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 18, 2018
State AGs Coalition of AGs Asks Social Security Administration to Establish Database of SSNs to Combat ID Theft • Forty-three state AGs sent a letter to acting Social Security Administration (SSA) Commissioner Nancy Berryhill urging the...
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Data Privacy Monitor
Wearables in The Arena: The Shifting Legal Landscape Governing Fitness Trackers in Professional Sports
By Robyn M. Feldstein, Ronald B. Gaither, Elizabeth G. McCurrach, Melinda L. McLellan
December 17, 2018
The use of wearable technology (colloquially known as “wearables”) has been on the radar of athletes, sponsors, sports teams and leagues for years, with the various constituencies carefully balancing the necessity for player privacy with...
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Data Privacy Monitor
New Guidance on GDPR Data Processing Contracts Published by the UK ICO
By David M. Brown
December 14, 2018
The U.K. Information Commissioner’s Office (ICO) recently published guidance on contracts between controllers and processors. This new guidance provides a more in-depth and detailed discussion of the key issues than did a previously...
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Data Privacy Monitor
Controversial Australian Encryption Act Denounced by Privacy and Cryptography Advocates
By Brian P. Bartish
December 13, 2018
Last week, Australia’s parliament passed a controversial act that will enable law enforcement and intelligence agencies to compel access to encrypted communications. In an explanatory memorandum, the Australian Parliament stated that the...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
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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