Breach Counsel Service

When data incidents and breaches happen you need a fast, comprehensive solution to get you running smoothly again.

Our Breach Counsel Service is designed with your needs in mind. We’ll quickly assemble the right team of privacy experts to guide you through the challenges of a breach, unauthorised access, or any other cyber emergency.

How we can help you

Our Breach Counsel Service covers everything you need to manage your legal response in the event of a data or cyber breach. We’re on hand to assist you anytime and anywhere. From planning, incident management through to remediation support, we tailor our market-leading expertise to whatever your situation requires. With an end-to-end service encompassing a project management platform, we’re with you at every step of the journey to get you back on track. 

Our Breach Counsel Service is made up of three key components. You can request one or all of these depending on your data breach or cyber incident requirements. 

Data breach readiness

Having a proper breach response plan is a legal requirement in many countries. We’ll support you in creating your incident response plan and assessing the risks and your preparedness, providing “quick wins” to help you achieve improved protection. 

We’ll also help you develop a comprehensive data breach approach and communications plan to ensure you are well placed to provide a timely response, ahead of an incident occurring. With this, we can minimise your time spent on incident management and guarantee you can respond to and mitigate the effects of a data breach.

Part of your data breach preparedness also includes our experts keeping you informed about emerging threats, changing regulations and requirements. We’ll regularly review your plans to ensure they address the changing legal landscape, giving you complete peace of mind. 

Our data breach readiness approach can be combined with our CyberBox offering, so you’ll also have support on the development of cyber resilience programmes to reinforce your regulatory compliance requirements. Find out more on CyberBox here

Table-top training exercises – stress-test your policies through our data breach simulations

As part of our data breach preparedness, we offer table-top training simulation exercises. These exercises identify any gaps in your preparations to resolve before an incident occurs. We‘ll help you implement proportionate security enhancements, plans, and training so you’re fully prepared for any future incidents. 

Get in touch with our team to find out more

Data breach response

Experienced incident management can mitigate the consequences of a data incident. Our processes leverage team know-how, industry best practice and regulatory guidelines. Our core services include:

  • Drafting and submitting filings to authorities and managing necessary responses to further questions;
  • Information gathering and advice on communication strategies and legal privilege;
  • Managing interactions with insurers;
  • Liaising with law enforcement and cybersecurity agencies;
  • Providing practical advice to anticipate and reduce risk;
  • Assessing breach notification obligations under personal data and cyber security laws;
  • Drafting communications to impacted parties; and
  • FAQs and call-centre scripts for notifications to customers.
Ongoing support and mitigation

Contract management

A data incident can trigger contractual obligations to your business partners or employees. We can evaluate your obligations, including time-sensitive breach reporting duties. Our international capacity allows a timely review of large numbers of agreements in many languages. 

Remediation assistance 

Remediation support includes possible litigation or conflict settlement and subsequent communication with authorities including in relation to potential fines and measures to protect your company against recurrence. We’ll also help you to learn from the incident, as often it will prompt a review of policies, the use of new technologies and security measures to protect the company and adjustment of contracts or risk management strategies.

Additional services

We tailor our incident response services to your needs. If needed, we can offer:

  • 24/7 emergency assistance - Our one-stop support can be available wherever the incident occurs or whatever region might be affected; 
  • Procuring forensic support or implementing three-way forensic services agreements if preferred to facilitate maintenance of legal privilege;
  • Procuring credit monitoring services, post-out and email sending and call centre services; 
  • Comprehensive cyber insurance policy reviews
  • Expert guidance in managing ransomware incidents
  • employment specialists to assist on employee investigations;
  • trade secrets specialists, and teams who enforce intellectual property rights in multiple jurisdictions to prevent use of trade secrets or other IP taken during a cyber-attack;
  • dispute resolution specialists; and
  • brand reputation specialists to support with PR aspects.

Breach Counsel Platform

We have recently launched a new project management tool that can help you easily and effectively navigate breach responses. Our Breach Counsel Platform is free to use for clients and we would be happy to provide a free demo to explain how this works.

Discover more here

Breach Counsel Platform: in action

Dealing with a live multi-jurisdictional data breach

What was the issue?

A US-based online digital services client used the platform during a live multi-jurisdictional incident where they were dealing with a data breach involving several million individuals.

How did we help?

The breach required us to advise on and file data breach notifications in over 30 jurisdictions across the world and manage the specific requirements of each regulatory regime. 

The platform allowed us to create and maintain a ‘single version of the truth’ to ensure efficiency and consistency globally. It minimised the amount of work required of the client to provide information and answer questions. The ability to create, allocate and track actions meant that our global team could work consistently across time zones to meet tight deadlines wherever and whenever they fell. 

Working with this client also provided valuable insight in continuing to refine and improve the platform.

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Find out more about our Breach Counsel Services in our brochure

Find out how you can stress-test your policies with our table-top training simulation exercises

Accolades

The Bird & Bird data protection and cybersecurity practice is able to provide a one-stop worldwide and regional service to advise on data privacy and cybersecurity-related laws

Legal 500: Data Protection & Cybersecurity, 2024

One of the biggest skills that Bird & Bird lawyers have is the ability to explain complex matters in a very simple way.

Chambers: Data Protection and Information Law, 2024

The level of the advice is exceptional, based on a deep understanding of our segment of the market – tech and privacy.

Legal 500: Data Protection & Cybersecurity, 2024

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