Technology and privacy law team reviewing data privacy and software agreements

Technology and Privacy Law

Technology companies, online businesses, publishers, software vendors, and data driven companies face legal issues that often overlap. A privacy notice affects marketing. A SaaS agreement affects security duties. A data incident may raise contract, regulatory, and customer communication issues at the same time. Bronfman Law helps clients address these matters with clear legal advice, practical documents, and focused dispute support when needed.

Our technology and privacy law practice covers U.S. privacy compliance, technology transactions, data incidents, platform terms, and related contract issues. We work closely with the firm’s intellectual property and civil litigation practices when a matter involves software rights, online content, confidential information, enforcement, or a business dispute.

Privacy compliance under state and federal law

U.S. privacy law is not one single statute. Many businesses must consider a mix of state consumer privacy laws, federal rules, industry duties, contract requirements, and regulator guidance. We help clients assess which laws may apply, what data is covered, and what steps are reasonable for their business model.

Our work includes compliance with the California Consumer Privacy Act as amended by the California Privacy Rights Act, often called the CCPA and CPRA. We also advise on the Texas Data Privacy and Security Act and other state privacy laws, including laws in states such as Colorado, Connecticut, Virginia, and Utah. These laws may require privacy notices, consumer request procedures, vendor contract terms, opt out mechanisms, and internal controls for personal data.

Federal law can also matter. Section 5 of the FTC Act prohibits unfair or deceptive acts or practices, including misleading privacy or security statements. The Children’s Online Privacy Protection Act, or COPPA, can apply to online services directed to children under 13 or services with actual knowledge that they collect personal information from children under 13. We help clients review these issues before they become enforcement, contract, or reputational problems.

Privacy notices, data maps, and internal procedures

A privacy notice should match how the business actually collects, uses, shares, retains, and protects personal information. A generic notice can create risk if it promises practices the business does not follow. We draft and revise website privacy notices, app privacy disclosures, cookie and tracking disclosures, employee and applicant privacy notices, and customer facing privacy terms.

Good privacy work often starts with a data map. We help clients identify the categories of personal data they collect, the sources of that data, the reasons for collection, the systems where data is stored, the vendors that receive it, and the retention periods that apply. This work supports consumer request responses, contract review, incident response, and business planning.

We also assist with internal privacy procedures. This may include consumer rights workflows, records of processing, data retention schedules, training materials, and review of marketing, analytics, and advertising technology practices. For more background, see our article on state privacy laws.

Vendor and data processing agreements

Most companies share data with service providers, cloud platforms, payment processors, analytics tools, marketing vendors, professional advisers, and other third parties. Privacy laws and customer contracts often require written terms that address how those parties may use and protect personal information.

Bronfman Law drafts, reviews, and negotiates data processing agreements, vendor security addenda, confidentiality terms, and data sharing provisions. We focus on the operational terms that matter, including permitted use, subcontractors, audit rights, security measures, deletion or return of data, incident notice, cross border transfers, and limits on secondary use of personal data.

Data incident response and breach notification

Not every security event is a reportable breach, but every serious incident deserves a careful review. We help clients assess data incidents, preserve privilege where appropriate, coordinate with forensic and technical teams, review contracts, and evaluate state breach notification laws. We also help prepare customer, vendor, and regulator communications when notice is required or when a business chooses to communicate for other reasons.

Breach notification laws differ by state. The answer can depend on the type of data involved, where affected individuals live, whether the data was encrypted, whether there is a risk of harm, and what contracts require. We help clients move quickly while avoiding unnecessary statements before the facts are known.

Technology transactions and software contracts

Our technology transactions work includes SaaS agreements, software license agreements, cloud services terms, software development agreements, reseller and referral agreements, support and maintenance terms, beta testing terms, professional services agreements, and statements of work. We represent both providers and customers, which helps us understand the business concerns on each side of the table.

We draft and negotiate provisions covering scope of use, license limits, subscription fees, service levels, implementation, acceptance testing, data rights, intellectual property ownership, confidentiality, security, warranties, indemnity, limitation of liability, termination, transition assistance, and dispute resolution. When software or content rights are involved, we coordinate with attorneys who focus on licensing, trademarks, copyright, and trade secrets.

Technology agreements should fit the deal. A large enterprise SaaS contract needs different terms than a small development project or a standard website subscription. We help clients choose the right level of detail and avoid terms that do not match the product, the sales process, or the actual security program.

Platform terms of service and online business issues

Online platforms need terms that explain user rights and platform rules in plain language. We draft and update terms of service, acceptable use policies, content rules, copyright complaint procedures, account suspension language, payment terms, user generated content licenses, and dispute provisions. We also advise on enforcement of platform rules, online marketplace issues, and content takedown processes.

For companies that publish, host, license, or distribute content, platform terms often connect to copyright, trademark, and anti-piracy work. Our firm’s content protection practice gives us practical insight into online infringement, DMCA notices, marketplace takedowns, hosting provider notices, and repeat infringer issues.

How we work with clients

We start by learning how the product, data flow, contract, or incident actually works. We then identify legal issues, business risks, and practical options. Some clients need a full privacy program. Others need a targeted contract review, a data incident assessment, or a new set of platform terms. Our goal is to give clear advice that a business team can use.

Our technology and privacy work is led by attorneys including Priya Raman, Hannah Cho, and Samuel Adeyemi, with support from other members of the firm when a matter involves IP rights or litigation. You can learn more about our team on the attorneys page or contact us through our contact page.

Technology and Privacy Law FAQ

Does every business need to comply with the CCPA or CPRA?

No. The California privacy law applies only if the business meets statutory thresholds and processes personal information connected to California residents. Those thresholds can involve revenue, the volume of personal information handled, or certain data sharing activities. A business outside California may still be covered if it meets the law’s requirements.

What is a data map and why is it useful?

A data map identifies what personal information a business collects, where it comes from, where it is stored, who receives it, and why it is used. It helps support privacy notices, vendor reviews, consumer request responses, retention decisions, and incident response. It also helps legal and business teams avoid guessing about data practices.

When does a data incident require breach notification?

Breach notification depends on the facts and the law that applies. Key issues include the type of information involved, whether the data was encrypted, where affected individuals live, whether access was unauthorized, and what contracts require. Some incidents require notice to individuals, regulators, consumer reporting agencies, or business partners, while others do not.

What terms should a SaaS agreement usually address?

A SaaS agreement often addresses access rights, permitted users, fees, uptime or support commitments, customer data, security, confidentiality, intellectual property ownership, warranties, indemnity, liability limits, termination, and post termination data handling. The right terms depend on the product, the customer, the data involved, and the business risk.

Can platform terms of service reduce legal risk?

Yes, if they are accurate, enforceable, and matched to how the platform operates. Terms of service can set rules for accounts, payments, user content, prohibited conduct, content removal, intellectual property rights, and disputes. They should not promise practices the company does not follow, and they should be updated as the platform changes.