Pro Bono Partnership of Atlanta

Technology

How to Navigate Technology and Clickwrap Agreements

Does your nonprofit review the “Terms and Conditions” before signing up for a new technology service or to license software? It may seem like you have no options but to hit “I Agree”. In this webcast, Josh Ganz and Maha Khalaj with Kilpatrick Townsend, will help your nonprofit understand your options and what to look out for in these “click wrap” agreements as they discuss:

  • Which contract terms might be negotiable,
  • Tips on how to retain control of your nonprofit’s data,
  • Ways to mitigate risks internally, and
  • Options if your nonprofit needs to terminate a technology services agreement.

Speakers: Josh Ganz, Partner, & Maha Khalaj, Associate, Kilpatrick Townsend & Stockton LLP

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What Nonprofits Should Know about Managing Cybersecurity Risk

A cyber-attack at your nonprofit is not a question of IF, but a question of WHEN.  When it does happen, it could be small, or it could be devastating.  Most standard commercial general liability insurance policies do not cover liability for cybersecurity issues.  From strong internal controls to cybersecurity insurance, this article outlines the many options your organization has to minimize the impact of a cyber-attack.

Cyber-Insurance-for-Nonprofits

Webcast: Data Breach Prevention, Detection & Response

Data breaches are becoming more and more common. Whether the incident is “newsworthy” or not, the impact to your nonprofit’s reputation or the ability to operate can be severely impacted through a data breach. So what does it mean if you, or one of your vendors, is the victim of a security breach? In this webcast, our speaker will discuss:

  • The difference between an incident and a breach;
  • What steps a nonprofit should proactively take to minimize risks;
  • How to respond if you receive notification of a vendor’s breach;
  • How to navigate the stages of a breach.

Speaker: Ami Rodrigues, Privacy Counsel, Coca-Cola and Toni Igbenoba, Attorney, Upwork

View the webcast

Slides – Data Breach

Slides - Data Breach

Is Your Website Required to Be Accessible to Disabled Individuals? Recent Case Says “Yes”

Title III of the Americans with Disabilities Act (“ADA”) requires organizations to make reasonable modifications to policies, practices, and procedures in order to make their goods and services available to people with disabilities. While this provision has historically been applied to physical “brick-and-mortar” facilities, some courts, including the 9th Circuit Court of Appeals in a recent case, and the United States Department of Justice (“DOJ”) are now interpreting the provision as applicable to commercial websites that offer goods or services for sale, including nonprofit websites where goods or services are sold. In addition, private attorneys have been filing lawsuits to challenge the lack of accessibility of commercial websites.

Website Access

Article- Website Accessibility Under the Americans with Disabilities Act 3-19

Webcast: Avoiding Fraud And Cyber Risk From Inside and Outside Your Nonprofit

You have heard the stories: “Unsuspecting employee gives company bank information to hacker, Company loses millions!” As you read this, you think cybercrime and embezzlement would never happen within your nonprofit. Or could it? In this webcast, John & Anush talk about fraud and your nonprofit, including concerns such as:
• How to detect potential fraud.
• What to do if you suspect there is fraudulent behavior by an employee.
• What to do if you receive a suspicious email.
• Oh no, we were duped! What to do after the fraud has occurred.

View the webcast here.

Slides – Fraud and Cyber Risk

Slides- Fraud and Cybersecurity

New Privacy Rules and Nonprofits – What You Can Do Now

In everyday media, privacy is the buzz word. Organizations have been nervously busy for some time understanding which privacy rules apply to their businesses. Often more than one regulation applies. In 2018, the European Union adopted the General Data Protection Regulation (GDPR), data privacy regulations which are influencing data privacy rules and practices in the United States and internationally. California also has a new privacy law to consider. This article outlines some practical privacy compliance program considerations for smaller organizations.

Privacy Rules Basics

Article - New Privacy Rules and Nonprofits – What You Can Do Now

Webcast: Best Practices in Accepting Credit Card Payments

Nonprofit organizations frequently accept credit cards for donations and/or sales, either directly or through third parties. This webcast will provide guidance regarding the regulations with which you are required to comply in accepting such cards. The speaker will provide an overview of:
– the various participants in the credit card networks and processes;
– the Payment Card Industry (“PCI”) data security standards for merchants accepting credit cards; and
– guidance regarding how to minimize liability as a merchant.

Speakers: Sean Christy, Bryan Cave and Tim Carlton, Bryan Cave

Please click here to view the webcast.

Slides: Best Practices in Accepting Credit Card Payments

Slides: Best Practices in Accepting Payment Cards with PBPA Info

Webcast: How to Use Email Marketing Without Violating the Law

So many emails, so little time. If you’ve ever wanted to solicit donations or invite donors to your next fundraiser with a simple email, this is the session for you. Advertising laws, such as the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), govern how businesses, even nonprofits, use email marketing.

During this 30-minute webinar, we’ll consider:

• Who can you email, and do you have to permit them to unsubscribe from your mailing list?
• Key aspects of the law and how it applies to your communications plan.
• How can you ensure your organization stays compliant?

Speaker: Heather Howdeshell, Delta Airlines

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Webcast: Data Privacy: Protecting Personal Information Collected by Nonprofits

Nonprofit organizations collect, store, and use personal information from members, donors, employees, volunteers, business associates, and the constituents they serve. This webinar will address data privacy risks, obligations, and best practices, focusing on electronic data, but applicable also to “paper” records. We will discuss:

• prudent information governance;
• data breach and incident response; and
• risk mitigation and “cyberliability” insurance.

Presenter: Candice DeCaire, Kilpatrick Townsend

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Data Security: Important For All Organizations

Data breaches seem to be in the news constantly. While the press tends to go to mega data breaches like Target, Ashley Madison, and Anthem, data breaches can—and do—occur at organizations of all types and sizes. Nonprofits, including small nonprofits, almost certainly have personal information that needs to be secured, including credit card and other payment information from donors and payroll and tax information (including Social Security numbers) from employees.
Breaches (as simple as a stolen laptop) can result in legal liability and damage to the organization’s reputation. The new article on our website identifies ten steps that a nonprofit can take to help protect the personal information it holds.

Read the entire article by clicking here.

Data-Security

Data Security for Nonprofits: 10 Security Steps to Consider

Data security and data breaches seem to be in the news constantly. While most of the press tends to go to mega data breaches involving millions of potentially affected individuals, data breaches can—and do—occur at organizations of all types and sizes. Nonprofits, including small nonprofits, almost certainly have personal information about donors, employees, volunteers and clients that needs to be secured. This article identifies ten steps that a nonprofit can take to help protect the personal information it holds.

Data Security for Nonprofits

Article: Data Security Is Important for All Organizations, including Nonp-Profits: 10 Security Steps to Consider

Webcast: Avoiding the Legal Pitfalls of Using Photos

Photographs promote a nonprofit’s operations unlike anything else. They can be used on websites, in brochures and newsletters, and on social media to demonstrate what an organization is doing in its community. Confusion, however, abounds on when an organization can use photographs legally and under what circumstances.

During this 30-minute webinar, our speaker helps nonprofits understand:

• Basic considerations in using a photograph of people;
• An organization’s rights in using a photograph; and
• How to avoid legal problems when using photographs.

Presenter: John Bush, Bryan Cave

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Avoiding the Legal Pitfalls of Using Photos slides

Want to regulate what your employees say on social media? Check with a lawyer first.

After a frustrating day at work, an employee comes home, logs onto Facebook, and posts on her wall that she hates her boss, her co-workers are incompetent, she doesn’t get paid enough, and she works too many hours. When her boss learns about the posting, the employee is fired. Under federal labor laws, this firing might be illegal.

With the use of social media on the rise, employers are facing the difficult decision of what to do when employees discuss work-related issues on social media. This is especially a concern for nonprofits, which rely on public image and trust to remain sustainable. In each situation, employers must react carefully so as to not tread on employees’ rights under federal law. This new article on our website discusses recent actions by the National Labor Relations Board concerning discipline or termination of employees for social media postings and suggests best practices for employers to avoid problems.

Social Media Regulation

Social Media NLRA Legal Alert