The previous articles in this series suggested ways in which a general counsel might develop a positive working relationship with a chief information officer (CIO) and information on establishing a data governance committee to ensure responsibility, accountability and sustainability of data practices.

This article focuses on how general counsel can communicate to its board of directors. Specifically, we will look at the key considerations by a board as the organization establishes data governance.

General counsel should be prepared to assist the board by evaluating the degree of risk and harm, making specific recommendations in the areas of the retention of outside experts to educate the board, helping establish the oversight of this risk either at the appropriate committee level or the director level of the board, and reviewing insurance coverage that could be required in the event of a critical or material loss of the organization's data.