Data Breach and Cyber Attack Legal Planning
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If you fail to properly Plan and Defend against a Cyber Attack You
and Your Company Face legal prosecution from one or all of the
following:
and Your Company Face legal prosecution from one or all of the
following:
- The FTC
- The SEC
- U.S. Department of Justice
- Federal Regulatory Agencies
- The States Attorney General
- State Regulatory Agencies
- Effected Clients or Consumers
- Shareholders
The Law on Security Reviews & Data Breach Planning
What You Must Do At A Minimum To Plan For A Breach:
To Reduce your liability, your Planning for a data breach must start before
any breach ocurrs. You need an active plan which should be addressed
and reviewed quarterly by a cybersecurity lawyer, Your plan should
encompass several defenses and it must show that it will prevent, detect
and address a breach. You cannot use just a form showing that you diid
the review, but you need to show records of time spent by employees on
the planning, resources used and how the plan was changed, an updated
from the last review. Your liability for a breach will be based on your
pre-breach planning almost as much as your post breach response.
Thus, it is important to constantly be updating your procedures and to
layer your defense. The best breach defense will encompass at a
minimum the following:
any breach ocurrs. You need an active plan which should be addressed
and reviewed quarterly by a cybersecurity lawyer, Your plan should
encompass several defenses and it must show that it will prevent, detect
and address a breach. You cannot use just a form showing that you diid
the review, but you need to show records of time spent by employees on
the planning, resources used and how the plan was changed, an updated
from the last review. Your liability for a breach will be based on your
pre-breach planning almost as much as your post breach response.
Thus, it is important to constantly be updating your procedures and to
layer your defense. The best breach defense will encompass at a
minimum the following:
Why Do I Need A Cyber Lawyer to Plan in Advance For A Breach:
A Cyber Security Lawyer is important for pre-breach planning because
only a lawyer can assess your liability in all three stages. Your Cyber
Security Lawyer along with your other consultants should provide
assistance in developing protocols and systems to prevent the breach,
detect the breach and address the breach. Your Cyber Security Lawyer
should help make your company and data hardened against a breach. A
Cyber Lawyer does this by helping to train your employees to prevent,
spot and defend your company the moment a breach occurs.
only a lawyer can assess your liability in all three stages. Your Cyber
Security Lawyer along with your other consultants should provide
assistance in developing protocols and systems to prevent the breach,
detect the breach and address the breach. Your Cyber Security Lawyer
should help make your company and data hardened against a breach. A
Cyber Lawyer does this by helping to train your employees to prevent,
spot and defend your company the moment a breach occurs.
Why Do I Need A Cyber Lawyer After the Breach
After a breach the law requires you to report the breach. But this
reporting requirement is different in each state and can involve several
federal agencies. Whats more confusing for most companies is that some
agencies may want you to not disclose the breach immediately or even fail
to respond to your company's requests on what to do, while others
mandate that your disclose the breach. Your liability however, will not just
be based on the breach itself, but statutory regulations and common law.
Your companies response to the breach, the content and timing of the
notice and disclosure will all be judged. Claims will be based on
inadequate security measures constituting unfair or deceptive trade
practices, breach of contract, negligence, unjust enrichment, breach of
fiduciary duty, breach of the duty of care, and even negligent
misrepresentation. You need legal representation to protect and defend
you from these problems and pitfalls but as stated earlier pre-breach
planning is the best defense.
reporting requirement is different in each state and can involve several
federal agencies. Whats more confusing for most companies is that some
agencies may want you to not disclose the breach immediately or even fail
to respond to your company's requests on what to do, while others
mandate that your disclose the breach. Your liability however, will not just
be based on the breach itself, but statutory regulations and common law.
Your companies response to the breach, the content and timing of the
notice and disclosure will all be judged. Claims will be based on
inadequate security measures constituting unfair or deceptive trade
practices, breach of contract, negligence, unjust enrichment, breach of
fiduciary duty, breach of the duty of care, and even negligent
misrepresentation. You need legal representation to protect and defend
you from these problems and pitfalls but as stated earlier pre-breach
planning is the best defense.
| The Costs of Not Defending Your Data |
- Criminal Liability
- Corporate Liability
- Civil Fines and Costs
- Criminal Fines
- Data Loss
- Website Loss
- Business Disruption
- Insurance Cancellation
- Loss of Consumer Trust
- A warning not to breach the system
- Hardened and Tested Defenses
- A deflection system for attacks that are
detected to be sent to a fake data set
Copyright 2021 NJ Cybersecurity Lawyer and Data Breach Defense H.S.A.
Services Offered
| Low Cost $250.00 Consultation 732 257 5040 |
| Data Defense Review Insurance Review Cyber Penetration Policy Review Data Vulnerability Policy Review Criminal and Civil Legal Defense Cyber Insurance Claim Review Media & Public Damage Control Damage Control For Breaches Breach Protocols Best Practices Review Privacy Impact Assessments Internet and Website Disclaimers Terms of Use Agreements Employee Training for Breaches Corporate Criminal Legal Defense Speaking Engagements Corporate Educational Seminars |
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H. Scott Aalsberg, Esq., P.C.
The Business, Internet, Data Defense and Cyber Attack Risk Management Lawyer
G-10 Brier HIll Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 07470
(732) 257 5040
The Business, Internet, Data Defense and Cyber Attack Risk Management Lawyer
G-10 Brier HIll Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 07470
(732) 257 5040