# Data privacy attorneys for products that handle personal data

> Data privacy attorney services for startups. Privacy policies, GDPR, CCPA and HIPAA programs, vendor terms and incident response plans, at a flat fee quoted first.

Page: https://arapackelaw.com/privacy-and-data-protection/  
Title: Data Privacy Attorney for Startups | Rapacke Law Group  
Breadcrumb: [Home](https://arapackelaw.com/) / [Startup legal services](https://arapackelaw.com/startups/) / [Privacy and data protection](https://arapackelaw.com/privacy-and-data-protection/)

Personal data brings real legal risk. We write privacy policies that match how your product works, build compliance for the laws that apply and help you prepare for a breach.

- Flat fee, quoted before work begins
- No hourly billing
- Privacy and IP in one firm

## For companies whose product runs on data.

Good privacy practice keeps you compliant, builds customer trust, reduces the impact of a breach and can set you apart from competitors.

- **SaaS and apps** User accounts, analytics and customer data, with a privacy policy that matches the product.
- **Health and wellness products** Patient and health data, where HIPAA or the FTC’s health breach rule can apply.
- **Fintech** Financial data covered by the Gramm-Leach-Bliley Act and partner requirements.
- **Companies with users abroad** Customers in the EU and other countries with their own privacy laws.

## Privacy built into how you operate.

The firm’s privacy and data protection work goes beyond a checkbox. We help fit the requirements into your processes so compliance is part of how the business runs. We do not promise any regulator’s view of your program.

### What we help with

- **Privacy policies** Drafted or reviewed for your data practices, and adapted for each country and platform you operate in.
- **Data protection strategy** Data audits and mapping, classification and handling procedures, minimization and retention, and advice on encryption and anonymization.
- **Compliance programs** For GDPR, CCPA, HIPAA and industry rules such as GLBA.
- **Incident response, vendors and training** Response plans and tabletop exercises, vendor contracts and data processing agreements, and employee training.

### Gaps we look for

- **A policy that does not match the product** Promises your app or data flows do not keep.
- **Unknown data** Personal data collected without anyone knowing where it goes.
- **Vendors without terms** Customer data shared with tools that never agreed to protect it.
- **No breach plan** Notification deadlines discovered during the breach.

Privacy terms also belong in your customer and vendor contracts, which we handle with the same team.

## Which privacy laws apply to your startup?

A data privacy attorney works out which laws apply to the data you collect, writes the policies and contracts they require, and builds a program you can run. In the US there is no single federal privacy law, so the answer depends on where your users are, what data you handle and your industry.

*Privacy laws that commonly apply to startups*

| Law | Who it generally applies to | What it requires |
| --- | --- | --- |
| **California Online Privacy Protection Act** | Websites and apps that collect personal information from California residents | A posted privacy policy |
| **CCPA, as amended by the CPRA** | For-profit businesses in California that meet a revenue or data volume threshold, such as handling the personal information of 100,000 or more California consumers or households | Notices, rights to know, delete and opt out, and contract terms with service providers |
| **Other state privacy laws** | A growing number of states with comprehensive privacy laws of their own | Similar notices and consumer rights, with different thresholds |
| **GDPR** | Companies that offer goods or services to people in the EU, or monitor their behavior, even from outside the EU | A lawful basis, transparency, data subject rights and data processing agreements |
| **HIPAA** | Health care providers, health plans and their business associates | Privacy and security safeguards and breach notification |
| **FTC Health Breach Notification Rule** | Many health apps and devices not covered by HIPAA | Notice to users and the FTC after a breach |
| **Gramm-Leach-Bliley Act** | Financial institutions, including many fintech companies | Privacy notices and a security program |
| **COPPA** | Services directed to children under 13, or that knowingly collect their data | Verifiable parental consent |
| **FTC Act** | Most businesses | Not misleading users about privacy or security |

Every state also has a data breach notification law. Which ones apply depends on where the affected people live, not where your company is.

Training an AI model on personal data raises its own questions, covered in [navigating AI training data acquisition and IP](https://arapackelaw.com/patents/ai-training-data-acquisition-ip/). Subscription businesses should also read [the FTC click-to-cancel rule](https://arapackelaw.com/startups/ftc-click-to-cancel-rule/).

## Data protection strategy and vendor management.

A privacy policy describes your practices. A data protection strategy is how you make them true.

### Data protection strategy

- **Data audits and mapping.** What personal data you collect, where it is stored and who it is shared with.
- **Classification and handling.** Procedures for each kind of data, in line with the rules that apply.
- **Minimization and retention.** Collecting only what you need and deleting it on a schedule.
- **Encryption and anonymization.** Advice on adding these layers to how you manage data.

### Third-party vendors

Your data protection is only as strong as the vendors you share data with. We review vendor contracts for privacy and data protection terms, build assessment questionnaires to check a vendor before you share data, and advise on data processing agreements. Those terms sit in the same contracts covered on our [business contracts](https://arapackelaw.com/contracts-agreements/) page.

### Employee training

We develop training on privacy practices and each employee’s role in protecting data, including data handling procedures and employee monitoring and workplace privacy.

## Plan for a data breach before one happens.

A prepared company limits the damage and keeps the trust of customers and partners. Notification deadlines can be short, so the plan has to exist first.

1. **Response plan.** Clear procedures for detecting, responding to and recovering from a breach.
2. **Tabletop exercises.** Simulated breaches so your team tests the plan before it is needed.
3. **Notification guidance.** Which people, regulators and partners must be notified, and when.
4. **Post-incident review.** Analysis and reporting so the same gap does not open twice.

Products that are also medical devices carry FDA cybersecurity duties, covered on our [FDA regulatory compliance](https://arapackelaw.com/fda-regulatory-compliance/) page.

## One flat fee, quoted before work begins.

There is no hourly billing. Your privacy work is quoted as a flat fee on your strategy call, once the scope is clear, and nothing starts until you approve it.

What sets the fee is the work itself, not the time on the clock.

- **The deliverable.** A privacy policy, a compliance program, vendor terms, an incident response plan or training.
- **The laws involved.** One state and US users, or several jurisdictions.
- **How much data mapping it needs.** The number of products, data flows and vendors.

Ongoing work for a growing company can run on a monthly [Fractional IP Counsel](https://arapackelaw.com/counsel-on-demand/) plan instead of one fee per document. This service is not covered by The RLG Guarantee, which applies to patentability searches, provisional patents, design patents and trademarks.

## From first call to a working privacy program.

What happens at each step and who does the work.

1. **Strategy call** (Day one). Free. Walk us through the deal, the documents or the problem.
2. **Scope and flat fee** (Flat fee). What the work covers and its price, in writing, before it begins.
3. **Data map and gaps**. What you collect, where it goes and which laws apply.
4. **Policies and contracts**. Privacy policy, internal procedures and vendor terms, for your approval.
5. **Ongoing updates**. Policy updates and compliance questions as laws and the product change.

## Questions about data privacy.

### What does a data privacy attorney do?

Works out which privacy laws apply to the data your company handles, drafts privacy policies and data terms, builds compliance programs and incident response plans, and reviews vendor contracts for data protection.

### Does my startup need a privacy policy?

If your website or app collects personal information from California residents, which most do, California law requires a posted privacy policy. App stores and many partners require one too. It must describe what you actually do with data.

### Does the CCPA apply to my startup?

It applies to for-profit businesses doing business in California that meet a threshold, such as annual revenue above a level the law sets and adjusts, handling the personal information of 100,000 or more California consumers or households, or earning half their revenue from selling or sharing it. Many early startups are below it, but other laws can still apply.

### Does GDPR apply to a US company?

It can. GDPR applies to companies outside the EU that offer goods or services to people in the EU or monitor their behavior, for example through tracking on a website aimed at EU users.

### Is my health app covered by HIPAA?

Only if you are a covered entity, such as a provider or health plan, or a business associate working for one. Many consumer health apps are not, but they can still fall under the FTC Health Breach Notification Rule and state laws.

### What should I do after a data breach?

Contain it, preserve evidence, and get advice on notification quickly, because state laws and contracts can set short deadlines. An incident response plan prepared in advance makes each of these steps faster.

### Can you guarantee my company is compliant?

No one honestly can, because laws change and regulators decide. What we do is identify the laws that apply, help you meet their requirements and keep your policies current as things change.

### How much does privacy and data protection work cost?

With us it is a flat fee, quoted on your strategy call before any work begins. It depends on the deliverable, the laws involved and how much data mapping your products need.

## More in Startup legal services

- [Startup legal services](https://arapackelaw.com/startups/)
- [Business formation and structure](https://arapackelaw.com/business-formation-and-structure/)
- [Contracts and agreements](https://arapackelaw.com/contracts-agreements/)
- [Cease and desist letters](https://arapackelaw.com/cease-desist-letters/)
- [Fractional IP counsel](https://arapackelaw.com/counsel-on-demand/)
- [FDA regulatory compliance](https://arapackelaw.com/fda-regulatory-compliance/)
- [Fundraising agreements](https://arapackelaw.com/fundraising-agreements/)
- [IP licensing agreements](https://arapackelaw.com/intellectual-property-licensing-agreements/)
- [Non-disclosure agreements](https://arapackelaw.com/non-disclosure-agreements-ndas/)
- [Technology transfer agreements](https://arapackelaw.com/technology-transfer-agreements/)

## Go deeper on data and compliance.

- [Navigating AI Training Data Acquisition and IP Implications](https://arapackelaw.com/patents/ai-training-data-acquisition-ip/)
- [SaaS Agreements: Developing A Strong Legal Foundation (Checklist Included)](https://arapackelaw.com/saas-startups/developing-strong-saas-agreements/)
- [New FTC Click to Cancel Rule Simplifies Ending Recurring Subscriptions](https://arapackelaw.com/startups/ftc-click-to-cancel-rule/)

[All SaaS startup articles](https://arapackelaw.com/category/saas-startups/)

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.