Posts Tagged: "Equifax"

Cybersecurity: What You Need to Know and Do to Avoid a Breach

We are fast approaching the second anniversary of the enactment of the European Union General Data Protection Regulation (GDPR), yet businesses are still dragging their heels when it comes to cybersecurity. A recent report by insurance firm Gallagher found that 82% of UK businesses do not have specialist insurance in place to indemnify them for the cost and impact of a cyber-attack. Midsize businesses were found to be particularly exposed, with nearly half (46%) believing that cyber-attacks are “mainly an issue for bigger organisations”. Unfortunately, this isn’t true. Any business, no matter its size, can fall victim to a data breach and find itself dealing with a reputational and financial crisis.

Here’s why the Equifax lawsuit could have far-reaching consequences

To get the case off the ground, the court will decide whether Equifax can be sued in the first place – it’s tricky, because different federal circuits disagree about when this can happen. So, courts in Delaware, Illinois and Washington DC (for example) would allow the plaintiffs to proceed merely because their data is at risk after a hack. This is pretty easy to show. On the other hand though, New York, Conneticut and North Carolina would need to see not just a leak, but that the leaked data has actually been misused afterwards. Equifax HQ is in Atlanta, the 11th circuit. Although those courts have a history of recognising that difficulty (and so supporting data victim lawsuits), it hasn’t yet come down firmly on the question of risk vs misuse.