Extract from Shawn Tuma’s article “Disaster Recovery, Business Continuity and Incident Response Plans: A Guide for In-House Counsel”
In today’s volatile business environment, where cyberattacks, natural disasters, and operational disruptions are increasingly common, in-house counsel play a critical role in ensuring their organizations are prepared for the unexpected. While terms like “Disaster Recovery Plan” (DRP), “Business Continuity Plan” (BCP), and “Incident Response Plan” (IRP) are often used interchangeably, each serves a distinct purpose in safeguarding an organization’s operations, reputation, and legal standing. For legal professionals embedded within organizations, understanding these plans is essential for effective risk management and ensuring compliance with regulatory and contractual obligations.
This article explores the purpose and scope of DRPs, BCPs, and IRPs, their differences, and how they complement each other. It also provides actionable insight into the role in-house counsel can play in developing and maintaining these plans.
Understanding the Plans: DRP, BCP, and IRP
When a crisis strikes—whether it’s a cyberattack, natural disaster, or operational failure—three key plans form the foundation of an organization’s ability to respond and recover: the Disaster Recovery Plan (DRP), Business Continuity Plan (BCP), and Incident Response Plan (IRP). While they share the overarching goal of minimizing disruption, each plan has a distinct focus and serves a different purpose.