English High Court Clarifies Appropriate Causes Of Action In Data Claim Where Defendant Was A Victim Of Third-Party Cyber-Attack – Privacy | #cybersecurity | #cyberattack



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English High Court Clarifies Appropriate Causes Of Action In Data Claim Where Defendant Was A Victim Of Third-Party Cyber-Attack


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In the recent and significant Warren v DSG Retail
Ltd
 [2021] EWHC 2168 (QB) decision the High Court in
England clarified the limited circumstances in which claims for
breach of confidence, misuse of private information and the tort of
negligence might be advanced by individuals for compensation for
distress relating to a cyber-security breach where the proposed
defendant was itself a victim of a third-party cyber-attack. The
decision has made it harder to bring free standing/non-statutory
cyber-security breach claims in England and Wales where the
proposed defendant has not positively caused the breach, and has
also brought into question how such claims may be funded going
forward (particularly, via “After-the-Event
insurance” (“ATE
insurance”)).

Read the full post on
Proskauer’s Privacy Law blog.

English High Court Clarifies Appropriate Causes Of
Action In Data Claim Where Defendant Was A Victim Of Third-Party
Cyber-Attack

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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