For Kyle Kessler, data privacy is where her passion for the law and for cutting-edge programs meets technology. With a background in marketing, public relations and communications, she translates marketing concepts into legal terms. Kyle brings more than a decade of business acumen and experience to her work, and companies turn to her for advice that blends practical business strategies with in-house and outside counsel perspectives.

As a privacy advisor, Kyle is undaunted by the complexity of state, federal and international data privacy and security requirements. She evaluates and advises clients on data collection, storage, use and transfer, as well as breach laws and regulations. Kyle advises on the Children’s Online Privacy Protection Act (COPPA), California Online Privacy Protection Act (CalOPPA), the new California Consumer Privacy Act of 2018 (CCPA) and on the EU General Data Protection Regulation (GDPR) from a U.S. perspective.

Kyle also advises and collaborates with her clients on general consumer protection and marketing/advertising matters. For instance, she regularly reviews marketing assets to ensure legal compliance across all channels. She also advises on unfair and deceptive trade practices, compliance issues relating to the Federal Trade Commission and the National Advertising Division (NAD) of the Better Business Bureau, the Fair Credit Reporting Act (FCRA), and the Gramm-Leach-Bliley Act (GLBA), as well as on other state and federal laws.

Before joining Orrick, Kyle was an in-house attorney at one of the Forbes 100 Largest Private Companies, and she has experience in the retail industry working in, among other things, data protection, incident response, unfair and deceptive trade practices and consumer-protection matters.

Kyle is an active member of the International Association of Privacy Professionals (IAPP), the LGBT Bar Association of Los Angeles and Women in Security and Privacy (WISP).

  • A representative selection of Kyle’s experience includes the following:

    • Privacy. Kyle counsels her clients on general issues related to web and in-store data collection, behavioral data, AI in biometrics and security, and multinational rules, regulations, privacy-by-design processes, and best practices governing privacy and security.
    • Compliance. Kyle conducts general privacy audits in connection with specific consumer-facing programs, and assists clients in developing internal and external privacy policies for employees and customers, as well as overall compliance programs.
    • Sales. Kyle has advised companies on print advertisements, product placement and media agreements, endorsements, credit card processing requirements, gift card governing regulations, loyalty programs, claim substantiation, and sales laws for both brick-and-mortar and online channels.
    • Consumer Protection. Kyle also assists clients in developing, implementing, and administering all aspects of promotions and customer-facing programs, including price comparisons, rewards programs, contests, and sweepstakes. She drafts terms and conditions that protect clients’ interests, and routinely reviews assets such as direct mail, in-store assets, websites, and banner advertisements related to promotions.
    • Marketing. Kyle counsels on marketing and advertising matters, using her experience in reviewing marketing assets in both digital and print, advertisement campaigns in all mediums and paid and organic social media, with emphasis in influencer programming. She also assists clients in developing disclosure frameworks that comply with privacy and marketing regulations.

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