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Privacy, Data Protection and Information Management

Privacy and data protection are among the most complex, dynamic and rapidly changing areas of law.  Practically every month, a new state or national law adds another set of complicated and contradictory requirements.   K&L Gates' privacy, data protection and information management team can help you respond to these developments.

Our Comprehensive Approach
We assist our clients to develop effective solutions for protecting and managing information assets and comply with the law while containing costs and maintaining operational efficiency.  We help them:

  • develop and implement privacy and information security policies, procedures and contracts;
  • deploy new technologies;
  • develop innovative business practices;
  • improve customer understanding and confidence;
  • help avoid and mitigate regulatory enforcement actions; and
  • conduct and manage complex litigation.

Our privacy, data protection and information management practice benefits from our lawyers' experience with various technologies and methodologies.  We have developed unique compliance techniques and approaches, including an industry-leading process-oriented approach to information management issues that assists our clients in making choices about how to use those technologies to achieve legal compliance.  These techniques have been featured in testimony we were invited to provide to the National Computer Security and Privacy Advisory Board in the United States.

We also know how to assist clients in negotiating the agreements for acquiring the necessary technologies and related services to enable their implementation of effective information management systems.  That's because one of our partners literally wrote the book:  See Holly Towle and Raymond T. Nimmer, The Law of Electronic Commercial Transactions (A.S. Pratt & Sons, 2003-2007) (http://www.sheshunoff.com/store/F53.html).

We can also help businesses anticipate and shape changes to privacy and security laws and regulations.  We have one of the longest-practicing information technology policy groups and our experienced team employs considerable substantive, lobbying, regulatory, coalition building, and grassroots skills. 

Our cross-office teams are experienced in the cross-jurisdictional aspects of privacy and data protection law and have advised clients in numerous industry sectors.  We have a continuing commitment to understanding and employing our shared knowledge in privacy, data protection and information management compliance for the benefit of our clients.

Our Global Reach
K&L Gates has assisted clients with understanding the current and proposed privacy and data protection laws and self-regulatory regimes in many countries, including helping them obtain local counsel.

Our Experience (click here to visit detailed experience page)

For more detailed information about our practice, please visit the Our Experience page.

Our Knowledge of the Law

U.S.
There are an expanding number of privacy and data protection laws, regulations and associated guidance — at the federal level and in all 50 states — that significantly impact the operations of businesses and other entities.

Federal Laws and Regulation
At the federal level, the Federal Trade Commission, has acted under its general power to regulate unfair acts or deceptive practices in order to (1) ensure that a company or other entity does what it says it will do with regard to privacy and security and (2) create general de facto standards of care for an entity collecting and using personal information.

There are additional specific and detailed federal statutes governing specific types of personal data and particular sectors.

State Laws and Regulation
We provide clients in many industries with advice relating to the U.S. state laws that relate to privacy, data protection and information management.  More details about our United States practice.

Europe
Among K&L Gates' lawyers in its London office and Berlin office, are a number with expertise and experience in European data privacy and security issues.

K&L Gates has assisted clients with services relating to compliance with European privacy, data protection and information security.  More details about our Europe practice .

Asia
Among K&L Gates lawyers in our offices in Hong Kong, Taipei and Beijing, are several who have experience in and closely follow privacy and data security issues.  More details about our Asia practice .

Canada
Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA") is, in the words of the Privacy Commissioner of Canada, "not unfailingly simple and straightforward".  This new law is being phased in over the next two years and is already broadly applicable as a matter of law, prudent practice and market expectations.  More details about our Canada practice .

For more detailed information about our practice, please visit the Our Knowledge of the Law page.

Note: K&L Gates is not licensed to practice law in all jurisdictions.  Our analysis with respect to certain international legal issues is based on materials that are generally available publicly; any conclusions of law in those jurisdictions should not be relied upon without reference to local counsel.


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