Latest in cyber, privacy and data security – November

November has already been a busy month for Australian cyber developments, with some important judgments, OAIC actions and media releases published. We will provide a more comprehensive analysis of the below and other recent developments in our upcoming Cyber + Technology Bulletin.     OAIC takes legal action against Australian Clinical Labs for data breach […]

The rise of data breach class actions: legal trends and implications

At a glance Class actions following large-scale data breaches have been filed for the first time in Australia, adding a further layer of complexity to the management of cyber incidents. There are potential obstacles to the success of such class actions, and it is not yet clear if they will be a viable (or best) […]

Government releases response to Privacy Act Review Report

The Australian Government’s response to the Privacy Act Review Report (which was released on 16 February 2023, and set out 116 privacy reform proposals for public consultation) has been released today. The response paper agrees in principle to many of the report proposals, and sets out 5 key areas with which the Government agrees: Bring […]

NZ Insurance Market Trends Update 2023

We are pleased to share our latest edition of NZ Insurance Market Trends Update. Our annual report explores legal and claims trends, legislative and regulatory developments and significant recent decisions that impact insurers, underwriters, brokers and corporates operating in the New Zealand insurance market. Our report includes more than 30 articles that look at trends, […]

Cyber, Tech and Data Risk Report – Issue 5, April 2023

We are delighted to publish Issue 5 of our Cyber, Tech and Data Risk Report, which is our first wrap up of relevant news for 2023 for insurers, brokers and their customers doing business in Australia and New Zealand in the cyber, tech and data fields. In this month’s report, we look at a range […]

Get to know Nicole Gabryk, new partner and cyber insurance specialist

In our latest Q&A with our recently appointed partners, we get to know Sydney-based cyber and technology specialist, Nicole Gabryk, a key member of W+K’s Cyber, Privacy & Data Security team. Tell us about your journey to becoming a partner at Wotton + Kearney. I moved from South Africa to Australia in late 2021 and […]

The IT professionals claims landscape in 2023

Claims against IT professionals following cyber events continue to be on the rise. Businesses including managed services providers (MSPs) and cloud services providers (CSPs) that are responsible for hosting data on behalf of their clients continue to be common targets for cyber criminals. While MSPs and CSPs are not always the direct victims of a […]

Recent NSWCA decision highlights cost of IT liability risk

Renown Corporation Pty Ltd v SEMF Pty Ltd [2022] NSWCA 233 A recent NSW Court of Appeal (NSWCA) decision, Renown, highlights the potential for IT providers that breach supply and installation contracts – and their insurers – to end up paying out higher damages awards. Notably, the NSWCA found that the proper measure of damages […]

Cyber, Tech and Data Risk Report – Issue 4, December 2022

We are delighted to publish Issue 4 of our Cyber, Tech and Data Risk Report, which is our final wrap-up of relevant news for insurers, brokers and their customers doing business in Australia and New Zealand in the cyber, tech and data fields for the year. In this month’s report, we look at a range […]

Navigating the high cost of data breaches in the new cyber legal landscape

Recent major cyber incidents and associated data breaches in Australia, particularly those involving Optus and Medibank, have triggered a maelstrom of breach, policy and legislative developments. The Australian Government has taken swift legislative action to increase the consequences of data breaches by amending the Privacy Act 1988 (Cth), and has indicated there will be an […]