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, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Publications

Key Contacts

Blog

In The Blogs

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Data Privacy Monitor
BakerHostetler Comments on Draft CCPA Regulations
December 9, 2019
The California attorney general (the AG) has concluded the first round of public comments on the proposed regulations that would serve to interpret and implement California’s sweeping new privacy law, the California Consumer Privacy Act...
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Data Privacy Monitor
Record-Keeping and Training Requirements in the Proposed Regulations for the CCPA
By James A. Sherer, Nichole L. Sterling
November 26, 2019
The California Consumer Privacy Act (CCPA), California Civil Code §1798.100 and following, does not in itself outline specific training and record-keeping requirements that demonstrate business compliance with consumer requests. However...
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Data Privacy Monitor
Refine CCPA Compliance Plan with the Regulations in Mind
November 18, 2019
We previously announced the publication of the first set of proposed regulations that will implement the California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020. Partner Alan Friel has authored an article published...
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Data Privacy Monitor
Children's Privacy Law Updates: Tricks or Treats?
By Carolina A. Alonso
October 31, 2019
It’s finally here! Halloween, the day every kid dreams of for months. It’s a scary time in the world of children’s privacy law – what with the California Consumer Privacy Act (CCPA) lurking around the corner and the specter of FTC...
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Data Privacy Monitor
Summer Is Over – It's CCPA and NV Crunch Time
By Alan L. Friel
September 9, 2019
It is less than 120 days until California’s ground-shifting new privacy regimen – the California Consumer Privacy Act (CCPA) – goes into effect. There is only a week left for the Legislature to pass the handful of amendment bills that...
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