Kelly Demarchis Bastide
Co-chair, Partner @Venable LLP
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WORK HISTORY
Co-chair, Partner @Venable LLP
DC, US
I advise and represent clients on issues related to privacy and data security. I concentrate on U.S. and global consumer data privacy and security issues and has extensive experience assisting clients in complying with state and federal privacy and security laws and industry best practices, such as the California Consumer Privacy Act (CCPA) and other U.S. State Laws, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act, the EU-U.S. Data Privacy Framework, state data breach notification laws, and laws applied to various marketing channels. Aside from legal compliance, much of my work helps companies and organizations think through data strategy applied to existing and novel technologies. Such questions have included topics as diver as generative AI, combining data sets post-merger or transaction, and implementation of various legal safeguards. A significant part of my practice consists of privacy assessment and remediation work.I work with clients across industry sectors and verticals, most notably automotive and mobility, consumer goods, EdTech, entertainment, and agriculture.I regularly represent clients in investigations and adversarial actions in front of the Federal Trade Commission, Congress, state Attorneys General, and other regulatory agencies and works with clients in a number of industries, including automotive, information services, adtech, risk management and fraud prevention, consumer goods, retail, and gaming. As always, I bring a risk-based approach to counseling work borne out of my enforcement experience.I am well-versed in translating the EU’s General Data Protection Regulation for US companies and organizations, especially nonprofit organizations.I sit on Venable’s Firm Counsel, responsible for our own privacy practices and I’m a member of WaaVe (Women Attorneys at Venable) and APEX (Asian-Pacific Excellence).
EDUCATION
Duke University
A.B., Philosophy, English
University of Virginia School of Law
Doctor of Law (J.D.)
ABOUT KELLY DEMARCHIS BASTIDE
Advise and represent clients on issues related to consumer data privacy and security, e-commerce, advertising, consumer protection, and online gaming. Provide actionable, business-friendly legal guidance to clients who process personal data, esp. when working with clients whose operations span data protection regimes in multiple jurisdictions. Represented dozens of clients in regulatory and government investigations and takes pride in understanding their practices to better advocate on their behalf.Extensive experience with European Union data protection, including the General Data Protection Regulation (GDPR), the United Kingdom GDPR, and the ePrivacy Directive.Advise on privacy and security laws and regulations that include federal and state unfair and deceptive trade practices laws; the California Consumer Privacy Act (CCPA) and the California Consumer Privacy Rights Act (CPRA); the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and state privacy bills; the Children\'s Online Privacy Protection Act (COPPA); the Health Insurance Portability and Accountability Act (HIPAA); the Fair Credit Reporting Act (FCRA); the Family Educational Rights and Privacy Act (FERPA); the financial Privacy Provisions of the Gramm-Leach-Bliley Act (GLBA); and state breach notification and security laws; also counsel on laws regarding advertising and e-commerce, laws governing remote gaming and gambling, and advising on disclosures in relation to endorsements and testimonials.My practice includes-Assessing the privacy practices of multinational companies and organizations against data protection laws and standards in multiple countries-Developing comprehensive privacy programs and standards for companies and organizations-Handling regulatory investigations before various federal and state government bodies-Reviewing and updating privacy policies, representations, and related practices to assess for risk and impact on new and ongoing business operations-Advising on the privacy aspects of corporate transactions-Handling all facets of a notifiable data security event, from initial advice through regulatory inquiries; and-Advising on compliance with various privacy and security laws, Federal Trade Commission guidance, and industry best practices.I am also Venable\'s privacy officer and a proud member of our APEX affinity group (Asian Pacific Excellence).
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