Cyber Insurance, Privacy and Data Security Newsletter - December 2017

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Cyber Insurance, Privacy and Data Security Newsletter - December 2017

Published 22 December 2017

As you may know, DAC Beachcroft recently launched Personal Data: the new oil and its toxic legacy under the General Data Protection Regulation. This unique report, incorporating contributions from data protection experts across all 28 EU Member States, offers insight into which European countries will face the greatest changes as a result of the GDPR, and reveals that over 80% of countries expect compensation claims for data protection breaches to increase from May 2018.

Clients have commented that the report "is clear, easy to read, and thorough" and raises "interesting issues that haven't been heard before".

If you would like more information on the implications for your organisation please contact Hans Allnutt or Rhiannon Webster.

Art 29 Working Party guidance summary

The EU's Art 29 Data Protection Working Party recently published draft guidelines on administrative fines and personal data breach notification under the General Data Protection Act (GDPR). The aim of the guidelines is to ensure consistent levels of protection on personal data throughout the EU and help controllers and processors prepare for the GDPR by explaining the new mandatory breach notification obligations in more detail and by providing examples of different types of breaches and who should be notified in different scenarios.

Employer held vicariously liable for employee's deliberate data breach

The decision was described by the judge as having "the possibility of eye-watering liability" for employers; even where employers adopt processes and systems to comply with the stringent data protection legislation, they may still be exposed if (unbeknown to them) they have a rogue employee who deliberately misuses the employer's data.

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New Cyber Protocol Rules in New York

The New York Department of Financial Services ("NYDFS"), which is responsible for the regulation of banks, insurers and other financial institutions that do business in New York, is a leader in the United States in putting more responsibility for cybersecurity on the entities it regulates and their respective directors and officers.

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Cyber Threat Advisory Summary

NCC Group malware researchers recently published a blog post outlining the technical details of a recently identified Trojan, known as Volgmer, created by the Hidden Cobra/ Lazarus group which is assessed to be closely linked to the North Korean state. 

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ThreatInformer

According to Bloomberg, Uber suffered a major data breach in October 2016 when hackers discovered developers had published usernames and passwords into a publically available computer code repository - Github. The credentials gave the attackers instant access to Uber data stores containing troves of sensitive customer and driver information.

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Authors

Hans Allnutt

Hans Allnutt

London - Walbrook

+44 (0) 20 7894 6925

Rhiannon Webster

Rhiannon Webster

London - Walbrook

+44 (0)20 7894 6577

Patrick Hill

Patrick Hill

London - Walbrook

+44 (0)20 7894 6930

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