Tips to Help a Business Avoid Data Breach Litigation featured image

Tips to Help a Business Avoid Data Breach Litigation

by Eric Misterovich

Partner

Data Breach

Little else is as stressful for a company than handling the aftermath of a data breach. Not only does the company have the obligation of making notifications to clients about the data breach, but it may also be confronted by data breach lawyers with at least one lawsuit, or even a class action. There are steps that can be taken to help a company avoid data breach litigation.

Preparation for a Data Breach is Key to Mitigating Problems Down the Road

Every company large and small should be prepared for a data breach because it is only a matter of time until they are victimized by cyber criminals. Companies can prepare themselves for data breach situations by having a plan on how they will handle a data breach situation. Running practice drills of a data breach scenario can also be helpful for the company to identify potential pitfalls and shortcomings, which can be addressed in advance of the real thing.

The action plan should cover both how to technically contain a data breach and a public relations campaign that details what will and will not be said to the press about the data breach situation as well as what will be communicated to the consumers who may have been exposed in the data breach. What words are used in the media are critically important since the lawyers will likely try to use what is said to their advantage later in court. Know how the data breach situation will be handled by your company before it happens.   

Understand the Company’s Rights and Obligations Under the Law

Companies need to know what their rights and obligations are under the law before a data breach occurs. Knowing the law on these matters will give the company better footing on how to handle the aftermath of the situation. Companies that do not know or understand data breach law often fail to notify consumers whose data may have been exposed in a breach in a timely manner, which can result in significant penalties for the company.

Data breach law requires companies to take action quickly upon discovery of a data breach. The company is responsible for quickly shutting down the breach, and then is responsible for notifying victims within a reasonable time after the breach is discovered. It is better to own up to the data breach and let those who are affected by the breach know as soon as possible that their personal identifying information or credit card information has possibly been exposed.

Get Prepared With the Help of an Experienced Data Breach Attorney

One of the best strategies for a company to have concerning data breaches is to be prepared. Knowing in advance what you will have to do, what you will need to say, and how you can manage the aftermath of a data breach can go a long way towards helping your company avoid data breach litigation. Reach out to the data breach lawyers at Revision Legal today to help prepare your data breach prevention and response plan. Contact us using the form on this page or call us at 855-473-8474.

Image credit to Abdul Wajid.

Extra, Extra!
Recent Posts

2025 Changes to Trademark Fees

2025 Changes to Trademark Fees

Trademark

There are some significant changes coming to the United States Patent and Trademark Office (USPTO) that will affect trademark filings beginning January 18, 2025. These changes include the introduction of the Trademark Center, new fees, and revised application requirements. Here is an overview of the key changes: The USPTO will retire the TEAS system, which […]

Read more about 2025 Changes to Trademark Fees

Automated Decision-Making Technology: California Releases Proposed Regulations

Automated Decision-Making Technology: California Releases Proposed Regulations

Internet Law

In today’s competitive e-commerce landscape, automated decision-making technology is becoming more and more important. From personalized product recommendations to targeted advertising and streamlined logistics, these systems help ecommerce businesses adapt and grow. But new regulations are on the horizon, and these changes could reshape the way e-commerce businesses use automation. The California Privacy Protection Agency […]

Read more about Automated Decision-Making Technology: California Releases Proposed Regulations

FTC Adopts Final “Click to Cancel Rule”

FTC Adopts Final “Click to Cancel Rule”

Internet Law

The Federal Trade Commission (FTC) has issued final amendments to its trade regulation rule concerning negative option plans, also known as the “click to cancel rule.” This rule aims to address widespread deceptive practices that prohibit customers from cancelling services in the same manner in which they signed up. Here’s a detailed summary of the […]

Read more about FTC Adopts Final “Click to Cancel Rule”

Put Revision Legal on your side