Related Practices
Related Industries
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Covington regularly counsels clients in the United States and Europe regarding compliance with laws, regulations, and best practices involving the privacy and security of personal information. We not only evaluate our clients’ existing practices, but also offer creative, forward-thinking strategies to maximize new business opportunities within applicable privacy and security standards.
Our counseling and compliance work ranges from assisting clients in conducting privacy and security audits—to assess the ways in which they collect, handle, and protect their customers’ personal information—to advising on potential liability arising out of business practices, human resources procedures, marketing plans, and online activities. For example, we work with clients to formulate information security policies that comply with legal standards and best practices, and we often analyze our clients’ websites and information practices and proposals for compliance with their stated policies. We offer operational advice on how clients can structure marketing practices to meet federal and state requirements regarding commercial e-mail, telemarketing, direct mail, and advertising. We also advise on appropriate mechanisms to transfer data from the European Union (EU) to the US and assist clients in drafting certification documents under the US-EU Safe Harbor agreement.
Representative Matters
- Work with a wide variety of clients to draft, refine, and implement website privacy policies and provide related advice regarding the operation of those sites, including advice regarding material changes to privacy policies.
- Served as outside counsel to working group of affiliates and subsidiaries of major Internet client that met regularly to discuss privacy issues and methods for streamlining or modifying the client’s privacy and security practices.
- Conducted risk assessments of proposals by major pharmaceutical and retail clients to share consumer information with third parties for marketing purposes, and advised clients on options for mitigating risk without compromising business goals.
- Advised pharmaceutical companies in the United States and Europe on data privacy issues relating to genetic testing programs and the development of genomics databases, pharmacovigilence reporting, further use of data collected in clinical trials, the sourcing and handling of human tissue, and biological samples for research purposes, patient outreach, and marketing activities.
- Worked with a multidisciplinary and multi-industry group of privacy representatives that met regularly to explore issues surrounding the development of federal privacy legislation.
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