It is not an understatement to say that the single current biggest challenge affecting any commercial situation is the addition of risks, rights and obligations connected to developments in cyber law. The all embracing nature of the advent of the digital age in commercial transactions and disputes, has added a layer of complexity to even the most apparently straightforward matters. It is now as important to consider the means of dealing with the security of information and the privacy of data, as it is to consider any other factor. Further, with the advent of widespread changes to data regulation and far reaching sanctions, no one going into any form of commercial transaction can ignore the “cyber “ element.
It is the view of 36 Commercial that cyber litigation is going to be a huge growth area. Recent decisions both at first instance and in the Court of Appeal have recognised that the remedies available to those apparently wronged by misuse of confidential information and copyright, need to be novel and proactive. By the same token, those who are the subject of these actions need to be fully aware of the limits of their obligations, particularly at the interlocutory stage.
36 Commercial believe very strongly that expertise and experience in this field is the key to getting best advice. These are new and developing areas with new and developing jurisprudence. The key is giving timely , effective, focussed assistance with a view to limiting the damage in what will inevitably be, a fast moving situation.
As well as having the author of the leading textbook on cyber security in chambers, members have expertise in the following areas
- Advising on the commercial and regulatory aspects of a data breach
- Actions to be taken in seeking and responding to the grant of interlocutory relief in “cyber” cases
- Advising on the requirements of the General Data Protection Regulation
- Advising on the effectiveness of software systems in respect of resistance to attack
- The consequences of employees stealing commercially sensitive data and the redress available
- The effectiveness of warranty protection regarding data health in takeover activity
- The effect of data health on the ongoing trading position of the entity and its preparedness for regulatory inspection
The perception that cyber law is simply an area which can be grafted on to general commercial advice is, in our view, outdated, and the consequences of failing to obtain specialist advice can often lead to life threatening consequences for the corporate.
36 Commercial’s barristers are regularly instructed as advocates in complex commercial, corporate and international litigation, and appellate cases in the English and overseas courts. We have particular expertise in contract disputes, including those with a cross-border or multi-jurisdictional element. Our technology practitioners are regarded as leaders in their field for privacy injunctions, the misuse of technology, passing off, ‘cybercrime’, identity theft, reputation protection/misuse of image rights, and associated damages claims.
With over 140 barristers, mediators and arbitrators (including 18 Queen's Counsel, 3 Senior Counsel from Ireland and South Africa, and a Senior Advocate of the Supreme Court of India), as well as operations in Singapore and Hong Kong, The 36 Group a truly international multi-specialist set. We are uniquely placed to provide advice and representation on technology matters before English and international courts at all levels.