Cybersecurity law

The protection of sensitive data—from patient information to trade secrets to classified information—that organizations create and maintain is increasingly vital to business operations and risk management.

The privacy of personally identifiable information is an increasingly sensitive and important issue across industries, as the labyrinth of state, federal and international privacy, data protection and security laws with which businesses must contend grows ever more complex. It is increasingly becoming the rule that entities engaged in the collection, use or disclosure of personally identifiable information will be required by law to protect the privacy and security of that information. Cyber threats to sensitive data are immediate and real, as massive data breaches are making headlines with alarming frequency.

We approach cybersecurity, privacy and data protection practice with understanding the unique needs of businesses and has extensive experience helping clients navigate the myriad existing and emerging regulatory requirements, including assisting clients with data breach preparedness and response efforts, and related investigations and litigation. Our practice offers a full array of services, including developing compliance programs; providing day-to-day compliance counseling; providing legislative and regulatory advocacy services; assisting with data breach investigations and responses; handling regulatory investigations; and litigating cybersecurity, privacy and data protection matters in federal and state courts at both the trial and appellate levels. We also furnish strategic advice on structuring business relationships in a manner that is sensitive to cybersecurity, privacy and data protection concerns. We address cybersecurity, privacy and data protection concerns that are central to the matter at hand, as well as those that are collateral to transactions, ongoing congressional investigations, litigation or bankruptcy proceedings. Our firm represents clients across a broad range of jurisdictions and industries—including health care, financial services, retail, insurance, telecommunications, professional sports, transportation, media and entertainment, e-commerce and data aggregation—with regard to cybersecurity, privacy and data protection matters.

Our areas of focus include:

• Drafting a cybersecurity documentation
• Data breach preparedness and response
• Critical infrastructure cybersecurity
• Government contracting
• Export controls and economic sanctions
• Health information privacy and security
• Communications and information technology
• Government relations and advocacy
• Employee data privacy
• International cybersecurity, privacy and data protection
• Consumer data privacy
• Financial data privacy
• Disclosure of information to and by the government

Drafting a cybersecurity documentation

What is Cybersecurity Documentation?

Cybersecurity documentation outlines an organization’s efforts in responding to cyber disasters or incidents. It is a critical business document because it not only lists standard operating procedures when digital attacks happen but educates employees about them.

Personnel can be a company’s biggest vulnerability in cybersecurity. Many regular staff members at an organization are not well versed in basic cyber protocols. They may open every email and click on links without thinking that it could be from cyber criminals. Good cybersecurity software should prevent those emails from reaching inboxes in the first place. But those solutions won’t work every time.

The First Line of Defense

To set up the first line of defense, organizations must document all cybersecurity practices, from technical protocols in IT to training sessions for all employees. This ensures that if there is an attack, no one will panic before, during, or after the incident. Instead, they’ll follow their trusted documentation.

They’ll know how to establish good communication among their teams. This will enable them to respond faster, improve decision making, and reduce further damage. It will also provide clarity for every employee in the entire organization, not just the incident response team.

What does cybersecurity documentation look like? Let’s break down 10 standard technical writing documents to help mitigate data breaches in your organization.

Types of Cybersecurity Documents

Cybersecurity solutions require and generate a great deal of documentation, from policies and procedures to guidelines and standards. These documents must be written in a clear and precise manner tailored for internal and external audiences.

Other audiences include employees, clients, investors, business partners, stakeholders, and more. While these documents do not have a one-size-fits-all approach, they overlap in their fundamental policies, procedures, and plans to build a successful security program.

(1) Cyber Incident Response Plan

A written set of guidelines that instructs teams on how to prepare for, identify, respond to, and recover from a cyber attack is called a cyber incident response plan. A comprehensive response plan should cover technology-related issues and address problems encountered by other departments such as HR, legal and compliance, finance, customer service, and PR teams, among others.

An incident response (IR) plan specifies the roles and responsibilities in the event of a disruption, similar to a disaster recovery plan. However, incident response plans focus primarily on IT and security incidents.

The priority in an IR plan is to minimize damage caused by a data breach, including business operations, financial losses, and customer data. An IR plan also continually monitors and updates security information as the digital landscape evolves and cyberattacks become more frequent and sophisticated.

(2) Business Continuity Plan

Business continuity plans (BCP) detail the procedures and processes an organization must take to continue operating in the event of an emergency. Due to the wide and evolving range of threats, organizations must regularly update this document.

Each BCP is unique and must be coordinated with business objectives, security measures, and likely emergencies. This way it can restore essential business operations, ensuring continuity and a minimization of damages.

(3) Continuity of Operations Plan (COOP)

The goal of Continuity of Operations Planning (COOP) is to ensure that individual entities can maintain their mission essential functions in various emergency scenarios. This effort involves the planning and preparation necessary to enable governments, departments, businesses, and agencies to continue their vital daily operations. Whether the emergency is caused by natural disasters, human-made incidents, technological threats, or national security emergencies, COOP requires agencies to develop plans for relocating their operations to alternative or continuity sites to ensure that their essential functions can continue uninterrupted.

(4) Disaster Recovery Plan

Companies create disaster recovery plans in conjunction with business continuity plans. They describe the specific steps needed to resume business operations after an event, whether it’s a power outage, cyber attack, pandemic, natural disaster, or anything else.

Disaster recovery plans include the response manager and the protocols around testing, whether that involves drills or orchestrated threats. They also help monitor and update information as business operations change. It’s critical that businesses update their disaster recovery plans on a systematic basis.

(5) Configuration Management Plan

The Configuration Management Plan aims to provide project stakeholders with information on how Configuration Management (CM) will be implemented in a project, including the CM tools to be used and their application. The plan outlines the methodology that the Program Manager (PM) and systems engineer will use to manage program documentation and the program baseline (Technical, Functional, and Allocated). Its main objective is to document and communicate the CM approach to ensure effective control and management of program components.

(6) Security Awareness Training

Security awareness training exists because human error is responsible for many successful data breaches. Cybersecurity learning programs or awareness training should teach employees to avoid target attacks like phishing.

This training should occur regularly. As cyber-attacks evolve, so must employees’ understanding of how to identify them. Training should involve interactive learning to keep employees engaged. Awareness training can also cover how to handle personal devices and identify different types of security threats, critical protocols in a remote work environment.

(7) Risk Assessment Standards and Procedures

Risk assessment standards and procedures contain the process of identifying, analyzing, and evaluating any cyber risk. This type of documentation is critical for preventing data loss, avoiding data breaches, saving money, meeting compliance, and gaining knowledge for future assessments.

(8) Change Management Policy

The purpose of this policy is to manage changes in a well-communicated, planned, and predictable manner that minimizes unplanned outages and unforeseen system issues. This document explains how any changes can avoid impacting business operations or customers.

(9) Information Security Policy

An information security policy is a pillar of a cybersecurity defense documentation. It contains the company’s rules and guidelines to ensure employees adhere to security protocols and procedures to minimize any security risks. These protocols may include safeguarding any corporate information, IT assets, security strategies, and other preventative measures.

(10) Data Backup Policy

A data backup policy is an action plan that outlines the guidelines in the case of data loss, deleted or corrupt files, or other cybersecurity events. This includes implementing strategies on how to restore important documents and how to resume business services after an emergency has occurred. It also details the type of backup needed to best serve your organization.

(11) Remote Access Policy

The COVID-19 pandemic posed a significant challenge to organizational cybersecurity protocols as millions of office workers abruptly transitioned to remote work. As a result, remote access policies have gained more importance and relevance since 2020. These policies define how employees should interact with company systems while working remotely.

A comprehensive remote access policy should cover various aspects, including securing devices, adhering to bring-your-own-device (BYOD) guidelines, avoiding unauthorized applications, and refraining from visiting non-work-related websites. Additionally, the policy should include guidelines on strong password management, multi-factor authentication, accessing third-party services, and adhering to email security regulations.