Of course, remote data protection technologies wouldn't be needed if confidential data stayed protected on-site. David Johnson, a partner at Jeffer Mangels Butler & Marmaro, says company policy should prohibit the downloading of sensitive data onto laptops and other portable media.

Philip Gordon, chairman of Littler Mendelson's Data Privacy and Data Protection Practice Group, notes that exceptions might exist “for long plane rides or other times when there is no online connection.”

In the event a stolen laptop or other device results in a data breach, Gordon emphasizes the importance of communication and coordination among key business groups (legal, IT, HR, PR and risk management) in carefully assessing the damage and determining appropriate action.