In an article for The Times, White & Case partner Lawson Caisley discusses why it could become increasingly common for UK directors to "face personal liability and regulatory censure as a result of their company suffering or mishandling a cyberbreach".
Caisley examines two recent actions against company directors in the US, one brought by US prosecutors and the other by the Federal Trade Commission, in response to the management of a cyberbreach and failures to protect the personal information of customers.
He notes, "To date, legal claims and regulatory action have been mainly directed at the company suffering the breach. However, directors should not be complacent."
Caisley states, "Given the repeated warnings over many years as to the responsibility of boards for cybersecurity, we may now be at the stage where the UK authorities decide to follow the lead of their US counterparts."
See the full article here.
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