Trucking companies face more cyberthreats than ever before. Technology is essential for planning routes, maintaining vehicles, and communication, but it also makes carriers vulnerable to cyberattacks—a risk that cybersecurity for trucking fleets helps to manage.

For example, in 2020, a ransomware attack targeted Forward Air, a large trucking and logistics company, disrupting its operations and causing significant financial losses. Similarly, in 2021, trucking giant J.B. Hunt was targeted by a cyberattack that compromised employee information.

The average cost of a data breach in 2023 was 4.45 million US dollars, highlighting the financial risk involved. Moreover, 75% of cybersecurity professionals view the current threat landscape as the most challenging in the past five years.

Protecting your fleet from these threats with cybersecurity solutions for trucking is crucial to keep your operations running smoothly and safely.

Conduct regular risk assessments

Regular risk assessments help you find weaknesses and prevent threats. Think of it as checking your trucks regularly to prevent breakdowns. Do security checks often and work with experts to find and fix problems.

At ISAAC, we perform thorough ISO 27001:2013 certification testing to identify and eliminate any weak spots within the ISAAC Platform. Our experts handle the hard work for you, ensuring your fleet’s security and minimizing risks according to fleet security best practices, just like regular truck inspections prevent on-road failures.

Implement strong authentication measures

Strong authentication protects your systems from unauthorized access and keeps sensitive data safe. It’s like having multiple locks on your warehouse doors. Use multi-factor authentication (MFA) for all system access points in your fleet, which requires more than one way to verify identity, like a password and a fingerprint. For example, you could set up MFA on your email accounts and company portals to add an extra layer of protection.

Keep all software updated

Keeping your software updated defends you against new threats and vulnerabilities. Just like trucks need regular oil changes, your software needs regular updates to guarantee secure trucking operations. Set up automatic software updates to ensure your systems are optimized for truck fleet data protection. For instance, enable automatic updates on your operating systems and key applications to ensure they are always at the latest available version.

ISAAC ensures all software stays up-to-date, as required by ISO 27001:2013 standards. This includes automatic updates and patch management, keeping your systems safe from new threats without you having to take action.

Train your staff on cybersecurity best practices

Training your staff on cybersecurity for trucking fleets is crucial. Think of it like teaching your drivers the best practices for road safety. Create ongoing training programs and hold regular security awareness sessions to ensure that your team is aware of trucking cybersecurity threats. You could start with simple online courses on cybersecurity basics and hold regular meetings to discuss new threats and safe practices.

At ISAAC, we provide our team with comprehensive cybersecurity training programs focused on spotting threats and practicing safe behaviors. Well-trained staff is the first line of defense, as we strive to reduce the risk of human error and avoid security breaches on our clients’ ISAAC Platforms.

Use encryption in fleet communications

Encryption keeps data safe during transmission. Picture it as sending a locked package that only the recipient can open. Make sure all data sent between devices and your offices is encrypted using industry-standard protocols. For example, use encrypted messaging apps like Signal or secure email services to protect your communications.

At ISAAC, we use strong encryption methods such as WPA2 and WPA3 to secure all communications. This protects sensitive information from being intercepted in the same way a locked package keeps its contents safe from prying eyes. We handle the encryption for you, ensuring all your data is secure.

Secure mobile devices and endpoints

Mobile devices and endpoints are common targets for attacks and must be securely managed. Think of them as entry points to your fleet yard. Use mobile device management (MDM) solutions to enforce security policies and manage updates. For instance, you can use MDM solutions like Microsoft Intune or AirWatch to control and secure mobile devices used by your staff.

ISAAC’s MDM practices enforce strict security rules, perform regular checks, and manage updates. This is like installing strong gates and surveillance systems at all entry points to prevent unauthorized access. We take care of everything, so your mobile devices stay secure without effort  on your part.

Monitor and control network access

Monitoring and controlling network access helps prevent unauthorized entry and breaches. Imagine having security cameras and guards monitoring your fleet yard. Use advanced tools to oversee access and detect any suspicious activity. For example, use network monitoring tools like SolarWinds or PRTG Network Monitor to keep an eye on your network traffic.

Our sophisticated tools analyze network traffic and detect anomalies, keeping your network safe and optimizing cybersecurity for trucking fleets. to any suspicious activity, much like security cameras alert guards to potential intruders. With ISAAC, we monitor your network 24/7, so you don’t have to worry.

Develop a comprehensive incident response plan

Having a clear incident response plan is critical for minimizing the impact of cybersecurity incidents. Think of it as having an emergency response plan for accidents. Develop and regularly update a plan with steps for isolation, communication, and recovery. For example, create a checklist of steps to take if a cyberattack occurs, and make sure everyone knows their role.

ISAAC’s incident response for trucking companies includes immediate system isolation and strong recovery plans, aligned with ISO 27001:2013 standards. A good response plan helps manage and reduce the damage of a breach, just like a well-prepared emergency response team handles accidents efficiently. We create and manage this plan for advanced threat detection in fleets, so you’re always prepared.

Invest in advanced threat detection systems

Advanced threat detection systems find and stop threats before they cause harm. Think of them as having advanced radar systems to detect incoming storms. Use AI-based security systems for real-time threat analysis and proactive security measures. For instance, tools like Darktrace or CrowdStrike use AI to detect and respond to threats automatically.

For predictive security, we use AI-based systems to detect threats early and prevent breaches. These advanced systems act like a radar, and time to take action. ISAAC’s AI systems do the heavy lifting, keeping our clients’ ISAAC platform protected from evolving threats.

Regularly review and update security policies

Regularly reviewing and updating security policies ensures they remain effective against new threats. It’s like updating your fleet’s safety protocols to comply with new regulations. Review security policies with experts to stay compliant with the latest standards. For example, schedule annual reviews of your security policies and make necessary updates.

To stay ahead of new trucking industry cybersecurity trends, we regularly consult with experts to review and update our security policies. Keeping policies up to date is key for strong security, much like keeping safety protocols current ensures compliance and safety. With ISAAC, you get continuous policy updates and expert guidance, keeping your fleet safe and compliant, effortlessly.

Going forward: cybersecurity for trucking fleets

Cybersecurity threats in the trucking industry are always changing. Fleet managers need to be proactive and vigilant to protect their operations. By following these ten must-dos and partnering with a trusted telematics provider like ISAAC, trucking companies can improve their cybersecurity, keep operations running smoothly, and protect their most valuable assets. Just as you maintain your trucks and train your drivers, maintaining your cybersecurity and staying updated on trucking industry cybersecurity trends ensures your fleet’s safety and success.

Adopt a Zero Trust security model

What is Zero Trust?

• Zero Trust is a security model aimed at improving security across an organization’s technology landscape. It relies on a continuous verification process to ensure that only authorized users can access sensitive information or resources.
• Zero Trust works to reduce the risk of data breaches by limiting information access to only those who need it.

Why is Zero Trust important?

Zero Trust is important because it helps protect an organization’s networks, applications, and data from potential intrusions. It helps reduce the attack surface and protect your systems from compromise.

Zero trust security frameworks are becoming increasingly necessary for organizations for several reasons. With the pandemic resulting in remote work, perimeter-based approaches to security were weakened by the increased network footprint and the need to authenticate external users. Additionally, supply-chain security has become a significant concern following numerous attacks that had devastating effects on thousands of companies.

It’s important to know that there is now regulatory pressure to implement Zero Trust following President Joe Biden’s 2021 Executive Order on Improving the Nation’s Cybersecurity which requires federal agencies to adhere to this framework. This will likely create a domino effect on other government agencies in the future and put pressure on organizations wanting to provide services to the US government.

Considerations for Zero Trust

To accommodate Zero Trust, organizations need to create a culture where cybersecurity is treated as an essential part of the enterprise. Additionally, decision-makers should be briefed on the latest security threats and best practices to ensure they can make informed decisions. This means that security should be discussed at the board level, that a CISO role should be established and given the authority to drive cybersecurity initiatives from the top. The implications of implementing Zero Trust and its impact on your users must be carefully considered to address their concerns about their own privacy being invaded.

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Assess the impact of regulatory changes

Changes in regulatory requirements, such as government policies or changes imposed by industry authorities, can be viewed either as a compliance burden or as help in preventing future security incidents.

With ever-increasing government-enacted regulatory changes, organizations should be leveraging them as opportunities to improve their security practices rather than simply treating them as a compliance burden. Whether for an industry-specific regulation such as PCI DSS v4.0 for the payment sector and ELDs in transportation, or for privacy compliance obligations like the Quebec Personal Information Protection Act (Law 25), the Personal Information Protection & Electronic Documents Act (PIPEDA – Canada ), and the California Consumer Privacy Act (CCPA), organizations should take advantage of these regulations to ensure their security practices remain up to date and are tailored to their specific needs.

Start by:

1. Identifying your compliance obligations
2. Aligning your compliance strategy to the organization’s overall business strategy
3. Ensuring that you track and communicate progress

Address the talent shortage

Organizations must also look for creative solutions and alternatives to fill talent gaps. Consider scholarships, apprenticeships, and training programs to develop cybersecurity talent in-house. Additionally, organizations should look for ways to leverage existing talent. For example, consider cross-training existing IT personnel on cybersecurity to help them understand its importance within the organization. Finally, look to your technology partners for help.

The cybersecurity workforce has reached an all-time high, with an estimated 4.7 million professionals, but there’s still a global shortage of 3.4 million workers in this field, according to the 2022 (ISC)2 Cybersecurity Workforce Study.

Engage the entire organization with cybersecurity awareness

At ISAAC, we take cybersecurity very seriously and extend it across the organization.

People are often the weakest link when it comes to security, so at ISAAC, our entire team is kept informed and educated. We also use the Terranova platform to simulate phishing attacks to train everyone in security awareness.

The human factor

39% of Canadian respondents consider careless or unaware employees as their top vulnerability to a cyber attack.

Our IT Security and Marketing teams collaborate on a yearly cybersecurity campaign during Cybersecurity month in October. At ISAAC, we are determined to keep all of our team members informed and educated to ensure our security posture is as strong as possible.

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Lessons from past cyberattacks can help companies prepare and respond more successfully to future threats. According to research published by the Cyentia Institute, a business that responds poorly to a cyberattack experiences 2.8 times more losses than companies that respond well to an attack.

Responding correctly to cyberattacks is the responsibility of everyone in an organization, not just the IT security team. Preparedness begins at the top, with leadership that deploys strong security and business continuity processes while avoiding common mistakes that make things worse.

Watch Webinar – Ramping Up Cybersecurity

3 Common Mistakes that Prevent a Successful Recovery

Nobody goes to work expecting a cyberattack, so it catches companies by surprise. People can be caught off guard and quickly overwhelmed when confronted with situations that they haven’t trained for or experienced. As emotions and stress rise, people will be more likely to make mistakes that impact business continuity and damage control.

Unrealistic recovery deadlines and expectations

Senior leaders should be aware that the worst day of a cyberattack isn’t necessarily on day one or two. There could be significant uncertainty for weeks before gaining a full understanding of the scope and damage of the attack.

Recovery will depend on multiple factors, including the systems and software impacted, the type of attack deployed, and overall preparedness. Companies that enlist support from third-party security firms and law enforcement can help to accelerate recovery and minimize damage.

Waiting too long to get help

Many cyberattacks deploy sophisticated tactics and advanced digital tools. Organized crime groups responsible for most attacks have sharpened their tactics and tools to become experts at cybercrime. Few businesses have the resources and expertise needed to defend against experienced cybercriminals alone.

If an attack happens, fleets should not hesitate to get help as soon as possible from organizations such as:

• Police departments
• Security specialists and consultants
• Legal firms
• Vendors and suppliers
• Government agencies

In fact, companies should already know who to contact before experiencing a cyberattack. Not all incidents require a coordinated effort involving several organizations. However, working with these groups can significantly accelerate a response to an attack to limit the damage.

Blaming IT and employees in anger

Cyberattacks create a shocking business disruption that feels like it happens instantaneously. Emotions can quickly become heated, resulting in anger and blame towards IT departments and employees. In the wake of an attack, energy should be focused on resolving issues instead of adding pressure that can increase organizational paralysis.

Company leaders must understand that criminals are responsible for an attack—not a hacked IT department or an individual. Business leaders should always focus on solving problems, even if mistakes or oversights occurred.

How Fleets Can Respond Well to Cyberattacks

Data breaches, ransomware, online fraud, and cryptocurrency theft will continue to be a persistent business threat, including trucking fleets of all types. Companies need to ready themselves to respond correctly to an attack, even if they deploy excellent preventative security measures.

Plan and prepare

Companies that prepare for a potential attack can deploy a plan that reduces damage and supports business continuity. Three main aspects of a strong plan include:

Accurate threat detection—Companies should have systems in place to detect incoming attacks and reveal intrusions. IT security systems should provide a transparent view that prevents blind spots in security and ensures an awareness of threats.

Timely incidence response—Incident response capabilities, including digital tools and external support, help to effectively investigate threats and remediate problems before they grow into an attack that disrupts the entire fleet.

Prompt disaster recovery—Disaster recovery plans cover common types of threats to business continuity, including natural disasters, physical threats, and digital attacks. Companies implement disaster recovery capabilities to become more resilient and reduce damage, especially for key business functions and departments. This includes backups for data and core operating processes.

Active leadership instead of delegating

Don’t consider your leadership work complete when you create an incident response procedure. Actively review and test procedures, including them as part of your regular tabletop security exercises. Leaders need to recognize that their active investment in security will greatly improve a company’s response to cyberattacks. A workplace climate of collective responsibility, guided by active leadership, helps to keep organizations running and lessen the impact of cyberattacks.

Open, consistent communication

Companies should maintain open discussions about cybersecurity, before, during, and after threats occur. Leaders with coherent, consistent communication will improve the entire organization’s response to security incidents. When everyone is on the same page, people will understand their roles and responsibilities in the event of a cyberattack, avoiding organizational paralysis.

Secure Solutions for Trucking Companies

Success or failure in the event of a cyberattack depends on an organization’s preparedness, including the in-cab technology that fleets provide for their drivers. ISAAC prepared our in-cab solution and organization to meet strict security standards, including a recent ISO 27001 certification.

Find out how companies can mitigate risk using fleet management technology:

Watch Webinar – Risk Mitigation Using Fleet Solutions

Cybersecurity Priorities in the Pandemic Age

Ransomware and other cybersecurity threats show no sign of slowing down. In 2021, there was an 82% rise in ransomware-related data leaks, according to a CrowdStrike intelligence report.

Trucking companies already face plenty of challenges, such as driver retention and fuel costs. A ransomware attack that locks crucial systems behind encryption is a challenge that’s best avoided. Prevention is always the best cure for cyberattacks.

Part of the rise in ransomware can be attributed to disruptions created by the pandemic. Working from home and hybrid work models have become the de facto approach. IT teams quickly rose to the challenge of enabling remote work, and they must continue to adapt to secure systems.

The FBI reported a total of $6.9 billion in losses due to cybercrime in 2021—a 7% rise year-over-year. Fleets must understand the growing threat of cyberattacks and act now to prevent ransomware and other types of intrusions.

Webinar: Ramping up Your Cybersecurity Efforts

Ransomware declared a national security issue

In 2021, ransomware attacks that exploited flaws in widely used software from vendors such as Kaseya, SolarWinds, and Microsoft affected many companies and saw record-breaking ransomware payments made to state-sponsored cybercriminal groups. This includes a $70 million ransom demand from the “REvil” gang that created a Ransomware-as-a-Service (RaaS) ring.

Attacks on U.S. infrastructure and government agencies prompted the White House to treat ransomware as a matter of national security. The U.S. government decided to establish new mechanisms to address the threat. Plans include new funding to support ransomware response, a mandate for organizations to report incidents, and to consider the alternatives before paying a ransom.

A recent survey by UpCity revealed that 50% of small and midsize businesses have a cybersecurity plan. Fleets without an updated plan must act now to improve short-term and long-term cybersecurity.

How can trucking companies protect against ransomware?

A strong defense against cyberattacks requires a fleet-wide commitment to digital security. Some measures can be adopted quickly, while others require long-term planning and a greater investment in cybersecurity resources.

Deploy quick stopgap measures right now

Start with stopgap measures and quick wins that can be implemented immediately to improve security. Examples of easy-to-deploy security measures include:

• Revise existing cyber risk guidelines and requirements.
• Set up two-factor authentication and strong password policies.
• Establish a security culture with regular training.
• Control how employees access data and use the company network.
• Govern how employees communicate over the company network.

Develop a comprehensive long-term cyber strategy

Start to review your current technology stack and security infrastructure as soon as possible. Some changes may take years to implement, while other improvements will be accomplished in a shorter timeframe.

Common improvements include investments in automation, advanced analytics, and other systems that improve the effectiveness of security processes. There should also be mechanisms developed that help measure how changes in your security program reduce risks after each initiative is rolled out.

These are some key questions that your long-term cybersecurity strategy should answer:

• Does the security team have the expertise needed to tackle all technical challenges?
• Is there a full understanding of vulnerabilities within core, critical business functions?
• Have we invested enough to ensure that our cybersecurity provides sufficient protection?

Create an in-depth ransomware incident response plan

A ransomware incident response plan provides clear guidance on how to proceed if an attack occurs. This plan should begin by quantifying your ransomware risk, including potential attack vectors and key systems that should be prioritized. Many organizations already run tabletop exercises for business continuity planning (BCP). Adding ransomware plans to your BCP framework is a natural extension of preparing for all potential business disruptions.

Reduce your exposure to ransomware

People are the last line of defense against ransomware. Improve awareness of phishing by training people to recognize attacks and how to avoid them. Strengthen front-line defenses by deploying AI tools that help to flag attacks automatically. Evaluate a zero-trust approach for your security framework and review your use of remote desktop protocol (RDP), secure shell protocol (SSH), and virtual private networks (VPN). Don’t forget to implement multi-factor authentication.

Reduce work-from-home risks

If your remote workforce uses their own personal computers and devices to access your company’s applications and data, securing those endpoints must be a top priority. Devices that haven’t been fully secured provide a location that’s easier to attack. Embrace technologies that help reduce the attack surface of unmanaged devices, such as:

• Mobile Device Management (MDM)
• Mobile application management (MAM)
• Network access control (NAC)
• Browser isolation solutions

Step up cyber training and exercises

Regularly review, recalibrate, and readjust cyber awareness programs to measure, track, and improve the cyber risk culture of your organisation. This includes timely communication and briefings about new threats, security policies, and systems implemented to reduce risk.

Include security in vendor contracts

Security must be built into vendor contracts to reduce the risks of partnerships that involve shared data and systems. Fleets should be specific about expected security obligations, procedures, and how security regulations will be enforced. Contracts can also extend to any third parties that your vendor works with, even if you don’t have direct interactions with the third party.

Cybersecurity must be a business-wide concern

ISAAC recently completed an 18-month process to become fully certified for ISO 27001 standards—one of the most stringent security standards available for organizations. This shows our commitment to cybersecurity for our clients, partners, and ourselves. We know that keeping ourselves safe improves security for everyone we collaborate with, including fleets.

Learn how the ISAAC solution helps to simplify trucking while maintaining a secure digital ecosystem.

ISAAC’s IT Director Shares Tips on How Fleets Can Protect Themselves

COVID-19 has altered nearly every aspect of our professional and personal lives over the past two years. The pandemic has also provided hackers and cybercriminals new ways to exploit unprepared companies, many of whom are still scrambling to update their security plans.

“It’s a matter of when—not if—you have a security incident,” says Joe Russo, head of IT and security for ISAAC. Russo was featured in a recent cybersecurity article published by Transport Topics

Not only are the number of data breaches increasing, according to IBM Security, but the average cost reached $4.2 million in 2021, with $1.07 million attributed to COVID-related remote work. “Over the last year, technology sophistication, the proliferation of hacking techniques, and heightened hacking motivation due in part to COVID-19 and the enablement of the remote workforce have resulted in organizations having to review their security posture,” says Russo.

What all fleets should know 

For many companies, security plans that were developed before the pandemic plans are too generic for the evolving nature of today’s cyberthreats. It’s important those companies understand what assets are at risk, and the amount of data flowing between trucks and the back office. Hackers are looking for information such as credit card information and credentials to access internal systems—anything that could get a foot in the door.

The increased use of personal laptops for remote work during the pandemic has left many companies vulnerable to hacking attempts. The proliferation of IoT devices in trucks and the rollout of 5G technology are additional factors making the transportation sector particularly enticing to cybercriminals. In fact, an estimated 70% of online fraud is attempted through mobile platforms.

However, hackers are still finding success utilizing old-school methods such as phishing emails and social engineering, such as impersonating someone who needs access to critical information over the telephone.

“The reality is that the odds always favor a determined hacker, who only has to be successful one time, as opposed to companies that need to be successful in defending against threats all of the time,” says Russo.

How fleets can protect themselves 

Following industry best practices and seeking out service providers that can help develop partnerships are two of the most straightforward methods even the smallest fleets can use to ramp up their security efforts. 

Here are some questions fleets should ask themselves:

Are we scanning our systems on a regular basis?

Are we installing security patches as soon as they become available?

Do we have a complete inventory of assets?

Do we know where data is stored?

Cybersecurity at ISAAC 

Russo stresses technology alone will not increase a company’s security posture; users need to be part of the comprehensive solution.

Those words are put into practice at ISAAC, where there is mandatory, interactive cybersecurity training for every ISAAC team member on an annual basis. There is also targeted training, based on their role with the organization.

ISAAC takes great care in protecting fleet clients’ data, which Russo considers every company’s “most prized asset.”

By manufacturing the hardware device and the software that runs on it, ISAAC provides a higher level of protection than that of other devices on the market. Encryption and other security measures are also in place to mitigate the possibility of a driver falling victim to ransomware or a phishing attempt.

ISAAC has partnered with key vendors to further enhance security through automation, and is working toward complete ISO 27001 compliance, which is an international standard on how to manage information security. ISO 27001 details requirements for establishing, implementing and continually improving an information security management system.

 At ISAAC, we always know where the data is and how much value it has for your organization.

How to value a trucking company

First of all, what exactly is the value of a business? Because to protect something, you have to know what it is that you are protecting! The value of a business is the price a competitor or investor is willing to pay for a portion or all of the shares.

Everyone benefits from a high business value, as it speaks to the company’s employment sustainability, and its borrowing capacity or ability to find investors.

In practical terms, a transport company’s value is based on two main components:

Assets are often financed and generally have a low net worth. Competitors can easily procure similar assets. So these create no barrier to entry.

Activities are what creates a barrier to entry for competitors. They make it difficult for a transport company to be replaced. You must protect these activities’ data to protect your business value.

What kind of data does a transport company have?

Your transport company’s data is generated and shared by various objects and systems:

• Dispatch systems (TMS)
• Telematics and telemetry
• Service software
• Load board
• Navigation system
• Imaging, 3PL

Do you own your own data?

Do you own the data generated by your activities, such as the kilometers travelled, your fuel consumption or your telemetry data? The owner of the data may be the company that produces it or an outside organization that collected this data because it was authorized to do so. The bottom line is that this owner can sell the data.

If a third party is given the right to resell the data from your trucking activities – the barrier to entry for your competitors – your company will lose some value.

In some cases, however, sharing some data can be a good strategy if you receive something worth trading it for. A good example of this would be trading your safety and activity data for lower insurance premiums.

The important thing is to be aware of how your data is being used and to understand the business model of the organizations with whom you share your data.

What are the risks of sharing your data?

Without a barrier to entry, without the activities that set you apart, your business is merely an inventory of trucks and other assets. If a competitor gets its hands on your data, instead of acquiring your business it could just buy trucks and become fiercer competition.

For example, an industry giant that has your data could push you to your limit and then buy you out at a low price.

Here are 10 expert tips to protect the value of your business

Thank you to Stéphane Lamarre of Cain Lamarre, Vanessa Henri of Fasken, Pierre-Olivier Ménard Dumas of Stein Monast, France de Gaspé Beaubien of FUSACQ and Nicholas Somos of Left Lane Associates for their collaboration on this article.

1. Secure your information and data

Would you share your data with your biggest competitor? If the answer is no, you then consider your vehicle telemetry information and data to be confidential. You should therefore keep it safe.

2. Watch out for possible breaches

Ask yourself, where does my data go? We use computer tools without actually knowing who has access to the data and where it ends up. Think about how we provide our data to payroll systems, without really knowing what they do with it. Or how we use systems that let drivers use their cell phone or tablet as an electronic logbook, without providing adequate data protection.

3. Actively protect your data for a better valuation

Companies that actively protect their company’s data and use it to make management decisions tend to get higher valuations in transactions. One way to protect your data, and the value it brings to your company, is to ensure that your technology partners never share your data.

4. Read agreements carefully

An agreement sets out the parties’ obligations and rights. Most of us have been guilty of skipping past the terms and conditions when we download a mobile app or fill out an online form. It is of utmost importance, however, to read commercial agreements carefully and understand what you’re agreeing to.

5. Have an agreement translated if you don’t understand the language

The Civil Code has established that your consent must be informed and given freely. Not taking the time to read the contract, or not having it translated if it is in a language you do not understand, is an inexcusable mistake.

6. Make sure you know what you are agreeing to

If your provider does not own the data, does it have the right to use it? In a non-competition, non-solicitation or non-disclosure clause, we usually request the data or its backup, and we ensure that the other party will not use what they have learned from the data.

7. Be prepared in case of a dispute!

When signing an agreement, check where it applies. Will it be enforceable under U.S. law or Canadian law? The agreement also sets out where disputes are to be heard. Find out whether you will be bringing your case to the Quebec courts or the Arizona courts, for example.

8. Develop a data strategy

You business has different types of data. Each type has its own related rights and contractual structure. Your business plan should include a strategy for your data. A company that has a large amount of data but does not have the word “data” anywhere in its business plan is like a property management company that does not have the word “property” in its business plan.

9. Organize, structure and manage your data

Virtually every company will go through some kind of transaction at some point. That’s why it’s important to continually organize and structure your data. Here’s an example of the importance of managing your data and its properties. A company with 150 trucks wanted to buy another that had 10 trucks. Everything was going very well, until the acquiring company found out about the system used by the small business. It was an in-house, less sophisticated system. Since the data was not well organized or structured, the buyer decided not to go ahead with the acquisition.

10. Use non-disclosure agreements

Non-disclosure agreements ensure that your data is not shared without your knowledge and that it remains under your control. Make sure these agreements are drafted based on your needs. To avoid voiding the benefits of your non-disclosure agreements, if you share your data with your providers, make sure you know exactly who owns it and how it is used.

Managing your data adds value to your business. Make sure you are familiar with each of your technology providers’ policies on ownership, confidentiality and monetization of your data and any copies made.