Business Attorney K.
Todd Wallace publishes article on the necessity for companies to have a data
breach response plan in place
In his
most recent article, experienced business litigation attorney K. Todd Wallace
discusses the critical importance of companies having a data breach response
plan in place.
In a
rapidly evolving field with increasing regulatory oversight, companies dealing
with personal or sensitive information should be mindful of their legal obligations
with respect to data protection. While
securing customer data and ensuring compliance with protection obligation is an
obvious area of concern, another important aspect of data protection is having
a contingency plan in place in case of an actual data breach.
A
company’s obligations in case of a data breach are now regulated by law in all
50 U.S. states and the District of Columbia.
Those laws effectively require companies to timely notify consumers of
the breach. Furthermore, recent trend
continues toward expansion of information covered by these data protection and
strengthening of consumer protection.
A major
development in the field of data protection is the newly enacted General Data
Protection Regulation (“GDPR”) in Europe.
While a comprehensive discussion of GDPR is beyond the scope of this
article, GDPR is one of the most expansive data protection laws in the
world. With the passage of GDPR and
increasing public concern over data protection, many U.S. states are now
strengthening their own data protection laws.
For example, data protection laws in California and Vermont are some of
the most stringent in the country.
Furthermore, multiple states have amended their data protection laws in
2018, mostly expanding the scope of protected information and clarifying or
adding obligations in case of a breach.
These regulatory
requirements regarding data breach highlight the need for companies to work
diligently to create and maintain a data breach response plan. Companies should work with an experienced attorney
in the field of data protection laws to ensure that they are ready and able to
deploy a rapid response in accordance with all the applicable legal
requirements should the need arise. Such
planning is even more critical for multistate or international operations that
may be subject to legal obligations in multiple jurisdictions.
Mr. Wallace
notes that keeping the response plan up to date and educating management
regarding the response plan are just as critical as creating one in the first
place. Because this area of the law is
undergoing such rapid changes across multiple jurisdictions, Mr. Wallace
stresses the importance of ensuring that there are processes in place to
regularly review and update the response plan.
Any change in business operations may trigger the need for a review,
such as expansion into new localities or addition of services or
operations.
The article will be published in full on the Blog of Mr. Wallace.
K Todd Wallace is
an attorney and founding partner of the law firm Wallace Meyaski LLC. He has
nearly 20 years of experience in the legal and business professions with
established excellence in trial advocacy, negotiation, strategic and initiative
planning, employment law compliance, government relations, mergers and
acquisitions, and team building.
Law Firm
Website: http://www.walmey.com/
Facebook
page of the Law Firm: https://www.facebook.com/WallaceMeyaski/
Facebook
page of Kenneth Todd Wallace, Attorney at Law:
LinkedIn
Profile of Kenneth Todd Wallace: https://www.linkedin.com/in/k-todd-wallace-03895358/
Lawyer Profile at: http://lawyers.lawyerlegion.com/louisiana/kenneth-todd-wallace-18001529
Attorney Profile:
Lawyer Profile:
http://www.lawyerdb.org/LawFirm/Wallace-Meyaski-LLC-New-Orleans/
Twitter: www.twitter.com - Todd
Wallace@tarheeltodd94
*** K. Todd Wallace is an attorney at Wallace Meyaski in New Orleans. He has nearly 20 years of experience in the legal and business professions with established excellence in trial advocacy, negotiation, strategic and initiative planning, government relations, mergers and acquisitions, and team building. See http://www.walmey.com/our-attorneys/k-todd-wallace/
