Privacy, Data Security, and E-Commerce

Lerman Senter helps clients respond to the heightened focus by local, state, federal, and international lawmakers on privacy and data security issues, and advises clients about the impact of privacy and data security laws and regulations on their online and offline business operations, advertising, and marketing.

Lerman Senter attorneys provide a broad variety of privacy and data security-related services, including:

Privacy and Data Security

  • Developing privacy policies regarding the collection, use, disclosure, storage, and disposal of personally identifiable information in compliance with state, federal, and international laws and regulations.
  • Developing online terms of use agreements, user content submission agreements, licenses for sharing personally identifiable information with third parties, and publicity and liability releases.
  • Assisting with website, mobile app, and Internet of Things components including terms of use, placement of requisite privacy policy links and disclaimers, and implementation of age screening and blocking mechanisms pursuant to the Children’s Online Privacy Protection Act (COPPA).
  • Counseling on security breaches, state notification law procedures, and corrective actions, as well as counseling and development of written information security policies.
  • Advising on compliance and enforcement issues related to the Communications Assistance for Law Enforcement Act (CALEA), Customer Proprietary Network Information (CPNI), and telecommunications and broadband privacy statutes and regulations.
  • Counseling on compliance with the Electronic Communications Privacy Act (ECPA) and Foreign Intelligence Surveillance Act (FISA), and advising clients in responding to subpoenas, warrants, national security letters, and other government requests.
  • Advising on rulemaking proceedings related to federal and state security and data regulations, including meeting with governmental agency heads and staff, writing comments, and working with industry, public interest, and civil rights organizations.

Internet and Telephone Advertising/Marketing

  • Negotiating contracts for service providers to support electronic and mobile marketing, contests and sweepstakes management, prize fulfillment, promotional and advertising efforts, and website content such as chat rooms, blogs, special features, music sampling, streaming, and network ad servers.
  • Advising on email marketing issues under the federal CAN-SPAM Act and various state and international laws that govern email and other electronic communications.
  • Advising on federal telemarketing laws such as the Telephone Consumer Protection Act (TCPA), as amended by the Junk Fax Prevention Act, and the FTC’s Telemarketing Sales Rule, and various state and international laws.
  • Counseling on telemarketing compliance with internet taxation, e-commerce/mobile payments, and Payment Card Industry Data Security Standards (PCI DSS).

Representative Matters

  • Assisted new Internet start-up marketing company with launch of online service, and drafted licensing agreements, public-facing documents and notices, and information security policy.
  • Counseled clients involved in mergers and acquisitions regarding privacy and data security issues.
  • Conducted audits of websites and mobile apps for privacy and data security legal compliance.
  • Counseled client in state consumer agency inquiry regarding alleged telemarketing violations, and assisted in response that resulted in no fines or forfeitures.
  • Counseled clients on security breaches and data security investigations that have involved the U.S. Department of Justice, the U.S. Department of Treasury, and U.S. Department of Homeland Security, interfaced with federal and state agencies throughout the investigations, and directed the security breach notification process to affected consumers.
  • Assisted trade association with development of CALEA implementation process for its members.

We welcome you to contact us for more information about our privacy, data security, and e-commerce practice.

Primary Attorney:  S. Jenell Trigg

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