Fines coming for retailers with lax cyber security?
December 15, 2011 | 1 Comments | Encryption
The cost of a data breach for retailers and merchants is rising every day, both in terms of dollars and brand reputation, taking into account costs for internal investigation, notification/crisis management and response. And soon, there may be another cost being levied on merchants from a different source: the government.
According to a recent article in the Financial Times, the European Union is considering a stiff fine for retailers if they fail to secure sensitive customer data. The size of the fine amounts to more than just a simple slap on the wrist. In fact, retailers breaching European Union privacy rules could be on the hook to pay a fine up to 5 percent of their annual revenue.
Although these rules are still in their infancy and, if passed, wouldn’t go into effect for as long as two years, they should still be a frightening proposition for all retailers. And it’s not just European retailers that should be concerned since the rules are expected to also apply to European subsidiaries of foreign companies. It could also be an indicator of what may happen in the U.S.
If you think the rules may go without being enforced, you should think again. StorefrontBacktalk’s Evan Schuman wrote about this issue in a recent column, and speculated that the EU is likely to strictly enforce this legislation since they’re starved for cash and these fines could be a good way to raise money. Also, unlike credit card companies and other stakeholders that threaten to punish retailers, the government doesn’t necessarily have anything to lose from fining a retailer.
For example, Visa would probably think twice about punishing or terminating its relationship with Wal-Mart simply because the retail giant wasn’t on the cutting edge of data security. The loss of revenue from credit card transaction fees would simply be too great.
Although these rules could be years in the making, or never even see the light of day, they’re evidence that governments are starting to crack down on companies that aren’t making data security a priority. With 2011 being a banner year for cyber attacks and data theft, and the potential for the cost of a breach to continue to increase, the time is now for retailers to take a more serious look at their security posture.
With tokenization and encryption solutions available to retailers via the cloud, there is no reason why any company should not be PCI compliant and protected from data breaches. The costs are too high, both to the company’s coffers and its reputation.
Don’t let your company wait until it has to part with 5 percent of its annual revenue before you start to reevaluate how you store and protect payment card data.
We have always highlighted how damage experienced after a data breach can have lasting negative effects on brand equity and reputation. A recent survey of nearly 850 executives, conducted by the Ponemon Institute, reinforced this by reporting that the average time it takes to restore an organization’s reputation after a breach is one year.




