Cyberattacks are increasing every year and they’re becoming more complex. That’s why we believe all organisations need to be prepared. Understanding how your insurance policy can help in the event of an attack and who to turn to for immediate support is critical.
When you’re in the midst of a potential breach, it can be difficult to know what to do for the best and easy to make mistakes that can further compromise your organization. That’s where we come in.
The two most important things to do immediately are:
• Contact the Brit 24-hour breach response service
• Report the claim or potential claim in writing – please refer to your policy for the claims notification email address
The most convenient way to do this is via our app. It’s quick and simple and saves time locating insurance documents.
breach response process
Our team guides clients through the process and the range of skilled experts and services available to them, including forensic accountants, digital forensics, PR, and Breach Counsel.
Our Breach Counsel and digital forensics teams provide a completely independent view – working on behalf of, and in the best interests of the insured client.
A Client who instructs digital forensics themselves, without a breach counsel engaged, results in the instruction not being subject to legal privilege, and therefore the information is open to a third-party law firm.
Our breach response experts will work collaboratively with in-house IT teams but independence is crucial. Letting an external team handle things also mitigates the risk that an insider is involved in the attack.
The objectivity offered by these services is vital to the client if it comes to litigation at a later stage.
Breach Counsel’s role is to protect the client and enjoy attorney-client privilege – to make sure our clients are protected and that our clients have the best advice at their fingertips.
A good way to describe Breach Counsel’s role is that they are the quarterback in your response team. They act as the linchpin for the entire breach response. They advise clients on their obligations under privacy laws in the relevant territories. They also coordinate specialist services most suited to the client, their industry, and the circumstances of the breach.
Importantly, they look over every aspect of the incident and make sure the client is protected from litigation – making sure the client doesn’t act in a way that could cause damage to them later. For example, third-party litigation firms may try to get information on the breach, or a major client of the insured may demand to know what’s happened.
Breach Counsel protects their client’s interests only. It means they can’t share any information with third parties. They are completely independent. Much of the information they have isn’t even shared with the Brit claims team, except notice of the potential claim and limited details of the circumstances.
Often one of the first teams to get involved, especially in a live attack, they’ll try to see if there’s a way to restore your system from backup files. They are skilled at identifying the attack path taken by the threat actor and assessing whether they are a credible threat.
ransom response process
We always bear in mind our and the insured’s obligations to ensure negotiations don’t proceed with a sanctioned organisation. In the US, your Counsel will also advise the relevant law enforcement bodies.
Crisis response services are set up in a similar way to call centers. They’ll contact individuals whose data has been compromised in a breach to explain why they’re being contacted and offer credit monitoring services to check if their data has been used.
One client suffered a ransomware ’double hit’ in the same attack. Hackers installed malware and encrypted their system so it couldn’t be used. In the meantime, they also took a copy of the data and uploaded it to an FTP site (File Transfer Protocol site). The hackers demanded payment for the decryption key and another payment to remove the copied data from the FTP site.
Another client found a website identical to their own with one small but significant difference – a slightly different homepage address. It was an early attempt to create a website that could harvest passwords and personal or financial data from unsuspecting clients. Our Breach Counsel – appointed via our 24-hour breach response team - was able to walk our client through the potential situations that could occur and help to get the website taken down. It meant that they were able to prevent a breach from happening.
It’s easy to think that these things will never happen to you, but at Brit we frequently see the impact and disruption such attacks can have. We make sure we learn from these experiences to help our clients get ahead of potential issues. Sometimes, we can even stop an attack before it happens.
Brit clients have access to the DataSafe risk management platform and a virtual CISO service to help them navigate the cyber threat landscape and put measures in place to help prevent an attack.