Managing Risk, Compliance, and Legal Hurdles in Your MSP & Cloud Prac;ce
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1 March 21-22, 2013 Orlando March World 21-22, Center 2013 Orlando Marrio8 World Orlando, Center MarrioD Florida Orlando, Florida Managing Risk, Compliance, and Legal Hurdles in Your MSP & Cloud Prac;ce
2 Julie Machal- Fulks Partner ScoD & ScoD, LLP
3 March 21-22, 2013 Orlando World Center MarrioD Orlando, Florida Cody Griffin Partner Frost, PLLC #MSPNews
4 Risk comes from not knowing what you re doing. Warren Buffet
5 What Struggles Are MSPs Facing? How to protect data covered by regulaxons governing financial insxtuxons and privacy protecxon laws How to sell services compexxvely and make a profit without running afoul of licensing requirements How to respond to audit and compliance requests from publishers and customers
6 Data Privacy and ProtecXon Pi\alls VerXcals like health care and financial services require protecxon of data stored or managed by an MSP MSPs o^en struggle with regulatory requirements like: When is a BAA required? What safeguards must be in place on managed servers How to ensure customers do not provide unnecessary access to protected data Who is responsible for collecxng data and paying when a customer experiences a data breach
7 So^ware License Audits So^ware publishers are focusing on hosxng providers Microso^ and other publishers have special licensing models for MSPs These licensing terms are o^en unclear Third- party auditors interpret the data in the light most favorable to the publisher The look- back period is usually 2-3 years
8 So^ware License Audit Demands In some instances, the required license fees consume the revenue generated from the hosxng acxvixes Demands from Microso^ and other publishers can reach millions of dollars TradiXonal business negoxaxons are o^en not effecxve
9 Lowering The Risks Research requirements for your clients and help educate them, if necessary Fully understand the license requirements affecxng you Make sure that aggressive pricing models sxll allow for unforeseen risks Secure insurance to cover as many risks as possible
10 Avoiding Costly Mistakes Train employees not to respond to any legal or compliance request without escalaxng to management Involve insurance carrier for all claims that may be covered by insurance Analyze potenxal financial exposure before responding to an audit request
11 Why do we need standards? Managed Services is an unregulated profession MSPs can say and do anything with lidle or no oversight End- users don't have effecxve tools to select MSPs Only by self- regulaxon can MSPs protect themselves and determine their own future
12 What compliance / audits are available? Unified CerXficaXon Standard for Cloud and Managed Service Providers (UCS) SSAE 16 ISAE 3402 ISO ITIL COBIT
13 UCS Developed by MSPAlliance For Cloud, Managed Service Providers, and HosXng FaciliXes Based on 10 Control ObjecXves Audit performed by Independent Public AccounXng Firm Public Report Issued CerXfied by MSPAlliance ExisXng IT standards DO NOT address the unique operaxonal aspects of managed services and cloud providers. The UCS DOES!
14 UCS Control ObjecXves Provider OrganizaXon, Governance, Planning and Risk Management Privacy Documented Policies and Procedures Data Integrity Service & Program Change Management Physical and Environmental Security Event Management Service Level Agreements, Customer ReporXng and Billing Logical Security Financial Health
15 UCS Audit Process Complete UCS ApplicaXon MSPAlliance consulxng and audit preparaxon Independent audit fieldwork and report preparaxon CerXficaXon and Report Issuance from MSPAlliance
16 Benefits of Compliance Standardized audits Free ConsulXng!!! Designed for MSPs and Cloud Providers 2 levels of audit assurance EffecXve Sales/MarkeXng Report Offers 3rd party public audit report InternaXonally accepted Industry StandardizaXon Best way to prove you are doing what you say you are doing!
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