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Article 2022-09-21
We are pleased to share the first edition of Kennedys Privacy & Breach Litigation Monitor. This bi-weekly mailing was created with our clients in mind - to bring you up to speed on the latest topics and trends in data privacy and breach litigation.
Case review 2022-09-13
In this article we explore the recent Federal Court decision in Inchcape Australia Limited v Chubb Insurance Australia Limited, which highlights the importance of considering the precise wording of the policy when determining whether a cyber insurance policy will adequately cover an insured for potential losses.
Article 2022-08-31
On 17 March 2022, the UK Government delivered to parliament a 'world-leading' Online Safety Bill aimed to make the UK the safest place to go online while defending free expression. Here, and in light of Ofcom’s Call for Evidence about its plans for implementation of online safety regulation, we focus on the scope of the Bill’s provisions and the likely impact on organisations.
Article 2022-08-18
Digital technology and data remain an increasingly significant and ever-evolving part of the delivery of modern health and care services. To address the risks posed to cyber security, there are a number of important considerations for healthcare organisations.
Article 2022-08-17
In its latest move to ensure that syndicates are appropriately addressing cyber exposures, Lloyd’s issued on August 16, 2022 Market Bulletin Y5381 -- “State backed cyber-attack exclusion” -- to require “legally reviewed” and “sufficiently robust” wordings in cyber policies to address both war and non-war state backed cyber-attacks. Lloyd’s noted that “exposure to cyber-attack losses has been an area of market focus in circumstances where the losses arise from attacks sponsored by sovereign states” and announced a requirement, effective March 31, 2023, for syndicates to include a state backed cyber-attack exclusion in stand-alone cyber policies at inception or upon renewal.
Article 2022-08-02
After several years of delays the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") came into force in Thailand on 1 June 2022. Since then, on 20 June 2022, subordinate legislation (the "Notifications") under the PDPA was issued by the Personal Data Protection Committee ("PDPC") and published in the Royal Thai Government Gazette.
These Notifications are intended to set out the various criteria and rules, as well as much needed guidance and clarification, of some key requirements under the PDPA.
Article 2022-07-27
In a recent precedential decision involving electronic service to an unknown defendant, the High Court of England and Wales approved a special request to issue an interim injunction and permit service of a lawsuit via a non-fungible token (“NFT”). The case follows a similar decision in New York trial court. Both decisions raise issues as to how prevalent will NFT service become in the US and UK.
Case review 2022-07-06
In the recent case of Australian Securities and Investments Commission v RI Advice Group Pty Ltd, the Federal Court of Australia considered for the first time the cybersecurity obligations of Australian Financial Services licensees and their authorised representatives.
Article 2022-07-01
Maryland has updated its Personal Information Protection Act (“PIPA”), and while PIPA may not be considered a “comprehensive” privacy law, the revisions to PIPA enacted under House Bill 962 (“the Act” or “HB 962”) will bring some of PIPA’s provisions in line with the comprehensive data privacy laws recently enacted by a handful of other states.
Article 2022-06-27
Cyber policies provide front-line action to aim to control the crisis and regain access. This can include the appointment of forensic IT experts, expert ransom negotiators, public relations experts and lawyers. Even though the actual cyber-attack may be successfully resolved, here we explore how a cyber-attack could potentially have impacts on D&O policies.
