Our cybersecurity and privacy attorneys provide guidance on day-to-day commercial issues to help our clients identify and mitigate unique cybersecurity and privacy risks. Our work in this area includes:
- Drafting and negotiating agreements with a strong focus on cybersecurity and privacy issues, such as IT and technology agreements, data sharing arrangements, cloud service arrangements, software-as-a-service (SAAS) agreements, service level agreements, and more;
- Evaluating risks associated with existing agreements and, where appropriate, drafting amendments to address critical issues;
- Advising on cybersecurity and privacy issues in connection with product and service development; and
- Working with clients to extend “privacy by design” principles into their vendor relationships, helping to limit unnecessary data access and transfers to reduce overall risk.
In the M&A context, we work with clients – whether acquiring or being acquired – to identify data risks associated with proposed transactions. This includes:
- Performing informed due diligence on data and security issues;
- Handling transitions of customer data;
- Drafting appropriate representations and warranties and post-closing indemnification terms; and
- Assisting with insurance matters.