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Top Ten IT Legal Issues for the Enterprise
1. Top Ten IT Legal Issues for the
Enterprise
Brad Frazer
bfrazer@hawleytroxell.com
208.388.4875
@bfrazjd
INTERFACE Boise
September 5, 2013
2. Introduction
• Legal and IT Inextricably Combined
• Issue Spotting Guide
• Key Take-Aways (“KTAs”) on each
slide
• Objective: to help you have
defenses when your company get
sued
3. BYOD/Mobility
• Threats: Increased opportunities
for mischief. Examples: warranties,
contract terms, SoMe
• KTA: Top-down employee control
via HR, IT and Legal
4. Privacy
• Threats: Disclosure of PII
• Caveats: HIPAA, GLB, COPPA
• KTA: Know relevant regulatory
environment; implement and
follow policies
5. Big Data and Data Ownership
• Threats: Who owns the data?
• Why do you care? $$$$$
• KTA: Clear policies regarding data
ownership; ties in to Privacy Policy
6. Social Media Policies
• Threats: Defamation, trademark
infringement, copyright
infringement
• KTA: DNMYWGS, but creates a
defense
7. Cloud/SAAS Versus Traditional
Licensing
• Threats: Not knowing what you
have creates operational, merger,
exit difficulties
• KTA: Is it a license or a
subscription agreement? They are
different!
9. The Idaho Cloud Services
Clarification Act
• Threats: Sales and Use Taxes on
Cloud-based Services
• KTA: New legislation defines cloud
services as “not software”
10. Data Backup and Security
• Threats: Regulatory violations;
litigation
• KTA: Don’t promise what you
cannot deliver (contracts, SLAs)