Cyber_Bytes – Issue 29 – Lexology


Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

£1m advertising costs in British Airways litigation irrecoverable

In the group litigation brought against British Airways, the Court has confirmed that the advertising costs incurred by claimant law firms to attract potential claimants were irrecoverable from the defendant.

The comments from the Court will come as some relief to defendants facing group litigation but could, subject to the upcoming Supreme Court decision in Lloyd v Google, steer claimants toward the opt-out representative class action mechanism rather than the opt-in mechanism.

To read more, please click here; RPC’s analysis of ICO enforcement can be found here

Cybersecurity – a shift to in house legal teams

A new report has suggested that cybersecurity has overtaken compliance as the most important business issue within in-house legal teams. With a shift to remote, home working, it appears that chief legal officers are increasingly being asked to take on responsibility for the organisations cybersecurity measures.

To read more, please click here

Commercial Court cracks down on crypto-fraudsters

The Commercial Court has granted permission for serving disclosure orders on two cryptocurrency exchanges and a world-wide freezing order against persons unknown in the first initial coin offering fraud case to come before it. The court also gave ground-breaking guidance on the law relating to the location and applicable jurisdiction of crypto-assets.

Judicial treatment of crypto-assets is developing rapidly and given the ever-increasing investment in crypto-assets (including, recently, by Tesla) and volatile valuation, it’s likely that crypto-cons will become increasingly common; thus making the courts’ innnovative application of existing law to give victims a remedy a welcome one.

To read RPC’s analysis, please click here

UK Cyber Security Council formed by Government

The UK government has formed the UK Cyber Security Council to govern the cyber security sector. The Council will be the UK’s first official governing body on training and standards, with a duty to establish standards and define career and learning paths for the cyber security sector. The Council will be formally launched on 31 March 2021.

To read more, please click here

Stormshield – cyber attack

A cyber security firm, Stormshield, which counts the French government among its clients, has revealed that malicious actors gained access to a technical portal used by Stormshield’s customers and partners. Approximately 200 customer accounts were affected, with personal data being accessed and viewed. The incident demonstrates that no business is off-limits.

To read more, please click here.

State based cyber threats and the future of AI

At a recent cyber AI forum, the former Director General of MI5 has outlined the risks around cyber warfare and has said that thousands of businesses are at risk of being caught in the cross hairs of state campaigns. Experts also discussed the role of AI in combatting a new era of sophisticated cyber-threats, suggesting AI may be the answer.

To read more, please click here.



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