Use Common Sense. Unless you
are a reality television star, data leaks
don’t create value. Therefore, you will
want to exercise common sense.
• Use private networks. Although
handy (and free), public Wi-Fi
lacks security for your mobile data.
• Avoid communicating with “free”
email services and use encryption
for sensitive information.
• Avoid third-party computers that
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may have key logging or viruses
(e.g., the hotel business center).
• Use caution — e.g., thumb drives
(even new ones) may come with
pre-loaded malware. Don’t connect
them to a device that does not have
current anti-virus software.
• Scrub metadata before distributing documents.
Shift the Risk. As with any trans-
action, deal terms involving firm or
client data should not be limited to
price and a service description.
Try to avoid click-through agree-
ments. Not surprisingly, these are not
pro-consumer terms. Look for cloud
service providers or third-party re-
sellers who are willing to accept some
risk for storing sensitive data.
Obtain cyber liability insurance
(generally speaking, your comprehensive, umbrella, and E&O insurance likely will not cover cyber liability issues).
Today, we’re half a generation removed from the chatter about whether
communication by cellphone or email-waived attorney-client privilege and
what, precisely, needed to be included
in sometimes shockingly long facsimile and email notices and disclaimers.
The technology scolds notwithstanding, we’ve long left the days when one
of the biggest risks to client confidentiality was leaving the file cabinet unlocked or leaving behind a deal sheet
on a photocopier. Today’s technology
enables users to have orders of magnitude greater data in their pocket . . . or
left behind on a coffee counter. Accordingly, the need for common sense
— and keeping abreast of technology
— is even more urgent. NWL
Gayton is an
He can be
a member of
Editorial Advisory Committee and
has helped build small and large
e-commerce businesses. He can be
reached at firstname.lastname@example.org.