Why Your Company Needs a Breach Response Plan: Key Decisions You Must Make Following A Data Breach

Companies must be prepared for a data breach. It is just a fact of life, plain and simple.

The developing standard of care requires that companies give some thought to how they will respond when the inevitable occurs — and they really, really, really should have a written Incident Response Plan in place. This is part of the basic “blocking and tackling” that I often help companies with, before there is an incident, and, in the big scheme of things, it is not an expensive process.

Remember the lesson of my video: you don’t drown from falling into the water, you drown from failing to get out. This is a big part of how you get out!

Recently, I read an excellent article that discusses Incident Response Decision Making, by Chris Pogue. Pogue discusses 7 key decisions that a company must make following a data breach.

Some of these 7 key decisions are not only things that may be planned out ahead of time, but they are also things that should be included in a written Incident Response Plan. Then, when the inevitable occurs, you are not running around trying to think of what to do–IN A PANIC! 

Instead, you already have a plan in place and are ready to execute that plan, carefully and methodically, to protect your company. And, by the way, the answer to the first question is ALWAYS YES!

  1. Should We Retain External Legal Counsel?
  2. Should We Bring In External Forensics Experts?
  3. Should We Engage Law Enforcement?
  4. How Should We Respond to Media Enquiries?
  5. What Should We Tell Our Executives, Investors, and Board of Directors?
  6. What Should We Tell Our Customers?
  7. Should We Pursue or Protect?

Incident Response #3: Decision Making by Chris Pogue (@cpbeefcake)

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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