Bolstering Your Business’s Cybersecurity
Chances are your business has some form of database that stores sensitive information. This might include employee, client, or project data, or, depending on the nature of your business, personal information collected from your customers. Ask yourself: What is currently standing between an unscrupulous actor and that crucial data?
No one expects to be the victim of a cyberattack until it is too late, and attempting to get together an effective legal response after the fact is daunting. Cyber criminals have become increasingly dexterous and adept at identifying and exploiting the vulnerabilities of individuals and businesses. Unfortunately, the majority of businesses must be prepared for the fact that the question is not “if” but “when” will they be the victims of a cyber incident.
If your business has not previously considered the extent of its cybersecurity obligations and the potential legal ramifications of a breach, there is no better time to start. In addition to the obvious business interruption of a breach, suffering a cyberattack can result in a legal storm of regulatory inquiries and lawsuits, not to mention a potential PR crises and loss of consumer and client trust, and potential damage to your business’ proprietary information.
Our New York cyber law attorney can assist your business’s cybersecurity incident response planning in the following areas:
- Analysis of existing cyber liability issues. Anticipating risk is a key element of protecting your business in the event of a cyberattack. Not only must your front-end security be up to task, but you could be liable for your partners or vendors cybersecurity programs as well. Our team can work with you to perform a thorough review of your business’s security plan and cyber incident response plan to ensure it addresses legal compliance and liability. We can also evaluate your relationships with partners and third-party vendors to identify and address your legal liability related to a breach of their systems. We can also evaluate your data collection, retention and destruction policies, or help you to create them, to ensure you are not unnecessarily, or illegally, collecting and maintaining data that could be compromised in a breach and subject your business to further legal peril.
- Identification of and addressing third-party vendor legal liability. A wide range of cybersecurity planning focuses on your own program and how to ensure your business’s legal compliance. Regulatory and legal focus, however, is also directed at how well you address and plan for a third-party vendor’s cybersecurity planning and how it can affect the data that you share with them. When you share your data with a third party, you can remain liable for what happens to that data, even if you are not responsible for its compromise. We can help you take a hard look at your vendor contracts and relationships, including an evaluation of what types and how much data you are sharing with them.
- Assessment, Testing and Drafting of your Cyber Incident Response Plan. It is important to have a well thought out and regularly tested cyber incident response plan ready to go. If you are the victim of a cyber incident, you will need an effective and legally compliant response plan ready to go into action. Looking up what laws and legal notifications need to be sent, while trying to determine the extent of the incident is not ideal. Planning for and addressing these issues beforehand will put your business in the best possible position to respond to the incident and prepare for the legal aftermath. We can help you evaluate your existing plan, participate in testing of the same and draft any necessary updates. Or if this is all new to you, we can start from scratch and help you organize your incident response team, write your cyber incident response plan, and help to get regularly testing of it in place.
- General Cyber Legal Help. This area of law is constantly evolving and you may have a unique cyber legal concern that is novel or emerging. We are available for legal consultation to identify and address any unique or emerging legal issue in the cyber realm and can utilize our thought leadership to advise on the best possible legal solution.
- Legally Compliant Training. Your employees and team need to be aware of the threats and legal liabilities that your business faces. You may also have a need to ensure that your team is properly training on their legal obligations regarding cybersecurity, data collection and management or a host of other legal issues. If your workforce requires new or renewed legal education and training, we can custom tailor a program specific to your needs.
- Internet of Things (“IOT”) Legal Liability Evaluation. IOT is bringing cybersecurity concerns into the physical world. Today cyber breaches can not only compromise the safety of your data, but it can also cause real world physical pain and harm. Perhaps you are a manufacturer of an internet connected toy or you are a seller of the latest online enabled gadget, your liability is no longer limited to traditional tort liability, but could now involve privacy and cyber liability. We can help you evaluate how you are addressing these issues and put the appropriate controls and disclosures into place to ensure you plan for and address your potential IOT cyber liability.
- Outside general counsel services. In-house attorneys are being stretched thin and may not have the time or expertise to focus on the constantly changing cyber and privacy law landscape. We can provide targeted cyber and privacy law support to your in-house team on a wide variety of issues or projects. Or if you don’t have attorneys in house, we can provide more robust, ongoing general counsel support. This may be necessary, even for smaller businesses, especially if your company frequently handles confidential, private information and needs to remain in compliance with privacy and cyber laws involving the handling of sensitive data. Our firm can be retained for outside general counsel services for all areas involving cyber law, privacy law concerns, and corporate training.
Do Not Wait to Protect Your Business from the legal fallout from a Cyber Incident
Businesses of all sizes are vulnerable to a cyberattack. Whether it be the theft and sale of confidential data or the destruction of company digital property, cyberattacks can cause lasting, permanent damage and a host of legal problems if you are not adequately prepared. Our New York cyber law lawyer at Giblin Law PLLC is prepared to help your business proactively enhance your preparation and readiness to legally respond to a cyberattack. Our firm has an intimate knowledge of the relevant laws that govern your data privacy and cyber obligations and how to put you in the best legal position possible if you are the victim of a breach. No matter the scope or nature of your business, we are determined to give you the guidance that your business needs to manage your cyber liability.