Clients turn to us to manage legal risk in relation to the threat of cyber-attacks as well as when looking for response specialists to ensure they are resilient to cyber-attacks or other data breaches.
Across our international network, our cybersecurity practitioners advise on all aspects of preventing and reacting to cyber breaches or data incidents.
Computers, the internet, mobile devices and electronic transactions all play an important and ever-increasing role within the corporate environment, particularly for businesses with a strong online presence.
But the continued growth of “cyber” technologies and the growing phenomenon of cyber-attacks pose significant risks to businesses. Cyber attackers are often quick to spot the potential vulnerabilities of new technologies and to exploit them to commit civil and criminal offences (and to frustrate detection of those activities). Risks include:
damage to reputation
loss of IP and confidential information
Cybersecurity is about prevention of (and/or preparation for) cyber-attacks, but also about reaction once the risk has realised. It requires an integrated approach across traditional security disciplines proactively to understand, detect and respond to advanced and evolving threats. Our practice reflects this.
The task of managing legal risk in relation to the threat of cyber-attacks has many different components.
Our experience in preventing cyber and information breaches includes advising on:
Policies: including with respect to data security, data retention and destruction; privacy impact assessments and risk assessments.
Standards: including awareness and understanding of available standards and guidance (eg from BIS, ENISA, EC3, ISO and others).
Practices: including education and training programmes, employee monitoring (including ILP and other measures); and penetration testing.
Governance: including advising on appropriate structures and processes (eg with respect to service provider selection and management).
Contracts: including review and drafting of provisions concerning imposition of security standards (eg specifications, testing and rights to participate, certification, audits, training), governance and control (eg reporting requirements, step in rights, control of announcements and communications with authorities) and liability (eg force majeure, recoverable losses, insurance).
Insurance: including reviewing coverage especially exclusions.
Allen & Overy’s cross-practice team of cyber-incident response specialists supports clients to ensure they are resilient to cyber-attacks or other data breaches which may impact them or their own client’s services. We act as a partner to make sure you can react quickly and effectively.
Our experience in reacting to cyber and information breaches includes advising on:
Coordination: Response coordination, including managing internal stakeholders and external vendors (eg forensic teams).
Communications: Advising on approach to, and facilitating, communications (eg with employees, clients, media, and others).
Investigations: Assisting with investigations by law enforcement authorities and regulators (including the ICO), including preparation and review of reports.
Civil remedies: Pro-active response and civil remedies (including Emergency Injunctions, Search Orders, Freezing Injunctions and Disclosure Orders).
Reporting: Advising on reporting obligations (eg to markets, insurers, counterparties, regulators).
“Wash up”: dealing with post-incident actions, including liaison with regulators, defence of civil claims and employee (eg disciplinary) issues.
News & insights
News: 26 JULY 2021
Allen & Overy announces the nomination of Laurie-Anne Ancenys, Counsel and Head of the Tech & Data practice of the Paris office, to the 2021 selection of the Young Leaders of the France China…Read more
Publications: 21 JUNE 2021
The past decade has seen a huge increase in the incidence of cyber crime in Hong Kong. This has been exacerbated by the global pandemic, which has forced criminals online, with the number of cases in…Read more
Blog Post: 14 JUNE 2021
The European Commission announced its proposal for a regulation that will amend the EU eIDAS Regulation and establish a framework for a European Digital Identity (the Proposal)(3 June 2021).Read more
Publications: 09 JUNE 2021
New York partner Paul Keller interviews Jaeson Yoo, Chief Strategy Officer of Autocrypt, a leading V2X provider that offers services and solutions to secure communication lines between connected and…Read more
Cybersecurity practice brochure
The International Comparative Legal Guide: Cybersecurity 2021
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