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Cybersecurity Requires Outside Experts, Say Corporate Counsel

February 27, 2015 | Posted In Criminal Law - Criminal Law |

A recent article in the New Jersey Law Journal highlights the critical need for businesses to seek outside advice from technology experts to prevent cyberattacks. With major data breaches seemingly occurring every week and making national headlines, many businesses’ lawyers are becoming increasingly concerned with digital security. And the only way to truly tackle the issue, they say, is to consult independent experts in technology security.

According to a Jan. 29 report from the Association of Corporate Counsel, almost one-quarter of the 1,300 general counsel surveyed had dealt with a data breach in one form or another. Depending on the type of business, data breaches can implicate key privacy laws like the Health Insurance Portability and Accountability Act (HIPAA) or New Jersey’s Identity Theft Prevention Act. They can also result in years of litigation and enormous fines and penalties that can cripple a business permanently.

Benjamin Franklin famously wrote that “an ounce of prevention is worth a pound of cure”, advice that holds true more than two hundred years later. Businesses shouldn’t begin to deal with data security after the fact. Instead, as the article suggests, the best approach is to consult with local experts in cybersecurity that can evaluate a business’ technologies and harden them against attack.

Cybercrime specialists can conduct a security audit of your company, deliver a customized technology risk management plan that suits your business needs and purpose, and provide procedures and advice for responding to a breach should one occur. Outside consultants can also put a business in touch with technology suppliers and experts that can modernize a business’ technologies and prepare them to deal with future attacks. For large businesses, using local counsel ensures that all local and state regulations concerning data security (which a large, out of state corporation may not be familiar with) are met.

At Helmer, Conley, & Kasselman, P.A., the members of our Technology Law Department are ready to help your business prevent and respond to cyberattacks. Department head Kevin Clark has more than 10 years of experience investigating and prosecuting cybercrime, and is a Certified Information Systems Security Professional. We can work with businesses and budgets of all sizes to tailor specific cyber threat plans. Don’t wait until it’s too late. Call us today.

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