Toronto Cyber Liability Lawyers
Cyber Risk Insurance Lawyers in Ontario

Cyber Security Data Breaches Response & Mitigation
Release of Confidential Information | Breach of Privacy
Business Interruption | Online Account Cancellation
Cyber Security Breaches | Regulatory Disclosure Requirements

Business risks in the digital world can be very different from the risks faced in the physical world.

Questions arise as to coverage and defence obligations under business insurance policies including cyber first party or liability insurance, or under more traditional business insurance products such as commercial property and liability insurance, directors and officers, errors and omissions and professional liability insurance. Typical of the risks to which businesses and insureds are exposed are:

  • Hacking of computer systems and unauthorized viewing, copying, publication,  creation or release of data, confidential information including credit card, identity, health records and banking information
  • Business losses from unauthorized disclosure, theft, or vandalism of proprietary or personal customer information and data
  • Compliance with regulatory disclosure requirements
  • Damages from transference of viruses and other malware
  • Online defamation or intellectual property infringement by employees or competitors which may involve copyright, patent, or trade-mark infringement

Gilbertson Davis LLP accepts retainers for representation and advice in all of these areas.

Business Income and Interruption Losses | Online Account Cancellation

Many individuals and businesses looking to operate an online or e-commerce business turn to existing websites to provide an infrastructure for their business, including web hosting, advertising, and payment processing. This business model is used in many different industries, from vacation property rentals to selling or auctioning new and used products. Businesses reliance on these websites has led to claims for business interruption in the event that their use of the service is suspended, cancelled, or otherwise interrupted.

Release of Customer Information | Data Breaches

Collecting, storing, and using personal customer information is a necessary part of any business. Businesses must continuously balance their need to keep such information secure while also ensuring that it remains accessible to those who legitimately need it to run their business effectively. Where security measures fail, from hacking, cyberattack, virus and malware intrusion, data transfer, data theft and unauthorized use or disclosure by competitors or others, legal advice and representation, and the prompt pursuit of claims in the courts may be required, for injunctive or other urgent relief, damages and expenses.

As the amount of personal information businesses collect increases, and as privacy rights are granted broader and broader protections from legislators and courts alike, the potential risks – both financial and reputational – continue to grow. It is important that these risks are properly mitigated through a combination of effective preventative measures and competent legal representation. Mitigation of these risks is especially important for organizations which collect, use, or distribute financial or health information, such as credit bureaus, financial institutions, financial services companies, hospitals, and medical professionals, where inadvertent on non-consensual disclosure can cause even greater losses to affected individuals.

Data aggregators and other companies creating and relying upon aggregated and anonymized data must also take efforts to mitigate legal and regulatory liability where possible, including not only assessing the risk of disclosure and ensuring sufficient notice and consent has been established, but also ensuring that individuals cannot be re-identified.

At Gilbertson Davis LLP, we offer comprehensive legal services to the Insurance Industry and for self-Insured risks in connection with cyber risks and liability, and can advise businesses and insurers alike on the latest developments in this area and effectively represent them at all stages of litigation.

If you are a business whose client information has been compromised, or if you are an insured making or an insurer facing a claim under cyber first party or liability insurance, or under more traditional business insurance products such as commercial property and liability insurance, directors and officers, errors and omissions and professional liability insurance liability or business insurance policy, contact us to see how we can assist.

Regulatory Disclosure Requirements

When a breach of customer privacy occurs, regulatory bodies may impose certain disclosure requirements to affected individuals and/or the applicable regulatory body. These obligations will differ between various Canadian and international jurisdictions. In Ontario, these reporting obligations are overseen by the Information and Privacy Commissioner of Ontario (IPIC) and the Office of the Privacy Commissioner of Canada (OPC).

If you are a business whose Ontario or Canadian customers have been affected by an actual or potential privacy breach, it is important that you retain prompt legal advice and representation in order to ensure compliance with all applicable regulations.

Viruses and Malware

As companies increasingly rely on their electronic systems to transact business with customers and other businesses alike, they become increasingly exposed to the risk of losing valuable information and resources should those systems become infected with viruses or malware. There is also the increasing risk that a company may inadvertently expose others to those same viruses and malware, causing significant damage to the electronic systems of others.

While firewall and virus protection systems attempt to stay ahead of these malicious programs, no system can guarantee protection. It is important that these risks be recognized and, should such systems become compromised, insureds, companies and insurers alike should seek and receive effective legal representation.

Online Defamation and Intellectual Property Infringement

Though online and social media policies have become increasingly common for businesses, there is always the possibility that an employee may have made false statements online about a competitor, or inadvertently infringed on the copyrights or trade-marks of another.

Gilbertson Davis LLP can serve your needs with lawyers who are experienced in dealing with online defamation and intellectual property infringement claims, especially in the online environment, and can represent any business or insurer faced with such claims.

Please contact us for an initial consultation

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