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Privacy, Data and Cybersecurity

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Katten's Privacy, Data and Cybersecurity group brings together a team of attorneys with diverse industry experience and substantial knowledge of the latest laws and practices regarding privacy and data protection. In addition, the firm is a corporate member of the International Association of Privacy Professionals (IAPP), and a number of our attorneys have various IAPP certifications for the United States, Europe and privacy program management, as well as some who have been named Fellows of Information Privacy. We understand the potential areas of risk associated with the collection, use and disclosure of customer and employee information, and we work with clients to effectively resolve or prevent potential problems. Our practice encompasses the development of privacy protection practices, privacy and security law counseling and compliance, and the application of privacy laws to data use and information sharing.

We advise clients on all aspects of compliance with local, state and federal laws governing privacy, including Gramm-Leach-Bliley, the Health Information Portability and Accountability Act (HIPAA), the Children's Online Privacy Protection Act (COPPA), the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), Federal Trade Commission (FTC) enforcement, the EU-US Privacy Shield, and the PCI Data Security Standards. We also provide counsel on compliance with international privacy and data protection laws and regulations such as the European Union General Data Protection Regulation (GDPR) and ePrivacy Directive. Our attorneys help clients stay ahead of emerging privacy issues related to the use of mobile technology and location-based information to engage with customers and employees, including compliance with terms of use relating to using data obtained from social networking sites and other third parties.

We regularly advise clients on state and federal banking and consumer protection matters, including privacy, collections, credit reporting and usury issues. A significant part of our practice involves advising clients on issues relating to regulation and enforcement by the Consumer Financial Protection Bureau (CFPB) and assisting them in responding to state and federal regulators. Katten's consumer finance and banking attorneys have a deep understanding of the laws that apply to all entities in the prepaid business, including issuing banks, processors and program managers. We work to assist entities with the movement of transaction and customer information in a way that maximizes business results while minimizing regulatory and litigation risks.

Katten attorneys have extensive experience working with companies to analyze their privacy needs and practices and in drafting appropriate privacy policies. We assist clients in crafting policies from scratch as well as modernizing existing policies based on the latest developments in privacy and security law. Katten's Privacy, Data and Cybersecurity group helps clients avoid the damaging theft of information. We help implement appropriate data protection principles and practices, including assisting in the process of vetting vendors and reviewing their practices for administrative, technology and physical security procedures. If and when there is a security breach, we have the knowledge and experience to find a path through the patchwork of laws and regulations and to work with our clients' business leadership, technology professionals and media team to implement prompt and appropriate responses. We have also represented numerous clients in analyzing, mitigating and responding to data security incidents and breaches, including serving as breach "coach," managing the incident response process, working with forensics and notification vendors, addressing consumer complaints, and responding to regulatory inquiries.

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