Global Cybersecurity and Privacy Policy and Regulation

Cybersecurity and privacy issues impact every industry and present ongoing challenges that must be clearly understood and addressed by executive management and at the board level. Holland & Knight’s Global Cybersecurity and Privacy Policy and Regulation Team works across sectors and practice areas to provide comprehensive and strategic counsel on these core business imperatives.

We offer experienced guidance regarding cybersecurity and privacy risks to clients, assistance on understanding how cybersecurity is an enterprise risk management issue, and how the global policy and regulatory structures demand that “Privacy by Design” and “Security by Design” be included.  Our team has extensive international trade and diplomacy experience, and are called upon as subject matter experts to help advise on how global cybersecurity and privacy  policies and regulations are evolving. Our team has extensive experience in managing government affairs and lobbying support, as well as crisis communications and public affairs issues.

We offer a broad set of policy, regulatory, legislative, compliance and crisis management experience to develop holistic, tailored solutions for our clients. We offer true one-stop shop capabilities with our full-service practice that addresses even the most complex cybersecurity and privacy issues. We provide practical solutions that work, so our clients can focus on what they do best – successfully running their companies.

Cybersecurity for Infrastructure and Other Key Industries

Holland & Knight Global Cybersecurity and Privacy Policy and Regulation Team members understand the nuances of how cybersecurity and privacy issues affect each industry. We are one of a few law firms to offer the full range of cybersecurity advice and counsel integrated with the knowledge of day-to-day regulations for critical infrastructure sectors. All of this stems from having worked on these issues for nearly twenty years, even before any of the current policies or regulations were put in place.

Our work includes specific experience related to the 16 critical infrastructure sectors identified by the White House and the U.S. Department of Homeland Security as vital to national security, as well other key industries, including:

• banking and financial services (including insurance)
• chemicals
• commercial facilities
• communications
• critical manufacturing
• dams
• defense
• education
• emergency services
• energy
• financial services
• food and agriculture
• government facilities
• healthcare and public health
• hospitality
• information technology (IT)
• nuclear reactors, materials and waste
• real estate
• retail
• transportation
• water and wastewater

Strategic U.S. and International Regulatory and Compliance Advisors

We guide companies in creating proactive privacy and cybersecurity compliance strategies to address the evolving – and often conflicting – patchwork of state, local, federal and international regulatory environments.

Our team has extensive experience from having served in the U.S. government as both regulators and negotiators, in addition to the deep experience of our private-sector practitioners. The Cybersecurity and Privacy Policy and Regulation Team helps clients navigate the Privacy Shield, the EU NIS Directive and the EU General Data Protection Regulations (GDPR), as well as global efforts for data localization and nation-specific cybersecurity and privacy requirements. We guide and advise companies on cybersecurity, privacy and cross-border data transfer issues in various G7 and G20 trade negotiations, as well as other U.S. bilateral and multilateral negotiations, such as the Trans-Pacific Partnership (TPP) and Transatlantic Trade Investment Partnership (TTIP).

Existing and Evolving Regulatory Cybersecurity and Privacy Issues

Our team has significant experience working closely with, and in opposition to, the leading regulators who are responsible for building and evolving the intricate web of federal and state laws and regulations implicated in cybersecurity and privacy matters. Our team represents clients across federal agencies, including the Federal Trade Commission (FTC); the Federal Communications Commission (FCC); the U.S. Departments of Homeland Security, Defense, Treasury, Justice, Transportation, Health and Human Services, and Energy; the Federal Energy Regulatory Commission (FERC); the Commodities Future Trading Commission (CFTC); and the Consumer Financial Protection Bureau (CFPB), as well as with state elected officials and state regulators, including insurance and banking regulators.