Data Privacy and Cybersecurity

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In our increasingly digital world, electronic data can flow freely between people and businesses, and laws aimed at consumer data may critically impact your legal compliance. Regardless of industry — whether you’re in technology, finance or healthcare, just to a name a few — there are laws restricting how you can manage, transfer and store consumer or employee data. These regulations may be state-specific, federal or even international, making it important to keep up with this ever-evolving landscape.

That current acronym soup of regulatory laws governing data usage includes acts such as CPRA (California Privacy Rights Act), Virginia’s CDPA (Consumer Data Protection Act), GDPR (General Data Protection Regulation), HIPAA (Health Insurance Portability and Accountability Act), COPPA (Children’s Online Privacy Protection Act), GLBA (Gramm-Leach-Bliley Act) and FCRA (Fair Credit Reporting Act). But without a full federal blanket policy governing all data sets, data privacy can be very complex and difficult to understand. Our team has the knowledge and expertise of the digital data landscape to help you maintain compliance in all of your data-handling activities.

Current and Upcoming State Privacy Laws

State Law Effective Date
California California Consumer Privacy Rights Act Jan. 1, 2023
Virginia Consumer Data Protection Act Jan. 1, 2023
Colorado Colorado Privacy Act July 1, 2023
Connecticut Personal Data Privacy and Online Monitoring July 1, 2023
Utah Utah Consumer Privacy Act Dec. 31, 2023

Cybersecurity Considerations

Cybersecurity is an issue affecting nearly all businesses no matter the size or target customer, because at a minimum you likely handle and/or capture consumer information — such as through your website. Is your site properly protecting data from cybersecurity threats? If not, are you ready for the potential consequences that can come from insufficient digital security? If your company should ever experience a data breach, we’re skilled in developing response plans and complying with State breach notice requirements that address these incidents and protect your interests.

Terms & Conditions and Privacy Policies

Additionally, while user agreements (like Terms & Conditions and Privacy Policies) most often appear as afterthoughts in the footers of websites, maintaining these legally binding contracts can help you mitigate risk like consumer lawsuits and fines or other governmental actions. We can prepare new agreements or evaluate your current policies to help comply with current laws and align with your business practices. An ounce of prevention is indeed worth a pound of cure, if not more.

Our Experience

Not only is our legal team well-versed in matters of data privacy and cybersecurity, we know that businesses also must comply with court actions requiring the disclosure of confidential information amid governmental investigations. Our team helps clients promptly respond to inquiries and allows those same clients to focus on running their business. Even in matters of litigation, our team has extensive experience aimed at protecting and fighting for our clients’ rights.

There are a wide variety of factors to consider when evaluating your business’s data privacy and cybersecurity needs. Don’t go it alone – allow DarrowEverett’s team of experts to help you maintain compliance within this ever-changing landscape. Taking proactive steps to protect your business is the more effective and cost-efficient way to protect and grow your business.

Our Services

  • Terms & Conditions
  • Privacy Policies
  • State-Specific Policies
  • Intellectual Property Policies
  • GDPR Guidance & Compliance
  • Guidance on GLBA, HIPAA, COPPA, FCRA, DMCA and more
  • Third-Party Service Provider Assistance
  • Data Security Advising & Handling Data
  • Data Breach Protocol and Notice Requirements

Practice Leaders

Contact our Data Privacy and Cybersecurity group.

Please contact us to let us know how DarrowEverett can serve you.

    DE Insights

    Our team wants you to stay informed about legal and regulatory developments that impact your business.

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    On September 12, 2023, Delaware became the 13th state to adopt a consumer data privacy act, joining Florida, another state to recently adopt consumer privacy laws, and others in providing resident consumers with rights regarding their personal information. Delaware’s Personal Data Privacy Act (the “PDPA”) goes into effect on January 1, 2025, but businesses should…
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    Diversity Driven Derivative Suits: Culture Wars Come to the Boardroom

    Traditionally deployed to protect a corporation from its board’s imprudent investment or financial decision-making, in recent years shareholders have taken to bringing derivative actions on a corporation’s behalf for its board’s alleged failure to pay more than lip service to the diversity, equity and inclusion (“DEI”) commitments the company publicly proclaims. Spurred in 2020 in…
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    Court Rulings Demonstrate That Privilege Is Not Always a Right

    Earlier this year, following oral argument and 16 amicus submissions, the Supreme Court dismissed as improvidently granted (“DIG”)[1] a writ of certiorari on the issue of whether communications involving both legal and non-legal advice are protected by the attorney-client privilege.[2] This red-hot issue was granted review following the decision styled In Re Grand Jury, in…
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