Cybersecurity and Cyber Insurance

Cybersecurity Guidelines

Cybersecurity is a significant and challenging issue for the Bar and the legal profession as a whole. To meet these challenges the Bar Association has developed Guidelines on issues arising from cybersecurity in Legal Practice which may be accessed here. 

The Cybersecurity Guidelines provide barristers with valuable guidance as to the preventative steps they should take to protect against such threats could result in significant harm, including to a barrister's clients, in the event of a cyber-attack. Such failures may, in certain circumstances, constitute a breach of the Barrister's Rules and may be unsatisfactory professional conduct or professional misconduct. 

The recommended minimum steps all NSW Barristers should taker to protect against cybersecurity threats include installing security updates and use of secure passwords and multi-factor authentication. Additional steps may also be appropriate, depending on the nature of the barrister's practice and the information and work data held. 

Barristers should consistently be thinking about what steps they can take or should take in their practice to miminise cybersecurity risk and to ensure compliance with the Barristers Rules. 

Cybersecurity Resources

Below is a list of resources on cyber security that has been collated for members to enhance members knowledge about cybersecurity risk at the Bar:

CPDs available on CPD Online

• Data and Development: The Intersection of Cybersecurity and the Law
• Liability for and management of IT and Cyber Risk
• Cybersecurity: What you need to know!
• Cybersecurity: The Critical Issues for Barristers
• The NSW Bar Association's Cybersecurity Guidelines for NSW Barristers

Bar News articles concerning cybersecurity

• 2022 Bathurst Lecture - Issues affecting company directors in relation to cyber security
• The Autumn 2024 edition of Bar News, the Technology Issue, which includes the following articles:
• Using Technology at the Bar: an overview
• Implications of the proposed Cyber Incident Review Board

Cyber insurance

The Bar Association has been liaising extensively with insurance brokers with a view to explaining how barristers operate so that bespoke cyber insurance policies can be designed for the unique needs of barristers and the onboarding process can be simplified to make obtaining cyber insurance as streamlined as possible. 

Recommendation: the Association recommends that barristers make enquiries with their chambers if any insurance policies are in place which include coverage for individual barristers when assessing their insurance needs.