Regulatory Advice and Guidance

Navigating the complex landscape of data protection regulations is a formidable task for businesses of all sizes and industries. With laws like the General Data Protection Regulation (GDPR), the Health Insurance Portability and Accountability Act (HIPAA), the California Consumer Privacy Act (CCPA), and other data protection frameworks continually evolving, staying compliant is critical to protecting sensitive data and avoiding costly penalties. That’s without layering on the challenges of a patchwork of industry-specific laws and regulations and the emerging risks associated with AI, from data usage transparency to bias mitigation and liability for AI-driven decisions.

Dunlap Bennett & Ludwig delivers comprehensive legal advice that helps businesses interpret, comply with, and manage these demanding legal and regulatory requirements. Our team’s in-depth understanding of U.S. and international data protection laws, industry-specific regulations, and AI issues ensures that businesses receive timely, actionable guidance that protects their operations and reputation.

NAVIGATING REGULATORY COMPLEXITIES

Noncompliance with data protection laws and industry regulations can lead to severe financial penalties, legal liabilities, and damage to your organization’s reputation. Even a minor regulatory breach can have far-reaching reputational consequences, particularly in industries like healthcare, finance, and technology.

Dunlap Bennett & Ludwig’s regulatory advice services ensure that your business understands its obligations and implements measures that safeguard sensitive information, mitigate risks, and maintain regulatory compliance. We work closely with businesses to interpret regulations and deliver actionable guidance on managing compliance obligations.

What we do

• Advise on emerging AI-related security, privacy, and compliance challenges.
• Develop AI governance frameworks and policies.
• Advise on compliance with data protection laws and regulations across highly regulated industry verticals:
• Healthcare
• Health Insurance Portability and Accountability Act (HIPAA)
• Health Information Technology for Economic and Clinical Health Act (HITECH)
• Financial services:
• Gramm-Leach-Bliley Act (GLBA)
• Payment Card Industry Data Security Standard (PCI DSS)
• Sarbanes-Oxley Act (SOX)
• Federal Financial Institutions Examination Council (FFIEC) guidelines
• Retail:
• Payment Card Industry Data Security Standard (PCI DSS)
• Defense and government contractors:
• Defense Federal Acquisition Regulation Supplement (DFARS)
• Cybersecurity Maturity Model Certification (CMMC)
• Energy:
• North American Electric Reliability Corporation Critical Infrastructure Protection (NERC CIP) standards
• Publicly traded companies:
• Securities and Exchange Commission (SEC) cybersecurity disclosure rules
• Insurance:
• State-specific regulations (e.g., New York State Department of Financial Services cybersecurity regulations)
• General business (applicable across sectors):
• General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
• State data breach notification laws
• Children’s Online Privacy Protection Act (COPPA) for services directed at children
• CAN-SPAM Act for email marketing
• Telecommunications:
• Telecommunications Act
• Federal Communications Commission (FCC) rules
• Education:
• Family Educational Rights and Privacy Act (FERPA)
• Protection of Pupil Rights Amendment (PPRA)
• Children's Online Privacy Protection Act (COPPA)
• Identify compliance obligations based on clients’ industry, geographical reach, and the types of data handled.
• Advise on cross-border data transfers, helping businesses adhere to laws like the EU-U.S. Data Privacy Framework and Standard Contractual Clauses under the GDPR.
• Review policies, practices, and procedures to ensure continued compliance with the latest data privacy laws.
• Prepare businesses for regulatory audits by ensuring data protection practices meet legal standards and compliance benchmarks.
• Represent clients in regulatory inquiries and audits and respond to regulatory findings and recommendations.
• Negotiate with regulators on behalf of clients.
• Counsel clients after a data breach to ensure regulatory obligations for breach notifications and remediation are met.