A Desk Guide to Data Protection and Breach Response - Special Series


If your business is connected to the Internet, it is vulnerable to attack, either by willful perpetrators intent on exfiltrating your proprietary or sensitive data for their own personal gain, or by casual hackers or hacktivists intending to cause damage to your business. Unfortunately, companies should prepare for “when” - not “if” - they suffer a data breach. In fact, the chances are good that your business has already suffered an attack. Attacks come in a variety of forms, from viruses to spam, from Trojan Horses to network backdoors and other nefarious technology, all of which can be used to wreak havoc on your business in a variety of ways. Indeed, data breaches – and the resulting loss of critical data, business interruption, onerous disclosure requirements, regulatory scrutiny, costly third party litigation, and tremendous loss of reputation and goodwill – can threaten the very viability of your enterprise.

Haynes and Boone is pleased to present this “Desk Guide to Data Protection and Breach Response” to help you navigate the rapidly evolving cybersecurity landscape. The Desk Guide, which was prepared by the firm’s interdisciplinary Privacy and Data Breach group, provides a practical approach to data security, including how to:

  • identify and analyze applicable data protection and compliance issues,
  • develop an enterprise data security plan,
  • obtain cyber risk insurance,
  • investigate and respond to a breach or cyber incident,
  • address public disclosure and regulatory issues following a breach,
  • refer cyber incidents to law enforcement for possible investigation and prosecution,
  • anticipate and prepare for civil litigation and class actions following a data breach or cyber incident, and
  • recover losses through insurance claims.

We hope this Desk Guide will be a useful reference for you as you manage your company’s cyber risks and prepare for the cyber incident(s) your company will almost certainly experience. If you have any questions about the Desk Guide or about privacy, data security or data breach matters more generally, please contact any of the members of our Privacy and Data Breach group. We look forward to working with you.

To read the complete series, click on the PDF linked below.


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