www.epiqglobal.com Open in urlscan Pro
2620:1ec:29:1::40  Public Scan

Submitted URL: https://go.epiqglobal.com/e/76132/-email-utm-campaign-Brief-Sept/cp65b8/3325073641/h/9phrk0Toj81o_XDavuCw76To13yX1ZEAY7j1v...
Effective URL: https://www.epiqglobal.com/en-us/resource-center/articles/cyber-incidents-on-the-rise-tips-for-effective-data-breach-notifi...
Submission: On September 26 via api from US — Scanned from US

Form analysis 6 forms found in the DOM

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THIS WEBSITE USES COOKIES

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 * Necessary 52
   
   Necessary cookies help make a website usable by enabling basic functions like
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   function properly without these cookies.
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      AI_bufferUsed in context with the "AI_sentBuffer" in order to limit the
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      AI_sentBufferUsed in context with the "AI_buffer" in order to limit the
      number of data-server-updates (Azure). This synergy also allows the
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      ai_sessionPreserves users states across page requests.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
    * Cookiebot
      1
      Learn more about this provider
      1.gifUsed to count the number of sessions to the website, necessary for
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      6
      Learn more about this provider
      
      Some of the data collected by this provider is for the purposes of
      personalization and measuring advertising effectiveness.
      
      test_cookieUsed to check if the user's browser supports cookies.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
      _gaPending
      Maximum Storage Duration: 2 yearsType: HTTP Cookie
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      Maximum Storage Duration: 2 yearsType: HTTP Cookie
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      Maximum Storage Duration: 3 monthsType: HTTP Cookie
      collectUsed to send data to Google Analytics about the visitor's device
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      2
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      bcookieUsed in order to detect spam and improve the website's security.
      Maximum Storage Duration: 1 yearType: HTTP Cookie
      li_gcStores the user's cookie consent state for the current domain
      Maximum Storage Duration: 180 daysType: HTTP Cookie
    * Pardot
      5
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      pi_opt_in# [x2]Identifies if the visitor has deselected any cookies,
      trackers or other audience targeting tools.
      Maximum Storage Duration: 10 yearsType: HTTP Cookie
      visitor_id#-hash [x3]Used to encrypt and contain visitor data. This is
      necessary for the security of the user data.
      Maximum Storage Duration: 10 yearsType: HTTP Cookie
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      1
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      __sharethis_cookie_test__This cookie determines whether the browser
      accepts cookies.
      Maximum Storage Duration: SessionType: HTTP Cookie
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      g2.com
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      8
      __cf_bm [x8]This cookie is used to distinguish between humans and bots.
      This is beneficial for the website, in order to make valid reports on the
      use of their website.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
    * bankruptcy.epiqglobal.com
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      pages.hyperiongp.com
      
      3
      __cfruid [x3]This cookie is a part of the services provided by Cloudflare
      - Including load-balancing, deliverance of website content and serving DNS
      connection for website operators.
      Maximum Storage Duration: SessionType: HTTP Cookie
    * dd.g2.com
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      datadomeUsed in context with the website's BotManager. The BotManager
      detects, categorizes and compiles reports on potential bots trying to
      access the website.
      Maximum Storage Duration: SessionType: HTTP Cookie
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      consent.cookiebot.com
      
      3
      CookieConsent [x3]Stores the user's cookie consent state for the current
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      Maximum Storage Duration: 1 yearType: HTTP Cookie
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      1
      cf_clearanceThis cookie is used to distinguish between humans and bots.
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      2
      rc::aThis cookie is used to distinguish between humans and bots. This is
      beneficial for the website, in order to make valid reports on the use of
      their website.
      Maximum Storage Duration: PersistentType: HTML Local Storage
      rc::cThis cookie is used to distinguish between humans and bots.
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      website, such as the number of visits, average time spent on the website
      and what pages have been loaded, with the purpose of displaying targeted
      ads.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
      _gd_visitorCollects visitor data related to the user's visits to the
      website, such as the number of visits, average time spent on the website
      and what pages have been loaded, with the purpose of displaying targeted
      ads.
      Maximum Storage Duration: 2 yearsType: HTTP Cookie
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      4
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      ARRAffinitySameSite [x2]Used to distribute traffic to the website on
      several servers in order to optimise response times.
      Maximum Storage Duration: SessionType: HTTP Cookie
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      zoominfo.com
      
      2
      _cfuvid [x2]This cookie is a part of the services provided by Cloudflare -
      Including load-balancing, deliverance of website content and serving DNS
      connection for website operators.
      Maximum Storage Duration: SessionType: HTTP Cookie
    * www.epiqglobal.com
      6
      .AspNetCore.Antiforgery.#Helps prevent Cross-Site Request Forgery (CSRF)
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      Maximum Storage Duration: SessionType: HTTP Cookie
      .AspNetCore.Mvc.CookieTempDataProviderPreserves the visitor's session
      state across page requests.
      Maximum Storage Duration: SessionType: HTTP Cookie
      ASLBSAThis cookie is used in context with load balancing - This optimizes
      the response rate between the visitor and the site, by distributing the
      traffic load on multiple network links or servers.
      Maximum Storage Duration: SessionType: HTTP Cookie
      ASLBSACORSPreserves users states across page requests.
      Maximum Storage Duration: SessionType: HTTP Cookie
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      any cookies, trackers or other audience targeting tools.
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      CMSLandingPageLoadedThis cookie is used to detect errors on the website -
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      optimize the visitor's experience on the website.
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      used in context with load balancing, in order to optimize user experience.
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 * Preferences 8
   
   Preference cookies enable a website to remember information that changes the
   way the website behaves or looks, like your preferred language or the region
   that you are in.
    * Google
      1
      Learn more about this provider
      
      Some of the data collected by this provider is for the purposes of
      personalization and measuring advertising effectiveness.
      
      maps/gen_204Used in context with the website's map integration. The cookie
      stores user interaction with the map in order to optimize its
      functionality.
      Maximum Storage Duration: SessionType: Pixel Tracker
    * LinkedIn
      1
      Learn more about this provider
      lidcRegisters which server-cluster is serving the visitor. This is used in
      context with load balancing, in order to optimize user experience.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
    * Vimeo
      2
      Learn more about this provider
      playerSaves the user's preferences when playing embedded videos from
      Vimeo.
      Maximum Storage Duration: 1 yearType: HTTP Cookie
      sync_activeContains data on visitor's video-content preferences - This
      allows the website to remember parameters such as preferred volume or
      video quality. The service is provided by Vimeo.com.
      Maximum Storage Duration: PersistentType: HTML Local Storage
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      1
      _g2_session_idUsed to embed customer reviews onto the site from
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      2
      loglevelMaintains settings and outputs when using the Developer Tools
      Console on current session.
      Maximum Storage Duration: PersistentType: HTML Local Storage
      wistia-video-progress-#Contains a timestamp for the website’s
      video-content. This allows the user to resume watching without having to
      start over, if the user leaves the video or website.
      Maximum Storage Duration: PersistentType: HTML Local Storage
    * www.g2.com
      1
      events_distinct_idUsed to embed customer reviews onto the site from
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      Maximum Storage Duration: SessionType: HTTP Cookie

 * Statistics 8
   
   Statistic cookies help website owners to understand how visitors interact
   with websites by collecting and reporting information anonymously.
    * Microsoft
      2
      Learn more about this provider
      _clsk [x2]Registers statistical data on users' behaviour on the website.
      Used for internal analytics by the website operator.
      Maximum Storage Duration: SessionType: HTTP Cookie
    * Vimeo
      1
      Learn more about this provider
      vuidCollects data on the user's visits to the website, such as which pages
      have been read.
      Maximum Storage Duration: 2 yearsType: HTTP Cookie
    * epiqglobal.com
      js.monitor.azure.com
      
      2
      ai_user [x2]Used by Microsoft Application Insights software to collect
      statistical usage and telemetry information. The cookie stores a unique
      identifier to recognize users on returning visits over time.
      Maximum Storage Duration: SessionType: HTTP Cookie
    * www.epiqglobal.com
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      ziwsSessionCollects statistics on the user's visits to the website, such
      as the number of visits, average time spent on the website and what pages
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      as the number of visits, average time spent on the website and what pages
      have been read.
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      The cookie roots from Wistia, which provides video-software to websites.
      Maximum Storage Duration: PersistentType: HTML Local Storage

 * Marketing 31
   
   Marketing cookies are used to track visitors across websites. The intention
   is to display ads that are relevant and engaging for the individual user and
   thereby more valuable for publishers and third party advertisers.
    * Google
      6
      Learn more about this provider
      
      Some of the data collected by this provider is for the purposes of
      personalization and measuring advertising effectiveness.
      
      IDEUsed by Google DoubleClick to register and report the website user's
      actions after viewing or clicking one of the advertiser's ads with the
      purpose of measuring the efficacy of an ad and to present targeted ads to
      the user.
      Maximum Storage Duration: 400 daysType: HTTP Cookie
      pagead/landing [x2]Collects data on visitor behaviour from multiple
      websites, in order to present more relevant advertisement - This also
      allows the website to limit the number of times that they are shown the
      same advertisement.
      Maximum Storage Duration: SessionType: Pixel Tracker
      _gidUsed to send data to Google Analytics about the visitor's device and
      behavior. Tracks the visitor across devices and marketing channels.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
      NIDRegisters a unique ID that identifies a returning user's device. The ID
      is used for targeted ads.
      Maximum Storage Duration: 6 monthsType: HTTP Cookie
      pagead/1p-user-list/#Tracks if the user has shown interest in specific
      products or events across multiple websites and detects how the user
      navigates between sites. This is used for measurement of advertisement
      efforts and facilitates payment of referral-fees between websites.
      Maximum Storage Duration: SessionType: Pixel Tracker
    * Pardot
      4
      Learn more about this provider
      visitor_id# [x3]Used in context with Account-Based-Marketing (ABM). The
      cookie registers data such as IP-addresses, time spent on the website and
      page requests for the visit. This is used for retargeting of multiple
      users rooting from the same IP-addresses. ABM usually facilitates B2B
      marketing purposes.
      Maximum Storage Duration: 10 yearsType: HTTP Cookie
      lpv#Used in context with behavioral tracking by the website. The cookie
      registers the user’s behavior and navigation across multiple websites and
      ensures that no tracking errors occur when the user has multiple
      browser-tabs open.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
    * YouTube
      18
      Learn more about this provider
      #-#Used to track user’s interaction with embedded content.
      Maximum Storage Duration: SessionType: HTML Local Storage
      iU5q-!O9@$Registers a unique ID to keep statistics of what videos from
      YouTube the user has seen.
      Maximum Storage Duration: SessionType: HTML Local Storage
      LAST_RESULT_ENTRY_KEYUsed to track user’s interaction with embedded
      content.
      Maximum Storage Duration: SessionType: HTTP Cookie
      LogsDatabaseV2:V#||LogsRequestsStoreUsed to track user’s interaction with
      embedded content.
      Maximum Storage Duration: PersistentType: IndexedDB
      remote_sidNecessary for the implementation and functionality of YouTube
      video-content on the website.
      Maximum Storage Duration: SessionType: HTTP Cookie
      ServiceWorkerLogsDatabase#SWHealthLogNecessary for the implementation and
      functionality of YouTube video-content on the website.
      Maximum Storage Duration: PersistentType: IndexedDB
      TESTCOOKIESENABLEDUsed to track user’s interaction with embedded content.
      Maximum Storage Duration: 1 dayType: HTTP Cookie
      VISITOR_INFO1_LIVEPending
      Maximum Storage Duration: 180 daysType: HTTP Cookie
      YSCPending
      Maximum Storage Duration: SessionType: HTTP Cookie
      ytidb::LAST_RESULT_ENTRY_KEYUsed to track user’s interaction with embedded
      content.
      Maximum Storage Duration: PersistentType: HTML Local Storage
      YtIdbMeta#databasesUsed to track user’s interaction with embedded content.
      Maximum Storage Duration: PersistentType: IndexedDB
      yt-remote-cast-availableStores the user's video player preferences using
      embedded YouTube video
      Maximum Storage Duration: SessionType: HTML Local Storage
      yt-remote-cast-installedStores the user's video player preferences using
      embedded YouTube video
      Maximum Storage Duration: SessionType: HTML Local Storage
      yt-remote-connected-devicesStores the user's video player preferences
      using embedded YouTube video
      Maximum Storage Duration: PersistentType: HTML Local Storage
      yt-remote-device-idStores the user's video player preferences using
      embedded YouTube video
      Maximum Storage Duration: PersistentType: HTML Local Storage
      yt-remote-fast-check-periodStores the user's video player preferences
      using embedded YouTube video
      Maximum Storage Duration: SessionType: HTML Local Storage
      yt-remote-session-appStores the user's video player preferences using
      embedded YouTube video
      Maximum Storage Duration: SessionType: HTML Local Storage
      yt-remote-session-nameStores the user's video player preferences using
      embedded YouTube video
      Maximum Storage Duration: SessionType: HTML Local Storage
    * b.6sc.co
      1
      v1/beacon/img.gifUsed in context with Account-Based-Marketing (ABM). The
      cookie registers data such as IP-addresses, time spent on the website and
      page requests for the visit. This is used for retargeting of multiple
      users rooting from the same IP-addresses. ABM usually facilitates B2B
      marketing purposes.
      Maximum Storage Duration: SessionType: Pixel Tracker
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      pardot.com
      
      2
      pardot [x2]Used in context with Account-Based-Marketing (ABM). The cookie
      registers data such as IP-addresses, time spent on the website and page
      requests for the visit. This is used for retargeting of multiple users
      rooting from the same IP-addresses. ABM usually facilitates B2B marketing
      purposes.
      Maximum Storage Duration: SessionType: HTTP Cookie

 * Unclassified 6
   Unclassified cookies are cookies that we are in the process of classifying,
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      Learn more about this provider
      g2trackingPending
      Maximum Storage Duration: PersistentType: HTML Local Storage
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      1
      dd_testcookiePending
      Maximum Storage Duration: SessionType: HTTP Cookie
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      3
      _zitok [x3]Pending
      Maximum Storage Duration: SessionType: HTTP Cookie
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      1
      unifiedScriptVerifiedPending
      Maximum Storage Duration: SessionType: HTML Local Storage

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ANGLE


CYBER INCIDENTS ON THE RISE: TIPS FOR EFFECTIVE DATA BREACH NOTIFICATION

 * Cyber Breach Response
 * 3 Mins

   
   
   
   
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Cyber incidents have been growing at an exponential rate in recent years. A
recent report from the Identity Theft Resource Center found that there were over
one billion data breach victims in Q2 of 2024, which is around five times the
number of victims accounted for in the first half of 2023.  

Organizations looking to protect themselves from the financial and reputational
impact of a data breach need to have a robust and carefully strategized response
plan in place, and that response plan begins with an effective notification
strategy. The execution of that strategy can impact everything from regulatory
penalties to class action litigation to the trust of clients, partners, and
employees. 

One silver lining of the continuing upward trend of data breach incidents is
that organizations and industry experts are continually developing stronger and
more effective strategies for handling them. Using that hard-earned knowledge as
a playbook can help organizations mitigate damage if and when a data breach does
occur.


UNDERSTANDING DATA BREACH NOTIFICATION REGULATIONS

Data breach notification is not only crucial for keeping stakeholders,
employees, and data breach victims abreast of the ongoing incident, but it’s
also an obligation under state, federal, and international law. Understanding
those regulatory obligations is the foundation of developing a sound response
plan.

In the United States, data breach notification legislation is currently
comprised of a patchwork of state-level laws. Organizations operating in the
healthcare, financial, and insurance industries are also beholden to
industry-specific regulations. Internationally, data breach notification
obligations can vary widely. 

Complying with these data breach laws, and potentially juggling several at once,
is one of the more difficult aspects of creating a strong cyber incident
response strategy and it’s a common reason for ineffective incident response. 

Epiq VP of eDiscovery and Cyber Solutions, Brandon Hollinder, found that in many
data breach responses, “People didn’t necessarily take the time to understand
[compliance] obligations up front and that can slow down the actual response or
their ability to comply.”

This is why it’s crucial for organizations to not only understand all applicable
data breach laws during an incident, but to also understand what data they have,
how they keep it, where and for how long it’s stored, and why it’s being
stored. 


CONTRACTUAL DATA BREACH NOTIFICATION OBLIGATIONS

Contract provisions regarding data breach notification can place significantly
more pressure on organizations following a cyber incident. While state laws may
offer a 30-day window for notification, and often even more than that, some
contracts reduce that timeframe down to as little as 24 hours. Meeting those
obligations requires an effective contract management system, which can more
easily be established with the help of Contract Lifecycle Management tools.  


BEST PRACTICES FOR DEVELOPING AN EFFECTIVE DATA BREACH RESPONSE STRATEGY

Notification is a critical aspect of an effective data breach response, but it’s
only part of it. Ensuring effective notification means having a robust response
plan in place. That plan should include the following:


RETAINING BREACH COUNSEL

Data breaches are complex incidents that move at a breakneck pace. If
organizations are rushing to better understand effective response strategy in
the midst of one, they will be moving far too slow. That’s why retaining expert
counsel with hands-on experience in data breach response is vital.

Given the complexity of a data breach incident, it’s unlikely that engaging
inexperienced counsel will provide an effective response, and according to
Brandon Hollinder, it can even be detrimental. He says that “one of the
challenges we have is when we’re helping a client on [a data breach incident]
and they’ve engaged counsel that isn’t an expert on this, who doesn’t do breach
or cyber or security all the time…those are the hardest cases to work through.” 

Expert breach counsel can operate like a quarterback during cyber incident
response, delegating responsibilities, unifying the response, and mitigating
risk. A common error for many organizations is to panic following a cyber
incident and hastily reach out to third party vendors without a unified strategy
in place, resulting in a chaotic and ineffective response. Breach counsel can
help to avoid this issue.  


NOTIFY INSURANCE BROKER AND CARRIER FIRST

The first step for organizations responding to a cyber incident should always be
to inform their broker and carrier. It’s common for organizations to avoid
notifying insurance promptly, as they fear the impact it will have on their
premiums. In reality, data breaches are so commonplace today that an effective
response can actually show insurance carriers that the organization is a reduced
risk rather than a heightened one.   


DEVELOPING A UNIFIED VOICE

Mixed messaging during a cyber incident response can indicate incompetence at
best and dishonesty at worst. No matter who these conflicting communications are
directed at, they will be looked at as an alarm bell that can not only result in
broken trust, but in regulatory penalties and class action litigation.

Breach counsel can work to unify communications across all channels, provide all
crucial information, prevent oversharing, ensure maximum transparency, and share
relevant updates. Breach counsel can also communicate with law enforcement, as
they have developed a rapport and have experience in effectively communicating
with these organizations.


REMAINING PREPARED

The efficacy of the immediate post-breach response is going to be determined by
how much planning is done ahead of time and how good of a plan was put in place.
That time up front allows for the correct execution when an actual event arises.

Data breach response is not something that can be handled on the fly.
Organizations must have a clear plan in place well before an incident occurs.
Responsibilities should be delegated, strategy should be communicated, and
third-party help should be on standby. 

Data breach response strategies can be clarified and strengthened with the help
of tabletop exercises designed to simulate the planned response in real time.
These exercises won’t just help stakeholders understand their role in the
response, but provide a sense of confidence and muscle memory that can mitigate
risk and allow them to keep pace 

Every organization is different, which means that an effective data breach
response plan must be tailored to that organization’s unique needs. Third-party
vendors should understand the organization, their client base, their financials,
and their workflow to ensure an effective response. 


REBUILDING TRUST

There will likely be some reputational damage incurred following a cyber
incident, but an effective response strategy and notification protocol can help
to mitigate it and allow for trust to be more easily regained. How an
organization responds, the team it has put together, the quality of
communication, and the level of transparency are all significant factors. 

“You can’t go back an undo that event that happened, so what can you do to show
the positives? If you don’t have a unified message…that’s where you can run into
challenges…and that’s where you lose the trust.” – Brandon Hollinder


CONCLUSION

There is no surefire way to avoid a data breach which means a robust response
plan is critical, and that includes a clear plan for notifying the necessary
entities. Because data breaches are so complicated and the related risks are so
high, developing that plan is not something that should be kept strictly
internal. Working with data breach experts prior to and during an incident helps
to ensure an effective response strategy and compliant notification protocol.
Remember that the efficacy of an incident response is largely decided prior to
the incident occurring. That’s why preparation is paramount.

The contents of this article are intended to convey general information only and
not to provide legal advice or opinions.


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