Implications for ATE insurance after data breach ‘privacy’ claim struck out

David Barker of Pinsent Masons writes:

Many of the growing number of data protection-related claims being filed against businesses to have fallen victim to cyber attacks are being brought not just under data protection legislation but also in the alternative as claims for breach of confidence or misuse of private information.

A recent ruling should give businesses confidence that they can successfully apply to have those additional causes of action struck out. The case also has wider ramifications in relation to the recoverability of “after the event” (ATE) adverse costs insurance premiums and may therefore affect commercial viability of such claims for claimants.

Read more on Out-Law.  The case is Warren v. DSG.

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