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Overview

Back from the brink, let’s look at the future of litigation. As our world becomes more interconnected; cyber threats continue to infiltrate businesses. We examine how data breach litigation emerges as a new area of law to protect citizens online.

In the first of a two-part series, we look at data breach litigation as an emerging area of law. As the world evolves and changes post-COVID-19, data security breaches are likely to result in greater frequency of future litigation in Australia. Globally, we know that the unauthorized disclosure of personal data is a big issue and has been responsible for significant litigation across the US, the UK and Canada. We have already seen some major class action litigation over data breach in the US, including multiple class actions against supermarkets and financial institutions.

In the last six months of last year, there were over 500 notifications of cyber-attacks or data breach that were reported to be malicious criminal attacks in Australia alone. Cyber incidents seem to have sparked a new source of litigation. We look at the industries at the forefront of this increasingly significant problem – the health industry has been the hardest hit along with the financial sector and the Australian Federal government.

There's growing need for greater collaboration to build Australia's cyber protection defences with the Federal government supporting businesses' cyber resilience strategies to combat this ever-growing threat to society.

This session covers:

  • A deep dive into the rise of ESG –  environmental, social and corporate responsibility stemming from new and increasing regulation. Over the next 50 years, in addition to climate change, the use of big data might be the most important issue facing the global community.
  • How Covid-19 has accelerated class actions claims related to employment related issues, and how global businesses are incorporating new strategies in their compliance focus to navigate a very volatile regulatory and legal risk environment.

The webinar was hosted by Stephen Higginson, Head of Customer & Distribution for Australia and New Zealand at Swiss Re Corporate Solutions and was joined by:

  • Jason Betts – Partner, Herbert Smith Freehills

Keep an eye out next week for the second half of this series, as we explore the topic of corporate criminal responsibility and how global businesses tackle operational resilience, ESG and the increase in shareholder class action claims post pandemic.