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Incident Response Plan

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An incident response plan is the written playbook for what your organization does when something goes wrong with its systems or data: who is in charge, how a problem is confirmed and contained, who gets told and by when, how systems come back, and what is written down afterwards. Several US rules require one in writing.

The FTC Safeguards Rule lists seven areas the plan must cover, New York DFS lists nine, PCI DSS lists its own set, HIPAA requires security incident procedures, and the SEC's amended Regulation S-P requires a written incident response program for brokers, advisers, funds and transfer agents.

An incident and a breach are not the same thing. An incident (HIPAA says "security incident", the FTC says "security event", NY DFS says "cybersecurity event") is any attempted or actual unauthorized access, use or disruption: a phishing email that someone clicked, malware on a laptop, a server outage caused by an attack. Most incidents never become breaches.

A breach is the narrower case where protected information was actually acquired, accessed or disclosed without permission in a way the law defines, and that is what starts most notification clocks. Your plan has to handle every incident and include a step that decides, and records, whether the incident is a reportable breach under each rule that applies to you.

That step is why one plan has to serve several clocks. A single ransomware attack at a mortgage broker with New York customers and a defense contract could require notice to NY DFS within 72 hours of determining a cybersecurity incident occurred, a report to DoD within 72 hours of discovery, notice to the FTC within 30 days if 500 or more consumers' unencrypted information was acquired, and notices to individuals under each state's breach law (30 days in Colorado and Washington, 45 in Arizona, 60 in Texas, "without unreasonable delay" in many others).

A health care company has 60 days under HIPAA. The clocks start at different moments (discovery, determination, awareness), so the plan should name who records each of those moments and keep a table of every deadline that applies.

Also called: Security incident response plan, IRP, Cyber incident response plan, Data breach response plan
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Notification deadlines at a glance.

One incident can start several clocks, each at a different moment. These are the notice deadlines for the rules on this page. The conditions for each are in the ledger below.

RuleWho must notifyDeadlineClock starts
NY DFS Cybersecurity Regulation
23 NYCRR 500.17(a), (c)
Entities licensed by NY DFS72 hours; 24 hours after any extortion paymentAfter determining a cybersecurity incident occurred
DFARS cyber incident reporting
DFARS 252.204-7012(c)
Defense contractors with DFARS 252.204-7012 in the contract72 hoursAfter discovery of the cyber incident
GDPR
GDPR Art. 33
Controllers of personal data covered by GDPR72 hours where feasibleOn becoming aware of the breach
FTC Safeguards Rule
16 CFR 314.4(j)
Financial institutions under FTC jurisdiction30 days, when 500 or more consumers are involvedAfter discovery of unauthorized acquisition of unencrypted customer information
SEC Regulation S-P
17 CFR 248.30(a)(4)
SEC-registered brokers, dealers, funding portals, investment companies, advisers and transfer agents30 days, to affected individualsAfter becoming aware of the unauthorized access or use
State breach notification laws
C.R.S. 6-1-716; RCW 19.255.010; A.R.S. 18-552; Tex. Bus. & Com. Code 521.053
Anyone holding personal information about residents of the state30 days in Colorado and Washington, 45 in Arizona, 60 in Texas; other states differSet by each state
HIPAA Breach Notification Rule
45 CFR 164.404 to 164.410
HIPAA covered entities and business associates60 calendar daysAfter discovery of the breach

Who requires it, and what each one says.

SourceApplies whenWhat it requiresStatus
FTC Safeguards Rule, written incident response plan
16 CFR 314.4(h)
Non-bank financial institutions under FTC jurisdiction that maintain customer information on 5,000 or more consumers (314.6)A written incident response plan designed to promptly respond to, and recover from, any security event materially affecting the confidentiality, integrity or availability of customer information. It must address goals; internal processes; roles, responsibilities and decision-making authority; internal and external communications; remediation of identified weaknesses; documentation and reporting of security events; and evaluation and revision of the plan after an event. Legally required.Mandatory
FTC Safeguards Rule, notice to the FTC
16 CFR 314.4(j); effective May 13, 2024 (314.5)
A notification event (unauthorized acquisition of unencrypted customer information) involving at least 500 consumers. Applies regardless of the 5,000-consumer exceptionNotify the FTC electronically on the form on ftc.gov as soon as possible and no later than 30 days after discovery. The notice states the institution's name and contact, the types of information involved, the date range if known, the number of consumers affected, a general description, and whether law enforcement asked for a delay. Discovery is the first day the event is known to any employee, officer or agent other than the person committing the breach. Legally required.Mandatory
NY DFS Cybersecurity Regulation, incident response and business continuity
23 NYCRR 500.16(a)(1), (b), (c), (d) (Second Amendment, effective November 1, 2023; new 500.16 requirements apply from November 1, 2024 under 500.22(d)(2))
Covered entities licensed by NY DFS, except those exempt under 500.19(a), (c) or (d)Written incident response plans covering, for different types of cybersecurity events including ransomware: goals; internal processes; roles, responsibilities and decision-making authority; internal and external communications; remediation of weaknesses; documentation and reporting; recovery from backups; a root cause analysis describing how and why the event occurred, its business impact and what will prevent recurrence; and updating the plan. Current copies must be accessible during an event to employees who carry out the plan, those employees must be trained, and the plan must be tested at least annually with all staff and management critical to the response. A separate business continuity and disaster recovery plan is required by 500.16(a)(2). Legally required.Mandatory
NY DFS Cybersecurity Regulation, notices to the superintendent
23 NYCRR 500.17(a) and (c); definition of cybersecurity incident at 500.1(g)
A cybersecurity incident at the covered entity, its affiliates or a third-party service provider (one that must be reported to another government body, is reasonably likely to materially harm normal operations, or deploys ransomware in a material part of its systems); or any extortion paymentNotify the superintendent electronically as promptly as possible and no later than 72 hours after determining a cybersecurity incident occurred, then provide requested information and updates. For an extortion payment, notice within 24 hours of payment and, within 30 days, a written explanation of why payment was necessary, alternatives considered and sanctions diligence. The limited exemption in 500.19(a) does not remove 500.17. Legally required.Mandatory
PCI DSS v4.0.1, incident response plan
PCI DSS v4.0.1 Requirement 12.10.1 (contents) and 12.10.2 (review and test at least once every 12 months); 12.10.3 to 12.10.7 (24/7 availability, training, alert response, plan evolution, unexpected stored card numbers)
Merchants and service providers that store, process or transmit cardholder data, through their acquirer or card brand contractsAn incident response plan ready to activate for suspected or confirmed security incidents, covering roles, responsibilities and communication and contact strategies including notification of payment brands and acquirers; containment and mitigation procedures for different incident types; business recovery and continuity; data backup processes; analysis of legal requirements for reporting compromises; coverage of all critical system components; and reference to or inclusion of the payment brands' incident response procedures. Reviewed, updated and tested at least once every 12 months. Required for a passing ROC or SAQ; contractual, not law.Attestation
HIPAA Security Rule, security incident procedures
45 CFR 164.308(a)(6)(i) and (ii); written documentation under 164.316
Covered entities and business associates that create, receive, maintain or transmit electronic protected health informationPolicies and procedures to address security incidents. The required response and reporting specification says to identify and respond to suspected or known security incidents, mitigate harmful effects to the extent practicable, and document security incidents and their outcomes. A security incident is any attempted or successful unauthorized access, use, disclosure, modification or destruction of information, or interference with system operations (164.304). Legally required.Mandatory
HIPAA Breach Notification Rule
45 CFR 164.400 to 164.414 (definition of breach at 164.402; individuals 164.404; media 164.406; HHS 164.408; business associates 164.410)
A breach of unsecured protected health informationAn impermissible use or disclosure is presumed to be a breach unless a documented four-factor risk assessment shows a low probability of compromise. Notify affected individuals without unreasonable delay and no later than 60 calendar days after discovery; notify HHS at the same time for 500 or more individuals, or in an annual log within 60 days after year end for fewer; notify prominent media for more than 500 residents of a state; business associates notify the covered entity within 60 days. Legally required. A related duty the incident plan feeds, not the plan itself.Mandatory
NIST SP 800-171 Rev 2, incident response family (assessed under CMMC Level 2)
NIST SP 800-171 Rev 2, requirements 3.6.1, 3.6.2, 3.6.3
Contractors handling controlled unclassified information under DFARS 252.204-7012, and CMMC Level 2 assessmentsEstablish an operational incident-handling capability that includes preparation, detection, analysis, containment, recovery and user response activities (3.6.1); track, document and report incidents to designated officials and authorities inside and outside the organization (3.6.2); and test the incident response capability (3.6.3). Legally required where the contract clause applies. Rev 2 names a capability rather than a written plan; how it is met is documented in the system security plan (3.12.4).Mandatory
DFARS cyber incident reporting
DFARS 252.204-7012(c) to (g) (MAY 2024)
A cyber incident affecting a covered contractor information system, the covered defense information in it, or operationally critical supportReview for evidence of compromise and report to DoD at dibnet.dod.mil within 72 hours of discovery (the clause's definition of "rapidly report"). Reporting requires a DoD-approved medium assurance certificate. Submit isolated malicious software to the DoD Cyber Crime Center, preserve images of affected systems and relevant monitoring data for at least 90 days after the report, and give DoD access for forensic analysis on request. The Department now styles itself the Department of War; the clause and reporting site still say DoD. The July 2026 suspension of CMMC Phase 2 did not change this clause. Legally required as a contract term.Mandatory
SEC Regulation S-P, incident response program
17 CFR 248.30(a)(3) and (a)(4) (89 FR 47688, June 3, 2024; effective August 2, 2024)
SEC-registered brokers and dealers, funding portals, investment companies, investment advisers and transfer agents. Compliance required since December 3, 2025 for larger entities and June 3, 2026 for smaller entitiesWritten policies and procedures that include a program reasonably designed to detect, respond to and recover from unauthorized access to or use of customer information: assess the nature and scope of an incident, contain and control it, and notify affected individuals whose sensitive customer information was or is reasonably likely to have been accessed or used, as soon as practicable and no later than 30 days after becoming aware, unless a reasonable investigation shows no likely substantial harm. Service providers must be required to notify the institution within 72 hours of a breach affecting a customer information system they maintain. Legally required.Mandatory
SOC 2, system operations criteria
AICPA TSP section 100, 2017 Trust Services Criteria (revised points of focus, 2022), CC7.3, CC7.4, CC7.5
Service organizations undergoing a SOC 2 examination (security is in scope in every SOC 2)Evaluate security events to decide whether they are security incidents (CC7.3); respond to identified security incidents by executing a defined incident response program to understand, contain, remediate and communicate them (CC7.4); and identify, develop and carry out activities to recover from them (CC7.5). The auditor asks for the written program and evidence it was followed or exercised. Audit criteria, not law.Attestation
ISO/IEC 27001:2022 Annex A, incident management controls
ISO/IEC 27001:2022 Annex A controls 5.24, 5.25, 5.26, 5.27, 5.28
Organizations certifying an ISMS to ISO 27001 (controls are applied through the Statement of Applicability under clause 6.1.3; excluding them needs a justification)Plan and prepare for incident management by defining processes, roles and responsibilities (5.24); assess events and decide whether they are incidents (5.25); respond under documented procedures (5.26); learn from incidents (5.27); and collect and preserve evidence (5.28). Certification requirement, not law.Attestation
GDPR personal data breach notification
Regulation (EU) 2016/679, Articles 33 and 34
A personal data breach involving personal data covered by GDPR (EU establishment, or offering goods or services to or monitoring people in the EU)Notify the competent supervisory authority without undue delay and, where feasible, within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to people; processors notify the controller without undue delay; document every breach, its effects and the remedial action (33(5)); tell affected people without undue delay when the risk to them is high (34). Legally required. GDPR does not name a written incident response plan.Mandatory
State breach notification laws
For example C.R.S. 6-1-716 (Colorado, 30 days), RCW 19.255.010 (Washington, 30 days), A.R.S. 18-552 (Arizona, 45 days), Tex. Bus. & Com. Code 521.053 (Texas, 60 days)
A breach of computerized personal information about residents of a state; each state defines personal information and breach differentlyNotice to affected residents, and often to the state attorney general above a resident threshold, within each state's deadline. Most state laws do not require a written plan; the deadlines are why the plan keeps a state-by-state notification table. Legally required where triggered.Mandatory
NIST SP 800-61 Rev 3
NIST SP 800-61 Rev 3, Incident Response Recommendations and Considerations for Cybersecurity Risk Management: A CSF 2.0 Community Profile (April 2025)
Any organization looking for a reference structureRecommendations that tie incident response to the NIST Cybersecurity Framework 2.0 functions (Govern, Identify, Protect, Detect, Respond, Recover). Supersedes Rev 2 (2012) and its four-phase lifecycle. Guidance; not required by any rule on this page.Guidance

Required sections

  • Goals of the plan (16 CFR 314.4(h)(1); 23 NYCRR 500.16(a)(1)(i)), and its scope: which systems, data and locations it covers (scope is best practice; not required by any rule on this page)
  • Definitions that separate an event or incident from a reportable breach, using each applicable rule's own terms (HIPAA 164.304 and 164.402; 23 NYCRR 500.1(g); 16 CFR 314.2) (best practice; no rule requires a definitions section)
  • Roles, responsibilities and levels of decision-making authority, including who declares an incident and who decides on notification and on any extortion payment (16 CFR 314.4(h)(3); 23 NYCRR 500.16(a)(1)(iii); PCI DSS 12.10.1)
  • Contact list and 24/7 availability of responders (PCI DSS 12.10.3), with current copies of the plan reachable during an event (23 NYCRR 500.16(b))
  • Internal processes for detection, analysis, containment, eradication and recovery, with procedures for different incident types such as ransomware (16 CFR 314.4(h)(2); 23 NYCRR 500.16(a)(1)(ii); PCI DSS 12.10.1; NIST SP 800-171 3.6.1; 45 CFR 164.308(a)(6)(ii))
  • Response to alerts from security monitoring systems and to unexpected discovery of stored card numbers (PCI DSS 12.10.5 and 12.10.7)
  • Breach determination step: who decides, on what facts, and how the decision and any HIPAA four-factor risk assessment are recorded (45 CFR 164.402; 17 CFR 248.30(a)(3)(iii))
  • Notification table with every regulator, contract party and individual deadline that applies, and the event that starts each clock (16 CFR 314.4(j); 23 NYCRR 500.17; DFARS 252.204-7012(c); 45 CFR 164.404 to 164.410; 17 CFR 248.30(a)(4); GDPR Art. 33 and 34; state laws)
  • External and internal communications and information sharing, including payment brands and acquirers (16 CFR 314.4(h)(4); 23 NYCRR 500.16(a)(1)(iv); PCI DSS 12.10.1)
  • Recovery from backups and link to the business continuity and disaster recovery plan (23 NYCRR 500.16(a)(1)(vii) and (a)(2); PCI DSS 12.10.1)
  • Evidence preservation: system images, logs and monitoring data, kept at least 90 days after a DoD report (DFARS 252.204-7012(e); ISO 27001 A.5.28)
  • Remediation of identified weaknesses in systems and controls (16 CFR 314.4(h)(5); 23 NYCRR 500.16(a)(1)(v))
  • Documentation and reporting of incidents and response activities (16 CFR 314.4(h)(6); 23 NYCRR 500.16(a)(1)(vi); 45 CFR 164.308(a)(6)(ii); NIST SP 800-171 3.6.2; GDPR Art. 33(5))
  • Root cause analysis: how and why the event occurred, business impact, and what will prevent recurrence (23 NYCRR 500.16(a)(1)(viii); ISO 27001 A.5.27)
  • Service provider duties, including the 72-hour notice service providers must give SEC-registered firms (17 CFR 248.30(a)(5))
  • Training for staff with response roles (23 NYCRR 500.16(c); PCI DSS 12.10.4)
  • Testing at least annually and after significant changes, with lessons learned (23 NYCRR 500.16(d); PCI DSS 12.10.2; NIST SP 800-171 3.6.3)
  • Evaluation and revision of the plan after each incident (16 CFR 314.4(h)(7); 23 NYCRR 500.16(a)(1)(ix); PCI DSS 12.10.6)
  • Version, owner, approval date and change log (best practice; not required by any rule on this page)

What the examiner asks for

Written planThe dated, approved plan with its contact list and notification table. NY DFS examiners and PCI assessors also ask how current copies are reachable during an outage. Security consultants and virtual CISO services write it; policy tools hold versions
AttestationRecords of annual tabletop or live tests with attendees, scenario, findings and follow-up; training records for responders. NY DFS covered entities file either a certification of material compliance or an acknowledgment of noncompliance each April 15 (500.17(b)) and keep supporting records for five years. Security consultants run exercises; auditors and QSAs review them
Operational recordsAn incident log with each event, the breach determination and its reasoning, notices sent and their dates, root cause reports, and HIPAA breach risk assessments. HIPAA documentation is kept six years (164.316(b)(2)). The organization; ticketing or GRC software; outside counsel for privileged investigations
Technical controlsLogging and alerting that feed the plan, protected backups with tested restores (23 NYCRR 500.16(d)(2) and (e)), and preserved system images for DoD contracts. Managed security providers, IT team, backup vendors

Change log.

2026-07-13The Department of War suspended CMMC Phase 2. DFARS 252.204-7012 and its 72-hour cyber incident reporting continue to apply.
2026-06-03Regulation S-P amendments compliance date for smaller entities, including the written incident response program and 30-day customer notice.
2025-12-03Regulation S-P amendments compliance date for larger entities.
2025-04-03NIST published SP 800-61 Rev 3 (final), superseding Rev 2 from 2012. Guidance only.
2025-03-31PCI DSS v4 future-dated requirements became mandatory, including the incident response procedures for unexpected stored card numbers (12.10.7).
2025-01-06HHS proposed a HIPAA Security Rule overhaul that would add a written incident response plan requirement and restoration targets. Still proposed, not final, as of late September 2026.
2024-11-01Amended 23 NYCRR 500.16 requirements (nine plan elements, BCDR plan, annual testing, protected backups) apply to NY DFS covered entities.
2024-08-02SEC Regulation S-P amendments effective (published June 3, 2024, 89 FR 47688).
2024-06-11PCI DSS v4.0.1 published, a limited revision with no added or deleted requirements; v4.0 retired December 31, 2024.
2024-05-13FTC Safeguards Rule notice requirement (16 CFR 314.4(j)) effective: 30 days to notify the FTC of a notification event involving 500 or more consumers (88 FR 77499, Nov 13, 2023).
2023-12-01Amended NY DFS 72-hour cybersecurity incident notice and extortion payment notice (500.17) apply, 30 days after the Second Amendment took effect on November 1, 2023.
2023-06-09FTC Safeguards Rule written incident response plan requirement (314.4(h)) took effect after the FTC delayed it from December 9, 2022 (87 FR 71509).

Where this document is required.

Where this document gets checked.

No one certifies a document like this on its own. It is read during the audits and inspections below, and by the agency behind each rule.

Where it is looked atWho looks at it
CMMC/NIST 800-171Level 1 and Level 2 (self): the organization's own assessment with senior official affirmation. Level 2 (certification): a C3PAO authorized by the Cyber AB, using certified CMMC assessors. Level 3: the Defense Industrial Base Cybersecurity Assessment Center (DIBCAC)
FTC Safeguards/GLBAGovernment enforcement only. The FTC investigates and brings enforcement actions; there is no certification or third-party audit requirement. Institutions may commission independent assessments voluntarily or under a consent order
HIPAAGovernment enforcement only. OCR investigates complaints and breach reports, conducts compliance reviews and periodic audits, and can impose civil money penalties or resolution agreements; state attorneys general may also sue under HITECH. There is no HIPAA certification recognized by HHS; third-party assessments (including HITRUST) are voluntary
ISO 27001An accredited certification body (registrar) operating under ISO/IEC 17021-1 and ISO/IEC 27006-1:2024, with an accreditation scope that includes ISO/IEC 27001
NY DFS 23 NYCRR 500Government enforcement only. DFS examines covered entities and can impose penalties; there is no certification. Class A companies must obtain independent audits of their cybersecurity program (internal or external auditors free from influence over the program), but DFS does not certify those auditors
PCI DSSA PCI SSC qualified Qualified Security Assessor (QSA) company with certified QSA employees performs the ROC. Certified Internal Security Assessors (ISAs) can support internal assessments where the acquirer permits. Approved Scanning Vendors (ASVs) perform quarterly external vulnerability scans. Small merchants self-assess on an SAQ
SOC 2A licensed CPA firm (independent certified public accountants) performing the examination under the AICPA attestation standards and issuing the service auditor's report

Consultants.

Firms that name these standards in their own material.

Listed in random order, reshuffled each time the page loads. Firms that pay for a listing are shown at the top, labeled Sponsored.

Systems EngineeringPortland, ME, USA
What they do
Compliance consulting
Who they help
Its website offers consulting for HIPAA, CMMC, NIST 800-171, PCI DSS, GLBA / FTC Safeguards and more.
Standards
HIPAACMMCNIST 800-171PCI DSSGLBA / FTC Safeguards
+5 moreShow fewerGDPRNIST CSFCCPA/CPRACJISSOX
Pricing
Not published
Website ↗Claim this listing →Website checked Sep 30, 2026
HanaByteAtlanta, GA, USA
What they do
Compliance consulting
Who they help
Its website offers consulting for ISO 27001, SOC 2, HIPAA, CMMC, PCI DSS and more.
Standards
ISO 27001SOC 2HIPAACMMCPCI DSS
+3 moreShow fewerFedRAMPNIST CSFNIST 800-53 / FISMA
Pricing
Not published
Website ↗Claim this listing →Website checked Sep 29, 2026
Coralis AdvisoryClinton Township, Michigan, USA
What they do
Compliance consulting
Who they help
Its website offers consulting for ISO 27001, SOC 2, HIPAA, GDPR, NIST CSF and more.
Standards
ISO 27001SOC 2HIPAAGDPRNIST CSF
+3 moreShow fewerISO 42001CIS ControlsHITRUST
Pricing
Not published
Website ↗Claim this listing →Website checked Oct 18, 2026
SecurafyColumbus, Ohio, USA
What they do
Compliance consulting
Who they help
Its website offers consulting for ISO 27001, SOC 2, HIPAA, PCI DSS, CMMC and more.
Standards
ISO 27001SOC 2HIPAAPCI DSSCMMC
+6 moreShow fewerNIST 800-171FTC Safeguards RuleGLBANIST CSFDFARSCJIS
Pricing
Not published
Website ↗Claim this listing →Website checked Sep 26, 2026
AccomplishBiz Pty LtdAlbury, New South Wales, Australia
What they do
Compliance consulting
Who they help
Its website offers consulting for ISO 27001, ISO 9001, ISO 14001, ISO 45001.
Standards
ISO 27001ISO 9001ISO 14001ISO 45001
Pricing
Not published
Website ↗Claim this listing →Website checked Sep 29, 2026
46SolutionsLexington, KY, USA
What they do
Compliance consulting
Who they help
Its website offers consulting for HIPAA, PCI DSS, GLBA / FTC Safeguards, SOX.
Standards
HIPAAPCI DSSGLBA / FTC SafeguardsSOX
Pricing
Not published
Website ↗Claim this listing →Website checked Sep 29, 2026
GQSSingapore
What they do
Compliance consulting
Who they help
Its website offers consulting for ISO 27001, SOC 2, HIPAA, PCI DSS, ISO 9001 and more.
Standards
ISO 27001SOC 2HIPAAPCI DSSISO 9001
+57 moreShow fewerISO 14001ISO 45001ISO 42001ISO 13485ISO 22301ISO 27701AS9100B CorpBRCGSCMMIEcoVadisFSSC 22000GMPHACCPHITRUSTISO 14046ISO 14064ISO 15378ISO 17020ISO 18606ISO 19600ISO 20000-1ISO 20121ISO 21001ISO 22000ISO 22237ISO 23894ISO 24510ISO 27005ISO 27017ISO 27018ISO 27031ISO 27032ISO 28000ISO 29990ISO 29993ISO 31000ISO 37001ISO 37002ISO 37301ISO 38507ISO 41001ISO 44001ISO 46001ISO 50001ISO 55000ISO 55001ISO 56000ISO 56001ISO 59000ISO 62443R2v3SA8000SOC 1SOC 3SQFTISAX
Pricing
Not published
Website ↗Claim this listing →Website checked Sep 29, 2026
ITASC SolutionsCalifornia, USA
What they do
Compliance consulting
Who they help
Its website offers consulting for ISO 27001, SOC 2, HIPAA, PCI DSS, GDPR and more.
Standards
ISO 27001SOC 2HIPAAPCI DSSGDPR
+6 moreShow fewerFedRAMPCCPACJISHITRUSTNIST 800-53SOX
Pricing
Not published
Website ↗Claim this listing →Website checked Oct 18, 2026

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What people ask.

What is the difference between a security incident and a data breach?

An incident is any attempted or actual unauthorized access, use or disruption, such as a phishing click or malware on a laptop. A breach is the narrower case where protected information was actually acquired, accessed or disclosed in a way a specific law defines. Most incidents are not breaches, but the plan must record why each one was or was not.

Which deadline do I follow if several rules apply?

All of them, each on its own clock. NY DFS and DoD each give 72 hours, the FTC 30 days, the SEC's Regulation S-P 30 days for customer notices, HIPAA 60 days, and state laws range from 30 days to "without unreasonable delay". Build a notification table into the plan and work to the shortest deadline first.

When does the clock start?

It depends on the rule. The FTC counts from discovery, meaning the first day any employee, officer or agent knew; HIPAA counts from the first day the breach was known or, with reasonable diligence, would have been known; NY DFS counts from when you determine a cybersecurity incident occurred; DFARS counts from discovery of the cyber incident; Regulation S-P counts from becoming aware. The plan should say who records each of those moments.

I am a small tax preparer. Do I need a written incident response plan?

Under the FTC Safeguards Rule, not if you hold customer information on fewer than 5,000 consumers (16 CFR 314.6). You still must notify the FTC within 30 days of a notification event involving 500 or more consumers, and state breach laws still apply. A short written plan is how you meet those deadlines in practice.

Is the incident response plan the same as a business continuity plan?

No. The incident plan covers detecting, containing, investigating and reporting; the continuity plan covers keeping the business running and restoring operations. NY DFS requires both as separate plans (500.16(a)(1) and (a)(2)), and PCI DSS requires the incident plan to address business recovery and continuity.

How do I test the plan?

A tabletop exercise, where the response team talks through a realistic scenario such as ransomware, is the most common method and is named in NIST SP 800-171's discussion of 3.6.3. Record who attended, what broke and what you changed. NY DFS and PCI DSS require a test at least once a year.

Does a NIST SP 800-61 template satisfy these rules?

It is a good starting structure, but it is guidance and does not list rule-specific items. Check the result against the FTC's seven areas, NY DFS's nine, PCI DSS 12.10.1 and your notification deadlines before relying on it.

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