Cybersecurity: Legal implications and risk management

Cybersecurity crisis management

The internet knows no borders, neither do we. Our global team of cybersecurity response experts work across borders, combining data protection, privacy, regulatory, white collar and litigation expertise in order to deliver seamless crisis management and legal advice, whenever and wherever needed.

The digitalization and free flow of information has transformed global business. However, with increased opportunities have come new and increased risks, together with complex legislative regimes that can vary significantly by jurisdiction, and are constantly evolving. Even the most conscientious company can become the victim of a cybersecurity incident, such as the stealing of client or company information, or a ransomware attack. We work with a wide range of multinational companies to manage their cybersecurity risks, developing rapid response plans, providing time-critical crisis management advice, and working with clients to manage any resulting legal issues that may arise.

Key issues

Why?
Reputation Fines Breach of contract M&A due diligence Insurance	Proprietary information Litigation Criminal offences Negligence

Be prepared

Risk Assessment

Key Information
Assets
Key Systems
Threat Analysis
Security Measures

Toolkit

Scripts
Internal and
External
Communications
Employee contacts
Response Plan
Live Training
Business Continuity Plan

Key considerations

Customer/individual rights

Requests for data
Data Protection Authority Complaints
Group litigation orders
Resolution mechanisms

B2B relationships

Contractual obligations
Contractual liability
Tort

Reputation management

Media strategy
Customer interaction
Employee engagement

Commercial

Proprietary
Information/Trade Secrets
System Disruption

Regulatory issues

Data Protection Authority
Financial Regulators
Market authorities
Other regulators

Privacy & data protection

Jurisdictions involved
Reporting obligations
- individuals
- authorities

Evidence

Law Enforcement Involvement
Legal Privilege
Preservation of Evidence

Response

Crisis Team

Legal (internal and external)
IT/IT Forensics
PR
Regulatory
DPO
Executive committee
HR
Vendor manager

Key Actions

Work with forensic investigators to:
- Identify and contain breach
- Gather/preserve evidence
- Maximise legal privilege coverage
Contact crisis team
Bring in external partners
Identify key risks and priorities based on nature of breach
Assess notification requirements
Communications
Regulatory notifications

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