Cyber, Privacy & Data Protection

What HR policies does your organisation have in place to mitigate the risk of a cyber attack occurring?  As an example, does your organisation restrict how material can be brought into the network, such as via a USB stick, the use of Dropbox or similar?

What insurance regimes does your organisation hold and how do those insurance regimes sit with:

• Any contractual allocation of risk
• The indemnification against any loss which might be incurred?
• The law?

We often see insurance clauses or risk allocation clauses which:

• Negate any insurance cover taken out by a client.
• Transfer risk to a counterparty in circumstances where it is likely the benefit of that risk transference will be illusory because it will strike down the counterparty’s insurance policy.
• Contain inappropriate dispute resolution clauses which are too complex and expensive.

An understanding of your insurance requirements can both ameliorate the risk of loss and also have beneficial outcomes for obtaining insurance on favourable terms.  Lavan can conduct general contract reviews in relation to cyber requirements.

Our Cyber, Privacy & Data Protection team has represented some of Western Australia’s largest and most reputable organisations. We have also acted on some of Western Australia’s most high profile intellectual property (IP) matters.  The team advises on issues associated with the use of electronic commerce. These issues include privacy, use of data, copyright issues regarding websites and use of blockchain technology in commercial contracts.

Our Cyber, Privacy & Data Protection team can assist you to protect against a cyber attack by:

• Identification of your organisation’s assets which require protection.
• Drafting contractual agreements which include provisions for cyber risk.
• Allocation of the obligations for the protection of data and the distribution of risk.
• Alignment of contractual arrangements with the law.

What arrangements does your organisation have for the storing of data externally? Storage on a cloud must be done in a manner which complies with contractual and Privacy Act obligations. There must be proper agreements in place to protect against liability.

Cyber security and data protection is a growing area of liability for organisations. The risk of breach is very real Lavan has developed a specialised focus in the area of cyber security and data protection. We have worked with organisations to advise and develop privacy policies, governance manuals and training for staff. All organisations with a turnover (not profit) of three million dollars are subject to the Privacy Act. The Privacy Act has been revamped quite considerably to bring it into the electronic world.

Organisations are now required to have an understanding of the Privacy Act, to have privacy policies and to have means in place to deal with compliance and issues that might arise under the Act as well as to make various changes to their existing Privacy Act regimes, and to put into place response plans for the contingency that there is a breach.