Insights

Cybersecurity and Commercial Risks

Posted: 12/11/2018

2 Temple Gardens,
Middle Temple Lane,
London,
UK

10th January 2023

Cost: Free
CPD: 1 hour
 

The commercial risks posed by cybersecurity threats have been highlighted by a number of significant data privacy breaches which have been recently reported in the national press, the introduction of GDPR and a spate of recent court cases such as Lloyd v Google LLC [2018] EWHC 2599 (QB) and W M Morrison Supermarkets Plc v Various Claimants [2018] EWCA Civ 2339. This seminar will provide an overview of various civil claims which can arise in cybersecurity litigation as a result of a data breach and will provide an analysis of some of the recent cases which are shaping this rapidly developing area of the law.

Christopher Lundie will consider the claims which can be made against commercial entities which have the misfortune of suffering a data breach (including derivative actions against the directors or other offices of such entities) together with an analysis of the damages which could be awarded. In addition to the two cases mentioned above he will be considering:
Google Inc v Vidal-Hall  [2015] EWCA Civ 311
Gulati v MGN  [2015] EWCA Civ 1291
TLT v Sec of State for Home Dept  [2018] EWCA Civ 2217.

Also considered, the extent to which corporate victims of cybersecurity breaches may be able to claim damages from IT professionals insofar as their defective software development or maintenance may be said to have contributed to the breaches. His talk will consider some important issues and recent developments arising in the context of commercial and professional negligence claims against IT professionals more generally. He will also discuss issues with insurance coverage and the ability to claim indemnities.

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