The internet and computing have revolutionised marketing, communication, data storage and working practices. The dramatic rise in the volume of data being stored and handled, and an ever-changing legislative landscape places businesses at increased risk from claims and regulatory action.
Data breaches, whether they be through criminal activity or inadvertent data loss or misuse, can have dramatic effects. The ramifications can include reputational damage, liability claims from affected individuals, claims by customers and action by regulators.
It doesn’t end with the loss, theft or misuse of data. There are potentially other serious hazards, including the loss of use (or failure of) systems, ransomware and the creation of copycat websites. The market demands a new level of legal expertise founded on a real understanding of the emerging technical issues.
Our cyber liability team has wide experience handling disputes arising from cyber risks, IT and internet activity including hacking, defamation, privacy, breach of confidence, intellectual property, breach of contract, software defects, business interruption, data protection and professional liability. The team has dealt with incidents ranging from the inadvertent loss of anodyne information relating to one person to the loss of highly sensitive data and/or data relating to tens of thousands of individuals.
The team works closely with BLM’s specialist costs team in defending what are often very substantial claims for costs from claimant solicitors instructed under “no-win no-fee” agreements (where the claimants are often backed by After the Event Insurance) and are developing a range of strategies to deal with attritional data protection claims – with a dedicated low cost data breach unit.
In addition, in conjunction with Sedgwick, we provide a 24/7 cyber incident response team. This is supported by our GILC international network of law firms which provides us with significant specialist cyber expertise across the globe.
For further information on GDPR and how we can help, visit our GDPR Hub