Data Backup Compliance Requirements to Know

⚖️ Legal and Regulatory Continuity Requirements — What SMBs Need to Know Business continuity isn’t just good practice — in many industries and countries, it’s the law. 📜 Whether you're in finance, healthcare, or tech, regulators expect you to have a plan for keeping operations running during disruptions. Here's a simple breakdown of real laws by country that SMBs should know: 🌍 By Country: United States * HIPAA (Healthcare): Requires contingency plans to protect patient data during emergencies. * FINRA Rule 4370 (Finance): Mandates written BCPs for broker-dealers, including data backup and customer access. Canada * OSFI Guidelines (Finance): Financial institutions must maintain operational resilience and continuity plans. United Kingdom * FCA & PRA Regulations: Require financial firms to have tested BCPs and IT DR strategies. * GDPR: Applies to data processors and controllers, requiring safeguards for data availability and integrity. European Union * DORA (Digital Operational Resilience Act): Enforces strict continuity and recovery requirements for financial entities. * GDPR: Requires data protection measures that include continuity planning. Singapore * MAS Guidelines: Financial institutions must have robust BCPs and IT DR plans, including regular testing. 💡 Why It Matters: Non-compliance can lead to fines, lawsuits, and reputational damage. But more importantly, it can leave your business — and your customers — vulnerable when it matters most. 🚨 If you're an SMB owner, don’t wait for a regulator or a ransomware attack to force your hand. Review your continuity and recovery plans today. Need help? DM me for a quick consult. No jargon. Just real help. #ComplianceMatters #BusinessContinuity #RiskManagement

in the words of #privacyRickyRicardo: Data Processor, you've got some 'splainin to do! New draft CNIL - Commission Nationale de l'Informatique et des Libertés guidance on GDPR certification for data processors may raise the standard for what controllers (in the EU or not) ask from data processors to ensure compliance with privacy laws (especially after the new European Data Protection Board guidance https://shorturl.at/501f6) Things we are discussing with clients that somewhat exceed what we see in DPAs: Pre-Contractual Phase 🔹 Inform controller of purpose & compliance measures with any ex-EU data transfers 🔹 Provide information on general and specific security measures Controller instructions: Establish a procedure for receiving and implementing instructions including: (1) written and dated instructions; (2) informing controller of legal obligations that impact processing; (3) assessing any new instructions for compliance with GDPR. Secondary processing: If you perform processing as a data controller: (1) ensure explicit authorization for secondary processing; (2) notify controller of any legally required processing. Security Measures: Assess and document whether implemented security measures are adequate for the risks associated with processing (Risk analysis frameworks or Pre-filled templates). DPIA Support conducting DPIAs by: (1) Providing relevant details on processing activities and risks; (2) Documenting measures that ensure compliance with GDPR principles (e.g., data minimization, consent management). Policies and training 🔹 Ensure all personnel involved in processing activities are aware of: (1) responsibilities under GDPR; (2) importance of protecting personal data; (3) Procedures for reporting incidents or risks 🔹 Provide training for staff including: Regular updates on data protection regulations; Practical instructions; Specialized training for sensitive data. 🔹 Provide educational resources to raise awareness and ensure compliance 🔹 Maintain register of security incidents Deletion of data at end of contract: 🔹 Delete all personal data from active databases. 🔹 Document deletion process, confirm it in writing to controller & provide proof of deletion upon request. 🔹 Ensure permanent deletion of personal data using secure deletion methods that prevent recovery; including backup systems unless legally required to retain. 🔹 Notify subcontractors about termination; ensure they comply with instructions re: deletion Data governance: 🔹 Action plan to address & improve security of personal data; including: risks, corrective measures; monitoring mechanisms 🔹 Evaluation plan to ensure compliance of subsequent subcontractors including: selection criteria; Processes for monitoring compliance; Corrective actions 🔹 Continuous improvement plan to enhance compliance with data protection regulations 🔹 Monitor & update all policies, procedures, & measures #dataprivacy #dataprotection #privacyFOMO pic by Grok

Given the enormous breaches in 2024, HHS is stepping up their game; shifting many best practices to requirements. Here are 22 takeaways. 1. Make all specifications mandatory, with limited exceptions. 2. Require written policies, procedures, plans, and analyses for Security Rule compliance. 3. Modernize definitions and specifications to align with current technology and terminology. 4. Compliance Timelines: Introduce specific deadlines for meeting requirements. 5. Maintain a technology asset inventory and network map of ePHI movement, updated annually or with environmental changes. 6. Require detailed, written assessments including inventory reviews, threat identification, and risk level evaluation. 7. Notify entities within 24 hours of changes to ePHI access. 8. Written restoration procedures for critical systems within 72 hours. 9. Analysis of system criticality for restoration prioritization. 10. Incident response plans, reporting protocols, and regular testing. 11. Conduct annual audits to ensure Security Rule compliance. 12. Business Associate Verification - Annual verification of technical safeguards by a subject matter expert with written certification. 13. Mandate encryption of ePHI at rest and in transit, with exceptions. 14. Anti-malware, software minimization, and port disabling based on risk analysis. 15. Multi-factor authentication required. 16. Perform vulnerability scans every six months and penetration tests annually. 17. Enforce segmentation to isolate sensitive systems. 18. Require dedicated technical controls for backup and recovery. 20. Test and review security measures annually. 21. Notify covered entities of contingency plan activations within 24 hours. 22. Require plan sponsors to comply with safeguards, ensure agents follow requirements, and notify plans within 24 hours of contingency plan activation. Public comments due in 60 days.