Data Privacy & Security

Data privacy and security is a special challenge because of the people involved: the people who have permitted you to collect, store, and use their data, the people in your company responsible for protecting data, as well as those who wish to compromise your systems to illegally access that data.

MWH Data Privacy & Security attorneys love a challenge. Special Counsel Kerry Childe, who has practiced privacy law for her entire legal career, understands that clients are looking for sensible advice and practical, actionable solutions to their challenges, not a cookie-cutter approach. MWH performs thorough assessments and delivers individualized advice to each client based on the client’s risk appetite, needs, and goals.

We know our clients are looking for sensible advice and practical, actionable solutions to their challenges, not a cookie-cutter approach. ~ Kerry Childe, Special Counsel

Our goal is to make privacy and data protection awareness, policies, and processes top-of-mind to your operations and company culture.  We advise companies on compliance with various U.S. privacy laws regarding the rights and obligations of “service providers” and direct collection of personal information by various websites and apps. We assist organizations with the creation and implementation of privacy and information governance programs to comply with state, federal, and international laws, including the California Consumer Privacy Act (CCPA) and the EU General Data Protection Regulation (GDPR).  We help our clients understand and properly execute the use, ownership, and licensing of third-party software, creation of cloud computing agreements, and compliance with COPPA, FTC, and other agency rules and regulations. Our attorneys have expertise in liability for online content, including issues related to Section 230 of the Communications Decency Act. Team members have drafted security policies and contractual clauses for Schrems II, developed data processing agreements and addenda, analyzed international corporate privacy requirements, and provided work-flow analyses to develop procedures for the capture of records. We have responded to and evaluated security vulnerabilities of breaches, providing recommendations to clients on their specific legal obligations in the wake of the breaches.

Additional data privacy and security experience includes:

• Worked with a Fortune 500™ global manufacturer to create a privacy program that addresses specific U.S. issues while retaining close association with all global requirements and local site management
• Partnered with merchant and technology leadership across the organization and throughout the industry to develop approach and identify standards for Internet of Things (IoT), which comprised information security, privacy protocols, sourcing, manufacture and sales.
• Developed regular biennial rhythm to test corporate data incident response plans with U.S. and international subsidiaries, including executive leadership.
• Created a new Privacy Capability Maturity Model which uses concepts and requirements from most major privacy regimes, including the European Union, United States, Brazil, Canada, Mexico, and the Asia-Pacific Economic Cooperation (APEC).
• Implemented appropriate data protection language into contracts on behalf of multiple clients and provided guidance to governmental entities and corporations about existing laws and notice provisions to affected parties if breach occurs.
• Advised a Fortune 100® global consumer products company on revisions and updates to their corporate Policies and Procedures for use of Open-Source Software (OSS) and advised on legal issues related to the use of specific OSS programs.
• Reinvigorated a company’s flagship information protection training program following several years of declining impact, spearheading the retooling of information and records management team and program.

Midwestern Values and Our Approach to Client Service

The MWH approach to your legal needs is grounded in the Midwestern values of our client service principles:

• Treat others the way that they want to be treated
• Motivate yourself and others to exceed expectations
• Communicate frequently, with honesty and candor
• Deliver on your promises
• Focus on adding value
• Provide an honest day’s work for a fair fee

Learn more about MWH, our professionals, and our experience on our practice areas page.