Consider the immediate post-incident issues
Assess the legal implications of the incident as soon as possible, in particular the issues necessary to defend any claim against your business.
Consider whether you are able to seek recovery from third parties, such as the outsource provider or any contractors.
Make sure you understand the steps you need to take to preserve and collect any evidence that may be required for an investigation or litigation.
Consider using external counsel to instruct any experts you may wish to use. Any reports experts produce could be disclosable in subsequent criminal prosecutions or in civil litigation, but may be protected by legal privilege where they are produced by or for external counsel. For more information see Controlling document creation and securing privilege.
