FROM DSP QUESTION TO COMPLIANCE PROGRAM
SCOPE OF PRACTICE
DSP APPLICABILITY ASSESSMENTS
ANALYZE:
- Relevant data
- Data category
- Volume / threshold
- Access
TRANSACTION-SPECIFIC DSP ANALYSIS
FOR:
- Vendor agreements
- Employment arrangements
- Investment agreements
DELIVERABLE:
DSP COMPLIANCE PROGRAMS
HELP DEVELOP
- Policies
- Procedures
- Transaction-review workflows
- Escalation protocols
- Documentation requirements
- Recordkeeping processes
- Training
- Due-diligence processes
- Compliance governance
CROSS-BORDER DATA TRANSFER ANALYSIS
ASSESS
- Foreign access
- Remote access
- Foreign employees
- Contractors
- Vendors
- Cloud providers
- Affiliates
- Data-sharing
- International data arrangements
The analysis should consider DSP alongside other applicable legal requirements.
VENDOR & SUPPLY-CHAIN DATA DILIGENCE
HELP CLIENTS EVALUATE
- What data a vendor can access
- Where the vendor is located
- Ownership/control
- Subcontractors
- Foreign access
- Cloud providers
- Contractual protections
- DSP implications
- Related privacy/cybersecurity issues
PRIVACY PROGRAM SUPPORT
WHERE PRIVACY AND DSP ISSUES OVERLAP
- Privacy policies & ToU/ToS
- Data-use documentation
- Data-sharing agreements
- Data-processing agreements
- Privacy compliance processes
- Sensitive-data identification based on client-provided information
A.S.H.A. Law provides legal analysis/drafting, not technical data discovery or data mapping.
EXPORT CONTROLS OVERLAP
Analyze situations where a transaction involving sensitive data, technology, foreign parties, or international activity may raise both DSP and export-control questions.
CFIUS-ADJACENT OWNERSHIP QUESTIONS
Help clients identify ownership/control and foreign-party issues relevant to DSP analysis and understand where a transaction may raise adjacent national-security considerations.
INCIDENT PREPAREDNESS
A.S.H.A Law. does not provide technical incident response.
THE FIRM CAN HELP COMPANIES PREPARE LEGALLY BEFORE A PROBLEM OCCURS, INCLUDING:
- Legal escalation procedures
- Data-security compliance documentation
- Incident-response legal planning
- Vendor contractual provisions
- Notification and regulatory considerations
- Documentation and decision-making processes
- Coordination with technical incident-response professionals
M&A DATA DILIGENCE
BEFORE ACQUIRING A COMPANY, ASSESS:
- What sensitive data it holds
- How the data is collected and used
- Foreign access
- Vendors
- Cross-border arrangements
- DSP exposure
- Privacy compliance
- Cybersecurity legal issues
- Relevant ownership/control questions