DWF 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 DWF 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) DWF’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.
DWF 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. DWF has also been a pioneer in developing “made in Canada” cyber policy wordings. DWF 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.