Privacy & Data Protection

The Legal Battleground of 21st-Century Business - Keep Your Company Compliant

In today's digital economy, privacy, data protection, and cybersecurity are critical challenges for businesses. The rise of international e-commerce, social media, and mobile technology has expanded opportunities but also increased the risk of data breaches and security incidents. Threats can arise from employees, suppliers, business partners, and external bad actors—including both criminal organizations and state-sponsored entities. Despite these threats, many startups and growing businesses deprioritize privacy and cybersecurity due to operational and financial constraints. However, failing to mitigate these risks can lead to significant legal and financial consequences.

Adding to these complexities, governments and industry regulators at the international, national, state, and local levels are aggressively introducing privacy and cybersecurity regulations. These evolving laws, rules, and guidelines aim to curb data breaches and cyberattacks while protecting consumer rights. However, they also impose significant compliance burdens on businesses. Companies must not only defend against cyber threats but also navigate an expanding patchwork of strict legal requirements. Currently, 19 U.S. states have active privacy laws, with an additional 18 states considering new legislation. Compliance missteps can lead to costly fines, operational disruptions, financial loss, and reputational damage.

Your company’s customer, employee, and business partner information are among its most valuable assets. Data-intensive businesses that store, process, or transfer information—whether via internet applications, social media, email, mobile apps, or cloud platforms—face heightened risks due to the rising frequency and sophistication of cyberattacks. Proactively addressing privacy and cybersecurity should be a high priority.

Expertise & Approach

Whether you are a startup or an established company, BAYPOINT LAW provides tailored solutions ranging from advisory consultations to the development of comprehensive governance, risk, and compliance programs. In addition to the firm’s extensive in-house multidisciplinary experience and knowledge, BAYPOINT LAW partners and collaborates with a network of affiliated law firms, cybersecurity specialists, forensic experts, auditors, and incident response professionals, an effective approach providing capabilities in breadth and depth to meet and surpass client needs.

Privacy & Data Protection Program Services

  • Regulatory Gap Analysis

  • Draft internal Privacy & Cybersecurity Policies & Procedures

  • Draft Employee Compliance Enforcement Notices

  • Third-Party & Consumer-Facing Compliance

    • Implement Privacy Notice, Consent & Redress Forms

    • Implement Data-Sharing Agreement Processes

  • Data Governance & Protection Framework

    • Privacy Metadata Schema & Standards Advisory

    • Draft Data Lifecycle Protocols, Aging Rules, and Deletion Standards

  • Employee Compliance Awareness & Training

  • Product Privacy by Design Review & Remediation

  • Privacy Impact Assessments (PIAs)

  • Incident Response Team, Protocol, and Notification Development Consultations

  • Breach Response & Mitigation

  • Audit Metrics & Compliance Scorecard Implementation

  • M&A Privacy Risk Assessments & Report Generation

Services

Cybersecurity Program Services

  • Identity Management

    • Draft/Audit Account, Authorization & Access Policies/Procedures

  • Vulnerability Management

    • Review Cybersecurity Hygiene Audits

    • Document Compliant Mitigation Strategies to Address Identified Weaknesses

  • Threat Management

    • Implement/Audit Threat Intelligence Logs Compliant with Regulations

    • Threat Modeling Policy & Procedure Advisory/Documentation 

    • Ensure Forensics Report Compliance with Regulations

    • Conduct or Lead Incident/Breach Response Events

  • Trust Management

    • Develop Acceptable Systems/Network Use Policies

    • Map Systems Security Policies and Procedures to Regulations

    • Identify Gaps in Policies/Procedures Against Regulations

    • Ensure Completeness of Administrative and Technical Controls Documentation

  • Implement Cybersecurity Framework Standards
    — NIST, ISO 27001, CIS, SOC2, PCI-DSS, HITRUST

  • Document Cybersecurity Operational Model & Controls

    • Secure Network, Applications, and Data Architectures

    • Encryption, Firewalls, Privacy Enhancing Technologies

  • M&A Cybersecurity Risk Assessments & Report Generation

U.S. Federal Privacy Laws

Unlike the EU’s General Data Protection Regulation (GDPR), the U.S. lacks a single, comprehensive federal privacy law. Instead, various federal laws regulate specific industries (while the states comprehensively regulate in their own jurisdictions):

  • Privacy Act of 1974 (applies to U.S. government agencies)

  • HIPAA (healthcare industry)

  • COPPA (children’s Online Privacy Protection Act)

  • SOX (Sarbanes-Oxley Act) (financial transparency & cybersecurity)

  • FTC Act Section 5 (consumer protection & cybersecurity)

U.S. State-Level Privacy Laws

For a comprehensive index of state-level privacy laws, visit the International Association of Privacy Professionals (IAPP) tracker -
U.S. State Privacy Legislation

EU & Worldwide Laws & Standards

U.S. Federal Cybersecurity Laws & Standards

  • FISMA (Federal Information Security Management Act)

  • CISA (Cybersecurity Information Sharing Act)

  • CFAA (Computer Fraud and Abuse Act)

  • ECPA (Electronic Communications Privacy Act)

  • HIPAA (Health Insurance Portability and Accountability Act)

  • GLBA (Gramm-Leach-Bliley Act)

  • PCI-DSS (Payment Card Industry Data Security Standard)

State-Level Cybersecurity Laws & Standards

All 50 states, Puerto Rico, and the U.S. Virgin Islands have enacted cybersecurity laws, often covering:

  • Unauthorized access and computer trespass

  • Spyware, phishing, ransomware, and denial-of-service attacks

  • Reporting requirements for data breaches

For more details, visit the -

Choose BAYPOINT LAW

Tailored services to meet the unique privacy and cybersecurity needs of your business. Whether you need to develop a full compliance program matched to your corporate strategy or assistance with a specific issue, BAYPOINT LAW customizes solutions to fit each client’s size, industry, regulatory obligations, and business model. Preventative measures are always the most effective approach.

📞Contact BAYPOINT LAW📞today for a consultation.