In today’s “big data” economy, businesses hold enormous amounts of sensitive information, exposing them to reputational risks and litigation if a data breach or cyber-attack occurs. Even the most prepared and proactive companies may be at risk, not only from external threats, but also from accidental, or intentional, internal sources.
Recent high-profile incidents demonstrate the potentially devastating financial and reputational effects of a data breach or cyber-attack on an enterprise, its officers, directors, employees and shareholders. While there may be immediate procedural, technical and physical costs to containing and managing such an issue, the long-term costs of a depreciated brand and diminished customer loyalty are immeasurable.
Our litigators have expertise in cybersecurity and data breach response and litigation and are backed by the broader Blakes Cybersecurity group, a multidisciplinary group of lawyers with significant technology, regulatory, privacy, media, employment, financial services and class action defence expertise. We provide our clients with strategic and expedient advice on the complex and interrelated legal, technical and compliance aspects of data security issue.
Rapid Response and Post-Breach Crisis Management
Our lawyers offer experienced counsel in data breach and cybersecurity crisis management. We advise clients on containing and handling the aftermath of a breach, with specific focus on mitigating reputational harm and potential litigation. Working with subject matter experts within Blakes and other external advisers, we provide advice on
- Legally required notice under provincial privacy laws and health privacy legislation (federal legislation is pending)
- Voluntary notification and disclosure
- Conducting internal investigations and managing investigations by law enforcement or regulators
- Public relations and media management
- Responding to allegations of misuse of data
- Management of consumer concerns
- Improvement of privacy, data use, breach response policies and procedures, communications and training
Data breaches are increasing globally. Our lawyers have the expertise to defend class actions, coordinate efficiently with U.S. and other foreign counsel, as well as handle other litigation that may be commenced.