As a technology attorney, one of the areas in which my legal practice has grown dramatically is the Internet of Things or what is also known as IoT. Truth be told, I’m not sure there is an agreed upon definition of what clearly defines IoT. I’m not here to try and define something which I believe is too big to define. Rather, I’m going to dive into how the Internet of Things has dramatically effected both our lives and the workplace from a legal perspective.
As a leading IoT attorney, Andrew provides legal advice, counseling and services nationwide across the United States and globally and worldwide to IoT startups, entrepreneurs, end users, clients, software providers, vendors, ecosystems, device manufacturers, emerging growth companies, big data & analytics platforms located in New York, New Jersey, Connecticut, Florida, North Carolina, Pennsylvania, Atlanta, Georgia, Ohio, Denver, Colorado, Texas, Idaho, Los Angeles, San Diego, San Jose, San Francisco, Silicon Valley, California, Seattle, Alaska, Arizona, Chicago, Illinois, Provo, Salt Lake City, Utah, Hungary, Belarus, Lithuania, Europe, UK, London, Ireland, Scotland, Paris, Rome, Madrid, Barcelona, Berlin, Germany, Amsterdam, Poland, India.
Think about the fact that ten years ago there was no such thing as a Fitbit or drones or wearables. One of the resulting consequences that has occurred with the proliferation of devices and Fitbits and other IoT devices is the sheer amount of personal data and information being generated by individuals, consumers and employees, which such data in turn is being collected by SaaS providers, some of the best technology companies and even employers.
As an experienced IoT Lawyer, Andrew spends a substantial amount of time providing legal advice to leading, innovative and disruptive IoT startups, entrepreneurs, end users, clients, software providers, vendors, ecosystems, device manufacturers, and application and solutions companies on the legal issues and challenges faced by businesses with regard to IoT privacy, security, and data ownership issues surrounding Internet of Things devices. For starters, all of the personal data, PII and confidential information being gathered by IoT devices is raising privacy concerns. One of the reasons there is so much confusion about collection of data, privacy and security is because there does not exist a well defined set of rules or regulations governing the IoT. Since the IoT encompasses an entire value chain of hardware, software, and services, certain data ownership issues may arise among different parties, including the device manufacturers, software providers, end users.
There is not a week that goes by where the news does not report a breach or security issue with some sort of technology. The same holds true for IoT. With all these new devices and connectivity there is bound to be security failures and new privacy concerns that will be raised about all of this data that is being collected. What about the fact that many hardware, software and other services form this chain that goes into developing an IoT device and inevitably questions will arise as to who owns the data being collected, what will these companies do with the this information and will this spawn a host of new litigation?
The other thing about these IoT devices is that there is a lot of different types of information and personal data being generated by many different devices. Specifically, while some employers are requesting that employees use wearables such as Fitbits to get or stay in shape to reduce sick days or insurance premiums which are all positives what is to stop an employer from taking this data for nefarious reasons such as building an algorithm from all the employee data it collects and making predictions that some employees will be less productive and thus should be terminated. I can tell you from my days as an employment litigator representing employees that if an employer collected data about my client’s health and turned around and it used it as a basis for termination that employer would be engaged in illegal activity.
I’m not waiting around for one of my clients who licenses SaaS software to a customer to be sued by a third party claiming that the data collected by my client’s customer was sold or used by the customer or a third party for an improper purpose. In furtherance of protecting user data and information, not a week goes by that I am not drafting documents for clients such as website terms and conditions, privacy policies, security policies, data retention policies and/or crafting language built into SaaS agreements which spells out unambiguously what my clients’ customers or third parties are permitted to do with the vast amount of data being collected by the use of my clients’ SaaS Software. I also work on disclosures about what my clients and their customers can do or not do with the information being collected from individuals or consumers. Specifically, I might draft language that states that the data collected will not be sold to any third parties without the consent of the user.
In short, I try to make sure that no party using my clients’ software can do anything other than use the data in the use of the software. For example, if the SaaS Software deals with HR issues and collects personal information about the employees of a company using the software the only manner the company can use the data is in the use of the Software. Some companies or someone in this company could get the bright idea to sell this valuable data to a third party which would probably lead to lawsuits.
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Andrew S. Bosin, Esq. is a Technology and SaaS Attorney located in New Jersey with a National law practice. Andrew can be reached at 201-446-9643 or andrewbosin@gmail.com