Resources
Mitigating the risks of, and responding to, cyber security incidents.
The scale and frequency of data breaches and cyber attacks suffered by UK organisations are quite staggering.
Data breaches can occur in a variety of ways from theft or loss of devices, to employee misuse or human error. As cybercriminals become increasingly sophisticated and geopolitical instability remains, all UK businesses are potentially at risk from cyberattacks. Indeed, cyber attacks don’t have to come from organised cyber criminals - in fact, threats very often come internally from disaffected or departing employees.
There is no room for complacency for any organisation - mitigating the risks of a data breach or cyber attack, and ensuring that your business knows what to do should it become a victim, are fundamental.
Let us help
At Burness Paull, we understand how challenging and disruptive data compromises can be to businesses and the consequences that can flow from them. Whatever the nature, size or stage of the issue, we can help clients to manage data breaches or cyber security attacks or better still, work with them on preventative strategies to mitigate the risk of them occurring.
Our cyber security and data breach team has first hand experience of dealing with a wide range of data issues, from large scale cyber attacks to internal data losses resulting from employee actions. We understand the potential issues and how to deal with them quickly, practically and sensitively to ensure that the client’s legal, commercial and reputational interests are protected at every stage.
Burness Paull’s cross-practice cyber security and data breach team has wide-ranging experience across numerous practice areas, covering all the elements that a response to a data issue may require, including expertise in investigations, IP, commercial contracts, employment, public relations and follow-on litigation including class actions (also known as group claims in Scotland). We are also experienced at working alongside third parties providing specialist services, including forensic IT teams, counsel and PR advisers.
Key Contacts
Hazel Moffat
Partner
Public Law
Hazel is head of our Public Law and Regulatory division, and has represented clients including the Scottish, UK and EU Governments.
David Goodbrand
Partner
Commercial Contracts
David specialises in advising clients on outsourcing arrangements, IP licensing, complex commercial contracts, fintech and the use of information.
Colin Hulme
Partner
Intellectual Property
Colin is head of IP, he is the only IP litigator in Scotland with a Band 1 ranking in Chambers UK and in the Legal 500 Hall of Fame.
Lynne Gray
Partner
Health & Safety
Lynne handles contentious and non-contentious regulatory compliance issues, helping clients every step of the way.
Joanna Fulton
Partner
Product Liability
Joanna has a particular focus on product liability and product safety matters, leading our Chambers UK band 1 ranked product liability team.
Nick Warrillow
Director
Dispute Resolution
Nick has experience of advising individuals, corporates and financial institutions in connection with a range of complex and high-value disputes.
What we do
Before a data breach or cyber attack:
We will work with clients to mitigate their risk of suffering data compromises, including:
- Risk assess their vulnerability to a data breach or cyber-attack
- Review and strengthen their cyber security software and protections, incident response plans, and internal training programme
- Advise on their cyber insurance policy & commercial contracts
During a data breach or cyber attack:
We will work with clients to manage the various stages of their response, including:
- Discovery: work to identify the breach and implement the incident response plans
- Triage: identify the nature and scale of the breach
- Analysis: assess the effect and impact of the breach, identify the root cause and determine how to eradicate the cause of the breach, the vulnerabilities that led to the breach and remediatory steps
- Notification: assess who should be notified and agree on a strategy for engagement with relevant third parties, including data subjects, insurers, commercial partners, regulators and law enforcement
- Remediation: contain and end the threat, repair any damage and restore operational systems
After a data breach or cyber attack:
We will work with clients to manage the after-effects of a data compromise, including:
- Follow-on issues: advice on any potential follow-on technology, IP or data misuse issues, legal claims or commercial contract issues
- Prevention: work to reassess their vulnerability to further data compromises and mitigate the risk of further issues arising in the future
Related Practices
Dispute Resolution
Whatever the UK or international dispute, we’ve got what it takes to resolve it.
Intellectual Property
Safeguarding the intellectual property of iconic brands globally.
Commercial Contracts
Ensuring your commercial requirements are met. The devil is in the detail.
Employment
For us employment law is elementary. It’s our chemistry with clients that defines us.
Class Actions
Class actions are a serious risk for any consumer-facing business.
Related News, Insights & Events
Data law reform: is your business ready for a new data landscape?
The Data (Use and Access) Bill (the “DUA Bill”) was introduced on 23 October 2024.
Managing DSARs in the energy sector
The energy sector has seen a rise in the number of contentious DSARs it is having to manage.
ICO fine the PSNI: A reminder that the public sector should not be complacent
Learn how public sector organisations can protect data, prevent breaches and respond effectively.