ARTICLE
29 December 2015

Rethinking cyber risk: board and director obligations in 2015 and beyond (White Paper)

M
Madgwicks

Contributor

Madgwicks Lawyers has been serving clients since 1975 with reliable legal advice, clear explanations of outcomes, and practical options. Their deep expertise helps clients navigate complex matters by providing informed decision-making. The firm prioritizes developing long-term relationships with clients locally and globally, adding value beyond legal services. With over 100 staff and expertise in key practice areas, Madgwicks is an award-winning commercial firm. As part of Meritas, they are connected to a global alliance, offering business law services in 92 countries.
Boards and directors can no longer delegate their duties without understanding and actively managing cybersecurity risks.
Australia Corporate/Commercial Law
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The World Economic Forum's Global Risks 2015 report included a worldwide warning to all companies: 90% of companies worldwide recognize they are insufficiently prepared to protect themselves against [cyber attacks].

What many directors and company secretaries fail to realise is that the foundation of effective cyber risk awareness is just a matter of good corporate governance. With mandatory data breach reporting now almost inevitable in Australia and already in place in the United States and some parts of Europe, it is no longer appropriate to push responsibility for cyber compliance on to an IT department or technology provider.

Boards can no longer delegate their duties without understanding and actively managing the real risks associated with cybersecurity.

While we are yet to see an Australian cyber breach that takes directors to court, changes to the Privacy Act 1988 (Cth) as well as an increasing "cyber awareness" from regulators such as the Australian Securities & Investments Commission (ASIC) and Australian Prudential Regulation Authority (APRA), firmly place cyber risk issues on the agenda for directors and officers.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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ARTICLE
29 December 2015

Rethinking cyber risk: board and director obligations in 2015 and beyond (White Paper)

Australia Corporate/Commercial Law

Contributor

Madgwicks Lawyers has been serving clients since 1975 with reliable legal advice, clear explanations of outcomes, and practical options. Their deep expertise helps clients navigate complex matters by providing informed decision-making. The firm prioritizes developing long-term relationships with clients locally and globally, adding value beyond legal services. With over 100 staff and expertise in key practice areas, Madgwicks is an award-winning commercial firm. As part of Meritas, they are connected to a global alliance, offering business law services in 92 countries.
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