Is your startup subject to cyber requirements?

Privacy protection and data security law in Israel applies to every company that processes personal information, whatever its size or stage of development. “We didn’t know” is no longer accepted as an excuse.

The reason for the tighter regulation is simple. Breaches keep growing, the harm to citizens’ privacy keeps increasing, and new laws come to protect the owners of information from irresponsible conduct by businesses. Any data leak, even a small one, can cause significant harm and lead to serious legal violations.

Which laws apply to technology companies in Israel?

In recent years, the Israeli government has tightened cyber requirements in various laws and regulations. The Israel National Cyber Directorate sets the national policy and the protection guidelines. The main binding framework is:

What must an Israeli technology company actually do under cyber and privacy law?

1. Risk checks and security assessments

Every company that processes sensitive data should carry out periodic risk assessments and evaluate the cyber threats it faces. This includes identifying weak points in the infrastructure, the software and the management processes. Under regulation 5 of the Regulations, a database at the high security level must carry out a risk survey and penetration tests at least once every 18 months, discuss the results and correct the defects. At every security level, the controller must keep a database definitions document (regulation 2). At every level except a database managed by an individual, a documented security procedure is also required (regulations 4 and 21).

2. Breach reporting

When there is a breach or a cyber attack that puts personal data at risk, the company must:

3. Appointing a data security officer and a privacy protection officer

Section 17B of the Protection of Privacy Law requires the appointment of a data security officer in public bodies, in banks and insurance companies, and by anyone who controls five databases that are subject to registration or notice. Amendment 13 added a duty to appoint a privacy protection officer (section 17B1). This applies, among others, to anyone whose main business involves systematic monitoring of people on a significant scale, or trade in personal information about more than 10,000 people. A startup that does not have this duty should still appoint a person responsible for security, to handle procedures, updates, training and incidents.

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What happens after you write to me

  1. You write what happened and with whom. No documents.
  2. I get back to you within one business day for a short call of a few minutes.
  3. If it is a matter I handle: after the call you will receive, in writing, what will be done and what the next step is. Work starts only after you approve.

At the end of the call you will know one of three things: it is a matter I handle, and what the next step is; you can manage without a lawyer, and which guide fits; or it is outside my field, and where to turn.

What is the sanction on a company that does not meet the data security and privacy requirements?

The sanctions for breaches of cyber laws in Israel are getting tougher. The Privacy Protection Authority can impose:

Startups that neglect cyber security mainly risk harm to their reputation, failed deals, and a lower valuation in the eyes of investors and others.

Are you allowed to enter customers’ personal data into a generative AI tool?

Entering personal information from the customer database into an external AI tool is “processing” of the information. The definition in section 3 of the Protection of Privacy Law also includes transfer, disclosure and giving access. So it is allowed only for the purpose of the database that was lawfully set for it (section 8(b)). When the tool’s provider processes the information for the company, it can be treated as a “holder” (section 3). If the service involves giving access to the database, the security risks must be assessed in advance. The agreement must set out the information that may be processed, the purposes of use and the security measures (regulation 15 of the Data Security Regulations). When the servers are outside Israel, the regulations on transferring data abroad also apply. It depends on the circumstances, but it is usually better to enter information from which identifying details have been removed, and to set out in the security procedure which tools are allowed.

Where do you start: the minimum list of actions to comply with cyber law in Israel?

To meet the regulatory requirements, startups need:

Startups that prepare for cyber requirements early do not only avoid fines. They build a competitive advantage. Customers, partners and investors want to know that their information is protected. Good security is already part of the pitch.

Has something similar happened to you?You can write to me what happened and with whom, without documents.

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Sources

The links lead to the original legislation (in Hebrew). The binding text is the one published in Sefer HaHukim (the official gazette of statutes).

Checklist

  • Practical tip: When you engage an external supplier that receives access to the database, regulation 15 requires the agreement to set out the scope of processing, the security measures, the return of the information, and the reporting of security incidents. Since Amendment 13, a breach of the Data Security Regulations can lead to a monetary sanction (section 23Z(h) and the Third Schedule).
  • Common mistake: Assuming that a small company is exempt from the requirements. Cyber requirements apply to business activity of any size.
  • Tactical point: A documented security procedure, a risk survey and records of how incidents were handled are the evidence the Authority examines in an enforcement proceeding. Where the Regulations require these documents for a database, not having them is in itself a breach of the Regulations.
Legal note: The information in this guide is general and is not legal advice or a substitute for advice on your own case. Every case is assessed on its own facts.