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Data Protection & Cybersecurity

Robert Van Arnam Photo
rvanarnam@williamsmullen.com
EMAIL

In today’s hyperconnected world, every business is a data business. Whether you’re in healthcare, financial services, retail and ecommerce, manufacturing & infrastructure, technology, education and government your operations depend on the responsible collection, use, storage, and protection of data. From valuable intellectual property and proprietary business intelligence to sensitive employee and customer information—your data is both a powerful asset and a potential liability.

Solutions-Oriented Counsel in a Complex Legal Landscape

Our multi-disciplinary cybersecurity and data privacy team helps companies navigate the rapidly evolving regulatory landscape—including U.S. state privacy laws, federal regulations, and global frameworks—while maximizing the business value of digital assets.

Privacy Laws, Federal Regulations and Global Frameworks
  • Federal and state consumer privacy acts
  • Children’s Online Privacy Protection Act (COPPA)
  • Confidentiality of Substance Use Disorder Patient Records Regulations (42 CFR Part 2)
  • Fair Credit Reporting Act (FCRA)
  • Family Educational Rights and Privacy Act (FERPA)
  • General Data Protection Regulation (GDPR)
  • Gramm-Leach-Bliley Act (GLBA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Health Information Technology for Economic and Clinical Health Act (HITECH)
  • Network and Information Systems Directive 2 (NIS2)
  • Cybersecurity Maturity Model Certification (CMMC)

We work alongside in-house counsel, CIOs, CTOs and other C-suite leaders, and IT/security teams to develop practical, scalable data protection strategies tailored to each client’s risk profile, regulatory exposure, and business goals.

Our Core Services

Privacy Programs & Compliance Strategies

We craft privacy programs that align with global and domestic regulations, integrating legal, operational, and technological safeguards. We help businesses implement compliant privacy practices for data collected via mobile apps, websites, social media, connected devices, and emerging technologies.

  • Privacy policy drafting and compliance audits
  • Consent management and user rights response frameworks
  • Cross-border data transfer mechanisms and data mapping
  • Sector-specific compliance for GDPR, HIPAA, GLBA, COPPA, state consumer privacy laws, and others
Data Security & Breach Preparedness

Data breaches are not just IT issues—they are legal events. We design risk mitigation programs that anticipate breaches, respond timely if breaches occur, and reduce liability overall.

  • Cyber incident response planning
  • Regulatory response playbooks
  • Security policy development aligned with the National Institute of Standards and Technology (NIST) and International Organization for Standardization (ISO) frameworks
  • Incident readiness assessments and tabletop exercises
Information Governance & Data Minimization

Effective data governance reduces litigation and regulatory exposure. We help clients identify what data must be retained for legal or operational purposes—and what can be defensibly deleted.

  • Retention policies and defensible deletion strategies
  • Litigation readiness and eDiscovery planning
  • Vendor risk management and third-party data sharing policies
Data Breach Response & Crisis Management

When a breach occurs, experience matters. We deliver an end-to-end response protocol in collaboration with forensic experts, PR teams, and insurers.

  • Breach notification compliance across all U.S.
  • Exposure analysis and risk containment
  • Regulatory reporting and engagement
  • Class action defense and litigation strategy
Contracting for Data: Technology, Vendor & Cloud Agreements

We negotiate technology and data-centric contracts that manage liability and clarify responsibilities.

  • Software as a Service (SaaS), cloud hosting, and managed services agreements
  • Data processing agreements (DPAs) and privacy addenda
  • Vendor assessments and risk scoring
  • Cybersecurity due diligence in M&A
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