A Practical Guide in Drafting Data Privacy and Security Agreements: Mitigating Data Security Breach Risks
Contract provisions regarding data privacy and security have become crucial because of the recent upsurge of cybersecurity threats and breaches. These risks have underscored the need for every business to implement strong and effective data management programs to avoid further financial and reputational losses associated with cyberattacks. However, the stream of new privacy laws and the growing patchwork of jurisdictions introducing those laws have brought numerous complexities to this effort.
Along with the ever-evolving data security standards, practitioners should be sure that their client's data agreements contain adequate cyber protections and reasonable allocations of risk between those clients and their vendors.
Listen as experienced data security attorneys Kenneth Dort (Faegre Drinker Biddle & Reath LLP) and Melissa Krasnow (VLP Law Group LLP) provide a comprehensive discussion of the latest trends, developments, and critical issues surrounding data privacy and security agreements. They will, among other things, offer practical tips and strategies for drafting these provisions in light of recent developments and the current legal landscape.
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Partner Leading Lawyer in Data Security Faegre Drinker Biddle & Reath LLP
Ken Dort is a preeminent resource on mission-critical data security issues and is consulted often for immediate counsel on high-stakes data breaches, as well as for guidance and strategy on the privacy and other legal implications of new technologies. Ken is a recognized adviser to clients around the world on data security and privacy practices and compliance needs arising under federal, state, provincial and international laws and industry standards. He also is a powerful litigator in the courtroom, a deft negotiator with regulators and a valued counselor on software development and integration.
Partner at VLP Law Group LLP
Melissa Krasnow, Partner VLP Law Group LLP Melissa Krasnow is a partner at VLP Law Group LLP who advises companies in the e-commerce and internet, health care, education and manufacturing industries on responding to data breaches, incident response plans, data security programs and agreements, cyber liability insurance policy matters, website and mobile application privacy policies and terms, outsourcing and e-commerce agreements (including master services agreements, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA) and Virginia Consumer Data Protection Act (VCDPA) agreements, General Data Protection Regulation (GDPR) data processing agreements and Health Insurance Portability and Accountability Act business associate agreements), COVID-19 legal and contractual issues and privacy and data security laws, including the CCPA.
