May 23, 2023

Regulatory Compliance: Practical Tips for Startups

Startup founders typically feel pressure from all directions, no matter how well-funded or well-oiled their team and processes may be. Working together to achieve goals and meet deadlines can be harder than it seems at first, especially when you’re also juggling funding rounds that lead to late nights and big piles of work. 

In the rush, it can be easy to let regulatory issues slide to the bottom of a list of priorities. After all, regulatory fines and penalties seem reserved for companies with a lazy approach to data and poor financial protections, or for those with an intentional plan to defraud investors and clients — and that definitely doesn’t apply to you. But before you push this priority to the back burner, we suggest you take pause. A few simple moves can keep you on track without draining your time or resources.

Find out who your regulators actually are

An hour or two with a search engine can help you understand exactly which state, local, and federal regulators will oversee your growing business. If you’re preparing food, providing financial services, or taking responsibility for managing client data, your regulators will fall into different categories and may include just one agency or several. For example, companies handling large amounts of customer data from around the world may be subject to various regional data protection laws including GDPR for the EU and CCPA for California.

Some proactive companies reach out directly to these agencies to clarify requirements and ask questions. (Your regulatory consultants or legal team can do this for you.)

Trust but verify

Part of the regulatory process will require you to work with partners and vendors that are also compliant — at least when it comes to how they handle your data. Keep re-evaluating and re-examining these companies at least once each year. Your business depends on their compliance, not just your own, so make sure you know them as well as you think you do.

Document your compliance plan in writing

It’s not enough to just have a compliance plan in mind, or to have occasional discussions about it with your team. No matter where you are in the process (even if your plan is far from complete), make sure you can show documentation that proves you’re taking the process seriously. Of course, your controls will change and improve with time, but at a moment’s notice you should be able to show which regulations your business adheres to and which agency or agencies set those standards. Your internal policies and protocols should also be written down, so you can demonstrate your process if questioned.

Build your system to scale

Expect your business to grow. No matter how ambitious your long term plans may be, your company will very likely change in size and scope, and your compliance plan should be resilient in the face of these changes. Consider what happens when your team grows (even if you only employ one or two people) and expect to eventually conduct foreign transactions, even if you haven’t done so just yet. You can also expect your data management requirements to eventually expand as well. All of this will require different regulatory considerations, so make sure to keep checking your requirements as big changes happen in your business.

Get support

If you tackle this challenge on your own, you may save a few dollars. But more likely, you’ll face auditor requests, operations gaps, missing or incomplete documentation, disordered accounts, and a host of other expensive and damaging issues that could have been avoided by enlisting the help of skilled, professional consultants. Contact our team and we’ll walk you through your regulatory needs step by step, keeping your expensive hours to a minimum and preventing the missteps that can turn small headaches into big ones.

We’re here for you at every turn. Arrange an initial consultation today.

We’re here to help.

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Frequently Asked
Questions

What type of compliance standard can you help with?

We help our clients based on their needs. The majority of our contracts involve SOC-2, HIPAA, and most recently GDPR. Feel free to ask us if we can help with your particular case. If we aren't able to, we can most likely recommend you to someone who can.

How long does a SOC 2 engagement usually take?

We move as fast as our clients are able to make progress. Our fastest client to date got their SOC-2 Type I four months after signing our engagement letter. That record is up for grab if you are up for it.

In our experience however, it takes 6-9 months to achieve a SOC-2 Type I,  and 3-6 additional months to obtain a SOC-2 Type II report.

Which standard do you follow for your security policies?

All of our security policies follow the ISO-27001 standard. The Confidentiality, Integrity, and Availability standards cover the range of standards we like to work with for SOC 2.

Why do we have to become SOC 2 compliant if we are relying on AWS which is already compliant?

SOC 2 stands for Service Organization Control, meaning your clients are interested in understanding your controls, not your hosting provider’s control. As part of your vendor assessment we recommend reviewing AWS’ SOC 2 report, but relying on their report is not enough to become SOC 2 compliant.

Who is behind SOC 2?

The American Institute of CPAs. The AICPA is an established and respected organization that provides two forms of audits to companies that demonstrate evidence of a secure data-protection infrastructure. A Type I is a point in time audit that addresses the company’s description of its system, the suitability of the system’s design, and the effectiveness of its internal data controls. A Type II report happens over a period of time and emphasizes design and also focuses on the validity of the company’s controls.

Are SOC 2 reports a legal obligation?

No, but most enterprise level organizations that engage with sensitive data (again, almost all of them) have an obligation to their stakeholders to prove due diligence regarding data security, which means they’ll want to vet their service providers using this tool. SOC 2 can help these prospective service providers set themselves apart from the competition. Just as important, a SOC 2 report represents a meaningful and respected signifier of trust.

What can happen to a company without a SOC 2 report?

A lack of a SOC 2 report won’t result in legal problems, but it can and will limit outside assessments of the company’s commitment to data security. When large-scale clients look for providers, or large-scale backers look for a likely return on their investment, they don’t want concerns about security to stand in the way. Trust is a chain made of links that have each been put the test and have proven their ability to withstand pressure and scrutiny. Company leaders are wise to let SOC 2 auditors apply this pressure so their clients and backers don’t have to.

When is it too late for a SOC 2 audit?

Never. Even companies that have been in business for years but have never obtained a SOC 2 report can—and should—take steps in this direction now. Being compliant with SOC 2 can open the door to a broader base of more significant clients and larger contract opportunities. That being said, startups in the threshold of the marketplace, and new business owners who hope for an eventual public offering, should obtain a SOC 2 report during the development and financing process. By the time the company approaches Series B and C fundraising rounds, a report should be in hand.

How complicated is the auditing process?

The auditing process can be easy, or complicated depending on your level of preparation.

Preparing for the audit can take some time, attention, and the guidance of reliable data security experts. Don’t leave any part of this process to chance. Approach SOC 2 compliance one step at a time, and start by contacting a consulting firm with track record of experience in your area of the marketplace.