Cybersecurity Law & Data Privacy Law

The Internet of Things Threats

People and devices are more interconnected than ever. As a result, Cybersecurity Law and Data Privacy Law are some of the most rapidly changing areas of law. While the laws are quickly changing, often times, they can’t even keep up with the technology that changes in the blink of an eye… and so do the threats.

Hackers and bad actors have an easy job, all they have to do is find one entry point or weakness at a single moment—and they are quite skilled, employing technical measures (e.g. hacking, brute force attacks, etc.) and social engineering techniques (e.g. “phishing” or “whaling”). Meanwhile, businesses must protect all possible entry points at all times—while trying to successfully operate their businesses and serve customers. Cybersecurity threats and risks do not only originate from the outside. Employees and poor internal controls can create vulnerabilities either through intentional conduct (e.g. employees stealing or selling data) or by mere accident (e.g. leaving a phone or laptop in an Uber). Any of these scenarios can trigger a mandatory, legal obligation for a business to report a data breach to regulatory authorities, customers, and the public. Such an event can have lasting impact on a business, and in some instances, destroy the business’ reputation or the business itself.

Sounds scary and you might be thinking that you should unplug all your devices and go back to paper and pencil. Before you do that, know that attorney Christopher Cervellera of CERV LAW, PLLC is able to assist your company in navigating the various legal and technical issues in this cyber age. In 1999, using a computer in a library, Chris Cervellera created his first website. In the nearly two decades since then, Chris has used his technical skills to help a number of organizations and companies in the management and deployment of various web and information technology platforms and solutions. Today, Chris’ technical experience, combined with his legal knowledge and skills, allow him to help companies with their Cybersecurity Law and Data Privacy Law needs in these disruptive and rapidly changing times.

Cybersecurity Law and Data Privacy Law Practice Areas

Attorney Christopher Cervellera of CERV LAW, PLLC has the skills and experience to help your company in a number of Cybersecurity Law and Data Privacy Law areas including:

Cybersecurity Threat Assessment, Threat Reduction, and Regulatory Compliance

• Working closely with a client’s IT professional or assisting a client in IT or cybersecurity vendor selection
• Development of Internal Controls & Cybersecurity Policies
• Employee Training
• “War Games” (breach and response simulation)
• Vendor Management & Risk Assessment

Drafting and Review of Critical Cybersecurity & Data Privacy Documents

• Data Privacy and Data Security Plans and Procedures
• Privacy Policies and Cookie Policies
• Consent Agreements
• Bring Your Own Device Policies (BYOD) for Employees
• Vendor Agreements
• Data Collection, Retention and Destruction Policies

Identifying “Incidents” versus “Breaches” Under Applicable Laws

Mandatory Post-Data Breach Notifications and Disclosures

• Florida Data Breach Notifications – Fla. Stat. § 501.171
• Assisting with notifications in other U.S. states and countries by leveraging connections to lawyers and advisors throughout the world (e.g. The EU’s General Data Protection Regulation [GDPR] and California’s Consumer Privacy Act of 2018)
• Various Federal Cybersecurity and Data Privacy Laws

Advisory Services for Compliance with Cybersecurity and Data Protection Laws Pre- and Post-Data Breach

• Florida Data Breach Notifications – Fla. Stat. § 501.171.
• Health Insurance Portability and Accountability Act (HIPAA) – 42 U.S. Code § 1320d–6.
• Financial Services Modernization Act: Gramm-Leach-Bliley Act (GLB) – 15 U.S.C. §§ 6801–6809.
• Children’s Online Privacy Protection Act (COPPA) – 15 U.S.C. §§ 6501–6505.
• Federal Trade Commission Act – 15 U.S.C. §§ 41-58.