Data Compliance
 

Data Compliance

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

Definition

In data storage terminology, the phrase data compliance generally refers to the practice of ensuring that data is managed and organized in a manner that meets industry-wide regulations and rules set by the relevant jurisdictions or government.

While the definition seems simplistic, the reality of actual compliance can be difficult. There is a lot of misinformation and lack of legal guidance available. Therefore, businesses may fail to properly comply with data regulations due to lack of awareness.

Laws

Compliance has increasingly become a major concern for businesses, website operators, and organizations. There are more than 8,500 state and federal regulations that address records management in the United States. Therefore, businesses have a difficult time deciphering what standards and compliance may be required when offering goods or services online. Additionally, different countries and jurisdictions often have contrasting standards for data compliance. It can be confusing for Internet businesses and website operators to recognize which standards they must meet.

Implementing Procedures

Companies benefit from audits of business procedures, intellectual property (IP) assets, security measures, and data system processes. Based on our experience with intellectual property laws and compliance, we develop procedures to address data compliance requirements. We also draft legal agreements that assist with dissemination or collection of personal information (personally identifiable information).

Methods of Limiting Liability

Legal compliance for security and protection of privacy are real concerns today as use of Cloud systems grown in popularity. The use of smart devices and the growing Internet of Things (IoT) have made company databases more vulnerable than ever. Therefore, we help businesses develop data compliance best practices to limit liability should a breach occur. Some of the methods of legal compliance as well as limiting liability include, for example:

  • Privacy Policies

  • Terms of Use

  • Indemnification Agreements and Indemnity Clauses

  • Website Agreements specific to your online business activities

  • Non-Disclosure Agreements with Third Parties

  • Customer and/or Reseller Agreements

Although businesses can have data compliance in order, issues can still arise causing disputes. Having procedures in place as well as measures to help limit liability will aid in disputes and making litigation for effective an efficient.

Litigation

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 compliance issues, see our Legal Insights and Industry Solutions pages.