Canadian Lawyer

September 2018

The most widely read magazine for Canadian lawyers

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Cyber risk – is your law firm protected? CYBER COVERAGE INCLUDED in Lawyers Financial Office Insurance NOT-FOR-PROFIT. ALL FOR LAWYERS. lawyersfinancial.ca Lawyers financial products and plans are sponsored by the Canadian Bar Insurance Association (CBIA). Lawyers Financial is a trademark of CBIA. Lawyers Financial Office Insurance Program is underwritten by Arch Insurance Canada Ltd. Sponsored by a breach of information secu- rity can result in the use of that information for fraud, identity theft, extortion against the law firm, and defamation. Sharing of that information over social media sites may result in breach of privacy or provide further access into the law firm's private records. Simply being accused of a cyber-breach can negatively impact a law firm and its law- yers both professionally and financially. Losing control of confidential information can quickly undermine a firm's reputation, destroying clients' and public trust. Ignorance can be expensive Often, firms assume that since cyber liability is a form of theft, they are covered by the theft and criminal activity coverage in their existing policies. Unfor- tunately, this is not the case and this misunderstanding has left firms responsible for resulting expenses related to cyber liabil- ity. These costs can include the management of the incident, the investigation of the cause, legal costs, regulatory fines, third party damages and costs associated with the mandatory notification to affected parties. What to look for in coverage Policies vary but should include coverage for expenses incurred as a direct or indirect result of a breach of privacy, includ- ing legal and public relations expenses, cyber extortion, and business interruption. E ssentially, cyber risk means any risk of financial loss, business disruption or damage to the reputation of a law firm from some form of failure of information technology systems. Law firms are targets Law firms are attractive targets to hackers due to their vast repositories of sensitive data, often con- taining clients' most intimate personal and business details. Most law firms do not view themselves as being potential targets and therefore, their IT- security defences are low, making them easy prey for cyber criminals. The consequences Confidential information that may be obtained during

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