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Report 2023-01-30
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Article 2023-01-09
On December 27, 2022, the Supreme Court of Ohio unanimously ruled that a businessowners property insurance policy issued by Owners Insurance Co. (Owners) to EMOI Services, LLC (EMOI) did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage’.
Article 2022-12-08
As previously reported, on November 3, 2022, the federal district court for Minnesota, applying Minnesota substantive law, ruled that an insured was entitled to coverage under a Cyber Business Interruption clause for money lost in a fraudulent wire transfer incident.
Article 2022-11-01
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.
Article 2022-10-27
The UK’s data protection regulator, the Information Commissioner’s Office (ICO), recently published details of its most recent monetary penalty notice. This latest notice imposes a penalty of £4.4 million on construction and outsourcing firm, Interserve Group Limited arising from a cyber-attack in 2020. Here, we look at what businesses can learn from the notice and what it reveals about the ICO’s enforcement strategy.
Article 2022-10-06
The global cyber team at Kennedys has seen a growing trend in data breaches arising from the bypassing of MFA by cybercriminals. In this article, we share what we have seen so far, detail the potential repercussions, and provide recommendations on how best to avoid falling victim to this latest trend.
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.
