This session was organised by The Oath as part of the GC Talk Series

While technology is clearly essential to virtually all businesses, it also represents one of the major sources of risk as a result of the high degree of reliance on systems and connectivity, and vulnerabilities in those systems and networks, including in the context of remote or cloud-based services. Cyber security is a top concern for general counsel in light of the ever-present threat of cybercrimes and data breaches. What are the risks and potential liabilities, and how can general counsel help to mitigate those risks within an organisation?

The session, led by James Bowden (partner) and Deniz Ghazal (knowledge manager), discussed legal issues and the General Counsel’s toolkit in dealing with cyber security and data protection, both proactive and reactive, to help manage this risk. The session primarily addressed:

• Immediate response measures to cyber attacks.

• Responsibilities for company directors/management to manage cyber risk.

• Who is potentially liable and how you can minimise your exposure in advance.

• Legal tools to prevent, mitigate and control the effects of a breach including cloud computing contracts and main clauses that must be addressed in a typical contract.