You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

November 20, 2015

Cyber Security Preparedness: It’s a Dangerous World Out There

Informed Counsel

Virtually all of us are dependent on the use of the Internet and Internet-connected devices. People are plugged in, online, and in constant communication through wired and wireless telecommunication networks coupled to the Internet.

By virtue of this dependency, we entrust Internet-enabled applications, programs, and connected devices with our most private communications and personal and financial details. Yet we read, almost on a daily basis, of hacks and compromises on a gargantuan scale, of the very systems we entrust with our private business and personal data.

The disclosures of Edward Snowden and others have increased public awareness about the need to be mindful of cyber security and cyber threats in our IT-centric world of smartphones, Internet, and Cloud-based services.

Businesses are faced with many of the same cyber security risks as individuals, but businesses are made to bear greater legal and financial responsibility in the event of a compromise.

Today, cyber security, including data protection, is a board-level critical business risk area. A major compromise of a corporate IT system may raise significant business continuity and business reputation risks, in addition to possible lawsuits by customers and actions by the government/regulators, such as investigations, penalties, and fines. Companies now find their risk management committees devoting more and more time to cyber security issues.

The cyber risk landscape is highly dynamic, making ongoing proactive prevention necessary but difficult. Moreover, it is very difficult for a business to keep a breach of its IT system private, irrespective of legal obligations or attempts to control public disclosure that a system has been hacked.

Worse still, the detection of a compromise or hack often happens many months or even years after the initial compromise. Clearly, dealing with cyber risks requires diligent attention. But given the dynamic nature of cyber risks, what areas should a business focus on when establishing a program of cyber security preparedness?

Cyber security preparedness necessarily involves much more than board supervision and risk management committee oversight. It also requires a review of what cyber security processes, structures, and mitigation measures government regulators expect in each of the jurisdictions where a company does business and/or where the relevant data resides. Going beyond legal issues, the review must also take account of practicalities, including costs, perceived risk, and objective reasonableness.

One key component of such a review is an assessment of vendor risk management, which has become even more important given the broad adoption of Cloud services. The review should include consideration of vendor policies, procedures, and contracts to ensure the sufficiency of security obligations and legal remedies to protect the company against a compromise by, or through, any of its vendors.

Cyber security risk assessment has also become a core component of due diligence, particularly in mergers and acquisitions. In addition to considering whether there are any ongoing regulatory investigations or enforcement actions relating to breaches or other compromises, a due diligence review should address whether the target company has critical data assets (e.g., personally identifying information of customers and/or credit card data) and whether the target has experienced data breaches, and if so, provide an explanation of the damage and how it was mitigated. It should also take account of the risk of future breaches, and more generally, whether the target’s cyber security program is adequate using both industry benchmark standards as well as legal requirements.

For example, a cyber security program should include an incident response plan that is tested through tabletop exercises with senior management, technology representatives, and legal counsel, and it should be kept up to date, taking account of new threats that are identified. The incident response plan should be developed using multiple scenarios to realistically simulate potential incidents including Advanced Persistent Threat (APT) intrusions, data theft, insider attacks, and denial of service attacks. The plan must also take account of the type of business.  For example, retailers should consider point-of-sale attack scenarios.

While important, detection is merely the first step. Businesses should also have in place policies and procedures for a proper response, providing for appropriate escalation within the organization’s management structure, mitigation of risk, and preservation of forensic evidence once a compromise is discovered. It should also protect attorney-client privilege materials and the company’s legal rights, in case lawsuits or government or regulatory investigations subsequently arise.

In today’s world, companies need to take a proactive stance in dealing with cyber security.  Companies’ dependence on IT systems and Cloud-based services will only increase, and cyber security will continue to become ever more important. Companies must prepare for attacks from the inside as well as from outside third parties (including both criminally-motivated individuals as well as state-sponsored attacks).

Company executives, hand in hand with legal counsel and the technology team, must work together to continually evaluate a company’s preparedness and develop and implement defense and mitigation strategies to prevent and limit damage due to cyber attacks.

RELATED INSIGHTS​ 

September 30, 2026
On September 15, 2026, Vietnam’s Ministry of Finance (MOF) released for public consultation a draft circular on reporting and information disclosure in the pilot crypto asset market. The draft implements Resolution No. 05/2025/NQ-CP on the Pilot Implementation of the Crypto Asset Market in Vietnam and provides further detail on how licensed crypto asset service providers (“CASPs”) will be supervised once the market becomes operational. The draft indicates a data-intensive supervisory model, with licensed CASPs serving as the first line of market oversight. Public Disclosure Requirements The draft imposes detailed public disclosure requirements on CASPs, aimed primarily at market transparency. CASPs and crypto asset issuers must make disclosures in both Vietnamese and English, retain reported and disclosed information for at least 10 years, and keep information published on their websites accessible for at least five years. For CASPs, disclosure obligations arise both periodically and when specific events occur. A CASP must announce any crypto asset to be admitted to trading on its website at least seven days before trading begins and publish periodic financial statements. Certain extraordinary events and information requested by the MOF must generally be disclosed within 24 hours. CASPs must also provide ongoing market information. During trading hours, they must publish key trading data, including prices and volumes, daily highs and lows, average prices, the three best bid and offer levels, and transactions by foreign investors. By 9:00 a.m. each trading day, they must publish specified information on the previous day’s trading activity. Regulatory Reporting Requirements Separate from public disclosure, the draft requires CASPs to provide regulators with detailed information enabling ongoing supervision of their operations and the market. For market activity, CASPs must report decisions to admit or remove a crypto asset from trading within 24 hours, submit previous-day trading data to the State Securities Commission
September 24, 2026
Vietnam is implementing and developing a broad package of regulatory reforms that could reshape how IP, data, digital platforms, and product authenticity are regulated and enforced. Several of the key measures have been led by the Ministry of Public Security in its legislative and administrative capacity, as part of a broader government effort. The core reform package consists of four key legal instruments: proposed amendments to the Criminal Code, a proposed new Data Security Law, a draft Decree on Product Identification, Authentication and Traceability, and the newly enacted Decree No. 330/2026/ND-CP. These instruments include rules on criminal enforcement, data security, electronic identification, product identification and traceability, administrative violations, and cybersecurity sanctions. Combined, these measures will affect copyright enforcement, industrial property rights, trade secrets, AI training data, product provenance, online takedowns, valuation of counterfeit goods and electronic evidence. It is worth noting that, in addition to strengthening criminal penalties for IP crimes, Vietnam’s emerging regulatory framework increasingly treats infringement, data misuse, product authentication, and platform-enabled violations as interconnected regulatory and enforcement challenges. For rights holders and foreign investors, this could mean stronger tools against counterfeiting and online infringement, but also more compliance obligations around data, traceability, AI, platform controls and government-facing reporting. Expansion of Criminal IP Enforcement Proposed amendments to Article 225 of the Criminal Code would expand criminal copyright exposure beyond reproduction and distribution to cover large-scale commercial public performance and online communication of works, phonograms and video recordings. This is important because piracy is increasingly about streaming, unauthorized communication, and platform access models rather than physical copying. Aggravated copyright infringement could be subject to up to 10 years in prison for individuals and fines of up to VND 6 billion (about USD 228,300) for commercial legal entities. The amended Article 226 would expand criminal industrial property liability beyond
September 17, 2026
Thailand’s Office of the Consumer Protection Board (OCPB) has released for public comment a draft bill to amend the Consumer Protection Act B.E. 2522 (1979), the country’s foundational consumer protection legislation. The draft amendment aims to modernize the nearly five-decade-old framework to address the rapid growth of digital commerce, online advertising, influencer marketing, and new business models. The public consultation period is open until October 10, 2026. Expanded Definitions Covering Digital Commerce The draft significantly broadens several core definitions to capture modern commercial activities: “Consumer” is expanded to include natural persons and nonprofit juristic persons who purchase or receive services, including those solicited by businesses and end users who do not directly pay for the goods or services. “Business operator” now explicitly covers advertising business operators and hired advertising persons, such as influencers and content creators. “Advertising media” is expanded to include digital platforms, social media, and social media user accounts. “Label” now encompasses electronic labels—symbols, codes, or other electronic formats displaying product information. Influencer and Advertising Disclosure Requirements In addition to these expanded definitions, “hired advertising person for selling goods or services” is a new definition covering influencers, content creators, live streamers, affiliate marketers, and virtual online media operators who receive monetary compensation or other benefits for advertising goods or services. Hired advertising persons—including influencers and content creators—must disclose to consumers that content is advertising and reveal their relationship with the business owner. Disclosure is required when the business owner employs the advertiser, pays or provides other benefits for the advertisement, or provides free or discounted products or services. These requirements apply where consumers would not otherwise know that the business has a connection to the person presenting the content. Labeling Requirements for Importers The draft introduces a clearer labeling obligation for importers of label-controlled goods, who must
September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should