Cyber and Privacy
In today’s digitally reliant society, cyber is emerging as one of the leading business risks in an environment where threats are becoming more sophisticated and are constantly evolving. A security or privacy breach can occur suddenly and unexpectedly, causing significant damage to business operations, compromise of business critical or sensitive data, financial loss, reputational damage, liability to third parties and triggering notification obligations.
How we can help
We understand local and international regulatory and legal developments (both statutory and common law), and their likely effect on insurers underwriting these types of risks, as well as the types of losses resulting from claims.
We assist clients with advice relating to coverage under stand-alone cyber policies, traditional lines of insurance and IT liability policies, as well as with managing privacy and regulatory investigations and incident response, and technology disputes.
We have access to forensic IT professionals, communication and PR experts and mailing, call centre and credit monitoring services that enable us to provide an effective response to cyber and privacy incidents. We aim to mitigate claims by working closely with insurers and their insureds and identifying cost effective options for incident response based on the severity and scale.
Our approach to Cyber and Privacy claims
Staying ahead of current and emerging cyber risks (both global and local), including claims and incident response trends, supplier risk management issues and regulatory activity that can often arise following notification, enables us to draw insights from the differences between the Australian legal landscape and more ‘mature’ overseas markets to reduce our client’s exposure and respond swiftly and effectively to incidents.
Our response solution connects insureds instantly to security, privacy and data breach experts
Speed is key - urgent guidance from specialists to limit your liability and loss
In-depth experience across a range of cyber and privacy incidents
Supported by an award-winning, national insurance team
Examples of our work
Breach coach and privacy counsel
We have acted as breach coach and privacy counsel for clients including a community legal centre, professional and financial services firms, and one of Queensland’s largest real estate businesses following business email compromise and ransomware incidents.
Privacy and notification obligations
We have acted as privacy counsel for health and aged care providers following data breach and ransomware incidents, including advice regarding privacy and notification obligations under the Privacy Act 1988 (Cth), the Aged Care Act 1997 (Cth) and the Hospital and Health Boards Act 2011 (Qld) as well as recovery rights against IT providers for security failures.
Malware incident coverage counsel
We acted as coverage counsel for an international insurer in a large scale incident involving an ASX listed company affected by malware. The incident resulted in large first party losses and required an assessment of potential third party losses arising from complaints made immediately following the incident.
Our Cyber and Privacy Specialists
Meet our dedicated team of cyber and privacy lawyers.
"Highly skilled and knowledgeable. Very good understanding of the industry. Pragmatic approach to resolving issues. Very approachable and responsive."
Beaton Benchmarks - Insurance