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01 June 2018 / Alison Padfield
Issue: 7795 / Categories: Features , Insurance surgery , Insurance / reinsurance
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Cyber games

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​Alison Padfield QC looks at cyber insurance in the light of the GDPR and asks: what is it, and who needs it?

  • The entry into force of the GDPR will boost the developing market for specialist cyber insurance.
  • Insurers are likely to look to control their exposure.

The General Data Protection Regulation (GDPR) entered into force in English law on 25 May 2018 amid huge publicity. The reporting obligations under the GDPR include reports of serious data breaches to the supervising authority within 72 hours (Article 33) and to affected data subjects (Article 34). The GDPR also facilitates group actions (Article 80) and increases the ceiling for fines to €10m or €20m, or 2% or 4% of total worldwide annual turnover, depending on the type of breach (Article 83). Against this background of more extensive reporting obligations and the encouragement of group actions, the volume of civil claims and the number of fines imposed by the Information Commissioner’s Office (ICO) are likely to increase. Civil claims may include not only damages for financial loss, but also for non-financial loss (‘non-material damage’) such as distress

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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