Legal red flags for data protection risk

In today's digital age, data protection and cybersecurity are paramount concerns for businesses of all sizes. A data breach or cybersecurity incident can have severe financial, reputational, and legal consequences. To mitigate these risks, it's essential to identify and address potential red flags.

If you are left feeling concerned about your business' position after considering the questions below, please do call or email us. We are experienced, practical and commercial and have excellent relationships with cyber security experts we know and trust. We help many businesses find the right balance of cost/benefit/risk in mitigating data and cyber risks.

Data protection risks

• Did your business comply with GDPR when it was introduced in 2018?

• If yes, has the business recently reviewed and carried out an audit of its data protection position?

• Does the business use suppliers? If so, thought needs to be given to data issues with them.

• Who looks after data in the business? Is there a senior person who has responsibility and authority to make decisions on that area?

• Do you have an efficient process for onboarding employees? Do new joiners receive training on how to handle all of the data in the business?

• Would the business (including any employee) know how to deal with a subject access request?

• Are there technical and organisational measures in place to ensure that there is adequate security over personal data held in manual or electronic form?

• What happens if there is a data breach?

Cyber Security potential legal issues and risks

• Has your business received Cyber Essentials Certification, Cyber Essentials Plus or ISO 27001?

• Do you ensure all backups are secured with an appropriate level of protection that reflects the classification of the data they hold?

• Do you carry out regular vulnerability scans on all your systems at least every 6 months, after incidents, after major changes, or more frequently based on your risk assessment?

• Have all the default passwords on your boundary firewall devices been amended to unique and strong passwords?

• Do you test your business continuity and disaster recovery plans at least once per year by running a simulation exercise and ensure that the plans are kept up to date with any changes in the business?

• Have you changed the default password for all user and administrator accounts on all your desktop computers, laptops, thin clients, servers, tablets and mobile phones that follow the Password-based authentication requirements?

• Do you have a defined a set of security requirements that all your suppliers and contractors must meet, and have you ensured that your contracts with all your suppliers and contractors meet these requirements? 7. Is your data encrypted whilst being stored on any cloud services you use? 8. Do you have an information security policy? If so - . Is this distributed to all people responsible for implementing them, required to be followed in everyday practice and linked to disciplinary procedures?