Creating an effective data-breach preparedness plan can significantly reduce reputational and financial risks in the event of a cybersecurity breach.
It is imperative to engage outside counsel to create confidentiality under an attorney-client privilege for the fact gathering, documentation and communications that occur after a breach, said Daren Orzechowski, a partner in the Intellectual Property Group at White & Case.
He continued, "The reason that is important — particularly in a situation where a class-action may arise in response to an actual breach, or a governmental investigation — is that the conversation between the outside counsel and the rest of the team can be protected by privilege."
In preparing a comprehensive data-breach preparedness plan, a team approach is suggested to navigate the complexities that a security breach may involve.
Orzechowski added: "When you do these projects, and I do a lot of them in my practice, looking proactively, you should get input from the IT professionals, the lawyers, the technologists and the privacy experts. And it only makes sense that the same team that builds the plan helps prepare for a problem."