Related Practices
Related Industries
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As counsel for many of the world’s leading software, Internet, and communications companies, Covington advises clients on a wide range of data privacy issues, including acceptable practices for collection, use, disclosure, access, and security with respect to personally identifiable information. Our attorneys help clients implement and maintain manageable and transparent website privacy policies, and we audit websites for compliance with stated policies and with requirements regarding cookies. We also increasingly advise online and communications companies on potential uses of customer data in relation to new products and services, social features, and data retention requirements. In addition, we counsel companies in the United States and Europe on how to structure their marketing practices to meet federal, state, and European Union (EU) requirements governing commercial e-mail and telemarketing.
We often represent clients before US and foreign agencies, working to negotiate agreements and consent orders involving privacy practices. We also frequently consult with legislators and regulators, both in the United States and the European Union (EU), in connection with proposed laws and rules involving commercial e-mail, telemarketing, fax advertising, and identity theft. We advised on the review of the ePrivacy Directive 2002/58/EC as part of the reform of the EU Telecommunications Framework, and continue to monitor developments regarding the Data Retention Directive 2006/24/EC.
Representative Matters
- Developed legal and practical strategies to combat proposed state legislation requiring online dating service providers to conduct background checks of potential customers.
- Advised Microsoft in relation to the US and EU data protection aspects of the purchase of Skype.
- On-going monitoring at the request of several clients of the new cookie rule implementation and enforcement throughout the EU Member States.
- Advice on European geo-location data issues for major international service provider.
- Advice on smart TV issues.
- Successfully challenged before the D.C. Circuit the Federal Communication Commission’s rules mandating that telecommunications companies install equipment to monitor private telephone and Internet communications.
- Prepared an assessment for a leading national association on the installation and use of event data recorders (“black boxes”) in passenger cars under state law and proposed NHTSA regulations.
- Advised a telecommunications client on strategy, including options for enforcing existing law or drafting legislation, for combatting the spoofing of its customers’ telephone numbers to subvert caller identification technology.
- Advised a European telecommunications client on data retention matters, and on strategy and compliance relating to new services using customer data.
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