Cyber Attacks/Data Breach

In today’s environment, we are seeing an incredible increase in cyber attacks/data breaches.  Most businesses are all too aware of the ransomware attacks, such as the “WannaCry” or the “NotPetya.” which is a new strain of ransomware.  Large companies are aware of the need for cybersecurity, but many small and medium sized companies do not think they are at risk of cyber attacks. This thinking could literally destroy your company.

Prevention of Cyber Attacks

Your company should take the necessary steps with good cybersecurity measures to protect against cyber attacks.  KHNETIC Legal works with specialists that are knowledgeable about software to help prevent cyber attacks.    There are also specialists that KHNETIC Legal works with that will set up training programs for your employees.  Many cyber attacks occur as a result of one of your employees inadvertently clicking on a bad link in an email.  Training for your employees is essential in your prevention plan.

Response to Cyber Attacks

Prevention of a cyber attack is only one step in your cybersecurity plan.  It is not a question of “if” you will be attacked.   You need to be sure you have a response plan for “when” your company experiences an attack.  At the rate the attacks are occurring, you can pretty much count on the fact that your company will be subject to a cyber attack.

How KHNETIC Legal Can Help in the Event of Cyber Attacks

If, or more accurately, when, a cyber attack occurs, you need to be prepared to respond as soon as possible.  Your company should have a plan in place detailing how it will respond in the event of a cyber attack.  KHNETIC Legal can help you prepare a response plan.  In addition, KHNETIC Legal can help you with the following actions in response to cyber attacks:

  • ensuring your company complies with the state specific notification requirements;
  • ensuring your company is in compliance with the California Data Breach Law (the “California Law”).  The California Law will apply to your company if it does business in California.  This is true even though your company has no office in California.
  • prepare your company to be in compliance with international data breach laws, such as the General Data Protection Regulation (“GPDR”).  The GDPR was enacted to provide for consistency of data privacy laws across Europe.  What you need to know is that in certain situations, the GDPR could apply to your company.  If your company is not in compliance with the GDPR, it could face harsh financial penalties.  The GDPR becomes effective on May 25, 2018.  If you are not currently prepared, it is crucial that your company crafts a plan to bring it in compliance.

Be Proactive

The best way to protect your company from a cyber attack is to act proactively.    You need to put prevention measures in place. You need to have your employees properly trained.  Planning ahead of time can minimize the damage caused by a cyber attack.   You also need to plan ahead of time for how your company will respond.  Plan to have “drills” so that you can practice your response to cyber attacks.

Privacy

The United States does not have a single, federal law that applies to all states regarding the collection and use of personal data.  There are several federal laws dealing with different areas of privacy and collection of personal data.  In addition, most states have their own laws that apply to the collection and use of personal data.  Depending on the nature of your company, you could be subject to both federal laws, as well as the laws of the state where you operate.  Some federal laws may preempt state laws, but if your company collects personal data, you should consult with KHNETIC Legal.

In the past, the state privacy laws were reactive.  In other words, they were aimed at telling you what your company needed to do in the event of a data breach.  States are now starting to enact privacy laws that are aimed at preventing data breaches.  Such laws typically contain a detailed list of technical, physical and administrative procedures that must be followed.

Privacy laws are constantly changing.  Don’t put your company at risk.  Consult KHNETIC Legal to determine the best practices to protect your company from these threats.

 

 

 

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