Data Security

Hinch Newman counsels its clients on the importance of treating consumers’ information properly.  The firm provides insight and advice regarding the privacy risks that may arise and suggests ways for web-based businesses to collect and robustly safeguard personal data in a way that is fair and promotes greater trust and relationships with consumers.  Failing to take privacy and data security into proper account can lead to negative press, government investigations, fines, security breaches, consumer complaints, and costly litigation. Reassuring customers that your Internet business maintains a culture of compliance – that it takes privacy and data protection seriously – goes a long way towards gaining a competitive advantage in todays’ online marketplace.

There are inherent risks when gathering information from end-users.  This is particularly true with regard to using “cookies” to track online activity, IP addresses to target content at a particular individual, and “sensitive information,” such as financial account numbers, Social Security numbers, and medical records.  Further, if you collect information from children who visit your website, you should consult with the Internet attorneys at Hinch Newman immediately so that we can advise you on the Federal Trade Commission’s Children’s Online Privacy Protection Act, as well as the “do’s and dont’s” with regard to current laws pertaining to sensitive information.

Hinch Newman will assist you and your web-based business to assess whether your Privacy Policy and data security procedures meet existing and proposed FTC guidelines and/or European Union directives. If you are concerned about which European law applies, the firm can design and implement Privacy Policies and data security procedures in such a way that they will be valid worldwide.  We can also help you assess whether your current Privacy Policy and data security measures provide adequate transparency and control for consumers to “opt-out” of behavioral advertising.

Our counsel will aid you to better understand the modernization and current status of the full range of domestic and foreign online privacy and data protection regulation issues that may come into play when driving online offers or advertisements, including mobile marketing, targeted marketing, CAN-SPAM, the Children’s Online Privacy Act, European Union Data Directives, social networking, and Software as a Service (SaaS), sometimes known as “cloud computing.”  Recent privacy and data security concerns have also arisen in the context of location-based marketing strategies like “geo-tagging.”  Initial privacy concerns over the ability for others to check the location of an individual without their consent is cause for some concern and should be clearly understood by those in the Internet marketing business.  The firm is also a vital asset when negotiating privacy provisions in contractual and licensing agreements, and establishing procedures to prevent and respond to a breach of data security.

You need an experienced Internet privacy and data security attorney who can assist with specific online marketing and eCommerce measures to protect and manage sensitive information.  If the information falls into the wrong hands, it can lead to fraud or identity theft.  The cost of a security breach can be measured in the loss of your customers’ trust, which makes safeguarding personal information just plain good business.

Contact us via telephone or our Free Online Case Submission Form so that we can draft Terms and Conditions and a Privacy Policy that suit your particular business model.  If you would also like to discuss the positive role that well-implemented data security procedures should have in your business, please let us know.