Dear Gentle Reader. Today, we’re talking about the legal considerations that come with implementing SOC 2.

Now, I know what you’re thinking: “Legal considerations? Yawn.” But trust me, folks, this is an important topic that deserves your attention. So please grab a cup of coffee and settle in because we’re about to dive into the legal side of SOC 2 implementation.

What is SOC 2?

First things first, let’s define what we’re talking about here.

SOC 2 (Service Organization Control 2) is a standard that measures an organisation’s ability to securely manage data. It covers a wide range of areas, including data protection, privacy, and security controls. In short, it’s all about ensuring that organisations do everything they can to keep their data safe and secure.

But implementing SOC 2 isn’t just about following a set of guidelines. It also involves several legal considerations that organisations must keep in mind. Let’s take a closer look at some of these considerations.

Compliance with applicable law

Applicable law includes data protection laws, privacy laws, and any other regulations that may apply to the organisation’s operations.

Now, I know what you’re thinking: “Ugh, more regulations? Can’t we just ignore them?” Well, no, actually. Ignoring regulations can land you in hot water, legally speaking. So ensuring that your SOC 2 implementation aligns with all relevant laws and regulations is essential.

Contractual obligations

Many organisations have contracts with customers and vendors that include specific data-handling requirements.

You must ensure you’re not breaching any of these contractual obligations.

After all, you don’t want to end up in a legal battle over data handling issues with a customer or vendor.

Liability

Implementing SOC 2 involves adhering to specific standards and controls. If you fail to comply with these standards, you could end up facing legal liability. And let’s be real; nobody wants that. So make sure that your SOC 2 implementation is up to snuff to avoid any potential legal headaches down the road.

Data ownership and access

When implementing SOC 2, you’ll be handling sensitive data. Therefore, it’s vital to ensure that you have the right to access and use this data and that it’s properly secured.

Third-party risk assessments

SOC 2 implementation may require third-party risk assessments to verify compliance with the standard.

So, it’s essential to ensure that you have appropriate contracts with any third parties to protect your interests.

Ultimately, you don’t want to end up in a legal battle with a third party over compliance issues.

Record-keeping

SOC 2 implementation involves the maintenance of detailed records of compliance. So, ensuring that you have appropriate record-keeping policies and procedures to support your SOC 2 implementation is crucial. In the end, you want to have proper records when it’s time for an audit.

Data breaches

In the unfortunate event of a data breach, it’s crucial to comply with applicable laws and regulations and to meet the reporting requirements outlined in your SOC 2 implementation. After all, you don’t want to be caught with your pants down regarding data breaches.

Actions you can take next

  • Prepare your organisation for the legal implications of SOC 2 by asking us to host a workshop on the topic.
  • Manage the data protection risks of SOC 2 implementation by joining our data protection programme.
  • Navigate the contractual risks of SOC 2-related contracts by asking us to review your contracts.
  • Prepare for any data breach by asking us for coaching on responding to incidents.