Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.com
Cyber Security & Data Privacy
Cyber Security & Data Privacy Attorneys
In today’s digital age, cybersecurity and data privacy are paramount concerns for businesses. With increasing regulations and sophisticated cyber threats, having the right legal guidance is crucial. At Scarinci Hollenbeck, LLC, we provide comprehensive legal services to help our clients navigate the complex landscape of cybersecurity and data privacy. Our team of cybersecurity attorneys and data privacy attorneys are dedicated to protecting your data and ensuring compliance with relevant laws.
Key Contacts
Cyber Security & Data Privacy
Our Approach
Our cybersecurity attorneys and data privacy attorneys at Scarinci Hollenbeck, LLC bring extensive experience and deep knowledge to the table. We stay abreast of the latest developments in technology, regulations, and threats to provide our clients with the most current and effective legal advice. Our experience includes:
- Regulatory Compliance: Ensuring compliance with regulations such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other federal and state laws. Our team helps clients develop and implement compliance programs tailored to their specific needs.
- Data Breach Response: In the event of a data breach, a swift and effective response is critical. Our attorneys provide immediate assistance, guiding clients through the legal requirements of notification, investigation, and remediation to minimize damage and liability.
- Cybersecurity Policies and Procedures: Helping organizations develop robust cybersecurity policies and procedures to protect sensitive information and reduce the risk of cyber attacks. This includes drafting and reviewing policies related to data protection, incident response, and employee training.
- Litigation and Defense: Our team is skilled in representing clients in litigation and regulatory investigations related to cybersecurity and data privacy issues. We provide strong defense against claims and help mitigate potential penalties and reputational damage.
- Incident Response Planning: Proactive incident response planning is essential for minimizing the impact of a data breach. We assist clients in developing comprehensive incident response plans that outline the steps to take in the event of a cyber incident, ensuring a swift and effective response.
Who We Are
Choosing Scarinci Hollenbeck, LLC, for your cybersecurity and data privacy legal needs means partnering with a team of dedicated and knowledgeable attorneys. Here are a few reasons why our clients trust us:
- Experience: Our cybersecurity attorneys and data privacy attorneys have extensive experience in handling complex legal issues related to cybersecurity and data privacy. We have successfully guided clients through regulatory compliance, data breaches, and litigation.
- Client-Centered Approach: We understand that each client has unique needs and challenges. Our services are tailored to meet the specific requirements of each client, ensuring personalized and effective legal solutions.
- Proactive Legal Solutions: We take a proactive approach to cybersecurity and data privacy, helping clients identify and address potential risks before they become major issues. Our goal is to protect our client’s data and minimize legal exposure.
- Commitment to Excellence: At Scarinci Hollenbeck, LLC, we are committed to providing high-quality legal services. We stay up-to-date with the latest developments in the field and leverage our knowledge to deliver innovative and effective solutions for our clients.
What We Do
At Scarinci Hollenbeck, LLC, our cybersecurity and data privacy legal services are designed to safeguard your business and ensure compliance with evolving regulations. Our services include:
- Regulatory Advice: Navigating the complex web of data privacy laws and cybersecurity regulations can be challenging. Our attorneys provide guidance to help clients understand and comply with relevant laws, reducing the risk of legal exposure.
- Data Privacy Assessments: Conducting thorough data privacy assessments to identify potential vulnerabilities and ensure compliance with privacy laws. Our assessments help clients understand their data processing activities and implement necessary safeguards.
- Contract Review and Drafting: Reviewing and drafting contracts to ensure they include necessary data protection clauses. This includes vendor agreements, data processing agreements, and other contracts that involve the handling of sensitive information.
- Training and Awareness Programs: Employee training is a critical component of an effective cybersecurity strategy. We help clients develop and implement training programs to educate employees on data privacy best practices and how to recognize and respond to cyber threats.
- Data Encryption and Protection: Advising on best practices for data encryption and protection to ensure sensitive information remains secure against unauthorized access and breaches.
- Risk Management: Assisting clients in identifying and managing risks associated with their data privacy and cybersecurity practices, helping to develop risk mitigation strategies.
Staying informed about the latest trends and legal developments in cybersecurity and data privacy is essential for businesses to remain compliant and secure. Our attorneys at Scarinci Hollenbeck, LLC offer thought leadership and insights on key issues affecting the field. Here are some areas we focus on:
- Emerging Regulations: As new data privacy and cybersecurity regulations emerge, staying compliant becomes increasingly complex. We provide updates and analysis on new laws and regulations, helping clients understand their obligations and adjust their strategies accordingly.
- Advanced Cyber Threats: The landscape of cyber threats is constantly evolving, with new and sophisticated attacks emerging regularly. Our attorneys provide insights on the latest threats and how businesses can protect themselves against these risks.
- Data Protection Strategies: Implementing effective data protection strategies is crucial for safeguarding sensitive information. We offer guidance on best practices for data protection, including encryption, access controls, and data minimization.
- Cross-Border Data Transfers: Navigating the legal complexities of cross-border data transfers is a significant challenge for many businesses. We provide advice on ensuring compliance with international data transfer regulations, including GDPR and other relevant laws.
- Privacy Impact Assessments (PIAs): Conducting PIAs to evaluate the impact of projects and initiatives on data privacy, helping clients make informed decisions and maintain compliance.
Representative Matters
Our Cybersecurity & Data Privacy Practice Group has the experience to handle the most complex matters. We also play an important role in the development of public policy regarding the future regulation of cyber issues and are recognized as authorities in the field. For example, our team includes the editor-in-chief of the treatise “Intellectual Property Law in Cyberspace”, who is a leading figure in the development of cyber-privacy-related initiatives for both the Intellectual Property Owners Association and the American Intellectual Property Law Association.
Representative matters include:
- Advised clients on data privacy and data transfer restrictions affecting the review and use of customer data from various European and Asian jurisdictions in the context of civil litigations and U.S. Department of Justice investigations.
- Researched issuer obligations related to data security breaches exposing customer data under the federal securities laws and implications for consequent class action litigations.
- Prepared and negotiated agreements involving data privacy issues.
- Maintains currency with federal and state data privacy regulations and statutes.
- Assisted clients in the development and implementation of Cybersecurity and Data Privacy policies/procedures, including data breach response plans, risk assessments, providing advice on breach notification requirements under state and federal law, training programs and coordination of breach notices with client staff.
- Worked with clients to evaluate and select ‘best of breed’ technical services vendors and consultants.
- Prepared and negotiated agreements involving privacy data security, IT services and consulting contacts.
- Provided advice to clients on federal and state governmental regulations, NIST developments, compliance obligations and litigation matters.
- Defended financial industry clients during investigations involving hacking, imposters, data security threats, breaches and resolutions.
- Maintains currency with federal and state data privacy regulations and statutes.
- Provided legal services to billion-dollar computer company
- Provided legal services to prominent hotel chain
Navigating the complexities of cybersecurity and data privacy law requires a trusted and experienced legal partner. At Scarinci Hollenbeck, LLC, we are dedicated to helping our clients achieve their goals and safeguard their interests in this rapidly evolving field. With our locations in DC, Redbank, New York, and Little Falls, we are here to help you. Whether you need assistance with regulatory compliance, data breach response, or developing cybersecurity policies, our team of cybersecurity attorneys and data privacy attorneys is here to provide the right legal advice you need.
Contact Scarinci Hollenbeck, LLC today to learn more about our cybersecurity and data privacy legal services and how we can assist you in navigating this dynamic and complex area of law. Our attorneys are ready to help you leverage the potential of cybersecurity measures and data privacy practices while mitigating legal risks and ensuring compliance with regulatory requirements.
FAQ about Cyber Security & Data Privacy
Private data is a collective name for confidential information and personal and seller data. This is data on individuals that is not public information. It includes but is not limited to:
- Social Security Numbers
- Birthdates
- Contact Information
- Medical Records
Data protection restricts who can acquire data, whereas data privacy dictates parties who can access data. In most cases, users control data privacy, whereas data protection is a company’s mandate. Data privacy protects users’ information from being shared, while data protection prevents unauthorized access.
Examples of data privacy include:
- HITECH-Health Information Technology for Economic and Clinical Health
- HIPAA-Health Information Portability and Accountability Act
A data privacy lawyer specializes in laws and regulations pertaining to data transfer, data storage in computer networks, handling, and consumer protection. They offer legal advice on matters such as:
- Protocols after a data breach
- Online Privacy
- E-commerce
Privacy law protects personally identifiable information by regulating how it is stored, shared, and used.
To comply with privacy regulations, your company can take the following measures:
- Ensure everyone in your company is aware of the regulations
- Carry out a risk assessment and check your customer touchpoints
- Ensure your opt-in language is not ambiguous
- Encrypt your data transfers
- Make sure your third-party partners comply with privacy regulations
- Hire a data protection officer
A Standard Contractual Clause refers to a set of terms and conditions that a sender and receiver sign to protect their interests. The terms are contractually binding, and each party ensures their rights and freedoms are not violated. SCCs dictate the rights and responsibilities of the sender and receiver as the receiver processes the sender’s data.
To ensure your vendors prioritize privacy, you should:
- Evaluate your vendor’s data privacy practices. Your legal counsel can help assess vendors before you bring them on board. Determine their level of involvement and data access. Verify their privacy policies.
- Ensure your data security contracts protect your client. Your legal counsel can draft contracts requiring vendors to meet specific privacy standards.
- Monitor your vendors. Conduct periodic assessments to ensure compliance and reduce risks.
- Include data security and privacy negotiations in the initial contract meeting to avoid compromising terms later.
If your company has cyber insurance, you may benefit from the provider’s expertise in handling such situations. The general steps after a data breach involve:
- Containing the data breach.
- Evaluating the extent of the breach.
- Developing a response plan. If a vendor or affiliate suffers a breach, inform law enforcement and explain the situation and potential risks.
For GDPR compliance, you need to:
- Ensure all personnel are aware of the regulations.
- Conduct a personal data audit, documenting data origins and access.
- Have an updated privacy notice.
- Create systems supporting individuals’ rights to access and correct inaccuracies.
- Have a documented legal basis for handling personal data.
- Check your methods of seeking and recording consent to process personal data.
Incorporate data privacy in your IT systems by:
- Implementing comprehensive data privacy policies.
- Keeping checkboxes for consent unchecked by default.
- Making your website transparent with just-in-time notices.
- Minimizing data collection.
- Encrypting personal information.
- Allowing users to give and withdraw consent.
Not all businesses need privacy notices and policies, but it is good practice for all companies. This indicates transparency and boosts trust.
A Data Protection Officer ensures your company complies with data privacy regulations. While appointing a DPO is not mandatory, having someone in charge of data protection is essential.
Your Chief Privacy Officer should create and implement policies fostering data privacy. They can:
- Create awareness and train employees on data privacy.
- Convey your company’s privacy goals to internal and external parties.
- Manage your company’s data privacy policies and procedures.
- Evaluate potential privacy-related risks resulting from operations.
A PIA is a tool that evaluates and identifies privacy-related risks throughout a program or system development.
Cyberlaw stipulates rules of conduct in Information Technology. It regulates actions by companies, governments, and the public in cyberspace.
To set up a good cybersecurity program, follow these steps:
- Assess your security risks.
- Develop a cybersecurity framework.
- Create a cybersecurity policy.
- Have a plan to manage potential risks.
- Secure your network, applications, and data.
- Conduct security tests.
- Address problem areas.
If a security breach occurs, you must report it if it infringes on others’ rights and freedoms.
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Practice Area Attorneys
Why Choose Us?
Dedicated attorneys
At Scarinci Hollenbeck, our attorneys are forward-thinking professionals dedicated to the ongoing enhancement of their legal expertise. They stay informed of legal developments, engage in professional bar associations, contribute to legislative initiatives, and actively engage in speaking opportunities—all to provide the highest quality service possible.
Strategic Counsel
In today's dynamic economy, businesses face complex challenges. We understand that these challenges require innovative, multi-faceted solutions. Through a collaborative, cross-practice approach, our attorneys leverage a wealth of experience across various legal disciplines to devise effective strategies tailored to meet our clients’ needs.
Proven Experience
For over 35 years, Scarinci Hollenbeck has offered comprehensive legal services to businesses both locally and globally. Our attorneys draw on extensive industry knowledge, representing clients in sectors such as real estate, entertainment, technology, and energy. We take pride in the successful outcomes we consistently achieve.
Client-First Focus
Our commitment to being a client-first law firm is rooted in open communication, meticulous attention to detail, and adaptability. We work closely with clients to ensure a transparent process, earning their trust through comprehensive guidance. This steadfast commitment is why clients continue to rely on us for their most complex legal challenges.
