Cyber Incident Response

Cyber threats are currently at the top of the list of business risks. Many organizations are so dependent on their digital infrastructure that a cyber incident (such as ransomware) can seriously jeopardize the continuity of business processes. Even seemingly simple cyber incidents (such as a hacked email account through phishing) can cause significant damage to the organization itself, as well as to employees and business relations.

An adequate response to a cyber incident is vital for every organization. After all, a cyber incident is increasingly not only a technical problem, but also an operational, communicational, and legal issue.

Managing a cyber incident therefore requires a holistic approach by a multidisciplinary team. To be effective, the response must not only resolve the technical issue, but also address all other consequences of the attack. For example, it may be necessary to:

Comply with statutory and contractual notification obligations and, where appropriate, file a report with the police.

Take measures to prevent and limit damage as much as possible, such as obtaining information from attackers or paying a ransom.

Communicate with internal stakeholders, such as employees and, for example, a Board of Directors, and handle external communication with customers and the press.

If the consequences of a cyber incident affect multiple group companies, it is also necessary to centrally coordinate the response to the attack.

More information about what is involved in a cyberattack can be found in our Mindmap: Key points for In-house Counsel.

For many organizations, a cyber incident is not an everyday occurrence and therefore not something they have experience with. Experienced parties that can guide organizations through the recovery processes following a cyber incident are of great importance.

Together with our partners, the Incident Response Team of Kennedy Van der Laan is always ready to assist. In case of urgency, please contact: incident.response@kvdl.com or +31 85 401 36 33. 

A cyber incident always occurs unexpectedly. However, organizations can do a great deal in advance to prepare. Good preparation is directly reflected in, for example, the following advantages:

• Information about systems required for recovery is available in an accessible location;
• Evidence required for forensic investigation is available to investigators;
• The analysis of which statutory and contractual obligations apply to the organization is available to legal counsel;
• The crisis team has received crisis training and can therefore perform its tasks quickly and efficiently.

Good preparation also includes considering whether cyber insurance is suitable for the organization, or entering into a retainer agreement with incident response providers. This enables organizations to quickly call in the necessary assistance when every second counts.

Want to learn more about Cyber Incident Response? Please contact Rosalie Brand or Erik Jonkman.