Privacy Advisory

Our team has extensive experience handling the full scope of complex privacy and security issues.  From a data privacy perspective, we advise clients on the development of comprehensive privacy and data protection programs, data sharing and international mobilization of data, complex transactions involving monetization and licensing of data, as well as with conducting gap assessments to align with international privacy standards, responding to regulatory investigations and inquiries, and defending companies in court and before government agencies in enforcement actions. 

This counseling spans the gamut of US and non-US privacy laws, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), the Health Insurance Portability and Accountability Act, the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, state privacy and data breach laws, FTC and state law enforcement issues, as well as emerging laws and regulations around the world.

Incident Response and Preparedness

In the context of incident response and preparedness, we have a world class incident response practice that has helped clients navigate major security incidents and data breaches, including ransomware attacks, O365 mailbox intrusions, malware, credential harvesting, insider threats, and inadvertent disclosure. We leverage that experience to help companies identify and remediate gaps in their readiness and to train companies how to respond to breaches effectively. Should an incident occur, BCLP’s 24-hour data breach hotline connects clients directly with experienced attorneys who will guide companies through all aspects of breach response, from investigation and notification to regulatory investigation or litigation. Our experience and practical approach to data breach response uniquely equip us to assist organizations by understanding both the law and the business implications of data breaches. We help clients get ahead of incident response issues by a providing range of offerings, including bespoke “drill” exercises with c-suite executives, analysis of insurance coverage, contractual analysis to identify business partners and customers who require notification of a breach, and evaluation and engagement of third party providers under privilege (forensics, PR, call centers).

We are continually working to understand new privacy and security issues and to partner with our clients to shape practical, risk-based solutions that can be adapted over time to ever-changing technologies, business priorities and laws.