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Incident Response for Small Business

If a cyberattack is happening now, call your cyber insurer's breach hotline if you have a policy, report it to the FBI at ic3.gov, and do not wipe or rebuild systems until evidence is preserved 123. Incident response services contain the attack, find what was taken and restore operations, while state laws set notice deadlines, such as 30 days in California and New York 45.

Updated October 13, 202620 cited sources
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ic3.gov 2
Report cybercrime to
$1.7 million 8
Avg ransomware recovery cost
$150,000 9
Median ransom, Q2 2026

The first hours of a breach or ransomware attack

  1. Call your insurer's breach hotline

    If you have cyber insurance, call before hiring anyone. Many policies require you to use the insurer's approved lawyers and forensic firms.

  2. Isolate, do not wipe

    Disconnect affected machines from the network. Do not delete, reimage or restore over them until evidence is captured.

  3. Stop money from moving

    If a wire or payment went out, call the sending bank at once and ask for a recall. Change passwords and enforce MFA on email and banking.

  4. Report to the FBI

    File at ic3.gov or call your local FBI field office. Keep a copy of the complaint for your insurer and bank.

  5. Bring in counsel and forensics

    A breach lawyer directs the investigation and works out notification duties. Forensic responders find the entry point and what was taken.

  6. Restore and notify

    Rebuild from clean backups, close the entry point, then send any required notices to people, regulators and customers on time.

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Breach notice deadlines and attorney general rules for all 50 states and DC are in our state data breach notification law table.

Incident response
Incident response is the set of steps an organization takes to detect, contain, investigate and recover from a cybersecurity incident such as ransomware, a hacked email account or a data breach, including meeting any legal duty to notify affected people and regulators.

Incident response: what to do right now if you've been hacked

Make two calls before you touch the affected systems: your cyber insurer's breach hotline, if you have a policy, and the FBI at ic3.gov or your local field office 2. Then preserve evidence. The FTC's breach guide is blunt: do not destroy evidence 3.

Why the order matters:

  • The insurer first. The FTC tells businesses to ask insurers whether they offer a breach hotline available at all hours 1. Many policies require you to use the insurer's panel lawyers and forensic firms. Hiring your own first can put reimbursement at risk, so read your policy or ask the hotline.
  • Law enforcement early. The FBI asks ransomware victims to contact a field office or file at ic3.gov 2. Treasury's sanctions office treats a prompt, complete report to law enforcement as a significant mitigating factor if a ransom payment later turns out to involve a sanctioned party 10.
  • Evidence before rebuilding. Wiping and reimaging feels like progress, but it destroys the logs that show how attackers got in, what they took, and whether you have to notify anyone. CISA advises isolating affected systems and taking a system image and memory capture of a sample of affected devices 11.

Isolate rather than shut down where you can: unplug network cables or disable Wi-Fi on affected machines. CISA says to power devices down only if you cannot disconnect them from the network 11. Change passwords from a clean device, starting with email admin, banking and backup accounts.

The first steps after a data breach

  1. Right nowContain and call
    • Call your cyber insurer's breach hotline, if you have a policy1
    • Report it to the FBI at ic3.gov2
    • Do not wipe or rebuild systems until evidence is preserved3
  2. First daysFind out what happened
    • Bring in breach counsel and a forensic firm, through the insurer if you have one
    • Work out what data was taken
    • List where the affected people live: that decides which state laws apply
  3. The deadlinesNotify on time
    • State laws: 30, 45 or 60 days in 22 states, "without unreasonable delay" in the rest (see the state breach law table)
    • HIPAA: individuals within 60 days of discovery16
    • FTC Safeguards Rule: the FTC within 30 days if 500 or more consumers are affected17
  4. AfterFix the cause
    • Close the gap that let the attacker in
    • Run a risk assessment and keep the records
    • Update your incident response plan
A general order of steps, not legal advice. Your insurer and breach counsel set the exact sequence for your case.

Ransomware attack: what to do and what it costs

After a ransomware attack, contain it, preserve evidence, check whether your backups survived, and only then decide how to recover. In Sophos's 2026 survey of organizations with 100 to 5,000 employees, the average recovery cost was $1.7 million, the median ransom payment was $769,000, and 48% of organizations whose data was encrypted paid 812. Coveware put the median payment at $150,000 and the average at $1,880,612 in Q2 2026, with the share of victims paying at a record low 9.

On paying:

  • The FBI does not support paying a ransom and notes that payment does not guarantee you get your data back 2.
  • Paying a group with a sanctions link can create legal exposure of its own, which is why insurers and counsel check this before any payment 10.
  • Many attacks now steal data before encrypting it. Even with good backups, you may still face extortion over the stolen files, and notification duties.

Ransomware recovery services rebuild systems, restore from clean backups, reset every credential and confirm the attacker is gone before users go back online. Whether you can skip the ransom depends on backups the attackers could not reach. Sophos found 60% of US organizations used backups to recover encrypted data 20. Our backup and disaster recovery guide covers immutable and offline copies.

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Hacked business email and wire fraud

If an email account was taken over or a payment went to a fraudster, call the bank that sent the money immediately and ask for a recall. The FBI's IC3 tells business email compromise victims to contact the originating financial institution as soon as fraud is recognized and to file a detailed complaint at ic3.gov that includes the banking information 13. Speed matters: requesting a recall quickly may reduce or eliminate the loss 13.

Business email compromise is the most expensive common attack on smaller firms. It caused about $3.05 billion in reported losses in 2025 across 24,768 complaints to IC3 14. Among Coalition's policyholders, BEC claims averaged $27,000 and funds transfer fraud claims $141,000 in 2025, and Coalition recovered $21.8 million in stolen funds for policyholders 15.

After the bank call:

  • Reset the account password from a clean device and sign out all sessions.
  • Check for mail forwarding rules and inbox rules the attacker added.
  • Turn on MFA for every mailbox if it is not already enforced.
  • Review what the attacker could read. If the mailbox held personal data such as Social Security or account numbers, notification laws may apply.

If an employee only clicked a phishing link, have them change their password, check sign-in logs for unknown locations, and run a scan on the device. Our cybersecurity for small business guide covers email security controls that stop most of this.

Breach notification duties by state and industry

Every state, DC, Puerto Rico and the US Virgin Islands has a breach notification law 3, and deadlines are getting shorter. Some examples from the statutes:

  • California: notify affected residents within 30 calendar days, and send a sample notice to the Attorney General when more than 500 residents are notified 4.
  • New York: no later than 30 days after discovery, with notice to the Attorney General, Department of State and State Police 5.
  • Texas: no later than 60 days, and the Attorney General within 30 days if 250 or more Texans are affected 6.
  • Florida: no later than 30 days, and the Attorney General if 500 or more Floridians are affected 7.

The law that applies is usually the state where each affected person lives, not where your office is. Our city pages summarize the local rule, for example managed IT in New York and managed IT in Dallas.

Industry rules stack on top:

  • Healthcare (HIPAA): individuals within 60 days of discovery, and HHS at the same time for breaches of 500 or more 16. See our HIPAA compliance services guide.
  • Tax preparers and other non-bank financial firms (FTC Safeguards Rule): the FTC within 30 days when 500 or more consumers' unencrypted data is acquired 17. See our WISP guide.
  • Defense contractors (DFARS 252.204-7012): report to DoD within 72 hours and preserve system images for at least 90 days 18. See our CMMC overview.

This is not legal advice. Have breach counsel confirm which laws apply before notices go out.

Incident response services and retainers

Incident response services are usually bought one of three ways: through your cyber insurer, on a pre-arranged retainer, or as an emergency engagement after something goes wrong. A typical response team includes breach counsel, forensic investigators, recovery engineers and sometimes ransom negotiators and a notification vendor.

Through insurance. If you have a cyber policy, the insurer's panel firms usually handle the response and the policy pays within its limits. The FTC lists forensics, data recovery, customer notification and legal counsel among typical first-party coverage costs 1. Coalition reports that 64% of the claims it closed were resolved with no out-of-pocket loss for the policyholder 15.

On retainer. An IR retainer pre-agrees terms, rates and response commitments so a firm is ready before you need it. Some retainers use prepaid hours that can be spent on planning or testing if no incident happens. We have found no neutral, published survey of IR retainer pricing, so compare written quotes on response commitment, hourly rate, what unused hours can be used for, and whether the firm is on your insurer's panel.

In an emergency. Without insurance or a retainer, you will sign terms at the worst moment. If you are insured, use the hotline first. If not, ask the responder for a written scope and rate before work starts.

Smaller firms often pair a retainer with managed detection and response, since an MDR provider can isolate machines within its service and hand off to IR when needed.

Build a data breach response plan before you need one

A short written incident response plan, tested once a year, is the cheapest part of incident response. Some rules require one. The FTC Safeguards Rule requires a written incident response plan for covered financial institutions, except those holding data on fewer than 5,000 consumers 17. The SEC's amended Regulation S-P requires covered institutions to have a written incident response program 19.

A useful plan fits on a few pages:

  • Who decides, with names, phone numbers and backups, kept on paper and outside company email.
  • Your insurer's hotline number and policy number.
  • Your IT provider, bank fraud line and breach counsel contacts.
  • Where backups are, and who can restore them.
  • What data you hold on customers and employees, and in which states they live.
  • A simple order of steps that matches the six in the box above.

Run a one-hour tabletop exercise each year where leadership walks through a ransomware or wire fraud scenario. A cybersecurity risk assessment or a vCISO can draft and test the plan with you. Insurers also ask whether you have one, as covered in our cyber insurance requirements guide.

Common questions

What should I do first after a ransomware attack?

Call your cyber insurer's breach hotline if you have a policy, report to the FBI at ic3.gov, and isolate affected machines without wiping them 23. CISA advises imaging a sample of affected devices before recovery 11. Then check whether your backups are intact before deciding how to restore.

Should we pay the ransom?

The FBI does not support paying, and payment does not guarantee you get your data back 2. Paying a sanctioned group can also create legal risk 10. Make the decision with your insurer and breach counsel, and only after confirming what your backups can restore.

How much does incident response cost?

It varies widely with the size of the incident, and we found no neutral survey of IR fees. For scale, Sophos's 2026 survey put the average ransomware recovery cost at $1.7 million for organizations with 100 to 5,000 employees 8, while Coalition's average claim across all incident types was $116,000 in 2025 15. Cyber insurance often covers forensics, legal counsel and notification 1.

What is an incident response retainer?

An IR retainer is a pre-signed agreement with a response firm that sets rates and response commitments before an incident happens. Some include prepaid hours you can use for planning or testing. If you have cyber insurance, check whether the firm is on your insurer's approved panel.

Do I have to report a data breach?

Usually yes, if personal information covered by state law was acquired, and the deadline depends on where affected people live. California and New York set 30-day limits, Texas 60 days 456. HIPAA, the FTC Safeguards Rule and DFARS add their own deadlines 161718; confirm with breach counsel.

An employee clicked a phishing link. What now?

Have them change their password from a clean device, sign out all sessions, and tell IT right away. Check sign-in logs for unfamiliar locations and look for new mail forwarding rules. If they entered banking details or a payment was changed, call the bank immediately 13.

What does an incident response company do?

It contains the attack, investigates how attackers got in and what they took, removes their access and helps restore systems. Breach counsel usually directs the work so findings can be used to decide notification duties. Many also handle ransom negotiation and coordination with law enforcement.

Sources

  1. Federal Trade Commission, Cyber Insurance, 2021-11-09.
  2. FBI, Ransomware, 2026-04-08.
  3. Federal Trade Commission, Data Breach Response: A Guide for Business, 2025-06-20.
  4. Foley & Lardner LLP, State Data Breach Notification Laws (chart, current as of March 4, 2026), 2026-03.
  5. New York State Senate, New York General Business Law § 899-AA, 2025-03-28.
  6. Public.Law, Texas Business and Commerce Code Section 521.053, 2023.
  7. Florida Legislature, 2026 Florida Statutes § 501.171 Security of confidential personal information, 2026.
  8. Sophos, 79% of Ransomware Attacks Now Originate from Compromised Identities, Sophos Report Finds (State of Ransomware 2026), 2026-07-15.
  9. Coveware by Veeam, Adverse cyber extortions are more common than commonly advised (Q2 2026 quarterly report), 2026-07-29.
  10. US Treasury, Office of Foreign Assets Control, Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments, 2021-09-21.
  11. CISA, #StopRansomware Guide, 2023-09.
  12. Sophos, The State of Ransomware 2026, 2026.
  13. FBI Internet Crime Complaint Center (IC3), Business Email Compromise, 2026.
  14. FBI Internet Crime Complaint Center (IC3), 2025 IC3 Annual Report, 2026.
  15. Coalition, 2026 Cyber Claims Report, 2026-03-05.
  16. eCFR, 45 CFR Part 164 Subpart D, Notification in the Case of Breach of Unsecured Protected Health Information, 2026-10-08.
  17. eCFR, 16 CFR Part 314, Standards for Safeguarding Customer Information, 2026-10-08.
  18. eCFR, 48 CFR 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, 2026-10-08.
  19. Federal Register (SEC), Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information, 2024-06-03.
  20. Sophos, The State of Ransomware in the U.S. 2026, 2026-07.

Updated October 13, 2026.

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