5 Best Ways to Prevent and Respond to Data Breaches

By Casey C. Sullivan, Esq. on July 07, 2016 | Last updated on March 21, 2019

Electronically stored information is vulnerable to hacking, point blank. Even some of the most sophisticated computer systems can find themselves vulnerable to a sophisticated cyberattack -- or, more likely, a careless employee. And so long as you have valuable information stored on computers, you need to be ready for a potential data breach.

To help you out, here are our top tips for in-house counsel on preventing and responding to data breaches, from the FindLaw archives.

1. The Greatest Threat to Your Data Security May Be Yourself

Russian hacking and Chinese cyber espionage may make headlines, but the biggest threat to your data security isn't outsiders. It's you -- and everyone else in the company. Employee negligence and theft are responsible for more than 50 percent of all data breaches, according to a recent survey.

2. When It Comes to Data Security, Corps Turn to Outside Counsel

Most corporations don't handle their privacy and data security issues in house, according to a new survey. In fact, the vast majority of them bring on outside counsel. So, if you're looking to prove the value of the legal department, maybe step up your data security game -- or make sure you get a good deal with outside counsel.

3. Are You Prepared for a Data Breach? 3 Questions to Ask Yourself.

When it comes to getting hacked, the question isn't if, it's when. But careful planning can help you respond quickly and effectively, minimizing as much damage as you can. Let these three questions help guide your data security prep.

4. Hacked? Make Sure to Notify Your Customers!

When you discover that you've been hacked, get ready to inform your customers. Many states have data breach notification laws that require you to quickly send notice to customers when their sensitive information has been compromised.

5. Your Company's Data Breach May Be the Least of Its Problems

A data breach is bad. But ensuing FTC enforcement actions and private litigation can be worse. Here's what you might be able to expect, after a hack.

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