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Privacy and Data Security

Life is becoming increasingly digital. We are surrounded by technology and every day more things become connected. To live in this world, we give up personal information like social security and credit card numbers electronically to businesses for commercial transactions. We often share other information electronically as well, even without knowing it, because everything done digitally becomes a data point, a record that is stored somewhere. That information is valuable to the businesses who collect it because they can understand their consumers better. However, businesses must abide by certain rules when collecting personal data and there are limits on what they can do with that data. In addition, security is important because the data is valuable to those who want to access and steal it for nefarious purposes.

Henderson Franklin works with clients to develop policies and procedures applicable to the gathering, use, and protection of the personal information businesses obtain from consumers. Advising across the full range of privacy and data security law, we help clients take practical, strategic steps to manage risk and ensure legal compliance.

Privacy Policies and Procedures

Privacy law is constantly changing. Our attorneys follow legal developments in privacy and data security closely to help clients develop and refine their policies and procedures and to make sure consumer-facing documents like website privacy policy pages, terms of use and contracts are compliant with the latest developments in the law.

Incident Response Planning

The unfortunate reality is that that businesses must be prepared for a data security breach. We work with our clients to develop internal policies and procedures to address data loss before it happens and can connect clients with allied professionals such as technical experts and insurance brokers to limit risk and exposure.

Data Security Breach Response

When a security breach occurs, our attorneys guide clients through the response process. We have been involved in incidents from the beginning by participating in the initial investigation and forensic analysis of a breach, determining what notification obligations are triggered and what notification must be provided. We work with clients through the notification process and post-breach to help revise and update any internal policies as necessary.

GDPR and International

Privacy issues are global. Henderson Franklin can help businesses develop strategic international privacy and data security programs including EU General Data Protection Regulation (GDPR) compliance, Privacy Shield implementation, and EU-US data transfer requirements.

Healthcare, Pharmaceutical, and Life Sciences

In the wake of COVID-19 and increased telemedicine, privacy and compliance in the healthcare field are rapidly changing. In tandem with Henderson Franklin's Healthcare attorneys, we counsel clients on the unique and often complex HIPAA and Health Information Technology for Economics and Clinical Health ("HITECH") privacy and security compliance requirements.


Our attorneys work with clients to help them understand the privacy and related regulations pertaining to direct-outreach marketing including such media as text messaging, automated calls, push notifications, email, and online advertising.

Workplace Privacy

With the involvement of our Employment attorneys, we advise businesses on workplace privacy matters and to help develop, implement and enforce policies concerning employee communication monitoring, Internet and systems use, and bring-your-own-device (BYOD) policies.

For further assistance in this practice area, please contact Henderson Franklin's Data and Privacy Attorney Mark Nieds at 239-344-1153 or by email at

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