If your business experienced a data breach today, would you be prepared?
As leading cybersecurity attorneys in Seattle, we know that a serious data breach can devastate your business in numerous ways. Luckily, we have the tools and resources to help you mitigate damage and ensure compliance. Schedule a consultation to learn more .
It’s no secret that data breaches are increasingly common. So common that the newsworthy element of a data breach story typically isn’t even the breach itself but rather how it’s handled. Ultimately, being involved in a data breach isn’t what eviscerates public perception — it’s the company’s botched response.
While implementing robust data protection measures goes a long way in preventing a breach, the reality is that no data privacy strategy is foolproof. The best way to protect your business from a devastating data breach is by conducting data breach response planning long before you need it.
A data breach response plan is a document that establishes exactly how your company will react and respond to a data breach. To be effective, it needs to be meticulously and expertly crafted, accounting for every contingency and possible series of events. When designed correctly, a response plan positions your business to address and correct a breach before it becomes unmanageable.
If you’re a Seattle business owner, creating an effective data response plan is critical to your company’s longevity. Unsure how to get started? Don’t worry — the cybersecurity and data privacy attorneys at By Design Law are here to help. In this article, we will provide an essential response planning checklist for Seattle businesses and explain why hiring a cybersecurity attorney is a critical aspect of data security.
Assemble a Data Breach Response Team
The effects of a data breach are far-reaching, which is why an effective response requires input and cooperation from various parties. When assembling your data breach response team, it’s important to include members of your IT, public relations, human resources, upper management, and legal teams.
After you’ve established a team, you will need to assign roles and responsibilities, such as communications lead, technical expert, etc. Once each team member’s role is clearly defined, you can begin the process of training them on how to conduct their respective duties.
Create an Incident Response Plan (IRP)
Next, you will need to establish an overarching incident response plan, as well as corresponding plans for each team. Depending on your business and the types of data you handle, an incident response plan may involve various elements. Here are a few of the essential characteristics:
- Identifying critical assets, vulnerabilities, and potential threats
- Implementing monitoring tools for early detection, scope, and impact
- Establishing procedures for immediate containment of the breach
- Developing mechanisms to eliminate the breach’s root cause
- Creating a plan to restore affected systems and services
- Conducting a thorough post-incident review to improve future response efforts
This is not an exhaustive list. A thorough response plan will include additional steps that are specific to your organization.
Maintain Compliance with Reporting Obligations
In the chaos of a serious data breach, you must maintain compliance with laws and regulations that dictate your reporting obligations. For Seattle businesses, compliance laws include the following:
- Washington State Data Breach Notification Law. According to RCW 19.255.010 , businesses involved in a data breach must notify affected individuals and the Attorney General promptly.
- Federal regulations. Depending on your industry, you may be required to follow compliance instructions outlined in federal regulations and laws such as HIPAA, GLBA, and others.
- International regulations. Businesses that handle data from international clients must comply with relevant international data protection regulations, such as the European Union’s General Data Protection Regulation (GDPR).
As a business owner, it’s your responsibility to understand which state, federal, and international regulations apply to your business, as well as the reporting requirements for each.
Establish a Comprehensive Communication Plan
One of the most important aspects of an effective response plan is a detailed communication strategy. Yours should include protocols for internal communication, such as for notifying employees and internal stakeholders, as well as a plan for external communication. Preparing templates and guidelines for how to communicate with affected individuals, media, and regulators can be invaluable. Lastly, your communication plan should include a roadmap for managing public perception and ways to mitigate reputational damage.
Talk to Third-Party Vendors
Although a top-tier data protection strategy goes a long way in preventing a critical breach, it isn’t immune to third-party security failings. When devising your response plan, it’s important to talk to your third-party vendors about their data security practices and evaluate their effectiveness. Ensuring your vendor contracts include provisions that address data breach notification and response can provide you with an additional layer of protection.
Partner with an Experienced Cybersecurity Attorney
At the end of the day, this checklist is not exhaustive — it covers the basic necessities of an effective data breach response strategy. Ultimately, the best approach for your business requires expert legal insight and knowledge about legal compliance, risk management, incident investigation, and more. Luckily, you don’t have to do it alone.
When you’re ready to create a comprehensive data breach response plan that accounts for every contingency and interest, the cybersecurity and data privacy attorneys at By Design Law can make it happen. Reach out to us online to schedule a consultation with a knowledgeable Seattle attorney today.