We would like to thank Darlingtons for this guest post on a business imperative. Its always reassuring to have a legal perspective on Security.
“As a law firm offering specialist advice in areas including employment law and fraud, at Darlingtons Solicitors, we see on a day to day basis the impact of legal and security threats which turn into issues causing at best, significant damage, in financial and other terms to a business, and at worst, which can literally put a business out of business.
In our experience, all clients, big or small, do have a sense of threats to their businesses, internal and external, but many tend to somehow try and put these to the back of their mind, and this ties in with the general problem both legal and security professionals face – we are not selling something which clients see as a clear benefit to their business.
Benefit has a traditional sense of a positive outcome, generally financial, and in that sense, preventing damage does not fit with the traditional sense of the word. However, when thinking of bottom line figures, preventing or mitigating losses does have a real impact on any business.
Failing to advise is failing a client
Accepting as a starting point that pushing an argument, however correct, too hard on the lines of “failing to plan is planning to fail” will be unlikely to result in a client handing over a blank cheque to either lawyers or security consultants, what perhaps differentiates the better companies is an ability to understand proportionate threats, limited budgets and to provide advice to clients tailored for that client and based on experience.
Take data protection as an example. Most businesses know that there are laws about data protection, most also understand that their business data, client lists, product information, suppliers and other data are a critical part of their business, but a smaller business with a limited budget may not know which are the biggest threats and what options there are which they may be able to afford to limit the potential damage that could be caused by doing nothing.
For example, it is all very well advising a client that they need a data protection policy, a social media policy, a contract of employment with strong restrictive covenants and so on, but ultimately, these are pieces of paper. A determined, desperate or foolhardy employee intent on stealing business or vindictive damage on an employer may not even care whether they get sued later and are quite possibly not worth suing.
However, if lawyers work closely with security professionals, the legal paperwork can more easily dovetail with practical safeguards which may prevent loss, such as IT security controls.
In turn, security professionals need to take on board legal issues, such as, for example, where a business decides to monitor it’s employees online activities. In that situation, serious legal consequences would result if the business does not advise the employees it is monitoring them, which can be criminal as well as civil.
In our experience and view, the best approach to legal and security threats, particularly for small businesses is to consider seriously an annual security and legal audit. Progressive law firms and security companies are now offering these at low cost or in some cases even free. A composite report, identifying threats based on risk level and potential ramifications, both legal and practical, presenting the commercial and legal argument for taking action, based on priority and cost is reasoned, proportionate method and good business sense.
For further advice or assistance on legal risks, legal problems you currently have or to discuss a legal audit, we would be happy to assist, please get in touch.” – Darlingtons Solicitors.