Disaster Recovery and Business Continuity raise a wide gamut of legal concerns, ranging from the mundane e.g. daily data back-ups to the emergency e.g. relocation in the event of a cataclysm.
In all such situations, uninterrupted access to relevant information and data is key and resident devices range from servers to smartphones. Customer data is likely to be involved and data controllers must implement appropriate policies to cover off Data Protection and data security concerns. In accordance with the Data Protection Act, they must implement “appropriate technical and organizational measures” so as to protect against “unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data”.
Where Disaster Recovery or Business Continuity are outsourced to third parties, appropriate agreements must be entered into to set out each party’s rights and obligations in relation to the data.
We can provide legal advice and contractual support around any of these issues.
For further information, please call Simon Halberstam on 020 3206 2781 or via email to [email protected]smab.co.uk.