Strengthen Data Privacy Compliance: The who, what, why, where, and how of data processing agreements

Beth Waller
Beth Waller | Woods Rogers Vandeventer Black

As chair of the Cybersecurity & Data Privacy practice at Woods Rogers Vandeventer Black (WRVB), Beth’s practice is fully devoted to cybersecurity and data privacy.

On-Demand: July 27, 2023

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1.5 hour CLE
Tuition: $195.00
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Program Summary

Data privacy compliance requires that vendor and customer contracts be reviewed with an eye toward privacy compliance. As state privacy regimes emerge across the United States and abroad, gone are the days that data processing agreements could be limited to only those agreements touching on Europe. Now a savvy commercial contract requires review of a myriad of data privacy concerns. This fast-paced session will delve into the common regulatory trends emerging, the relationship between controller / processor, audit rights, indemnity, limitations of liability, and more. Examine data processing agreements through the lens of the practical, with a look at what is current “market” and where these trends could be leading in 2023.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Review the role of the contracting party under data privacy laws, moving beyond the lingo of controller / processor and into the practical aspects of why the “who” of data processing matters for compliance
  • This session will examine “what” and “where” a data processing agreement may be required
  • Finally, we will touch on “why” and “how” these agreements can be negotiated to protect your organization not only from a regulator’s review but also in a breach of contract scenario, looking at indemnification, limitation of liability, and the building blocks of a defensible position under privacy law

Date / Time: August 15, 2023

Closed-captioning available

Speakers

Beth Waller_Woods Rogers Vandeventer Black_FedBarBeth Waller | Woods Rogers Vandeventer Black

As chair of the Cybersecurity & Data Privacy practice at Woods Rogers Vandeventer Black (WRVB), Beth’s practice is fully devoted to cybersecurity and data privacy. Clients ranging from local government and state agencies to mid-market firms and Fortune 200 companies depend on Beth for advice and counsel. Beth’s credentials in the field are extensive. She is a certified Privacy Law Specialist by the International Association of Privacy Professionals (IAPP), which is accredited by the American Bar Association. In addition, she is a Certified Information Privacy Professional with expertise in both U.S. and European law (CIPP/US & CIPP/E) and a Certified Information Privacy Manager (CIPM), also from the IAPP.

In 2022, the Governor of Virginia appointed Beth to the Commonwealth of Virginia’s first Cybersecurity Planning Committee, a committee tasked with increasing the cybersecurity posture of public bodies and local governments in Virginia. Beth writes extensively for OneTrust Data Guidance on the nuances of Virginia’s new data privacy law as a OneTrust Data Privacy Expert. Beth is also a frequent contributor to the national cybersecurity journal Dark Reading, where she writes about the intersection of law, privacy, cybersecurity, and technology.

Agenda

I. Review the role of the contracting party under data privacy laws, moving beyond the lingo of controller / processor and into the practical aspects of why the “who” of data processing matters for compliance | 2:00pm – 2:30pm

II. This session will examine “what” and “where” a data processing agreement may be required | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Finally, we will touch on “why” and “how” these agreements can be negotiated to protect your organization not only from a regulator’s review but also in a breach of contract scenario, looking at indemnification, limitation of liability, and the building blocks of a defensible position under privacy law | 3:10pm – 3:40pm

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