Privacy and data security compliance is a minefield, requiring businesses to navigate a rapidly changing, overlapping, and sometimes conflicting array of obligations. We regularly help clients navigate this landscape, providing guidance on regulatory compliance and risk management. We have helped clients in a wide variety of industries, including health care, financial services, retail, and manufacturing. The advice we offer is practical, efficient and provides well-rounded and cost-effective solutions.

We work closely with clients on the front end to help prevent data breaches.  We have extensive experience helping clients structure contracts with vendors and customers to help prevent compromise of data and systems and ensure third-party compliance with privacy and data security requirements.  In the event of a data incident, we work closely with clients to develop the best strategy going forward and counsel and assist clients with breach notification compliance, managing litigation risks and responding to litigation if it arises.

At Pierce Atwood, we take the time to listen to our clients and understand the underlying relevant technologies. We routinely develop end user license agreements, privacy policies and terms and conditions specifically tailored for technologies with nuanced privacy and data security considerations such as mobile apps and websites.

Privacy and data security regulations are complex and often apply to specific types of activities and industries. We have experience counseling clients in the highly-regulated healthcare and financial industries, as well as with regard to specific activities such as marketing and behavioral advertising. We understand the pressures businesses are currently facing and are committed to providing sound legal advice that is both comprehensive and practical.

We also routinely counsel clients on privacy and data issues that arise in the employment context. Maintaining the privacy and security of sensitive information in the workplace has never been more difficult. With the proliferation of smartphones, most employees have the ability to bring cameras and video recordings into the workplace, and disclosure of confidential information is now a click away. We regularly work with clients to develop employee agreements, policies and procedures to help prevent the disclosure or misuse of proprietary and personal information. We also assist employers with a myriad of other employment related privacy issues, including HIPAA privacy and security policies, employee background checks, drug testing, medical examinations, and workplace monitoring.  We understand the pressures businesses are currently facing and are committed to providing sound legal advice that is both comprehensive and practical.

Representative Experience

We served as lead counsel for a top-ten North American bank in connection with acquisitions of mission critical information systems involving the exchange of highly regulated personal information.

Building a Bank's Critical Information Systems

We are assisting a computer forensics firm in a complicated and lengthy electronic data recovery effort. The client comments that they have never encountered a legal team with as much knowledge about electronic data retrieval and processing that is also organized, friendly and easy to work with.

Computer Forensics Firm Electronic Data Recovery

We're helping companies of all sizes to navigate the privacy and data security issues that arise in connection with big data and partnering with data brokers. We counseled a large distributor regarding its privacy policy and practices.

Privacy Compliance for Large Distributor

We advised a major national insurer regarding the privacy law implications of its big data marketing initiatives.

Privacy Law Implications of Marketing with Big Data