The interrelated fields of cybersecurity and data privacy are of increasing importance in all areas of business. Changes in laws, regulations, and standards are forcing system and data security to be treated as topics of organizational governance, rather than being siloed with IT. Data privacy laws are also rapidly evolving, with most states having passed or at least proposed “comprehensive” data privacy laws carrying omnibus sets of consumer rights and data privacy obligations.

Coupled with federal and state laws targeting privacy in connection with particular industries or demographics, and other state laws also relevant to data privacy, data privacy regulation has resulted an incredibly complicated set of varying definitions, thresholds and exclusions, reporting obligations, and requirements for responding to consumer requests. At the same time, the prevalence of human factors in successful attacks and the ongoing rapid growth in third party risk management have driven cybersecurity to become an issue of organizational culture, requiring appropriate employment policies.

Coupled with federal and state laws targeting privacy in connection with particular industries or demographics, and other state laws also relevant to data privacy, data privacy regulation has resulted an incredibly complicated set of varying definitions, thresholds and exclusions, reporting obligations, and requirements for responding to consumer requests. At the same time, the prevalence of human factors in successful attacks and the ongoing rapid growth in third party risk management have driven cybersecurity to become an issue of organizational culture, requiring appropriate employment policies.

As trusted legal advisors to technology and growth enterprises worldwide, Munck Wilson Mandala attorneys provide high-level strategic advice to assist with cybersecurity and data privacy issues around the globe. Our cross-disciplinary team of professionals have both experience and technical and legal expertise in perimeter/endpoint/identity security administration, with the collection, storage and use of confidential data, and in drafting, updating, and enforcing appropriate policies and contractual terms. Our team helps clients navigate the complex and ever-changing set of governing laws, regulations and industry standards. Our data privacy experts are the first to dive into new comprehensive data privacy legislation on a state, federal, and international level including our local Texas Data Privacy and Security Act (TDPSA), analyzed through the lens of hands-on experience helping clients implement the trailblazing California Consumer Privacy Act (CCPA) and its sister law California Privacy Rights Act (CPRA) since the day each law passed.

Munck Wilson Mandala’s cybersecurity and data privacy team advises companies of all sizes – from startups to Fortune 50 corporations – on matters arising from data collection, cybersecurity risk assessment and risk transfer, on premises and cloud computing data storage and access control, permissible data use, and data retention and deletion practices. Our comprehensive scope of practice includes helping clients plan for and conduct incident response, manage government investigations and enforcement actions, analyze the implications of either enterprise or third party breaches, and conduct or respond to third party risk management audits. Our team’s litigators represent clients in complex, multi-jurisdictional data and privacy disputes and class action litigation.

We help our clients determine and implement their most effective enterprise policies and compliance programs, ranging from access controls, data protection impact evaluations, privacy policies and cookie compliance, and handling of consumer rights issues.

We regularly advise clients on data transfer impact, the use of contractual clauses, due diligence, and regulatory reporting. We also assist clients in reconciling the demands of multi-jurisdictional data protection laws with conflicting legal obligations.

With a strong understanding of business growth, evolving trends, and legal and regulatory changes facing technology and customer service companies, our team is skilled at addressing unique issues that arise when privacy matters intersect with innovation and data.

Munck Wilson was established 25 years ago and focuses its services on high-tech company, innovator, investor and entrepreneur needs. Munck Wilson represents clients in matters involving patents, trade secrets, trademarks, copyrights, rights to name, image and likeness, or NIL, and other intellectual property disputes, as well as high-stakes and complex commercial litigation.

Law360 Pulse Sep. 26, 2022

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