Cyber and Privacy Liability
Dolden Wallace Folick is a leader in the areas of computer network security and personal data breach litigation and related insurance issues.
It acts as breach coach to a number of insurers who provide cyber liability insurance, and as defence counsel to insureds in connection with data security and privacy breach events. For those insurers for whom Dolden Wallace Folick acts as data breach coach, it operates 1-800 numbers that insureds can call to obtain advice in relation a breach event or suspected breach event, which is monitored 24/7 to meet urgent needs. When an insured entity has sustained a breach event (i.e., by computer hack, loss, theft, employee misconduct or failure of administrative or security controls) Dolden Wallace Folick’s lawyers are engaged to direct the insured’s response to the breach in accordance with legal requirements, with the assistance of other professionals as may be required.
Dolden Wallace Folick provides advice, direction and legal counsel across Canada regarding pre-breach risk assessment, post-breach notification to regulators and affected individuals, negotiations with Privacy Commissioners, addressing CASL (Canada’s anti-spam legislation) claims before CRTC, coverage disputes regarding obligations under various policy types for cyber breach events, cross border issues in relation to cyber claims, and defence of privacy breach and CASL breach litigation, including class actions. Dolden Wallace Folick has also been a pioneer in developing “made in Canada” cyber policy wordings. Dolden Wallace Folick has addressed a wide range of coverage and defence matters involving privacy and data breach, including PIPEDA exposures, the tort of intrusion on seclusion, statutory claims under the provincial Privacy Acts, and proceedings before various Canadian privacy commissioners.
For urgent after hours assistance regarding our cyber group, please contact cybergroup@dolden.com.
Our firm is often retained as coverage and monitoring counsel on claims involving cyber policies. We provide advice to insurers regarding coverage obligations in relation to data breach and privacy events, and represent insurers in coverage disputes with insureds and other insurers. We also routinely advise on policy wordings and amendments, including drafting and updating policy wordings, and drafting of bespoke endorsements to meet specific underwriting needs.
We provide advice, direction and legal counsel across Canada regarding:
- identification and containment of the breach;
- mitigation of harm resulting from the breach;
- re-establishment of security and business systems;
- responding to government regulators including provincial and federal privacy commissioners and the Canadian Radio-Television and Telecommunications Commission regarding compliance with privacy statutes and anti-spam laws;
- breach notification to regulators and the public;
- representing insureds in proceedings before the privacy commissioners or the CRTC, including investigations, inquiries, and appeals of notices of violation; and
- defending lawsuits including class actions.
Our People in Cyber and Privacy Liability
