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Privacy Law

In a world increasingly interconnected by technology and data-driven processes, the need for robust privacy safeguards has never been more critical. Carney Badley Spellman stands at the forefront of this dynamic landscape, offering a wealth of experience and insight to individuals, businesses, and organizations seeking to understand, comply with, and leverage privacy laws to safeguard sensitive information.

We understand the nuances of privacy law and how it intersects with contractual obligations. From drafting clear and enforceable privacy clauses to conducting thorough reviews of existing agreements, our team ensures that your contracts not only meet legal requirements but also serve as robust tools for protecting your privacy interests. We regularly assist with several contract types:

  • Privacy Programs and Compliance
  • Privacy Policies and Privacy Statements
  • Data Processing Agreements and Data Transfer Agreements
  • Standard Contractual Clauses
  • Confidentiality Agreements and Non-Disclosure Agreements (NDAs)
  • Cookies
  • Fair Information Practices (FIPs)
  • Risk Management: Information Management Programs and Security Policies and Incident Response Plans
  • Data Impact Assessments/Transfer Impact Assessments
  • Privacy Provisions in Tech Transactions and M&A

Our Privacy Law team advises companies of all sizes on issues arising from the collection, use, protection, maintenance, and security of data. The Carney Privacy Law group advises clients on all U.S. federal, state, European, and other international privacy laws, including:

  • Washington States’s My Health My Data Act
  • Other U.S. State Privacy Laws, including:
    • the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
    • Colorado Privacy Act (ColoPA)
    • Virginia Consumer Data Protection Act (VCDPA)
  • European Privacy Laws, including:
    • EU’s General Data Protection Regulation (GDPR)
    • UK GDPR
    • e-Privacy Directive
    • AI Act
  • Education and Child Privacy Laws, including:
    • Children’s Online Privacy Protection Act (COPPA)
    • Family Educational Rights and Privacy Act (FERPA)
  • Healthcare Privacy Laws, including:
    • Health Insurance Portability and Accountability Act (HIPAA)
  • Financial Privacy Laws, including:
    • Fair Credit Reporting Act (FCRA)
    • Gramm-Leach-Bliley Act (GLBA)
  • Telecommunications and Marketing Privacy Laws, including:
    • Telephone Consumer Privacy Act (TCPA)
    • Electronic Communication Privacy Act (ECPA)
    • CAN-SPAM Rule

Advertising and E-Commerce Privacy Laws, including:

    • Federal Trade Commission enforcement and compliance
    • Interactive Advertising Bureau (IAB)
  • Information Security and Cybersecurity Frameworks
    • ISO 27001, SOC2, NIST

Because our clients are from a wide array of industries, the Carney Privacy Law Group believes in a “privacy by design” approach and is committed to addressing the unique issues presented by your company and industry. Our team advises clients on privacy needs and implantation nationwide – providing insight into effective privacy programs online, offline, on mobile devices, and throughout their business.

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