Businesses rely on data to operate, grow, market, innovate, and compete. That same data now creates significant legal, regulatory, operational, and reputational risk. Baker Donelson helps each client understand and manage those risks through practical privacy and data compliance counsel tailored to their business, industry, technology, and growth strategy.
Our Data Privacy and Compliance team advises clients across the full data lifecycle, from product development and data collection to vendor management, cross-border transfers, regulatory compliance, incident response, and litigation risk. We work with startups, middle-market companies, and large enterprises in highly regulated and data-intensive industries, including health care, financial services, technology, education, manufacturing, and consumer-facing businesses.
We help clients move beyond check-the-box compliance. Our approach is designed to support business objectives while reducing legal exposure, strengthening governance, and building trust with customers, employees, partners, and regulators.
More than one-third of our team is credentialed with the world's largest privacy organization, the International Association of Privacy Professionals (IAPP), as well as other credentialing organizations, including:
- Artificial Intelligence Governance Professional (AIGP)
- United States-focused Certified Information Privacy Professional (CIPP/US)
- Europe-focused Certified Information Privacy Professional (CIPP/E)
- Canadian-focused Certified Information Privacy Professional (CIPP/C)
- Privacy management-focused Certified Information Privacy Manager (CIPM)
- GIAC Law of Data Security & Investigations (GLEG)
- Privacy Law Specialist (PLS)
- Payment Card Industry Professional (PCIP)
- Certified Information Security Manager (CISM)
- Certified Information Systems Security Professional (CISSP)
- Qualified Technology Expert (QTE)
- Certified Information Privacy Technologist (CIPT)
Core Service Areas
We counsel clients startups to Fortune 100 companies in an array of industries, including health care, financial services, technology, education, and manufacturing on privacy issues and compliance programs. Our services span the full data lifecycle:
Regulatory Compliance Counseling
We provide skilled regulatory compliance counseling and guidance on the full range of privacy laws in existence today including the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR),state biometric privacy laws, behavioral advertising, the growing number of comprehensive state consumer privacy statutes, and a myriad of other regulatory schemes such as Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (GLBA).
Proactive Risk Management and Strategy
We provide companies with strategic advice on how to address and mitigate the growing legal risks that arise when leveraging personal data, including class action litigation readiness, clickwrap agreement design, data retention and destruction programs, internal policies and procedures, and employee training. We also advise on novel liability risks, including those stemming from marketing technology, tracking pixels, age verification, and the increasing threat of mass arbitration.
Product Counseling
We counsel companies as they bring new data-powered products and services to market, including software related to artificial intelligence (AI) and continue providing strategic guidance throughout the duration of the product and data lifecycle. We work closely with business and legal teams in the development and launch of new products and services, and we continue to provide strategic guidance post-launch to facilitate continued, long-term compliance and risk mitigation.
Compliance Program and Policy Development
We partner with companies to develop comprehensive, enterprise-wide compliance programs for all types of technologies and all forms of personal data. Our services include auditing current organizational data practices; developing remediation plans to address and eliminate compliance gaps; drafting and updating privacy policies, website notices, cookie consent mechanisms, data processing agreements, and other external-facing disclosure; and advising on the development and implementation of additional strategic measures to facilitate ongoing legal compliance and manage anticipated risk.
Technology Contract Negotiations and Guidance
We draft and negotiate complex technology agreements that implicate personal data, including data processing agreements, data sharing and licensing agreements, and AI vendor agreements. We also provide guidance and counseling, including benchmarked considerations pertaining to personal data, to companies involved in negotiating technology contracts, as well as advice on existing agreements involving data rights and obligations.
Vendor and Third-Party Risk Management
Vendors and other third-party relationships represent one of the most sizeable risk vectors associated with the use of personal data. We advise companies on a full range of vendor risk management initiatives, including vendor due diligence, contract provisions addressing data rights, and negotiation strategies to limit downstream liability.
Privacy Litigation
We represent and advise companies facing privacy-related litigation, including class actions and regulatory investigations arising from alleged data breaches, violations of privacy laws, including the California Invasion of Privacy Act (CIPA), Video Privacy Protection Act (VPPA), and state wiretapping laws, and misuse of personal data. Our team provides strategic defense and works proactively to minimize litigation risks by guiding clients through pre-litigation assessments, developing tailored response strategies, and supporting settlement negotiations when appropriate. We stay ahead of evolving privacy regulations and enforcement trends to help clients navigate complex legal challenges effectively.