4 Ways a Lawyer Can Help a Business With Data Privacy Law

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By Richard

Data privacy laws are becoming more important each day as businesses collect and retain personal information at an unprecedented scale. The legal landscape is constantly changing as regulators seek to protect consumers. The risks are heightened in the digital age by the storage of data on networks that can be hacked and maliciously used. Let’s consider the 4 ways attorneys can help a business with data privacy law below:

1: Drafting Internal Policies

Attorneys can help any business by drafting internal policies to ensure companies comply with all state and federal laws. By drafting policies and ensuring that they are enforced with regular audits, companies protect themselves from private liability and investigations by federal regulatory bodies.

These policies may specify how data is collected, used, sold to third parties, stored, and transferred, and the rights of anyone affected by a data breach. Only experienced attorneys can be sure what indemnification claims may be accepted by a court in the event of a lawsuit or regulatory investigation.

2: Defending Against Infringement Claims

Attorneys play a critical role in mitigating and defending against privacy protection violations. Attorneys can advise clients on how to proceed if a data breach occurs.

They can assist in holding press conferences and drafting notice letters to affected customers. If claims are filed, they can defend against damages or mitigate the losses with a settlement by highlighting the company’s diligence in preventing data breaches.

When a company does not have an attorney assisting them with data privacy laws, it is much easier for regulators and private parties to demonstrate negligence. Reasonably foreseeable negligence is sufficient to hold companies liable under personal injury law.

3: Client Agreements

Attorneys frequently help companies defend themselves against privacy law violations by drafting agreements. These agreements often require the client to agree that they are not entitled to sue the company in the event of a data breach.

The detailed nature of contracts and ensuring that they are comprehensive and free of ambiguity takes dedicated experience. Attorneys must constantly stay abreast of the regulations and laws regarding privacy to update and draft client agreements.

4: Unlimited Support and Safeguards

Attorneys provide unlimited support and can answer any question about privacy law. When companies run into obstacles or question the legal boundaries of collecting, storing, selling, or transmitting data, attorneys can advise and provide the final say.

Attorneys can also be held liable if they commit malpractice. This means that any advice given by an attorney can absolve the company of wrongdoing if the attorney is at fault. Considering the complexity of law and how they are transformed by decisions, it is unsafe to operate without an attorney to make responsible decisions.

Attorneys are also bound by their fiduciary duty to protect a company’s legal and financial interests. Fiduciary duty goes beyond the obligations of the function the attorney was hired to perform. The high ethics of attorneys and their expertise in the field of privacy law is an invaluable asset to any company.

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