Nilou Massachi, Esq., CIPP/US

Nilou Massachi is a Senior Associate in the Data Privacy, Cybersecurity & Digital Assets Practice. She focuses her practice on data privacy and protection, advertising, sales and digital media practices, cybersecurity and consumer protection law, as well as technology, corporate, and commercial transactions.

A Certified Information Privacy Professional (CIPP/US), Nilou works collaboratively with clients to develop and implement information governance and privacy compliance programs. Counseling multinational companies across a variety of industries, she regularly evaluates privacy impact assessments, drafts policies and procedures to provide consumer data privacy transparency and choice, advises clients on data inventory and mapping, and negotiates privacy and data security provisions for multiparty commercial agreements, including data protection agreements.

In advising clients, she applies her in-depth understanding of state and federal privacy laws, including the California Consumer Privacy Act (CCPA) and similar laws passed in other states, the California Shine the Light Act, the California Online Privacy Protection Act (CalOPPA), the Video Privacy Protection Act (VPPA), and the Children’s Online Privacy Protection Act (COPPA). As privacy counsel, Nilou coordinates and leads the implementation of global privacy programs for international organizations subject to the CCPA and the EU General Data Protection Regulation (GDPR).

In her role, Nilou also represents clients in a variety of corporate, commercial, and technology transactions. She drafts and negotiates a wide range of customer and vendor agreements involving data, technology, SaaS providers, and other services. In doing so, she helps clients navigate legal complexities while advancing their business objectives.

Nilou also advises clients on advertising, marketing, promotions, sales practices, and e-commerce platform compliance. Her experience includes counseling on:

  • Licensing of user-generated content
  • Digital Millennium Copyright Act (DMCA) protections
  • Communications Decency Act (CDA) compliance
  • Clickwrap agreements
  • Customer testimonials
  • W3C accessibility standards
  • Buy flow processes
  • Terms of Use and Terms of Sale
  • Supply chain notices

She also counsels clients on conducting compliant contests, sweepstakes, loyalty programs, and recurring membership subscription programs in accordance with ROSCA and state automatic renewal laws. Additionally, she advises clients on email and text marketing campaigns under the CAN-SPAM Act and the TCPA, as well as digital advertising practices involving cookies, tracking technologies, cross-device interest-based advertising, and the collection of precise location data.

Nilou’s experience also includes counseling clients on developing incident response plans and responding to security incidents, including notification obligations and regulatory investigations.

 

 

 

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