Effective November 1, 2018 the Federal Government adopted Canada-wide statutory breach notification requirements. This session will discuss the practical steps you need to undertake if there is snooping or exfiltration of personally identifiable information or personally identifiable health information.

Using recent claims examples this presentation will discuss:

• on-the-ground issues you need to deal with including jurisdictional differences from province to province
• what if you get it wrong as to whether there is a real risk of significant harm?
• the insured’s requirement to maintain a breach log and how that can be used for underwriting purposes
• the cost of forensics, data restoration, the ransomware demand and cyber breach coach costs from six recent claims.

The presentation will also examine 10 recent cases where decisions by judges carry practical and legal implications for property and liability insurers. Most of these cases involved a tension between commonly used London wordings and the uniform provisions of the provincial Insurance Acts. The event will conclude with a summary of ‘lessons learnt’..