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R&M Data Center Handbook

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www.datacenter.rdm.com<br />

2.3.6. Potential Risks<br />

According to a report by the IT Policy Compliance Group of 2010, 80 percent of companies have poor visibility into<br />

their IT risks, taking three to nine months or longer to classify their IT risk levels. Inability to prioritize risks, lack of<br />

a comprehensive risk view and inadequate control assessments all contribute to this problem.<br />

Liability Risks<br />

Need for<br />

regulation, need<br />

for action<br />

Strategic<br />

tasks<br />

Conceptual<br />

tasks<br />

Operative<br />

tasks<br />

Responsibilities Legislation Potential damage and losses<br />

Management /<br />

CEO<br />

Supervisory Board<br />

Management /<br />

CEO<br />

<strong>Data</strong> Protection<br />

Officer<br />

Head of IT<br />

Management / CEO<br />

<strong>Data</strong> Protection<br />

Officer<br />

Head of IT<br />

Staff<br />

See<br />

regulations<br />

See<br />

regulations<br />

Employment contract<br />

See<br />

regulations<br />

Employment contract<br />

Commercial Code (HGB)<br />

Copyright Act (UrhG)<br />

Penal Code (StGB)<br />

Excerpt: Liability Risk Matrix (Matrix der Haftungsrisiken), Bitkom, as of March 2005<br />

- Losses due to system failure<br />

- Insolvency<br />

- Increased costs of corporate loans<br />

- Loss of insurance coverage<br />

- Image loss<br />

- Monetary fines<br />

- See strategic tasks<br />

- <strong>Data</strong> loss<br />

- Unauthorized access<br />

- Virus infection<br />

- Loss due to failed projects<br />

- Loss of claims against suppliers<br />

- Loss of development know-how<br />

- No annual audit confirmation<br />

- Taxation assessment<br />

- Imprisonment<br />

- Corporate shutdown/loss of production<br />

- Capital losses<br />

- Image loss<br />

- Loss of business partners or data<br />

Companies have taken to including limited liability for negligent behavior in agreements between managing<br />

directors and the company. In the case of limited-liability companies, members have the option of declaring<br />

acceptance of the managing director, rendering any claims for damages against the company null and void. This<br />

is not true in the case of stock corporations, where acceptance of management does not result in the waiver of<br />

damage claims.<br />

Good insurance is a valuable asset because...<br />

… Managers fail to see their liability risks<br />

… Managers are usually not clear about the scope of their liability risk<br />

… There is a growing risk of being held liable for mistakes at work and losing everything in the process<br />

… Managing directors and management can be held liable if they fail to provide sufficient IT security for their<br />

companies<br />

… The boss is not the only one held liable!<br />

Operational Risks<br />

Operational risks – as defined in Basel II – are "the risks of loss resulting from inadequate or failed internal<br />

procedures, people and systems or from external events".<br />

The primary focus, in terms of operational risks, is on:<br />

• Information system failures<br />

• Security policy<br />

• Human resource security<br />

• Physical and environment security<br />

• IT system productivity<br />

• Keeping systems, procedures and documentation up-to-date<br />

• Information and data of all business operations<br />

• Evaluation and identification of key figures<br />

• Clear, previously drawn-up emergency plan<br />

• Backups of the entire data base<br />

Page 34 of 156 © 08/2011 Reichle & De-Massari AG R&M <strong>Data</strong> <strong>Center</strong> <strong>Handbook</strong> V2.0

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