Enhancing Cyber Security: Five Questions to Ask When Evaluating an Ediscovery Partner
As the legal world evolves, cybersecurity and data protection are becoming increasingly paramount. Law firms, corporate legal departments, and government agencies now face heightened vulnerability, emphasizing the urgent need for strong cybersecurity measures. This article explores the challenges brought on by rising cybersecurity incidents, confidentiality obligations, and the pivotal role of technology in selecting ediscovery vendors.
Cybersecurity Incidents on the Rise
The surge in cybersecurity incidents poses a significant threat to organizations, particularly law firms. IBM's annual 'Cost of a Data Breach' report highlights the substantial financial impact, with the average cost of a data breach in the United States reaching $4.45 million—a 15% increase over three years ago. Beyond financial repercussions, breaches also inflict reputational harm, underscoring the strategic imperative for law firms to adopt advanced cybersecurity measures.
Moreover, third-party breaches represent a significant aspect of the cybersecurity landscape, posing substantial challenges to organizations worldwide. These breaches occur when attackers target the systems or networks of vendors and service providers that companies rely on for various functions, such as cloud services, software applications, or infrastructure support. By infiltrating these third-party systems, cybercriminals can gain access to sensitive data belonging to multiple clients or partners of the affected vendor. This not only amplifies the scale of data breaches but also complicates incident response efforts and regulatory compliance requirements for all parties involved.
As demonstrated by prominent incidents like the SolarWinds and Capital One breaches, third-party breaches underscore the interconnected nature of cybersecurity risks and highlight the importance of robust security measures throughout the supply chain ecosystem.
Confidentiality Obligations
The American Bar Association's confidentiality requirements place a heavy burden on legal counsel to prevent unauthorized disclosure of client-related information. As discussions increasingly move from public spaces to strategic decisions about data access and storage, robust cybersecurity measures become essential. Law firms now operate under heightened scrutiny, emphasizing the necessity for stringent cybersecurity compliance, particularly in selecting an ediscovery partner given the sensitive nature of the information involved.
Key Considerations for Ediscovery Partners
With cyber incidents on the uptick, having a trusted third-party ediscovery provider is more important than ever. Evaluating potential ediscovery partners requires a thorough understanding of their approach to safeguarding highly sensitive information. Technology plays a pivotal role in addressing these concerns, offering innovative solutions to enhance cybersecurity.
Asking critical questions ensures a comprehensive evaluation:
Innovative Cybersecurity and Data Governance Approaches: How does the partner leverage technology to maintain robust data security strategies?
Advanced Security Measures: What specific technological measures are implemented to protect sensitive data against evolving threats?
Technology-Enabled Cybersecurity Education and Training: Does the partner use technology for ongoing education and training to stay ahead of cybersecurity threats?
Proactive Technology-Driven Security Measures: How does the partner use technology for proactive identification and mitigation of potential cybersecurity threats?
Technology Certifications and Compliance: Does the partner hold technological certifications or actively pursue certifications to ensure compliance with cybersecurity standards?
Leveraging Technology for Compliance
As cybersecurity regulations evolve, technology becomes a crucial ally in ensuring compliance. Firms must align their policies with technological advancements to understand the steps required when evaluating new vendors. Integrating technology into the due diligence process enhances compliance with regulatory and cybersecurity standards, fostering a resilient and secure legal environment.
Collaborative Involvement of Stakeholders
Efforts in information security extend beyond individual roles, highlighting the importance of technology in creating a unified approach. Involving IT professionals or external firms with technological expertise becomes crucial. Collaboration is key, particularly in organizations with robust technology stacks or hybrid work environments, where technology facilitates a unified understanding of information connections and robust protection.
Safeguarding Your Data
In the ediscovery process, technology emerges as a critical asset in safeguarding vast amounts of information against cyber threats. Understanding an ediscovery partner's technological approach to cybersecurity is not just advisable but vital for fortifying sensitive data. In an era marked by escalating cybersecurity threats, legal professionals must harness technology's capabilities for a comprehensive and collaborative approach to mitigate risks effectively. Technology is not merely a component of cybersecurity; it is the linchpin for resilience and protection against evolving threats in the digital age.
To learn more about Everlaw’s approach to cybersecurity, schedule a demo today.
