Experience
Marketing and Sale of Life Insurance Products
Advising life insurers and producers developing an all-digital engagement process for the marketing and sale of life insurance products, including:
- counseling on process flow and placement of notices and consents for acquiring data from and sharing data, with third parties for transactional and marketing purposes;
- drafting notices and consents, website terms and conditions, and privacy policies that take into account state insurance laws and GLBA and HIPAA requirements and exemptions;
- negotiating with third party vendors of consumer data and algorithms used in the underwriting process;
- counseling on state insurance requirements applicable to website and social media marketing;
- addressing various means of obtaining consents and signatures, including the use of check-boxes, voice signature, and third-party electronic signature vendors;
- developing processes for electronic delivery of policy documents and advising as to when paper delivery is required; and
- advising regarding notices and consents for voiceprint programs.
Digital Marketing and Targeted Advertising
Advising insurance, financial services, health care, retail, and other clients on the use of digital engagement tools and marketing campaigns including their use of website tracking technologies (e.g., session replay technology, website analytics), and digital advertising partnerships (e.g., use of Google Analytics, Google Ads, Meta Pixel, and LinkedIn Insights Tags). We address:
- implications of various tool settings and compliance steps, including website disclosures. related to the same;
- data processing agreements, including scope, use of aggregate and/or deidentified data, responsibilities and indemnification surrounding data security and associated incidents, cross-border data transfers, and cyber insurance.
Digital Engagement
For clients across various industries seeking to digitally engage with consumers:
- drafting website and mobile app terms of use, privacy policies, and cookie banners;
- advising as to data collection, access, storage, disclosure, and transfer, including sharing among affiliates, service providers, joint marketing partners, and other non-affiliates, including:
- consumer notices and consents;
- GLBA and HIPAA exemptions within various privacy laws and implications of the same across affiliates and lines of business.
- negotiating contracts with third party data providers;
- counseling regarding the use of verbal or other electronic signatures;
- advising as to digital delivery of documents and consent to same; and
- collection, use, and/or disclosure of biometrics (e.g., voiceprints, facial analysis), including consumer notices and consents.
Electronic and Data Management
Advising clients regarding ongoing electronic and other data management, including:
- drafting policies and procedures for processing consumer privacy requests, including data subject requests to know, access, correct, delete, and/or limit use or sharing;
- drafting policies and procedures related to data retention; and
- cybersecurity obligations, both preventative and in response to suspected and confirmed incidents.
Regulatory Oversight and Litigation
Counseling regarding regulatory examinations, enforcement actions, and litigation associated with the above (e.g., pursuant to federal securities laws, the Americans with Disability Act, HIPAA, Video Privacy Protection Act, Illinois Biometric Information Privacy Act, state consumer protection laws, and state insurance laws).