AI-Powered Privacy Contracting Solution

We offer an AI-powered solution that dramatically reduces the time and cost of marking up Data Processing Agreements saving clients up to 75%

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BLG attorneys

BLG attorneys represent clients in technology transactions, real estate, and other vendor contract-related matters, including the following business activities.

The Problem

Privacy laws worldwide (including many states in the US as well as Europe and the UK) require that organizations agree to a compliant Data Processing Agreement (DPA) with each vendor, client or other counterparty.

To achieve this compliance, each organization must engage in an often difficult, time-consuming and expensive manual process of marking up and negotiating each unique template DPA.

We have analysed the data of the thousands of DPAs that we have marked up and found that on average, it takes 7.5 hours for a seasoned lawyer to manually mark up each DPA when starting from a counterparty’s DPA template.

In-house lawyers handling DPA mark-ups are spending valuable time on these mark-ups instead of handling higher value matters. Legal budgets used for outside counsel handling DPA mark-ups are not being deployed to maximize value to in-house legal departments and their stakeholders.

These mark-ups are time-consuming primarily because:

Counterparties often insist on using their own template for DPAs.

Many counterparty DPA templates fall short on complying with global privacy laws and may contain commercially damaging terms.

Each counterparty DPA template comes in a different form, format and order, and may include inappropriate legal and business terms.

Counterparties will often only entertain mark-ups that make limited surgical changes to the counterparties’ preferred DPA wording (i.e., the common practice of cutting and pasting chunks of text from a client’s template significantly slows down the negotiation).

The Solution

Bortstein Legal Group has taken its extensive knowledge, know-how and expertise from having marked up and negotiated thousands of DPAs and has trained AI to quickly produce automated and reliable mark-ups of DPAs.

The AI has been trained by Bortstein Legal Group to mark up DPAs:

To achieve compliance with the legally required terms that must be included in a DPA as required by global privacy laws.

To mitigate commercially damaging issues that appear in vendor DPAs.

To make surgical amendments that are more likely to be accepted by vendors.

Benefits for clients of the Privacy Contracting Solution over a manual approach

Quality

The same quality of work is guaranteed as when the Firm does the work manually – all AI generated mark-ups are reviewed and refined by an experienced privacy lawyer.

Speed

The mark-up can be produced in a matter of hours instead of days.

Cost-Effective, Cost-Predictable

Fixed fee pricing for each mark-up produced. Volume discounts available.

Leverage for In-House Counsel and Other Legal Professionals

In-house lawyers and other legal professionals may decide to take the negotiation forward without Bortstein Legal Group’s help or engage the Firm to help.

Easy Process

All a client needs to do to receive the benefit of the Privacy Contracting Solution is email Bortstein Legal Group the counterparty’s DPA and then receive an email back with a DPA mark-up attached.

No need for integrations like APIs, or for clients’ in-house lawyers and other legal professionals to learn any new technology or workflows.

Continual improvement

We will continue to update the training behind the solution as global privacy laws and market standards continue to develop and change.

Please contact us if you would like to learn more.

Benjamin Ross

Global Head of Privacy & Cybersecurity
bross@blegalgroup.com
+44(0)20 3409 7035

Beth Anisman

Managing Partner
banisman@blegalgroup.com
+1 646-240-4871

Email

privacy@blegalgroup.com

FAQs regarding the use of AI

Confidentiality

Documents processed by AI will be the counterparty’s standard DPA (often available on websites); any references to the client or any commercial details will be removed first.

No training data

The client’s risk appetite and desired positions will not be used to train the AI; only Bortstein Legal Group’s knowledge, know-how and experience is leveraged, just as with traditional legal advice.

Leading AI Provider

Bortstein Legal Group has partnered with The Contract Network, a leading provider of legal AI in order to be among the first to create this solution for marking up DPAs.

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