Kristen J. Mathews is head of the Privacy & Data Security Group and a member of the Technology, Media & Communications Group.
Kristen focuses her practice on technology, e-commerce and media-related transactions and advice, with concentrations in the areas of data privacy, data security, direct marketing and online advertising. She regularly advises clients on a wide range of matters, including privacy and data security compliance, responding to data security breach incidents, preparing privacy and data security policies, data profiling, behavioral marketing, open source software issues, financial privacy, children’s privacy, international privacy, health care privacy, identity theft prevention, geolocational privacy, mobile marketing, social networking, payment card data security and telematics.
Kristen’s clients cross all industries and include retailers, consumer and business service providers, financial institutions, health care institutions, accounting firms, insurance companies, telecommunications and media companies, entertainment conglomerates, online businesses, information aggregators, print and electronic publishers, consumer products conglomerates, automobile companies, technology, hardware and software vendors, and educational entities.
During the course of her career, Kristen’s practice has evolved and grown with her clientele to address the most cutting-edge technology and data protection issues. Kristen always brings to the table experience, practicality, creativity, and a desire to enable her client’s business purposes.
Kristen’s vast authorships and speaking engagements in her practice areas reflect her depth of knowledge and understanding of the issues that her clients face, both from a practical and legal perspective. She is the editor of Proskauer’s Privacy Law Blog at www.proskaueronprivacy.com, as well as a blogger on her ABA committee’s blog at www.thesecuretimes.com. She is also the editor and author of Proskauer’s “A Moment of Privacy” e-newsletter and the chair of Proskauer’s annual “Proskauer on Privacy” conference. She also is certified as an information privacy professional (CIPP) by the International Association of Privacy Professionals.
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Transactions:
Kristen assists her clients with their technology, media, and communications-related transactions. She spots the legal issues that are raised by new forms of technology and media, and helps her clients to navigate through them and allocate the associated burdens of risk between her client and its partners.
Data Security:
In the area of data security, Kristen regularly works with her clients to assess their current practices, and to create and implement data security strategies and policies to comply with the applicable laws and standards and help prevent data security breaches from occurring. She assists her clients in devising a security breach response plans before there is an incident, allowing for a quick and efficient response in the event of an actual incident, and mitigating the actual damage suffered by her clients and their customers. In the event of a breach of data security, she advises clients on how to best respond to such incidents, while both protecting her client’s reputation and ensuring their compliance with applicable laws and industry standards. She also assists her clients in addressing threats to their customer’s security from malicious activities such as phishing, pretexting and other means of identity theft, and helps her clients with their data retention and disposal policies and practices. She assists her retail clients who accept payment by credit or debit card in complying with the Payment Card Industry (PCI) Data Security standards.
Privacy and Direct Marketing:
In the privacy arena, Kristen regularly assists clients in implementing both internal and customer-facing privacy and direct marketing policies that are legally compliant and that meet their marketing, sales and other business needs. She assists her clients in addressing spam, text messaging, telemarketing, fax, behavioral marketing and other similar laws and industry standards. She assists her clients in complying with the Children’s Online Privacy Protection Act (“COPPA”) with regard to their Web sites that are directed to children, as well as other industry-specific laws such as those that apply to the financial, medical, telecommunications, cable, automobile, utilities and mobile media industries.
International:
Internationally, Kristen regularly assists clients in doing business seamlessly throughout the globe by devising a legally compliant means of global data flow among affiliates and business partners worldwide. Where European law is involved, she assists U.S. companies in complying with European law by putting in place inter-company agreements between U.S. companies and European data exporters, and joining the “Safe Harbor” program developed by the U.S. Department of Commerce in conjunction with the European Commission. Most importantly, Kristen has the experience necessary to assist her U.S. clients in selecting between these and other various means of achieving legally compliant data flow between European affiliates and unaffiliated companies under applicable international laws.
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