Reviewing a cyber insurance policy before purchase, or supporting a claim after an incident.
Federal privacy law requires breaches that create a real risk of significant harm to be reported as soon as feasible; contact a lawyer and your insurer right away. Ontario Done by an Ontario lawyer, by referral
What is included
Coordinates the response with your IT, forensic and insurance contacts
Assesses whether there is a real risk of significant harm
Prepares reports to privacy commissioners and notices to people affected
Advises on ransom demands, police involvement and insurer notice
Helps keep the breach records the law requires
What is not included
Technical security testing, forensics or IT services
Regulator or court proceedings not covered by the lawyer's written retainer
Advice from foreign counsel where laws outside Canada apply
Who this service is for
Organizations hit by ransomware or a data breach
Organizations that lost or misdirected personal information
Policyholders making a cyber insurance claim
Information to have ready
1What happened and when you found out
2What information and which people may be affected
3Your cyber insurance policy
4Contacts for your IT and forensic providers
How a referral works
1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
Lawyers usually charge $350–$750/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Does every breach have to be reported?+
Not every breach must be reported. Under federal law, breaches creating a real risk of significant harm must be reported to the Privacy Commissioner of Canada and the people affected, and every breach must be recorded.
Should an organization pay a ransom?+
That is a business decision with legal risks, including sanctions laws and insurer requirements. Get legal advice and tell your insurer before deciding.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
No outcome can be guaranteed
Compliance depends on how the organization actually follows its policies
The lawyer confirms the scope, fee and steps in a written retainer before starting