Creating a Cyber Incident Response Plan and Legal Management
In the modern digital environment, a cyberattack is an inevitable threat for any organization. An Incident Response Plan (IRP) is not merely a technical instruction; it is a critical legal document defining a company's actions during a crisis. A properly drafted IRP ensures that during an incident (e.g., data breach, ransomware attack), the organization fulfills its legal obligations, minimizes financial loss, and avoids legal liability. The absence or ineffectiveness of such a plan often leads to heavy fines from regulators and lawsuits from clients.
Our service for developing a cyber incident response plan involves a comprehensive approach combining legal, technical, and managerial aspects. Our specialists offer:
- Legal Risk Assessment: Analyzing organizational activities and identifying legislative requirements (e.g., GDPR, Law on Personal Data Protection) that must be reflected in the plan.
- Incident Classification: Developing legal criteria to determine which incidents require mandatory reporting to regulators and which require only internal response.
- Communication Strategy Drafting: Preparing legally sound texts and procedures for informing clients, partners, media, and law enforcement agencies.
- Evidence Collection Protocol: Outlining procedures for collecting digital evidence (logs, files) in a way that makes them admissible in court.
- Tabletop Exercises: Testing the plan's effectiveness in realistic scenarios and eliminating legal gaps.
- Role Assignment: Defining specific responsibilities (who contacts the lawyer, who contacts the police) to eliminate chaos during a crisis.
In practice, we often see companies with technical recovery plans but no legal response plan. For example, during a data breach, the IT department mitigates the incident, but the company misses the statutory 72-hour deadline to inform the Personal Data Protection Service, leading to fines. Another common mistake is providing premature or incorrect information to clients, which is later used against the company in damage claims. Also, if the IRP does not account for evidence preservation rules, the company may be unable to initiate criminal prosecution against the perpetrator.
In Georgia, cyber incident response is regulated by the Law on Information Security (for critical subjects) and the Law on Personal Data Protection (for all data-processing organizations). Legislation strictly defines reporting deadlines and formats. Additionally, the Criminal Procedure Code sets standards for evidence collection, which must also be incorporated into the plan.
Working with a lawyer begins with an audit of existing procedures. Then, the lawyer collaborates closely with IT and security teams to create a "living" document that actually works during a crisis. The final stage is management approval and employee training. The lawyer also ensures the plan is periodically updated in line with legislative changes.
Legal.ge is the platform to find qualified lawyers and cyber law experts. A cyberattack is not a matter of "if," but "when." Be prepared to face the crisis with a professionally drafted response plan. Protect your business and reputation with the help of our specialists.
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