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We counsel businesses and individuals in the rapidly emerging areas of privacy and data security.

Our attorneys can bring or defend claims when sensitive private images, recordings or other information are revealed by others. Social media, apps and other user‑friendly services have made it extremely easy to share such materials, and also much more difficult to remove them.

We are also ready to assist with the creation or review of formal policies, practices and other safeguards to help protect business and private information from unauthorized access or misuse, such as phishing, spoofing, ransomware, hacking and other practices designed to gain unauthorized, and often secret access to your electronic systems, databases and other private sensitive information. We can help your business comply with specific federal laws (e.g. children’s privacy), as well as the creation of appropriate policies for regulated industries where highly specific practices and compliance are required when working with sensitive personally identifiable private information.

All businesses should be actively planning to minimize the potentially devastating damages from a data breach. Our attorneys can help you proactively anticipate and develop responses and backup plans to restore normal operations as quickly as possible in the event of a breach.

Experience

Our areas of experience include:

  • Cross-Border Data Flow Requirements, including Safe Harbor Certification
  • Cybersecurity and Privacy Contract Development and Negotiation
  • Data Protection, Privacy and Cybersecurity Audits, Compliance Risk Assessment and Remediation
  • Data Protection Program Development, including Supporting Consumer Engagement Activities such as Marketing and Advertising
  • Data Security, Privacy and Technology Regulatory Response and Litigation
  • Development of Cybersecurity, Data Protection, Privacy Policies and Procedures
  • Leveraging Personal Information for Advertising and Marketing
  • Management of Employee Information 
  • Mobile Device Privacy Issues
  • Privacy Policies for Organizations and their Websites
  • Restrictions on Collection and Use of Consumer Information
  • Strategic Regulatory Compliance Advice
  • Technology and M&A Transactions
  • Vendor Management Program Development and Implementation
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    Best & Flanagan has an enduring commitment to the communities in which we live and practice. We recognize that we have to be purposeful to achieve real and lasting change. To that end, the firm has made a gift to the Lake Street Council’s “We Love Lake Street” fund in an effort to stand with our community members and invest in healing our city.

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