What is a Cyber Security Lawyer, and Do I Need One?

In a business landscape dominated by evolving privacy laws, cloud migration and cyber incidents, organizations find that traditional law practices may not meet their needs. By engaging a cyber security lawyer, however, they can take a proactive approach to challenges related to information security and privacy issues.

Cyberlaw includes the regulations, statutes, legislation, and litigation applicable to businesses and individuals interacting with technology on the internet. Consequently, cyber security lawyers play a critical role in managing the risk associated with those regulations.

They also play a key role in preparing for and responding to cyber incidents. And they advise in matters involving third parties. This includes evaluating vendor contracts to ensure regulatory compliance and safeguard sensitive data. It also includes determining the cyber risks involved in the process of mergers and acquisitions.

Regulatory Compliance and Risk Management

Regardless of the industry, organizations must adhere to a variety of regulations governing how they gather, store, share and delete data. For instance, any organization that processes credit card payments must manage PCI compliance. Likewise healthcare organizations must comply with HIPAA. International and state privacy laws also apply.

Keeping track of a rapidly evolving regulatory landscape and ensuring regulatory compliance can prove tricky. A cyber security lawyer helps to mitigate risk by keeping abreast of regulatory changes and playing an active role in risk management. This includes directing risk assessments and making informed decisions about cyber insurance.

Cyber Incident Preparedness and Response

No business remains immune to cyber-attacks and security breaches. But a cyber security lawyer with experience in managing cyber security incidents will leverage that experience in guiding incident preparedness. This includes advising security strategy and playing an integral role in building an incident response plan.

When cyber incidents or breaches do occur, the cyber security lawyer should play a central role in the incident response. This will include directing communications with law enforcement personnel and the public. It may also include evidence collection and preparation for possible litigation.

Ensure Proper Communication about Privacy and Cyber Security

Even outside of cyber security incidents, cyber security lawyers ensure appropriate communication about risk and liability. This includes adequately briefing executives about possible risks and potential strategies.

It also involves reviewing and signing off on all communication of cyber security and privacy information. For instance, this may include privacy notices, opt out forms on the corporate website and language included in marketing emails.

Contracts, Mergers and Acquisitions

Any time an organization shares information with a third party, such as a vendor, they introduce risk. Hackers exploit connections along the supply chain, using smaller, less secure organizations as a back door into higher value targets. In response, privacy laws increasingly include requirements for vendor contracts.

In addition to writing and evaluating contracts with vendors and customers, cyber security lawyers also evaluate the risks associated with any mergers and acquisitions. This includes assessing the cyber security practices and policies of both organizations to determine the best strategy moving forward.

Tips for Choosing a Cyber Security Lawyer

Whether hiring an in-house lawyer or contracting with a law firm, businesses need to look for a special skillset when engaging a cyber security lawyer. For instance, cyber security lawyers must bring a comprehensive knowledge of regulations and statutes governing technology and privacy. But they must also bring a solid understanding of the technology involved.

In addition to knowledge and experience with both technology and the regulatory environment, look for a lawyer with experience in your industry. And, as with any partner, ensure that the law firm uses cyber security best practices to protect your sensitive data.

As you share information with legal firms and other partners, ensure data security by implementing the right cyber security tools and procedures. The data security experts at eMazzanti Technologies assist by identifying security gaps and helping you and your cyber security lawyer implement sound strategies for protecting sensitive data.

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