Given the current age of technological innovation and digital change, Wargo French understands that protecting client data is critical. We routinely advise sophisticated national and international companies across industries regarding data privacy, compliance and risk management. Our attorneys are well-versed in privacy and data security-related legislation and regulations in the United States on both state and federal levels, as well as in the European Union (GDPR). We counsel clients on compliance issues raised by the collection, aggregation and use of personally identifiable information and other data from consumers, customers and other data sources, and assist clients in developing effective, widespread strategies for addressing cybersecurity, data, and privacy matters.
Wargo French attorneys have broad-based experience successfully handling a wide variety of privacy issues that arise in vendor contracts, which include:
- Advising clients regarding customer relationships, including, without limitation, issues relating to data privacy and security (including issues relating to the collection, management and use of personally identifiable information), network connectivity, and service level and outage liability (including addressing impacts on customers and negotiating refunds and credits to customers).
- Advising clients across industries on all aspects of data- and privacy-related transactions, including issues relating to the sale, purchase and licensing of data and the protection, collection, management and use of user and customer data (including personally identifiable information).
- Preparing, reviewing and negotiating vendor and partner contracts and data processing agreements governing the use, access, disclosure and storage of data (including personally identifiable information).
- Preparing, reviewing and negotiating data-sharing agreements involving behavioral advertising and geotargeting, programmatic buying, cross-device tracking, IoT implementations, analytics through artificial intelligence, and other emerging communications and business practices.
- Advising clients on transactional matters regarding website and mobile application development and hosting, and counseling clients regarding privacy issues and best practices in preparing terms and conditions and privacy policies for websites and mobile applications.
- Advising clients with respect to a broad range of privacy and security issues, including compliance with existing and emerging privacy regimes (including the CCPA), other state-specific pre-breach security requirements, and GDPR.
- Advising clients affected by data security breaches on complying with U.S. state law and regulatory breach notification requirements and managing the data breach response process.