Compliance in Cybersecurity: 7 Approaches to Avoid Lawsuits & Losses

Technology is essential for organizations to streamline operations and store important information. However, as reliance on digital platforms increases, so does the risk of cyber threats.

A robust cybersecurity compliance framework is crucial to protect against these evolving risks and ensure the safety and integrity of your organization's digital ecosystem.

Regulatory bodies and industries have established standards and regulations that organizations must follow to safeguard user data and prevent espionage.

Why is Cybersecurity Compliance Important?

Cybersecurity compliance entails aligning your organization’s measures with established industry standards, regulations and internal policies. These frameworks provide a structured approach to identifying and mitigating risks while maintaining information confidentiality, integrity and availability.

Cybersecurity compliance is essential to building customer trust, legal and financial protection, risk mitigation and competitive advantage. It is not just a checkbox exercise but a strategic investment in any organization's long-term health and resilience.

The Consequences of Non-compliance

Non-compliance can damage financial standing, legal penalties and reputation. These implications underscore the need to know these risks and possible implications for your organization.

The expected consequences of cybersecurity non-compliance include:

Legal Penalties

Legal standings and proceedings resulting from non-compliance with cybersecurity standards and regulations are becoming common across industries. 

Norton Rose Fulbright's recent Annual Litigation Trends Survey indicates that cybersecurity and data protection are anticipated to be significant catalysts for new legal disputes in the coming years. Contributing factors include more advanced cyberattacks, reduced oversight of employees and contractors in remote settings, and worries about the volume of client data.

Financial Penalties 

Regulatory bodies impose fines on organizations that fail to adequately protect sensitive data. For instance, the General Data Protection Regulation (GDPR) can levy a fine of up to 4% of annual global turnover or CAD 30 million, whichever is higher. Such penalties can significantly impact an organization’s financial health.

Reputational Damage 

A cybersecurity issue can lead to a loss of confidence in an organization.  When such an incident occurs, it builds distrust among your customers and stakeholders, leading to a decline in business. According to the International Association of Privacy Professionals, 80% of consumers in developed nations will stop doing business with a company if a security breach impacts their personally identifiable information. 

Data Breach 

Non-compliance could lead to data breaches, which can potentially result in identity theft, financial loss, and other forms of exploitation for those affected. The costs of data breaches are substantial and can lead to millions of dollars in losses.

Operational Disruptions 

Noncompliance may cause internal IT outages, corrupt data and halt normal business operations. In severe cases, operational disruptions can threaten the very survival of your organization.

Examples of consequences of non-compliance:

1. Uber Technologies: Uber was forced to pay $148 million for exposing 57 million users and collaborating with hackers to cover the breach instead of reporting the matter to proper authorities
2. Equifax (2017): Equifax suffered a data breach that exposed the personal information of over 147 million people. Following the suit, the company agreed to pay the Federal Trade Commission (FTC) $700 million to cover the investigation costs and claims arising from the breach. 
3. BlackBerry RIM (2006) - The company faced significant legal issues related to cybersecurity and technology. Network Technology Partners (NTP Inc). filed a lawsuit over wireless email technology and agreed to pay $612.5 million to resolve the dispute. In 2013, the company faced regulatory hurdles with the Indian government over access to encrypted information. The disagreement led to a temporary suspension of services, although the company managed to avoid any financial penalties.
4.  TrueDialog - The SMS texting platform experienced a significant data breach due to non-compliance with security standards. The company exposed millions of text messages, including sensitive information such as phone numbers and account details. Although TrueDialog avoided a direct financial penalty, the reputational damage was considerable, resulting in a loss of clients and revenue.
5. XCas Lab (2017) - XCast Labs, a telecommunications service provider, was fined $95,000 by the Federal Communications Commission (FCC) for failing to comply with the Communications Act. The company did not adequately protect customer proprietary network information (CPNI), which could have led to potential data breaches.
6. VTech (2018)—The electronics company was fined $650,000 by the U.S. Federal Trade Commission (FTC) for failing to protect children’s privacy. Their negligence in securing their online platform exposed data belonging to over 6 million children. 

Cybersecurity & Privacy Compliance

Cybersecurity focuses on the technical aspects of protecting systems, networks, and data from unauthorized access, use, disclosure, disruption, modification, or destruction.

Privacy, on the other hand, is concerned with the rights individuals have over their personal information.

Despite their distinct focus, cybersecurity and privacy are intertwined. Strong cybersecurity measures are essential for protecting privacy. For instance, encrypting data renders it useless to unauthorized parties, safeguarding privacy. Similarly, access controls limit who can view and modify personal information, enhancing privacy.

Common privacy regulations and standards include: 

General Data Protection Regulation (GDPR) — GDPR governs how organizations in the European Union and the US collect and store private data. Personal information includes name, date of birth, IP address, geographic location, health data and payment information. Any company violating the GDPR can be fined up to CAD 30,000,000 or 4% of annual revenue, whichever is higher.  

California Consumer Privacy Act (CCPA )— This regulation compels organizations to give consumers more control over personal data collected. CCPA offers customers the right to information, the ability to opt out of a transaction, non-discrimination, and more. 

Personal Information Protection and Electronic Documents Act (PIPEDA) — This Canadian regulation governs how the private sector collects and uses personal information for commercial activities. PIPEDA also applies to the personal information of employees of federally regulated organizations. 

Health Insurance Portability and Accountability Act (HIPAA) — This is a US regulation that ensures the confidentiality, integrity, and availability of protected health information (PHI). PPI is most applicable in healthcare settings, including healthcare providers, plans, and professionals who handle PHI. 

Payment Card Industry Data Security Standard (PCI DSS) — This is a global regulation that targets organizations that handle card transactions. Non-compliance can result in devastating data breaches and potential loss of customer trust. 

Gramm-Leach-Bliley Act (GLBA) — The GLBA seeks to help financial institutions protect customer data, avoid fines and maintain customer trust. It applies to banks, credit unions, security firms and all other financial institutions. 

Federal Information Security Management Act (FISMA) — FISMA defines the guidelines that safeguard federal government agencies and contractors. It requires federal agencies to report security incidents and compliance status to Congress and the Office of Management and Budget (OMB). 

7 Key Approaches to Cybersecurity Compliance

1. Cybersecurity Compliance Awareness

Conduct a comprehensive assessment of your cybersecurity posture to identify potential vulnerabilities, threats, and gaps in your data security. The primary goal of this exercise is to pinpoint areas where your organization falls short of established standards and regulations. 

Start by evaluating your posture to identify areas that do not meet the required standards. During the audit, assess your cybersecurity practices, policies, and controls. This will help you analyze the effectiveness of the security measures currently in place and identify any gaps or weaknesses that require attention.

2. Risk Assessment and Management

Once you have identified the gaps, prioritize them based on their severity and potential impact. Develop a mitigation strategy to address these risks based on their potential impacts and likelihood of occurrence. 

Steps to follow:

• Identify Gaps: Conduct a detailed assessment to identify vulnerabilities and gaps in your current cybersecurity measures.
• Prioritize Risks: Rank the identified risks based on severity and potential impact on your organization.
• Develop Mitigation Strategies: Create targeted strategies to address each risk and ensure your mitigation plans are effective and practical. 
• Conduct Thorough Audits: Use internal resources or hire external consultants to perform comprehensive audits.
• Continuous Improvement: Regularly review and update your risk assessment and management strategies.

3. Security Policies and Procedures

Create a detailed security policy that outlines your organization’s commitment to cybersecurity. It should define the acceptable use of company devices and networks. Additionally, it is crucial to document step-by-step procedures for handling various cybersecurity processes that should include: 

• Procedures for identifying and responding to security breaches 
• Guidelines for secure data storage 
• Set standards for encrypting sensitive data 
• Implementing and managing access controls 
• Steps for performing regular data backups 
• Protocols for managing and applying software patches to keep systems up-to-date and secure

4. Data Protection and Privacy

To achieve full cybersecurity compliance, it’s crucial to identify and address any gaps in your data's current security measures. Start by conducting a thorough risk assessment to pinpoint vulnerabilities. Once identified, prioritize them based on their risk level. Develop a clear, actionable plan to implement the necessary changes.

Ignoring any possible gaps can make compliance increasingly difficult, so tackling them head-on is essential to protect your organization. 

 key points to keep in mind include;

• Encrypt sensitive data both at rest on servers and in transit.
• Limit the number of people with access to your data through stringent access controls.
• Implement strong passwords, multi-factor authentication, and role-based access controls.
• Handle all data in accordance with relevant privacy regulations to ensure compliance.

5. Incident Response Planning.

Cybersecurity compliance is an ongoing effort that requires constant vigilance and preparation. One key component is having a designated incident response team. Your response team can be in-house or outsourced to a consultant.

A well-defined plan that clearly outlines the steps to be taken in the event of a cybersecurity attack is essential. The plan should clearly indicate procedures for identifying, responding to, and recording cybersecurity breaches.

Additionally, leveraging cybersecurity tools can significantly enhance your ability to detect potential cyber-attacks. Tools such as antivirus software, intrusion detection systems (IDS), and Security Information and Event Management (SIEM) systems are invaluable. The goal is to identify and address risks before they escalate into full-blown data breaches.

6. Vendor Management

Before engaging with a third-party company that will have access to your systems, ensure they adhere to the required cybersecurity standards. Conduct thorough due diligence to verify their compliance with stringent cybersecurity measures. This includes monitoring their cybersecurity policies, certifications, and track records.

When drafting contracts, specify the security controls your partners must implement. It’s also important to conduct periodic assessments to ensure they adhere to their contractual obligations. 

7. Continuous Monitoring and Improvement

It’s crucial for your company to monitor and improve its compliance programs continuously. To ensure swift detection of cyber attacks, utilize real-time monitoring solutions. Consider solutions such as Security Information and Event Management (SIEM), network analysis, and Endpoint Detection and Response (EDR).

Regularly audit and monitor your systems to ensure your Managed Service Provider (MSP) adheres to evolving cybersecurity standards and regulations. Offer your partners customizable reports tailored to their industry standards and hold periodic briefings.

Get Help With Cybersecurity Compliance?

Don’t leave your cybersecurity to chance—take proactive steps now to protect your assets and reputation. At CrucialLogics, we specialize in helping businesses like yours navigate the complex world of cybersecurity regulations and implement effective compliance strategies. 

Do you need a clear path toward cybersecurity compliance? Speak with us today to build a tailored roadmap together. Start with our free, no-obligation cybersecurity assessment to identify your organization's needs.