Ever since 1983’s WarGames, cyber security attacks have become a staple of blockbuster Hollywood films. The trite image of a youth in a hoodie hovering over a keyboard and threatening national security is ingrained in our collective memories. Since the internet went ‘mainstream,’ nation states, companies and individuals exist in an increasingly digitised world. We rely heavily on secure and stable IT and OT systems to lead our daily lives, to run companies and govern countries. Cyberattacks are designed to disrupt this; WarGames is now our reality.
The consequences of a cyber security attack are usually severe, from business interruption to the possible exfiltration and public disclosure of commercially sensitive and/or personal data. Regulatory action often follows, leading to fines and litigation risk. Service providers and suppliers may bring claims for breach of contract or negligence, and the UK is facing an increasing number of class action-style claims for breaches of privacy and cyber security legislation. In short, it is a legal minefield.