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Published 01 February 2022

50 predictions: Construction & Engineering

We are delighted to share this month’s Data and Cyber Bulletin, with articles covering the recently published Lloyd’s cyber war risk exclusion and LMA ransomware guidance, the first Court of Appeal decision on the territorial scoping provisions of the GDPR (Soriano v Forensic News LLC & Others), and the significant rise in GDPR fines issued in 2021.\n 

We are delighted to share this month’s Data and Cyber Bulletin, with articles covering the recently published Lloyd’s cyber war risk exclusion and LMA ransomware guidance, the first Court of Appeal decision on the territorial scoping provisions of the GDPR (Soriano v Forensic News LLC & Others), and the significant rise in GDPR fines issued in 2021.Alongside this fascinating content, we discuss the recent CNIL fines issued against Google France and Facebook for cookie consent infringements.Our guest contributor this month is Mark Read from TransUnion, who discusses the importance of credit and dark web monitoring following a cyber-incident.Lloyd’s publish new war risks exclusion clauses for cyber operationsIn late December 2021, the Lloyd’s Market Association published its new war risks exclusion clauses for cyber war and state attributed cyber operations, having worked with multiple stakeholders in an attempt to provide some solutions. Julian Miller and Hans Allnutt worked with the committee that developed the clause. We share our thoughts on this important wording for the cyber underwriting world.Read moreLMA guidance to handling a ransomware claim incidentIn the wake of the surge of ransomware attacks in recent years hitting the London and international insurance markets, the Lloyd’s Market Association (LMA) in conjunction with London market insurers, brokers and industry experts, has produced a bulletin setting out guidance for handling a ransomware claim incident. Our colleagues Julian Miller and Hans Allnutt provided substantial input to the drafting of the bulletin.Read morePaying the Price for Cookie Indulgence: CNIL impose a combined €210million fine over cookie consent controlsFrench Data Protection Authority, CNIL, has started 2022 by issuing a whopping €150million fine to Google and €60million to Facebook, now Meta, for failing to implement a mechanism which allows users to reject cookies, as easily as it is to accept them. We consider the impact of the decision on the use of cookie control mechanisms which force user consent.Read moreCourt of appeal case addresses territorial application of GDPRWe consider the Court of Appeal decision in the case of, Soriano v Forensic News LLC & Others, in which they considered the territorial application of the GDPR to defendants domiciled in the USA.Read moreA Review of the 2021 Boom in GDPR FinesWe review some of the most noteworthy fines of 2021, following the 500%+ rise in total fines issued in 2021, which brought total GDPR fines to more than EUR 1 billion since implementation.Read moreHow Credit and Dark Web Monitoring Can Help in the Event of a Data BreachMark Read from TransUnion discusses the importance of credit and dark web monitoring following a cyber-incident.Read moreWe hope you enjoy this month’s newsletter.DAC Beachcroft’s Cyber Team

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