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Volume X, Number 218

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Forgotten Issues: What Business Continuity Planning In The COVID-19 Era Isn’t Contemplating

As the world grinds to a halt following the dispersion of COVID-19 and businesses around the globe experience a significant downturn, more and more businesses are turning towards their Business Continuity Plan (BCP) in order to mitigate the potential impacts of this worldwide emergency on business sustainability. However, a key aspect of BCP’s is that they encapsulate the full scale of collateral issues that may arise from such an emergency.

From a technology perspective, BCP’s need to consider access. This issue is twofold: being access to premises in which businesses operate in order to correct system defects and system outages, as well as access to external premises that provide technology services such as data storage or data security services.

In the former scenario, the increasing amount of restrictions placed by Landlords on access to business premises may require businesses to obtain the consent of their Landlord prior to accessing a business’ premise or any locations where, for example, equipment or ducting for cabling is located, which could mean lead times to fix outstanding issues increase from minutes to hours or even days. Therefore, businesses need to identify what their access process currently is, and have procedures in place to swiftly obtain any consents and rectify any future issues. Businesses also need to include in their BCP’s alternative solutions should requests for consent to access be delayed or rejected, in order to ensure that business processes continue to function.

In the latter scenario, external service providers such as data centres may impose restrictions or even bans on access. This is already occurring elsewhere in the world, and will surely be adopted by those same international operators in Australia as the virus impact expands.  Data centres are high risk environments for a virus (and for a change we are not talking about a computer based virus!) Warm air with filters that were mostly designed to filter external air coming in, not internal air circulating, are encouraging environments for COVID.  It is not surprising therefore that data centre operators conclude that the best approach is preventing entry. 

This could impact significantly on a business if infrastructure fails and needs to be fixed or even re-booted. We are seeing in other countries these operators excluding access and requiring any activities to be dealt with by their staff on a first come first served basis regardless of urgency/severity.  Failover capability becomes increasingly important when you cannot access onsite at all to conduct remediation.

Therefore, our message is simple. In this unprecedented era, think deeper about  your BCP’s in particular on the impact of access restrictions and prohibitions, as you may not be able to obtain regular access to do what you normally do to fix your technology systems, which could have potentially dire consequences on business sustainability.

Copyright 2020 K & L GatesNational Law Review, Volume X, Number 90

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About this Author

Cameron Abbott, Technology, Attorney, Australia, corporate, KL Gates Law Firm
Partner

Mr. Abbott is a corporate lawyer who focuses on technology, telecommunications and broadcasting transactions. He assists corporations and vendors in managing their technology requirements and contracts, particularly large outsourcing and technology procurements issues including licensing terms for SAP and Oracle and major system integration transactions.

Mr. Abbott partners with his clients to ensure market leading solutions are implemented in to their businesses. He concentrates on managing and negotiating complex technology solutions, which...

+61.3.9640.4261
Warwick Andersen Technology Lawyer KL Gates
Attorney

Mr. Andersen is a senior corporate lawyer with a focus on commercial, technology and sourcing projects. He has advised on large scale outsourcing projects, technology agreements for both vendors and customers, corporate support, privacy and telecommunications regulatory work. He has acted for government departments, large listed companies, telecommunications companies and technology suppliers.

+61-2-9513-2508
Max Evans Lawyer technology matters, Software as a Service Agreements SaaS Sydney
Lawyer

Mr. Evans is a corporate and transactional lawyer with a focus on information technology and outsourcing. He provides assistance on a broad range of technology matters, including Software as a Service Agreements (SaaS), terms and conditions for software products and platforms as well as software procurement and outsourcing projects. Mr. Evans also provides assistance with technology and privacy aspects of mergers and acquisitions transactions.

Professional Background

Prior to joining K&L Gates, Mr. Evans worked in the insolvency and bankruptcy practice of...

61-2-9513-2318