Virginia Cybersecurity and Data Privacy Lawyer

Parks Zeigler’s Cybersecurity/Data Privacy team is focused on educating businesses on what data they possess and their regulatory and legal responsibilities as to that data to enable a focus on putting policies and procedures in place to ensure they are protecting that data and complying with all applicable laws. We recommend a proactive, preventative approach before an event occurs to maximize protection and minimize cost. Experts say it is a matter of “when,” not “if,” a cybersecurity incident will hit a business. It is vital that companies secure their data as best as possible and have a plan in place for when an event occurs.

We have relationships with Cybersecurity IT firms to audit businesses to see what technical protections are needed (whether added or modified) and to assist in crafting the right data privacy policy and plan for the business. These firms are also on call to take immediate action should a cybersecurity incident happen. Our firm can coordinate all work from beginning to end, ensuring that the proper steps are taken and that should litigation ensue, our clients are protected from the first moment with attorney-client and work-product protections.

Cybersecurity and Data Privacy Services We Offer

    • Cyberinsurance Review and Counseling
    • Cybersecurity and Data Privacy Litigation
    • Creating/Drafting
        • Data Breach Avoidance Plans
        • Data Privacy Policies & Plans
        • Incident Response Plans
    • Electronically Stored Information (ESI) Issues
    • Incident Response
    • Regulatory Compliance and Reporting
        • Defense Federal Acquisition Regulation Supplement (DFARS)
        • National Institute of Standards and Technology (NIST)
        • Heath Insurance Portability and Accountability Act (HIPPA)
        • Health Information Technology for Economic and Clinical Health Act (HITECH)
        • Fair Credit Reporting Act (FCRA)
        • Electronic Communications Privacy Act (ECPA)
        • General Data Protection Regulation (GDPR)

Virginia Security Breach Protection Laws

Virginia Code Section 18.2-186.6 codifies Virginia’s security breach protection regulations. Individuals or businesses that own or license computerized data that includes personal information about Virginia residents must notify them once a breach occurs. As with many state’s data breach laws, Virginia provides a definition of what “personal information” is, what constitutes a breach, and when and how individuals and businesses must notify the residents if there is a breach.

Notification must be made to the affected Virginia residents (and also the Virginia Attorney General) “without unreasonable delay,” though it can be reasonably delayed to allow the individual or business to determine the scope of the breach and restore the reasonable integrity of the system. It may also be delayed if a law-enforcement agency, after being notified, determines and advises that notice will impede a criminal or civil investigation, or homeland or national security.

It is important for all individuals and businesses (whether located in or outside of Virginia) that own or license personal information of Virginia residents to understand the obligations imposed by this law and incorporate the information/compliance into its cybersecurity planning documents. Our knowledgeable cybersecurity and data breach attorneys in Virginia can ensure this is done.

What Can a Cybersecurity and Data Privacy Attorney Do?

Because a company could be held liable by the Attorney General for violation of data breach law, or even by consumers if they are directly harmed as a result, it is imperative that businesses comply with the law. Our skilled Virginia attorneys can provide the following cybersecurity and data privacy services:

  • Draft a Data Breach Avoidance Plan to provide a well-defined and organized approach for creating and assessing a business’ cybersecurity plan to minimize the risk of data breaches. This includes:
      • Evaluating technical security measures and working with forensic IT professionals to improve where needed
      • Review Existing/Secure Cybersecurity Insurance
      • Review/Draft Business Training Documents for Staff
      • Identify data captured/used by the business and categorize for best policies for security
  • Draft an Incident Response Plan to enable a business to immediately and properly address a cyber incident to minimize the impact. This includes:
      • Investigation of the incident internally
      • Mitigate potential harm to the affected parties
      • Minimize adverse impact on the business in an ethical and legally appropriate manner, including minimizing the reduction in operations, reputational harm, and financial harm
      • Communicate the incident to all necessary parties
      • Conduct post-incident reviews, training, and education and provide internal communications in order to minimize potential future incidents
  • Evaluate/Draft a Data Privacy policy for the company

Contact Our Virginia Cybersecurity & Data Privacy Attorneys Today

There is no such thing as perfect cybersecurity. It is not a matter of “if” you encounter an issue; it is “when.” Businesses can, however, and should, do everything they can to lower the chance of an incident and maximize the response to minimize the impact when an incident occurs. This planning, with proper cybersecurity insurance, can often mean the difference in staying in business after a breach. It is an unfortunate reality that cybersecurity breaches are common and very expensive to address. An IBM/Ponemon Institute report showed the average cost of a data breach in 2023 was $4.45 million dollars.

Our goal at Parks Zeigler, PLLC, is to do everything we can to help businesses secure themselves and best prepare for a cyber incident. Addressing the risks by hardening technical systems, training employees, and creating comprehensive documents allows our clients to focus on their actual businesses with the peace of mind knowing they are protected when the time comes to address a cyber event.

Reach out to a Virginia cybersecurity and data privacy lawyer today to get help protecting your business from growing threats of cyberattacks.

Areas We Serve

With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.

  • Virginia Beach
  • Hampton
  • Chesapeake
  • Newport News
  • Norfolk
  • Yorktown
  • Portsmouth
  • Accomack County
  • Suffolk
  • Northampton County

Parks Zeigler, PLLC – Attorneys At Law

Parks Zeigler, PLLC – Attorneys At Law N/a
4768 Euclid Road,
Suite 103

Virginia Beach, Virginia 23462
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524 Albemarle Drive,
Suite 200

Chesapeake, Virginia 23322
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200 N. Water Street,
Suite 2A

Elizabeth City, NC 27909
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