Cybersecurity and Data Privacy
Counsel for technology companies handling consumer and enterprise data under federal, state, and sector privacy regimes.
Consilium Law LLC works with technology companies that handle consumer or enterprise data, including software vendors, AI-forward companies, healthcare adjacent technology, financial technology, and operational technology vendors in energy and manufacturing. The industry sits across the Cybersecurity and Infrastructure Security Agency (CISA), the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA), state privacy regimes including California, Colorado, Connecticut, Virginia, Utah, and others, state data breach notification statutes, the FTC, and sector regimes including HIPAA, GLBA, and FERPA where applicable.
The work covers incident response, data processing agreements, customer-facing data and security terms, breach allocation, and the privacy and security framework that supports diligence, audit, and regulator inquiry.
What legal work does cybersecurity and data privacy actually cover?
Privacy and cybersecurity legal work is structural before it is reactive. The strongest position is one where the contracting flow, the policies and procedures, and the incident response framework are already in place when an incident or inquiry arrives.
- Incident response: tabletop preparation, playbook drafting, and live legal response under privilege.
- CISA and CIRCIA reporting obligations once final rules are in effect.
- State data breach notification statutes across the US.
- Data processing agreements and customer-facing data terms.
- Privacy program counsel under state regimes and GDPR analogs.
- Vendor and customer breach allocation: indemnity, notification cost, and remediation.
How does CIRCIA change incident reporting for critical infrastructure?
The Cyber Incident Reporting for Critical Infrastructure Act of 2022 directs CISA to require covered entities in critical infrastructure sectors to report substantial cyber incidents within 72 hours and ransom payments within 24 hours, with the substantive obligations becoming enforceable once the final rule is in effect.
For companies in any of the critical infrastructure sectors (and many of their vendors), the obligation has to be paired with the existing patchwork of state notification statutes and contractual notification obligations.
How do state privacy regimes interact with one another?
State privacy regimes now reach most US companies that handle consumer data, with substantial overlap and meaningful differences. The legal work involves mapping the company’s consumer base against the current multistate map, building a privacy framework that satisfies the highest-applicable bar, and reflecting that framework in customer and vendor contracts.
How does this industry pair with AI governance?
Privacy and cybersecurity obligations sit underneath most AI deployments. Training data, model output, customer data used for personalization, and the contractual obligations that follow each are privacy and security questions before they are AI questions. The two practices run in coordination on AI-forward engagements.
Frequently asked questions
Does Consilium Law lead incident response under privilege?
Yes. The practice covers live incident response under attorney-client privilege, including coordination with forensic providers, regulator communications, customer notification, and the documentation needed for later diligence or litigation defense.
How does the practice handle state privacy regimes that keep changing?
State privacy law is added to every legislative session. The practice tracks the regimes that touch each client, runs a forward calendar of upcoming effective dates, and updates the company’s framework rather than rebuilding it after each new law.
What about HIPAA, GLBA, and other sector regimes?
For companies in or adjacent to health care, financial services, or education, the sector regime sits on top of the state and federal privacy framework. The practice handles the integration so the obligations match rather than conflict.
SparkPoint is where Consilium Law writes about the legal and regulatory changes that touch this work. The current archive includes analysis across AI governance, clean energy, trade and sanctions, M&A, and data privacy.
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