Explained Simply
Following the rules won’t protect you in court—or from costly data breaches. Here’s what you really need to know.
Compliance vs. Standard of Care: What’s the Difference?
If you’ve ever filed taxes or renewed a license, you know what compliance means: doing what’s required by the rules.
But when it comes to cybersecurity, simply checking the boxes isn’t enough.
Here’s why: Compliance tells you what to do. The standard of care is how you’ll be judged when something goes wrong.
They are related—but not the same.
But when it comes to cybersecurity, simply checking the boxes isn’t enough.
Here’s why: Compliance tells you what to do. The standard of care is how you’ll be judged when something goes wrong.
They are related—but not the same.
Real-World Example: The School with All the Right Policies
Imagine a school district has written cybersecurity policies, uses filtering software, and trains staff once a year. Technically, they’re compliant with many state and federal rules.
But if a student’s data is stolen because the district failed to fix known software issues—or never tested backups—a court may find they didn’t meet the standard of care.
That’s because courts, insurers, and regulators want to know what was reasonable, not just what was required.
But if a student’s data is stolen because the district failed to fix known software issues—or never tested backups—a court may find they didn’t meet the standard of care.
That’s because courts, insurers, and regulators want to know what was reasonable, not just what was required.
Why the Standard of Care Sets the Real Bar
Compliance:
✅ A list of requirements you follow
✅ Often based on laws (e.g., FERPA, HIPAA, GLBA)
✅ Easy to prove with documentation
❌ May become outdated or insufficient
Standard of Care:
✅ Based on what a reasonable organization would do
✅ Informed by industry standards like NIST CSF and CIS Controls
✅ Used by courts in negligence claims
✅ Evolves with time and technology
Bottom line: You can be compliant and still be found negligent.
What Happens When You Confuse the Two?
Organizations that focus only on compliance often:
Just ask Target, Equifax, or Wyndham Hotels—all of which suffered major legal and financial fallout despite having compliance measures in place. In each case, courts focused on what was reasonable, not what was technically required.
- Overlook critical cyber risks that weren’t on a checklist
- Fail to document why decisions were made
- Get blindsided by lawsuits or insurance denials after a breach
- Miss opportunities to improve security posture over time
Just ask Target, Equifax, or Wyndham Hotels—all of which suffered major legal and financial fallout despite having compliance measures in place. In each case, courts focused on what was reasonable, not what was technically required.
How to Align Both: Compliance + Standard of Care
To stay secure and protected from liability, smart organizations do both:
- ✅ Meet all legal compliance requirements
- ✅ Adopt an industry-standard framework like NIST
- ✅ Conduct regular risk assessments
- ✅ Fix gaps based on risk, not just rules
- ✅ Document decision-making and progress
- ✅ Show a pattern of continuous improvement
Why Minerva Was Built for This Moment
The Minerva Cyber Risk Management Platform was specifically designed to close the gap between basic compliance and a defensible cybersecurity program.
With patent-pending technology, Minerva:
With patent-pending technology, Minerva:
- Translates complex frameworks like NIST and CIS into plain-language actions
- Prioritizes gaps based on cost, risk, and impact
- Provides clear documentation showing what was done, when, and why
- Benchmarks your organization’s controls against similar entities, helping define what’s reasonable in your sector
- Builds an audit-ready record that helps demonstrate the standard of care was met—even if a breach occurs
Ready to See Minerva in Action?
Discover how Minerva helps you align with both compliance and the evolving cybersecurity standard of care—before the breach, the audit, or the lawsuit.