Privacy and Data Protection – Information Technology

Overview

We focus our work for the IT industry on technology transactions, in addition to our usual comprehensive range of privacy and data protection services. We handle vendor contracts, mergers and acquisitions, and agreements involving the ownership, usage, transfer, and sharing of data, as well as a significant number of cloud computing deals for enterprise purchasers and cloud service providers. Our clients include: Web, software, and app developers; social game publishers; companies involved in the cloud, SaaS, platform usage, data analytics, network security solutions, advertising technologies and payment processing: and companies involved in Website, mobile app, and video game development.

Select Experience

  • Conducting due diligence and negotiating more than 150 cloud computing transactions on behalf of both cloud service providers and enterprise purchasers, including Software as Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).
  • Developing contract programs for technology service providers, including their master services agreement as well as a framework for negotiating revisions with their customers.
  • Providing guidelines to clients in assessing cloud computing risks, including indemnification and limits of liability.
  • Developing and assessing Service Level Agreements (SLAs) in various settings, addressing issues such as business interruption and customer service.
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Experience

  • Conducting due diligence and negotiating more than 150 cloud computing transactions on behalf of both cloud service providers and enterprise purchasers, including Software as Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).
  • Developing contract programs for technology service providers, including their master services agreement as well as a framework for negotiating revisions with their customers.
  • Providing guidelines to clients in assessing cloud computing risks, including indemnification and limits of liability.
  • Developing and assessing Service Level Agreements (SLAs) in various settings, addressing issues such as business interruption and customer service.
  • Facilitating the development and implementation of best practices to protect clients’ interests when purchasing and using cloud computing services.
  • Analyzing internal information governance requirements to mitigate cloud computing risks.
  • Developing internal and public-facing policies for responding to government access requests (pursuant to the Electronic Communication Privacy Act and other applicable laws) and addressing consumer privacy concerns in connection with the same.
  • Assessing and advising on international data transfers in the cloud and beyond under the European Data Protection Directive and other non-U.S. laws.
  • Advising technology service organizations on the development of predictive analytics technologies to provide fraud prevention and detection and digital marketing services consistent with applicable laws, FTC guidance, and best practices.
  • Advising traditional brick-and-mortar companies on the development of big data services in the business-to-consumer and business-to-business context based on the aggregation of consumer data.

Recognition

  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2018)
    • Chambers USA Privacy and Data Security- Healthcare Spotlight Table (2018)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.

Publications

Key Contacts

Blog

In The Blogs

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Data Privacy Monitor
The Weekly Privacy Rewind
December 10, 2018
California Consumer Protection Act Privacy Groups Urge California Lawmakers Not to Weaken California Consumer Privacy Act • A variety of privacy groups, including the Electronic Frontier Foundation, the Digital Privacy Alliance and the...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
December 5, 2018
GDPR European Regulators Fine Uber Over 2016 Data Breach • British and Dutch privacy regulators issued fines totaling approximately $1.2 million against ride-hailing company Uber over its 2016 data breach. • According to the U.K.’s...
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Data Privacy Monitor
HHS OIG Launches Cybersecurity Webpage to Raise Awareness and Boost Cybersecurity Best Practices
By Alexandra Royal, Lynn Sessions
December 5, 2018
Healthcare data can be up to 10 times more valuable to cyber criminals than credit card numbers, according to a report from the Department of Health & Human Services’ (HHS) Office of the Inspector General (OIG). And, with...
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Data Privacy Monitor
Cookies and Consent Under the EU GDPR
By David M. Brown
November 29, 2018
According to a recent story published by The Register, the U.K. data privacy watchdog, the Information Commissioner’s Office (ICO) has issued a warning to the U.S.-based newspaper The Washington Post (WaPo) about obtaining consent under...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
November 26, 2018
Class Actions Pennsylvania Supreme Court Declares Employers Have Affirmative Duty to Protect Employee Personal Information • According to a recent opinion by the Pennsylvania Supreme Court, “an employer has a legal duty to exercise...
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