Reasonable Measures for Continued Processing During Data Compromise

When a compromise such as data breach, system failure, cyberattack, or natural disaster occurs, companies (Data Fiduciaries or Processors) must take proactive and reactive steps to ensure business continuity and the availability of personal data. These measures include:

1. Regular and Secure Data Backups

  • Maintain automated, periodic backups of personal data, with frequency based on criticality (e.g., daily, weekly).
  • Ensure off-site or cloud backups are stored with encryption and versioning.
  • Periodically test data restore procedures to ensure backup integrity and availability.

 

  1. Business Continuity and Disaster Recovery (BC/DR) Plan
  • Develop and implement a Business Continuity Plan (BCP) and Disaster Recovery Plan (DRP).
  • Include defined Recovery Time Objectives (RTO) and Recovery Point Objectives (RPO).
  • Conduct regular DR drills and document learnings.

 

  1. Data Redundancy and Replication
  • Use real-time replication of critical personal data across geographically dispersed data centers.
  • Ensure failover systems are in place and ready for immediate activation.

 

  1. High Availability Systems
  • Design IT infrastructure for high availability (HA) using load balancers, redundant servers, and cloud-native solutions.
  • Use clustered environments or container orchestration platforms (like Kubernetes) for uninterrupted service.

 

  1. Incident Response Protocol
  • Maintain a formal Incident Response Plan (IRP) with predefined steps for:
    • Identifying the breach
    • Containing the incident
    • Notifying stakeholders
    • Remediating the issue
  • Assign roles and responsibilities to an incident response team (IRT).

 

  1. Data Encryption in Transit and at Rest
  • Protect backups and replicated data using AES-256 or equivalent encryption.
  • Use TLS/SSL protocols for data in transit between primary and backup systems.

 

  1. Access to Alternative Processing Channels
  • Ensure temporary manual or semi-automated fallback systems (e.g., spreadsheets, secure offline methods) to continue essential operations if digital systems fail.
  • Ensure such alternatives comply with basic security hygiene.

 

  1. Audit Trail and Monitoring
  • Maintain logs of backup activity, DR test results, and data access to ensure traceability.
  • Implement real-time monitoring of data availability and integrity.

 

  1. Legal and Regulatory Compliance
  • Align BC/DR practices with applicable sectoral laws, guidelines (e.g., RBI, SEBI, HIPAA), and data protection mandates.
  • Ensure retention, notification, and recovery protocols meet compliance timelines and formats.

 

  1. Awareness and Training
  • Regularly train staff involved in data handling and IT operations on:
    • Backup procedures
    • Recovery drills
    • Response protocols during system failure or data compromise.

 

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Post Views: 48

Schedule A Demo