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Cybersecurity and Data Privacy

It is an unfortunate fact of life that businesses of all sizes are under constant cyber-attack and at risk of suffering data breaches. Indeed, an increasingly-popular maxim is that there are two kinds of businesses in the cyber world: those that know they have been breached, and those that have been breached but do not know it yet. Companies need to be prepared to reduce the risk of significant data breach and to plan for the response when a breach occurs, both to minimize the financial and reputational damage to the business and to comply with the broad range of breach notification rules that apply in different jurisdictions and industries.

In addition, the landscape of data privacy and security law continues to evolve rapidly, and it is critical for businesses to remain in compliance with the applicable privacy laws and regulations. Federal and state regulators in the U.S. have issued both specific regulations affecting particular industries, such as financial services and health care, and more general rules affecting all businesses. Regulators in Europe, Canada, Japan and elsewhere often impose significantly stricter regulation of data privacy and security applicable to businesses with employees, customers or facilities in those jurisdictions. Navigating that often inconsistent and sometimes conflicting web of rules can be daunting and requires experienced guidance.

Tannenbaum Helpern’s Data Privacy and Cybersecurity Practice helps clients proactively plan for data security breaches before they happen, respond to incidents when they do occur, and deal with the disputes and legal claims that all too often result. Tannenbaum Helpern’s interdisciplinary team of experienced attorneys helps businesses comply with applicable privacy laws and regulations, and establish e-commerce operations and websites that comply with these rules and reduce legal risk.

Representative services:

  • Develop policies and procedures to comply with applicable cybersecurity regulatory requirements and address business concerns
  • Develop breach response plans
  • Draft and negotiate vendor contracts and information use agreements to protect company and customer data
  • Work with internal and outside IT professionals to audit and improve security and data protection, and to investigate cybersecurity incidents and determine their cause and scope
  • Comply with applicable breach notification laws
  • Assist clients in addressing legal, operational and reputational risks arising from data security breaches.
  • Represent clients in post-breach investigations and litigation
  • Advise on cyber insurance policies
  • Develop data privacy policies and procedures
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