Canada: Data Protection And Cyber Risk Issues In Arbitration Dealing With Regulation, Cyber-Attacks And Hacked Evidence (Mondaq)

Mondaq, September 19, 2019

Canada: Data Protection And Cyber Risk Issues In Arbitration Dealing With Regulation, Cyber-Attacks And Hacked Evidence

“The attack on the PCA illustrates the risk faced by arbitral institutions. Parties in arbitration can be called upon to disclose sensitive material to prove their case. While in many jurisdictions, it is assumed that the arbitration will be cloaked in confidentiality, cyber-attacks have the potential to seriously undermine the confidentiality of the arbitral process. The arbitral community is responding to this risk. The most prominent example is the draft Cybersecurity Protocol for International Arbitration publish by the ICCA, the New York City Bar Association and the CPR Institute last year.”

Read more