Privacy & Data Security

GDPR Top 5 Actions You Should Take Now

Data breach, breach response, cyberliability, drones, and encryption are just a few of the terms that have worked their way into our vocabulary as businesses use evolving technologies to collect and maintain increasing amounts of electronic data. Competitive pressures require companies to take advantage of these efficiencies, but raise a host of new and ever-changing security risks, privacy considerations, compliance concerns, and legal requirements.

Our interdisciplinary team provides immediate and practical guidance to our clients in this fluid yet dynamic area. Our attorneys work in all industry sectors – including retail, healthcare, financial services, and information brokerage – on a wide array of data security, privacy, and cyberliability issues. Our experience and knowledge encompasses a myriad of laws and regulations, including HIPAA/HITECH, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act (FCRA), and the credit card industry’s PCI Standards, spanning multiple jurisdictions, both international and domestic. In addition, we have a team focused on the range of issues that arise from use of unmanned aircraft systems (UAS) (i.e., drones), including FAA regulatory requirements; applicable state laws; software contracts; intellectual property, data security, and invasion of privacy concerns; insurance coverages; import/export matters, product liability hazards, and general liability and litigation issues.

With regard to HIPAA/HITECH specifically, we counsel hospital companies and healthcare providers on the increasingly stringent federal laws and regulations related to HIPAA compliance and the privacy and security of personal health information, including federal and state security standards, business associate standards and breach reporting requirements. We navigate state and other requirements related to the responding to data breaches and preventing identity theft, implementing necessary policies and training employees. As providers are incorporating information security and electronic health records (EHR) into their compliance plan and patient experience, we counsel them with respect to the use of mobile devices, including physician use of mobile devices to transmit and access electronic patient records.

Our attorneys assist clients with:

  • Data security and privacy policies and procedures
  • Incident response plans
  • Employee training
  • Data Security GraphicNegotiation of vendor and other business partner contracts
  • Investigation of data security incidents
  • Data breach responses and customer notifications
  • Cybercrime investigations and reporting
  • Interacting with law enforcement and regulators
  • Pursuit of claims against responsible parties
  • Defense of claims from customers, business partners and regulators

Our team has spoken before groups such as the Securities Industry and Financial Markets Association (SIFMA), the Tennessee Banker’s Association (TNBA), the Tennessee Society of Certified Public Accountants (TSCPA), and the Middle Tennessee Title Agents’ Association on legislative, regulatory, and practical developments in the evolving world of data security, privacy, and cyberliability.

  • Advised Fortune 500 technology company regarding confidentiality matters and trade secret protection

    A Fortune 500 technology company engaged Bass, Berry & Sims for counsel on confidentiality matters and trade secret protection related...
    Read More
    Client Type: Public Company
  • Advise international association on EU data protection regulation compliance matters

    We counsel an international association with respect to foreign IP matters including the European Union Data Protection Directive and draft...
    Read More
    Client Type: Nonprofit
  • Successfully defended a firm financial institution client against claims arising out of cyber theft of funds of one of its commercial customers

    Bass, Berry & Sims successfully defended a firm financial institution client against claims arising out of cyber theft of funds...
    Read More
    Client Type: Private Company
  • Represented a marketing and media company in a dispute with Discover arising out of Discover’s imposition of fines and penalties due to PCI violations of a third-party

    We represented a marketing and media company in a dispute with Discover arising out of Discover's imposition of fines and...
    Read More
  • Represented an e-commerce and online payment processing company in a data breach matter resulting from computer hacking and malware

    We represented an e-commerce and online payment processing company in a data breach matter resulting from computer hacking and malware....
    Read More
  • Represented a national professional association in a cybercrime matter involving a phishing scheme that used our client’s name to target its members

    We represented a national professional association in a cybercrime matter involving a phishing scheme that used our client's name to...
    Read More
  • Represented an investment management company in a data breach case arising from a burglary at the offices of an accounting firm that was hired by our client’s transfer agent bank to perform auditing and compliance services

    We represented an investment management company in a data breach case arising from a burglary at the offices of an...
    Read More
  • Represented a national investment and financial services company in a data breach incident that resulted from a regulatory agency’s inadvertent disclosure of highly sensitive NPPI/ PII belonging to thousands of our client’s customers

    We represented a national investment and financial services company in a data breach incident that resulted from a regulatory agency's...
    Read More
  • Represented a large healthcare vendor in a data security investigation involving an employee theft of company hardware containing hundreds of thousands of PHI records

    We represented a large healthcare vendor in a data security investigation involving an employee theft of company hardware containing hundreds...
    Read More
Samar S. Ali
International Counsel
Richard W. Arnholt
Member
Ryan R. Baker
Member
Jaime L. Barwig
Associate
Michael A. Brady
Member
Robert L. Brewer
Member
Stefanie P. Carter
Associate
Christopher J. Climo
Associate
Stefanie Colletier
Associate
Alexandria Wood Davenport
Associate
Jeff H. Gibson
Counsel
Chelsea L. Harrison
Associate
Johnathan D. Holbrook
Associate
Anthony J. McFarland
Member
Paige Waldrop Mills
Member
Lisa S. Rivera
Member
John C. Speer
Member
T. Stephen C. Taylor
Member
Shelley R. Thomas
Member
Nesrin Garan Tift
Member
Rodrigo N. Valle
Associate
Janelle D. Waack
Member
Kathryn Hannen Walker
Member
Elizabeth S. Warren
Member