ARTIFICIAL INTELLIGENCE, DATA PRIVACY, AND DATA SECURITY

Every business is a technology business and has important information about its operations, vendors, customers, employees, and other third parties. Failure to safeguard this information from unauthorized access, use, or disclosure, or from loss or destruction, can quickly cause both financial, legal, and/or reputational harm.

We work proactively with our IT colleagues to help our clients develop comprehensive artificial intelligence, privacy, and security policies. These policies are then used to establish internal compliance procedures and controls that help ensure compliance with:

  • applicable laws (including the Virginia Consumer Data Protection Act (VCDPA), Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), the Computer Fraud and Abuse Act (CFAA), and many other laws and obligations),
  • industry-specific rules (including HITRUST and PCI-DSS), and 
  • contractual obligations (including data processing agreements or addendums). 

We also help clients create policies that pair with their internal controls and measures, including bring your own device (BYOD), privacy impact assessment (PIA), data transfer / exportation, consent management, data life cycle, incident response policies, AI usage, and vendor-management procedures. 

With respect to vendor management, we assist our clients in vetting their prospective vendors because it is critical in understanding (a) what data do your business’ vendors truly need to get the specified job done; and (b) whether such vendor has employed appropriate safeguards to protect that data.

We also work reactively with our clients when their internal plans fail and they suffer from a breach of their security safeguards, whether the incident involves a malicious employee, a threat actor, or a fraudulently misdirected invoice. We work to contain, eradicate, and recover from the incident, as well as assist your business post-incident to establish new safeguards to make it less likely for the incident to reoccur.

Virtual Privacy Officer Services

Lastly, on a consulting basis, we offer virtual, external privacy officer services, where our privacy officer supports: (a) data lifecycle planning, (b) the development of consent and data flow charts, along with A.I. and other privacy-related policies, and (c) the creation of policies and procedures for privacy impact assessments (PIAs), data protection assessments, transfer impact assessments.

Areas of Concentration

  • Data Privacy Law
  • Data Breach Response
  • Cyber Security Law
  • Information Technology (IT) Law
  • Technology Transactions
  • Cross Border United States/Canada Business Law

Want to find out more? Schedule a call with a Davis, Burch & Abrams professional today.