Kelly DeMarchis Bastide advises and represents clients on issues related to consumer data privacy and security, and e-commerce. Kelly counsels on compliance with federal and state marketing, e-commerce, privacy, security, and advertising laws and regulations.
She has extensive experience with European Union data protection, including the General Data Protection Regulation (GDPR), the ePrivacy Directive, and the EU-U.S. Privacy Shield.
In addition, Kelly frequently advocates on behalf of clients in ongoing regulatory compliance matters and investigations in the areas of privacy, data security, and consumer protection and is involved in matters before the Federal Trade Commission (FTC) and state attorneys general. Kelly advises clients on privacy and security laws and regulations that include:
- California Consumer Privacy Act (CCPA)
- Children’s Online Privacy Protection Act (COPPA)
- State breach notification and security laws
- Financial Privacy Provisions of the Gramm-Leach-Bliley Act (GLBA)
- Electronic Communications Privacy Act (ECPA)
She offers counsel regarding e-commerce statues, such as:
- Computer Fraud and Abuse Act
- Electronic Communications Privacy Act
- Electronic Signatures in Global and National Commerce Act (E-SIGN)
- Communications Decency Act
- Represented a major Internet retailer in an FTC investigation and litigation surrounding in-App purchases for mobile applications
- Represented a major media company in an advertising disclosures-related issue
- Represented a leading provider of data services in an FTC investigation of its data security practices. The matter closed with no enforcement action
- Represented multiple data brokers in response to an FTC 6(b) inquiry.
- J.D. University of Virginia School of Law 2004
- A.B. Philosophy and English Duke University 2000
Bar Admissions : District of Columbia, Pennsylvania
Court Admissions :
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Western District of Pennsylvani
Rate : $$$