They should be able to serve as an overall breach coach with a strong understanding of what’s needed from the technical investigations, as well as the potential implications of legal decisions on trust and reputation.

Michael Bruemmer, vice president, Experian Data Breach Resolution, says that there are several important characteristics that must be considered when selecting a breach coach: “A good legal partner should have experience that goes beyond simply helping with formal legal notification.

A breach coach with a solid reputation for engaging cooperatively and collaboratively with state attorneys general and federal regulators right from the start is more likely to achieve favorable outcomes for the organization in the aftermath of a security incident. It is also highly recommended to seek out a breach coach who has established relationships with government stakeholders and regulators. In addition, a good breach coach will have extensive experience and good working relationships with forensic and crisis management firms. He must have well-rounded knowledge of the breach life cycle from start to finish including the investigation process, breach laws and regulations, notification procedures, regulatory requirements and consumer expectations of the breached company. Outside privacy counsel plays such an important role that counsel is often referred to as the “breach coach.” Given the critical and central role they fill, the importance of selecting the right breach coach cannot be overstated.Īn appropriate breach coach will have a strong and demonstrated background in supporting different types of data breaches. Identifying and vetting external privacy counsel before a data breach occurs should be an element of every security incident response plan. Thorough preparation for a breach incident can lead to faster reaction, better coordination and efficiencies, and lower costs should a breach occurs. Proactive retention of a breach response team provides the entity with the opportunity to engage in practice runs and fire drills to rehearse their response to a breach incident, which can help to identify communication, technical or other snags before a breach ever happens. Assembling a breach response team in advance of an incident allows entities to thoughtfully and thoroughly vet candidates and ensure retention of the best qualified team for the entity’s unique needs. Wait until an issue happens, however, and companies may find themselves in the unfortunate position of enlisting whoever is available, easiest (or lowest costing) to retain versus best for the job, which can lead to disastrous results for both the breached company and those whose information has been breached. And the issue has become only more complicated as more and more players have entered the arena, each claiming to have an expertise in breach response. As a result, many are taking steps to proactively assemble a data breach response team, combining internal stakeholders and external resources, so that they can be prepared in the event that they experience a breach.ĭespite the media coverage of breach events, little information is available to guide organizations through the process of vetting and retaining breach response team members. Enterprises of all shapes and sizes from every industry are becoming more aware to the threat of a data breach. In the wake of recent mega data breaches, it comes as no surprise that companies are working harder than ever to prepare for an inevitable data breach incident.

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