Cybersecurity, Privacy & Internet Law
Cybersecurity, Privacy & Internet Law
Luminate Law is one of few Hawaii firms experienced in cybersecurity and privacy law. We join our knowledge of computer technology with our legal expertise to help clients meet challenges created by the law governing cyberspace. Certain Cybersecurity, Privacy & Internet Law services are provided on a flat fee or subscription basis. Our areas of focus are:
Privacy and Cybersecurity Law
- Assisting with response to data breach incidents
- Advise on compliance with privacy and cybersecurity requirements of federal and state laws (including Hawaii and California) such as:
- Health Insurance Portability and Accountability Act (HIPAA)
- Federal Educational Rights and Privacy Act (FERPA)
- Children Online Privacy Protection Act (COPPA)
- California Online Privacy Protection Act (CalOPPA)
- California Consumer Privacy Act (CCPA)
- Consult on compliance with the GDPR (General Data Privacy Regulation)
- Review of cybersecurity policies and governance
- Prosecution and defense of invasion of privacy claims
Learn more about our data privacy practice here
Digital Media
- Social media policies for employers
- Audit of online advertising (including social media advertising) for compliance with consumer protection and intellectual property law
- Compliance with website accessibility requirements of the Americans With Disabilities Act
- Terms of Use and Privacy Policies for websites, mobile apps, and other internet service providers
- Software licensing and distribution agreements
- Internet service provider agreements (e.g., cloud vendor agreements)
- Development of social media contest rules
Information Management
- Document retention policies
- Ediscovery
Representative Experience
- Advised retailers and providers of professional services on GDPR compliance
- Advised developer of educational software platform on compliance with FERPA and COPPA
- Represented publicly traded company in arbitration (and later mediation) of contract dispute with vendor of CRM application
- Draft Terms and Conditions and Privacy Policies for websites
- Developed Terms of Use for intra-company social network platform
- Draft and update social media policies
- Obtained injunction for removal of defamatory blog postings against small business owner
- Defended claim of infringing use of online images
- Advised on protection of privacy rights in connection with digital recording of individual without her knowledge or consent
- Represented health provider in contract dispute with EHR vendor
- Counseled various companies on legal obligations in responding to data breach incident
- Assisted shopping center in developing social media contest rules to comply with online endorsement and sweepstakes laws
- Advised online advertisers on compliance with advertising laws governing social media influencers
Flat Fee Services
We offer the following Information Technology and Privacy services on a flat fee basis:
- Social media policies
- Terms of Use
- Privacy policies
- DMCA policies
- Online contest rules
Subscription-Based Services
We offer the following Information Technology and Privacy services on a subscription basis:
- Review of online marketing and advertising
- Advice on compliance with privacy regulations such as HIPAA and GDPR
Speaking Engagements & Presentations
Selected speaking engagements:
- Data Privacy and Compliance - American Marketing Association of Hawaii (Elijah Yip)
- “Social Media for Litigators” - Federal Bar Association (Elijah Yip)
- Social Media Legal Issues Affecting Jurors - U.S. District Court, District of Hawaii Conference (Elijah Yip)
- Panel discussion on GDPR - INTERFACE Conference (Elijah Yip)
- "Navigating Security Issues in a Cloud Environment” - American Intellectual Property Law Association (Mid-Winter Institute) (Elijah Yip)
- “Technically Legal: Managing Legal Risks in a Digital World” - Hawaii Independent Insurance Agents Association (Elijah Yip)
- Cyber Insurance” Elijah Yip co-presented with Christopher Goodin, Esq. - Hawaii Association of Adjusters
- “Files Are Our Friends: Strategies For Complying With Recordkeeping Laws and Avoiding Disputes” - Hawaii Employers Council (Elijah Yip)
- “Social Media Evidence–a Primer” - Hawaii State Judiciary Judges Conference (Elijah Yip)
- “Image Sharing Apps: Or, the Perils of Picture Posting” - Anthology Group (Elijah Yip)
- “Legal ‘Buzz’: The Law of Online Endorsements” - Anthology Group (Elijah Yip)
- “Social Media Policies: Rules of the Road” - Anthology Group (Elijah Yip)
- “Ethics in a Wired and Wireless World” - Hawaii State Bar Association Spring Conference (Elijah Yip)
- "BYOD Challenges: When Employees Bring Their Own Devices To Work” - BLR/HR Hero’s Advance Employment Issues Symposium 2013 (Elijah Yip)
- “E-Discovery in Hawai‘i: Navigating the Pitfalls of Preservation and Production” - Elijah Yip as Moderator, Hawai‘i State Bar Convention
Publications
- Elijah Yip and Martin E. Hsia, Confidentiality in the Cloud: The Ethics of Using Cloud Services in the Practice of Law, Hawaii Bar Journal (August 2014)
Latest Blog Posts
- Aloha, CCPA: What the New California Data Privacy Law Means For Hawaii Businesses
- Cybersecurity For Small Businesses Tip #5 – Get Physical (Set Physical Controls)
- Cybersecurity For Small Businesses Tip #4 – Stand Guard (Control Access)
- Cybersecurity For Small Businesses Tip #3 – Sort It Out (Organize & Centralize)
- Cybersecurity For Small Businesses Tip #2 – Keep Track (Take Inventory)