Cyber liability insurance provides coverage for first and third party losses arising from a breach of network security or privacy. Canadian laws, both provincial and federal, prohibit the access, use and disclosure of personal information by commercial and government entities without consent. Our firm acts as breach coach to a number of insurers who provide cyber liability insurance, and as defence counsel to insureds in connection with data security and privacy breach events. When an insured entity has sustained a breach event (i.e., by computer hack, loss, theft, employee misconduct or failure of administrative or security controls) our lawyers are engaged to direct the insured’s response to the breach in accordance with legal requirements, with the assistance of other professionals as may be required. We provide advice, direction and legal counsel across Canada regarding:
- identification and containment of the breach;
- mitigation of harm resulting from the breach;
- re-establishment of security and business systems;
- responding to government regulators including provincial and federal privacy commissioners and the Canadian Radio-Television and Telecommunications Commission regarding compliance with privacy statutes and anti-spam laws;
- breach notification to regulators and the public;
- representing insureds in proceedings before the privacy commissioners or the CRTC, including investigations, inquiries, and appeals of notices of violation; and
- defending lawsuits including class actions.
Our firm is often retained as coverage and monitoring counsel on claims involving cyber policies. We provide advice to insurers regarding coverage obligations in relation to data breach and privacy events, and represent insurers in coverage disputes with insureds and other insurers. We also routinely advise on policy wordings and amendments, including drafting and updating policy wordings, and drafting of bespoke endorsements to meet specific underwriting needs.
For those insurers for whom we act as data breach coach, we operate 1-800 numbers that insureds can call to obtain advice in relation a breach event or suspected breach event, which is monitored 24/7 to meet urgent needs.