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Data breach liabilities of company directors
Journal of Data Protection & Privacy,
4
(3),
283-293
(2021)
Abstract
This paper shows that data protection falls under the fiduciary duties of board members, albeit they may not be expected to take an active part in the implementation phase; they must assure that employees are equipped with data protection and security awareness and their roles are allocated properly. It discusses how companies need to know how compliance management can be ‘reasonable, adequate, appropriate’ in practice. The first step is to know the needs of the organisation and address the risks. A simple oversight can cause material benefits, and therefore, data protection and privacy must be treated as a corporate governance issue.
Keywords: data breach; security; directors’ liability; data protection; corporate governance
The full article is available to institutions that have subscribed to the journal
Author's Biography
Steve Wright is a workplace design professional with over 35 years’ experience in the provision of corporate offices, buildings and branded environments. His previous research has focused on the interaction of people and places enabling the development of insights into productivity, performance and employee satisfaction. It is this fascination with the changing world of what constitutes an effective workplace that fuels his ambitions to quantify the value of good design beyond the aesthetic. Steve is currently part of the CoreNet Global, London Chapter, Workplace Committee alongside his role leading the design team at TTSP in London, UK. He has previously presented his views at the European CoreNet Summit and been published in CREJ, Sustain Magazine, Mix, AJ Review and Building Design.
Ezgi Pilavci is a privacy lawyer and is currently working at Privacy Culture Ltd. Ezgi completed her master’s degree in computer and communications law at Queen Mary London University, London, UK. She has double masters’ degrees in information technology law having six years of experience as an associate in a global law firm in Istanbul, Turkey. Ezgi has been involved in corporate and commercial matters, especially those focused on technology. She has much experience in drafting and revising different types of commercial contracts: SPAs, NDAs, comprehensive IT services, agreements and negotiations with the third parties. Ezgi advised multinational clients on the data protection compliance process. This includes preparing and delivering presentations on data protection principles, privacy requirements and drafting necessary legal texts: consent, policies and supported privacy impact assessment schemes.
