Data Breaches and Hacking

As part of our Technology and Data practice, we provide data breaches and hacking services.

Concerns for Data Breaches and Data Hacks

Data breaches and hacking have become highly visible concerns due to the proliferation of the Internet and electronic data storage. Numerous new data hacks are announced each year. One would think businesses would have learned a lesson to prevent such security breaches. However, jurisdictions often fail to have comprehensive legal guidance or protection in place. Therefore, companies struggle to meet the general standards of data security and compliance for the personal information of consumers.

Consumer concerns include numerous types of information as well as various methods of breach, for example:

  • Loss of credit type information

  • Privacy in online communications

  • Heath information

  • Loss of retirement, savings

  • Safety of Internet of Things (IoT) devices and smart devices

  • Security camera or alarm system hacks

These are only a few of the type of data breaches of common concern. Therefore, businesses and individuals should take action to avoid falling victim to cybersecurity crimes.

Internet Security Laws Information Security and Privacy

Different countries and jurisdictions have varying standards for data compliance. Therefore, businesses should implement security measures and be aware of changes and variances in law and requirements in different jurisdictions. Rules and regulations are constantly being updated, so our attorneys keep informed of developments in technology law. We help companies implement security processes as well as agreements to limit liability in the event of data breaches. In addition, we provide guidance on the compliance requirements for the specific type of business and its activities.

Proactive Measures for Prevention

Businesses are often not prepared to handle digital threats. Moreover, courts are fairly new to deciding on evolving legal issues surrounding data breaches and hacking from the newest technologies. This, coupled with a general lack of understanding or awareness, often results in businesses underestimating the prevalence of data security. Businesses from conglomerates to single owner Internet businesses should take data security seriously as well as be proactive in protection. Breaches occur for numerous reasons. Some of the most common issues (listed in order of most common to least) are, for example:

  • Lack of processes for security prevention

  • Errors made in security processes

  • Employee or owner misappropriation or mismanagement

  • Physical theft

  • Spyware type installation

  • Website hacker attacks

Understanding how issues arise helps us create custom prevention programs for our clients. Some of the preventative services we offer include, for example:

  • Diligence reviews of processes

  • Legal compliance reviews

  • Drafting best practices with checks and balances

  • Create website agreements to help limit liability

  • Use of indemnification agreements with third party vendors

Companies without an in-house expert on data privacy and protection would benefit from consultation with Internet security law consultants. A company should evaluate its current business procedures when it comes to cybersecurity and data privacy. We offer diligence reviews on a quarterly or yearly basis depending on business’ needs. Without proper auditing, a company may be unwittingly granting access to internal data records or personal information gathered from its consumer base.

We also evaluate whether your current measures meet current legal standards. Our attorneys draft legal agreements and policies for legal protection in any transactions where personal information is disclosed to third parties.

Litigation

Even with the best preventive measures, data breaches can occur with changing technology and data collection and storage advances. We have litigation teams that handle prosecution as well as defense of clients in cases involving technology and data.

Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page.

Additional Insights

For more information on data breaches and hacking law issues, see our Legal Insights and Industry Solutions pages.