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How to Avoid Regulatory Sting

As this article is being written, Visa USA is set to announce newly updated information security guidelines that cover all merchants, member banks, service providers and software vendors (who build, for example, point-of-sale and e-commerce applications) ' and those who process, transmit, or store credit or payment card data. The standards will also be accepted and endorsed by MasterCard, Discover, Diners, JCB and American Express. The newly revised standards resolve differences in how the industry has been evaluating security compliance and in doing so, support on-going efforts for combating fraud, which Visa estimates has now dropped to a historic low of five cents on every one-hundred dollars of transaction volume. Fail to comply with the new standard and suffer a breach, and a member organization could be facing fines of up to $500,000 from Visa.

The payment card industry is not the only focus of new regulatory concerns. Suddenly, information security is no longer a techie-only issue ' compliance with regulatory standards is clearly now a governance and fiduciary duty with severe financial impact for failures and substantial liability from future litigation. For example, leak private information about residents of over 20 states and you may have to publicly announce the breach ' events that have made headlines from ChoicePoint and Card Systems, both of which now face shareholder lawsuits and materially eroded customer and investor confidence.

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