EU’s General Data Protection Regulation (GDPR) and state privacy laws such as the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CRPA).
The Kendall PC data protection and privacy team has the knowledge and experience to guide your company through this unsettled space. We advise clients on all aspects of privacy and data security, providing tactical insights on various compliance and transaction-based strategies. Our privacy and data security litigation attorneys also provide support to navigate data breach or security incident investigation, response, notification, and remedial measures. We also leverage our extensive litigation experience and resources to resolve privacy-related claims and/or government enforcement action effectively and efficiently.
For more information about our privacy and data security practice, contact Kendall PC online or at (484) 414-4093. Our data protection and privacy lawyers serve companies and organizations throughout the United States and across the globe.
Data Protection and Privacy Compliance Management
Modern companies collect and handle a wealth of data related to customers, website visitors, employees, partners, and other individuals, as well as trade secrets and propriety information. Employees within organizations, such as customer service teams or IT and security personnel, also interact with various types of confidential data. Information is even shared between corporate entities and third-party vendors, and often across borders. The interconnected and international nature of many IT solutions and service providers can further complicate risk management and compliance.
Organizations have legitimate business interests in the collection, use, processing, and distribution of their customers’ personal information. With the prevalence of rapidly developing technologies, organizations have more capacities to do so than ever before. However, companies have limited capabilities to secure information from loss, theft, and attacks. Kendall PC recognizes that such information is a significant company asset of equal value and sensitivity, demanding both business capabilities and protection. As there is no single, comprehensive law regulating privacy and the collection, use, processing, disclosure, and security of personal information, companies must navigate through a patchwork system of laws and regulations, common law principles, and government and industry-developed guidelines. Compliance requirements vary widely and can be imposed by laws, regulatory bodies, and even private industry groups. Recent data security breaches have led to intensified scrutiny of business privacy and cybersecurity practices. Managing privacy risks and navigating privacy and data security laws are fundamental components to your company’s operational and compliance activities.
Kendall PC advises companies and organizations on their legal obligations regarding permissible use, access, sharing, storage and disposal of personal data. Kendall PC privacy and data security litigation attorneys monitor and advise clients on the dynamic legal and regulatory landscape in state and federal data privacy laws as well as specific statutory and regulatory requirements applicable to specific business sectors and industries. Additionally, we routinely conduct data protection and privacy risk assessments and internal compliance audits.
Data Protection and Privacy Program Development
In the complex and evolving environment of privacy and data security regulation, entities and organizations must develop a data privacy governance process or compliance program as a fundamental component of their corporate risk management strategy. Kendall PC understands that there is no one-size-fits-all template for privacy programs and that specific configurations depend upon the organization’s unique needs and requirements. Our team of experienced attorneys and advisors provides exceptional privacy compliance program services to meet state, federal, and international regulatory demands. We work with invested stakeholders to build privacy and data governance programs that are responsive to an organization’s industry and business; data and the types of projects or tasks the organization conducts; and its geographic footprint. Kendall PC data protection and privacy lawyers assist clients in a variety of privacy compliance program functions including:
- Developing a privacy framework, including advising on data mapping
- Analyzing legal requirements and developing fit-for-purpose data protection and privacy plan measures
- Developing privacy policies, processes, and internal controls
- Developing data subject request response processes
- Dealing with day-to-day operational issues that implicate data protection and privacy concerns
Health and Medical Information Privacy and Security Data Compliance
Because health information is particularly sensitive, covered entities and their business associates must ensure that their privacy and data security practices and systems proactively safeguard and permissibly utilize such information. We understand that healthcare data privacy and security standards extend beyond healthcare professionals, health plans, healthcare clearinghouses, and their business associates to include other sectors such as pharmaceutical and medical device manufacturers, medical mobile app developers, and other healthcare IT entities, pharmacies, laboratories, academic research and medical centers, and universities. Kendall PC counsels these organizations in compliance matters related to the security of protected health information and medical information including issues under the Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH) Act, state medical privacy laws, FTC standards, and related regulations.
Our HIPAA and healthcare compliance services include the following:
- Developing and implementing fit-for-purpose HIPAA compliance programs, including HIPAA policies and procedures
- Preparing HIPAA risk assessments
- Drafting internal and external-facing privacy notices
- Drafting and negotiating business associate agreements
- Performing employee and workforce member training on HIPAA requirements
- Conducting HIPAA compliance audits
- Counseling on HIPAA breach and security incident response and remediation plans and responses
Outsourced Privacy Officer Services
Our outsourced privacy officer services provide skilled professional leadership to head an organization’s data governance activity and create a defined vision for its data governance programs and systems.
With our outsourced privacy officer solution, Kendall PC offers short or long-term data protection officer assistance. Our attorneys are equipped to help a variety of companies across different industries. We can help you build effective privacy compliance controls that mitigate risks and protect your company’s best interests.
Privacy and Data Protection Training
Training is a key privacy and data protection safeguard and is specifically required by certain laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Kendall PC can tailor and implement privacy and data protection training programs for your business so that, at a minimum, company agents are aware of applicable privacy laws and policies; able to recognize potential violations; understand how to address privacy complaints and misconduct; and know the consequences for violating privacy laws and policies. In addition to privacy and data protection training programs, our team also assists in developing and implementing practices to reinforce privacy compliance awareness throughout the organization.
“Privacy by Design” in Product and Technology Development
Kendall PC data protection and privacy attorneys assist companies and other entities in forging and incorporating “privacy by design” principles concurrently with the design and development of new products, technologies, services, and systems and throughout the product lifecycle. We understand the importance of promoting consumer privacy and security protections in every stage of product and program development to enhance both the protection of underlying data and minimize future legal and regulatory privacy risks.
Transactional Issues Support
In today’s environment, nearly every organization engages in many forms of transactions that involve the disclosure, processing, collection, and use of critical business information and personal data. Kendall PC understands the legal, regulatory, and industry environments that inform these transactions. Our team of data protection and privacy attorneys advise clients on a wide variety of transactional privacy matters involving the disclosure, access, collection, storage, and use of personal data.
We routinely provide counsel on:
- Drafting, reviewing, and negotiating commercial contracts and data protection and data processing agreements
- Advising on third-party vendor management and transaction matters involving the disclosure, access, collection, storage, and use of personal data
- Counseling on website privacy and personal data practices
Data Breach Prevention and Remediation
Despite an organization’s best efforts, data breaches can still occur. While data breaches can affect any business, the risk of a breach can be reduced with effective policies, training, and safeguards designed to address your company’s unique circumstances and needs. The data protection and privacy attorneys at Kendall PC can evaluate your obligations and assist in the development of necessary and proactive procedures to protect your data’s integrity, accessibility, and confidentiality. We can also help your organization implement a strategic response plan to identify, assess, and respond to data breaches and security incidents.
Our firm can work closely with your business to respond to a variety of concerns, such as:
- Network intrusions
- Ransomware attacks
- Improper system access
- State and federal breach notification requirements
We understand the complexities involved in these difficult cases. We are committed to helping our clients properly respond to incidents when they occur and work on the front end to reduce the risk of problems arising in the first place.
Data Security and Privacy Litigation and Investigation Defense
Kendall PC lawyers know the cybersecurity and privacy risks that businesses face every day. Threats of cyberattacks, data or intellectual property theft, lost or stolen laptops, and the mistaken releases of customers’ personal information can all damage your business’s hard-earned reputation. Every modern company, from family-owned businesses to Fortune 500 corporations, faces increasing data security and privacy threats. As privacy legislation providing a private right of action for data subjects is increasingly enacted and more prevalent, the risk and threats of civil lawsuits and significant penalties for non-compliance are on the rise. Therefore, it is business-crucial to understand the requirements of the various privacy laws and how to respond in the event of a privacy lawsuit or government investigation action.
The seasoned team of litigators at Kendall PC bring extensive courtroom experience on behalf of our clients. Our data security and privacy litigation attorneys provide integrated and strategic responses to government enforcement actions and class-action litigation involving privacy claims that often stem from data breaches and security incidents. In connection with this representation, Kendall PC advises clients regarding preparation for, or responses to, related internal investigations, data breach response planning and communications, interactions with law enforcement and government regulators and industry groups, and associated subpoenas, search warrants, or court orders mandating the disclosure of confidential and sensitive information. We can help you respond to requests for proprietary or confidential information while protecting your rights and preserving the integrity and continuity of your business.
Through comprehensive data-protection planning, data breach response and remediation services, and courtroom litigation experience, our firm provides the knowledge, skill, and legal solutions needed to manage the evolving complexities of privacy legislation and cyber risks in today’s national and global marketplace. With increasing focus on privacy issues and responsibility, we protect our clients’ rights, fight for their best interests, and help them meet their legal goals in an efficient and cost-effective manner.
Contact Our Data Protection and Privacy Lawyers Today
For more information about our data protection and privacy practice, contact the experienced lawyers at Kendall PC now online or at (484) 414-4093. Our distinguished firm proudly serves small, midsized, and emerging businesses throughout the United States and across the globe.