Technology, Digital Privacy & Security

Although security concerns, privacy protocols and breach incident response plans have long been a primary focus of for-profit businesses, nonprofits have been slower to address their protected data security issues.  As nonprofits increasingly collect more detailed information from their donors and supporters, the need to protect this information is becoming ever more critical.

Our attorneys provide a full range of counseling on privacy, data rights, and cybersecurity issues, including:

Privacy Audits 
One of the most effective means for a nonprofit organization to begin to discover weaknesses in the storing and protection of personally identifiable information and donor data, and where needed, to remediate those issues.

Transactional/Contract Review 
Nonprofits often enter into agreements with third-party vendors that offer a range of technology-related services and operational support, such as donor outreach and management web platforms, payment processing solutions, and data storage. If these agreements are not effectively reviewed and negotiated, nonprofits are at risk of having little recourse or means of redress should something go awry.

Website Policies and Procedures 
We provide tailored website privacy and terms of use agreements to ensure that our clients’ websites are in compliance with applicable laws and best practices.

• Data Storage & Protection
• Privacy Audit
• Privacy Policy
• Technology Agreements
• Website Terms of Use
• Compliance with US and International Data-privacy Regulations

• Conducted a privacy audit for an organization with multiple national and international offices to identify and assess both online and offline data-gathering practices. Provided review of existing vendor agreements, cyber-security insurance policy, internal and website policies and procedures, advisement on means to enhance data security, and development of policies and procedures to ensure that all personally identifiable data was properly stored and protected.
• Advised a large national/international nonprofit in undertaking a large scale, multi-year transition from a server-based software solution to a Cloud-based solution. Work included negotiation of contract terms and conditions, hosting SLA’s, privacy and data-security issues, insurance, maintenance agreement and statements of work.
• Provided both legal and business advice and counsel to a venture-funded technology startup. Work included review of business plans, advisement related to equity/debt financing, drafting of consulting/advisor agreements, provision of stock plans and advisement on equity considerations, drafting of a wide variety of services, partnership and joint marketing agreements, and counsel regarding all IP issues.