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Xero Partners: Accountants ‘Duty of Care’

Xero Downtime & Local Tax Authority Compliance: Are You Fulfilling Your Duty of Care?

Urgent Advisory: Introduction #

Recent outages have exposed a critical vulnerability for Xero users: a single point of failure due to the lack of in-built backup and the reliance on Xero holding the only copy of their data. This leaves your clients’ financial data exposed to loss, non-compliance, and business disruption.

Key Points Every Accountant Needs to Know:

  • Xero’s Terms of Use: Your clients are legally obligated to maintain their own backups.
  • Local Tax Authority Compliance: A local backup is essential for tax compliance and audit readiness.
  • Business Continuity Best Practice: A robust BCP is incomplete without a reliable data backup solution. It’s the foundation for any effective recovery plan.

Don’t Wait for Disaster to Strike

As a trusted advisor, it’s your responsibility to ensure your clients understand these risks. Recommend a reliable Xero backup solution and guide them in creating a robust BCP in collaboration with their IT provider.

Remember:

  • Backing up Xero data isn’t just about restoring to Xero – it’s about enabling your clients to access their data and continue operating, even if Xero is unavailable.
  • A well-structured BCP, underpinned by secure data backups, is a best practice for any business, regardless of size.

Take action today to protect your clients and their businesses.

#XeroBackup #TaxCompliance #BusinessContinuity #DataProtection #BCPBestPractice

Protect Your Clients & Your Practice – Xero Data Backup & Local Tax Authority Compliance #

Dear Valued Accounting Professional,

As a trusted Xero advisor, you play a vital role in your clients’ financial success. A critical aspect of this role is ensuring their data security, compliance with relevant regulations, and most importantly, their ability to maintain business continuity in the face of unexpected disruptions. We’re writing to you today to highlight the urgent matter of Xero data backups, Local Tax Authority requirements, and the absolute necessity of a robust Business Continuity Plan (BCP) in place.

The Hidden Risk: Xero Data Backup Non-Compliance

Many businesses unknowingly violate Xero’s Terms of Use by not maintaining a local backup of their financial data. This oversight can have serious consequences, including:

  • Data Loss: Xero’s backups are not intended for individual user recovery (see here). In the event of accidental deletion, technical issues, or cyberattacks, your clients could lose critical financial data without a local backup.
  • Breach of Contract: Xero’s Terms of Use clearly state that subscribers are responsible for maintaining their own copies of all records entered into Xero. Failure to do so may result in limitations on their Xero service or even account termination.
  • Business Disruption: Without accessible data backups, a business’s operations could grind to a halt in the event of data loss or system unavailability, as demonstrated by the recent CrowdStrike and AWS outages in July. These incidents highlighted the interconnected nature of cloud-based services and the potential for cascading disruptions.. This can lead to significant financial losses and damage to reputation.

Local Tax Authority Expectations & Your Professional Responsibility

While the Local Tax Authority doesn’t explicitly mandate local Xero backups, they do require businesses to maintain complete and accessible financial records for a specified period, and the data must be kept locally, domiciled in the same jurisdiction as the business. This is crucial for:

  • Tax Compliance: Ensuring accurate reporting of income and expenses.
  • Audit Readiness: Providing a clear audit trail for Local Tax Authority scrutiny.
  • Fraud Prevention: Deterring tax evasion and fraudulent activities.

As an accountant and trusted advisor, you have a professional duty of care to inform your clients about these risks and obligations. By proactively addressing Xero data backup and Local Tax Authority compliance, you can:

  • Mitigate Risk: Protect your clients’ financial data and safeguard them from legal and financial repercussions.
  • Enhance Client Relationships: Demonstrate your commitment to their success and strengthen your position as a trusted advisor.
  • Expand Your Services: Offer data backup solutions and compliance advisory services as a valuable addition to your portfolio.

The Critical Link: Data Backup and Business Continuity

A Business Continuity Plan (BCP) is essential for any business, regardless of size. However, a BCP is only as effective as the data it can rely on. Without a secure and accessible backup of your Xero data, your BCP is incomplete.

  • Plan B: Backed-up data is your “Plan B” when Xero is unavailable or data is lost. It enables you to access critical information, maintain operations, and make informed decisions during a crisis.
  • Recovery: Your BCP should outline how you will use your backed-up data to recover and resume normal business activities, whether that involves importing data into Xero or transitioning to an alternative platform.

Key Recommendation: Collaborate with IT Professionals

While you play a crucial role in advising your clients on the importance of a BCP and data backup, their Managed Service Provider (MSP) or IT provider is best equipped to help them develop and implement a comprehensive plan.

Take Action Now

We urge you to prioritize this issue and take immediate action to ensure your clients are compliant with Xero’s Terms of Use, Local Tax Authority requirements, and have a solid BCP in place that includes a reliable data backup solution. This includes:

  • Educating Your Clients: Clearly communicate the critical link between data backup and business continuity. Emphasize that a BCP without accessible data is ineffective.
  • Offering Solutions: Explore data backup options, such as Control-C, and guide your clients in choosing the best solution for their needs.
  • Encouraging BCP Development: Advise your clients to consult their MSP or IT provider to create and implement a comprehensive BCP that includes data backup and recovery strategies.
  • Regularly Reviewing Compliance: Stay informed about any changes to Xero’s Terms of Use or Local Tax Authority regulations and update your clients accordingly.

By taking these proactive steps, you not only protect your clients and your firm but also demonstrate your commitment to ethical and responsible accounting practices and contribute to your clients’ long-term success and resilience.

We hope this information is helpful and encourage you to reach out if you have any questions or concerns.

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