Kyle Kessler guides emerging and established clients navigate the increasingly complex global privacy and cybersecurity regulatory landscape. She develops comprehensive privacy and cybersecurity programs and is highly skilled at providing thoughtful and pragmatic advice to U.S. and international clients.
Kyle advises public and private companies across several sectors, including life sciences and health technology, financial services, private equity, social media and technology on a range of EU and U.S. federal and state privacy laws. Kyle’s strategic counseling advice includes, but is not limited to:
- U.S. state privacy laws in California, Colorado, Connecticut, Utah and Virginia (CCPA, CPRA, CPA, CTDPA, UCPA, VCDPA)
- Consumer health privacy laws, including Washington’s My Health My Data
- US data broker laws, including California's Delete Act
- Children's Online Privacy Protection Act (COPPA)
- Computer Fraud and Abuse Act (CFAA)
- Contest and Sweepstakes Laws
- Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)
- Electronic Communications Privacy Act (ECPA)
- Europe (EU) General Data Protection Regulation (GDPR)
- EU e-Privacy Directive
- UK's Age Appropriate Design Code (Children's Code)
- False, Misleading, or Deceptive Acts or Practices
- Federal Trade Commission Act (FTC)
- Health Insurance Portability and Accountability Act (HIPAA)
- Health Information Technology for Economic and Clinical Health Act (HITECH)
- Restore Online Shoppers' Confidence Act (ROSCA)
- Retail Sales Laws
- Advertising and Payment Card Self-Regulatory Frameworks
- State Breach Notification and Security Laws
- Telephone Consumer Protection Act (TCPA)
Kyle works with clients to develop internal privacy and security compliance programs, including assisting with privacy audits and data mapping, valuating privacy and security risks in corporate transactions, advising companies through the full pre-IPO and post IPO diligence cycle, drafting and negotiating data-related vendor and arrangement contracts, meeting with teams to assist with privacy by design, developing internal and external privacy policies for employees, customers, and contractors, drafting and training on the implementation of consumer rights requests, and developing comprehensive security programs and policies.
She partners with her clients to provide practical business counsel, with an in-house and outside counsel perspective. She regularly counsels startups and tech companies through the funding life cycle, or in connection with the launch of innovative technology, products, or platforms. Kyle's background in marketing, publication relations and communications enhances the consumer protection support she provides clients. She drafts disclosure and consent frameworks in compliance with privacy and consumer protection regulations. Kyle also helps develop, implement, administer regulatory compliance programs for all aspects of promotional and customer-facing activities, including:
- Contests and sweepstakes
- Direct mail, email, in-store and online, social media and text messaging advertisements and marketing campaigns
- Gift cards
- Influencer and social media agreements and endorsements
- Price comparisons
- Print advertisements and product placements
- Reward and loyalty programs
Kyle is active in the LGBTQ+ community and helps lead Orrick's LGBTQ+ Attorney Affinity Group. She was also selected to participate in the Leadership Council on Legal Diversity's (LCLD) 2022 Pathfinders Program.
Before joining Orrick, Kyle was an in-house attorney at a company named to Forbes' 100 Largest Private Companies list.