An incident response plan is essential for any business regardless how big or small. Prepare your incident response plan with this guide provided by Foley & Lardner.



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Purpose of this Guide

There is no perfect data security solution. Even the most comprehensive privacy and security measures cannot completely eliminate the risk of a breach. No matter the industry, data security best practices dictate that organizations prepare for this risk by establishing and maintaining an incident response plan. 

In this guide we refer to instances of an alleged unauthorized access or disclosure as an incident, and instances of an actual unauthorized access or disclosure as a breach. This usage may or may not align with the regulatory definitions that apply to your specific industry or organization. We strongly recommend that you consult with legal counsel to ascertain the legal environments your incident response plan will need to consider.

This guide includes:

Discovery IT Flowchart In the event of a security breach, this procedural flowchart should be used to contain the breach, as well as to collect and preserve any information surrounding it.

Law Enforcement Reporting Guide If the organization decides to move forward with contacting law enforcement, e.g. if the incident involved a computer crime that that triggers a mandatory report obligation, this guide prepares an organization with the appropriate guide.

Incident Analysis includes: Summary of Incident, Risk Identification and Assessment Preventative Measures, and Next Steps

Legal Investigation Analysis The legal representatives on the incident response team are responsible for identifying applicable laws and regulations; assessing the legal implications of the incident in light of those laws and regulations; and formulating a strategy to address the incident’s legal risks.

Final Incident Report Summary of Incident, Notification Obligations, Remediation for Affected Personnel, Preventative Measures, Next Steps, Reasons for Closing.


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Incident Response Plans