Kelly DeMarchis Bastide

Partner
Kelly Bastide

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)
  • Federal and state unfair and deceptive trade practices laws
  • Children's Online Privacy Protection Act (COPPA)
  • Fair Credit Reporting Act (FCRA)
  • State breach notification and security laws
  • Financial Privacy Provisions of the Gramm-Leach-Bliley Act (GLBA)
  • Electronic Communications Privacy Act (ECPA)
  • Other related federal and state laws

She offers counsel regarding e-commerce statues, such as:

  • Computer Fraud and Abuse Act
  • Electronic Communications Privacy Act
  • Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM)
  • Electronic Signatures in Global and National Commerce Act (E-SIGN)
  • Communications Decency Act
  • Stored Communications Act

Kelly’s experience also includes navigating the laws governing remote gaming and gambling.

Experience

Representative Matters

  • 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

Insights

Credentials
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Education

  • J.D. University of Virginia School of Law 2004
    • Business Editor, Virginia Environmental Law Journal
  • 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 Pennsylvania