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Practices

Technology, Data Privacy & Data Security

As businesses’ dependence on technology increases, so do their responsibilities. Protecting customer and employee data is the responsibility of every business – large and small.  Data privacy and security is governed by an increasingly complex web of laws.  Council Baradel’s attorneys are prepared to assist your business with:

Compliance.  Our attorneys are well versed in managing compliance with the privacy laws applicable to various businesses and industries, such as:

  • The Health Insurance Portability and Accountability Act (HIPAA)
  • The Gramm-Leach-Bliley Act (GLBA)
  • The Electronic Communications Privacy Act (ECPA)
  • The Federal Trade Commission Act (FTC)
  • The Fair Credit Reporting Act (FCRA)
  • The Children’s Online Privacy Protection Act (COPPA)
  • The Telephone Consumer Protection Act (TCPA)
  • The Telemarketing Sales Rule (TSR)
  • The Fair and Accurate Credit Transactions Act (FACTA)
  • EU Data Protection Directive

Vendor Contracts.  Businesses often use outside vendors that have access to private employee and customer information.  Many companies don’t realize that sloppy privacy practices by vendors can put your business at risk.  We can prepare agreements between your business and its vendors to require data privacy competency and compliance and to allocate the risks and responsibilities in the event that a data breach occurs. 

Cyber Liability Insurance (CLI).  Cyber liability insurance can be an excellent way to protect your business.  Council Baradel attorneys can guide you through the CLI application process and review proposed policies with you to help you assess the risks and determine whether your business is getting  adequate protection against data breach damages and related costs (i.e. forensics, notice, PR, etc.). 

Investigations, Enforcement Actions and Litigation.  Our attorneys represent businesses that are being investigated by compliance agencies, facing enforcement actions, and which are involved in litigation arising out of data privacy practices. 

Technology.  Council Baradel provides guidance regarding other issues arising from technology use, such as: Bring Your Own Device (BYOD), e-commerce, licensing agreements, web site terms of use, social media policies and practices, and other areas where technology impacts your business. We also advise individuals and entities who have become victims of cyber-stalking, defamation, and related online legal problems.