CAYTONS LAW : Cyber Liability

The increasing use of technology by businesses and individuals gives rise to greater potential for significant financial and reputational damage in the event of data loss or security breaches for business enterprises and their clients.

We assist insurers and insurance brokers on legal issues that arise in connection with cyber liability, including drafting policy wordings, product development, and identifying potential exposures and gaps in the market place.

At Caytons Law, we are able to assist clients to better identify, manage and protect their exposure to liabilities arising from loss, damage or modification of data, unauthorised access and other data security breaches. This can include not only financial and reputational exposure, but also regulatory and other issues relevant for professionals - with a particular focus on legal professionals.

We recognise that, in the event of data loss or security breaches, clients will have important reputational and operational issues that need to be swiftly and effectively managed and addressed alongside the legal issues and exposures. In this regard, our cyber liability team is actively developing specific solutions and new products to assist clients in better management of and protection against their specific cyber liability risks and exposures.

The team has experience of advising firms and SMEs developing technological, software, websites, and other innovative solutions with a particular focus in emerging “smart city” initiatives, as well as the shared use and development of 3D, 4D and 5D design, building information, and modelling within the construction and engineering industries. This includes advising on diverse intellectual property issues and potential infringements of intellectual property rights, including trademarks and copyright.

At the direct level, we have experience of drafting and advising on website terms and conditions of use, cookie and data protection policies, and addressing exposures arising from website internet content and blogs. Philip also has experience of drafting and advising on international joint venture and distribution agreements for the use of innovative products, including software programs.

Regulatory and data protection requests for information, and electronic disclosure are other areas where we are able to assist and provide effective solutions for clients, having regard to their specific legal and regulatory obligations.

PHILIP ATKINSON

Partner

DD: +44 (0)20 7398 7613

atkinson@caytonslaw.com

Philip is involved in addressing legal issues regarding new technological and software solutions in connection with “Smart Cities” and Big Data and is a member of the BSI Smart Cities Advisory Group. He is well placed to advise insurers and reinsurers on policy issues and the creation of new products including identifying and managing potential cyber liability exposures. He has a keen interest in the outsourcing industry and cloud based solutions which can often give rise to international data protection considerations and complex conflict of laws and jurisdictional issues. Philip was actively involved in the development of ground breaking electronic reporting systems for insurer clients, and an award winning wordings database.

Philip has handled disputes involving infringement of intellectual property rights and software programs as well as other emerging technologies. His dual qualification in England and New York and time spent working in the US provides a useful insight into developments across the pond and their potential impact in an English legal context.

DAVID COPPER

Partner

DD: +44 (0)20 7398 7608

copper@caytonslaw.com

For the past 25 years, David has been a well known and respected developer of claim management and underwriting platforms, being a pioneer of Software as a Service (SaaS) in the insurance and legal sectors as far back as 1998.

David is the architect of the innovative 'Caytons Cloud' platform that provides remote access to the virtual case files as well as work-flow, KPI and MI facilities for the benefit of Cayton Law staff and clients.

David obtained a Master of Science degree in Information Technology from the University of Liverpool.

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