Blakes’ recently published a brief highlighting the importance of being mindful of solicitor-client privilege during the course of dealing with a data breach.
“When your organization is addressing a cyber-attack or other data breach, protecting privilege is crucial. In the aftermath of a data breach, events can move very quickly. However, appropriate steps should be taken to ensure that the privileged and confidential documents generated in your breach investigation and response stay that way. Shortcuts taken for expediency’s sake can lead to problems later, particularly in the event of litigation. Protecting privilege is important to preserve the confidentiality of your discussions with counsel and other documents generated in your breach response, to guard against the risk of such materials being producible in future litigation.“
More importantly, the brief offers the firm’s top five tips for protecting privilege in the event of a data breach. Go here to read the full brief from Blakes and to see these tips.
And here’s a tip from In-house & Home, if your organization does not have data breach or cyber insurance, go get a policy ASAP. If your organization already has cyber insurance and it has been a while since you spoke with your broker or provider, then you would be wise to reach out to them to evaluate whether your existing coverage is appropriate.