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Jay Sekulow

American attorney who serves as Chief Counsel at the American Center for Law & Justice (ACLJ)

Collaboration Between Legal and Incident Response Teams

February 25, 2022 By Mikel Leave a Comment

legal team

yber-attacks have become so common that rarely a day passes without hearing one. Cyber incidents threaten the information security of many organizations. Many industries are in no doubt that cyber-attacks will occur. In fact, the worry that people have is when the threats will happen. But it is wise to respond swiftly and thoroughly when there is a cyber-incident to eliminate fallout and promote compliance.

There are serious factors that determine how responses are handled. Such factors include breach size, applicable laws, type of destroyed data, and time limits. Organizations need to have a ready cyber incident response team. The team will manage the incident response and make all-inclusive plans that explain all possible variables.

Although incident response heavily depends on technical forensic action, legal actions are equally important. The legal implication comes in handy at each phase of the response. The legal team will handle regulatory reporting, breach notification, privacy law obedience, and impact valuation.

Why Collaboration between the Incident Response and Legal Team is Essential

Legal issues are called on whenever there is a breach; however, legal teams are excluded when planning an incident response. Practical incident response is vital in laying the foundation for what should be done when an incident is discovered.

Ignoring the importance of the legal team in planning how to respond to cyber-attacks creates opportunities for errors. Promoting collaboration between legal and cyber security teams will create a big difference when there is an incident.

Here are key reasons as to why the incident response teams should bridge the gap between them and the legal teams;

  • Organized and Effective Incident Management

If the legal and the incident response team agree to work together, managing cyber-attacks will be easier. Preparation rules out whether the response will solve the problem. By putting the legal team in the dark while planning, the response team creates room for chaos and confusion.

The division between the legal and incident response team creates unnecessary blocks on the path to justice. The tabletop exercises are held quarterly and sometimes bi-annual. It is, therefore, wise to involve the legal team at least in one session.

  • The Legal Team Can Inform on the sufficiency of the Legal Process

Sometimes the issue in question may be unclear until late if the importance of the legal team is ignored. The legal team can offer insight into the sufficiency of the planned procedures for solving problems. The team can suggest necessary alterations in handling the cyber-attack case. The legal team will ensure that all the deadlines are respected. The legal hand-men will check to see if the client contract invokes some notification procedures. A simple act of bringing the legal team to the table can mitigate risks that arise when solving cyber-attacks.

  • The Legal Team Checks for Compliance to the Law

Collaborating with the legal team will benefit the process by ensuring that the incident response documents obey the law. The team can also check for compliance with client obligations. It is essential to be knowledgeable about reporting, timelines, and the contract clauses. But the legal team will remember them on behalf of the entire team as they are specialists in law matters. Sometimes laws sound general, but there are specific laws for the different cyber incidents. For instance, a breach involving personal information is subject to privacy or confidentiality laws.

  • Effective and Free Flowing Communication

Working with the legal team is advantageous as the team will advise on the clear client and consumer communication. The legal team will suggest creating the notification templates before restructuring the process after the incident. The legal team will help in creating and reviewing documents for purposes of compliance. Legal will also monitor efforts post-breach since they are aware of what was sent out. They will therefore assure the entire panel that critical grounds are covered.

Conclusion

Cyber incidents are on the rise daily, and they affect organizations severely. The breaches lead to loss of finances, destroy reputation, and customer displeasure. In extreme cases, cyber incidents cause employee turnover and attract fines for businesses. Legal inclusion is essential when responding to the incidents. The cyber security team should work with the legal team to prepare better for responding to the rising cyber incidents.

Filed Under: Legal Advice Tagged With: legal teams

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About Jay Sekulow

Jay Sekulow is the Chief Counsel of the American Center for Law and Justice (ACLJ). He is a renown lawyer with a passion for protecting religious liberty, freedom, and democracy.

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