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2025 Privacy Breach Insights

Privacy breaches are evolving rapidly, with companies facing increasing cyber threats, regulatory shifts, and legal challenges. Our 2025 Privacy Breach Insights series examines developments in the breach space in 2024 that we believe will play a key role as the year unfolds. Each part of this series provides targeted insights to help companies strengthen their breach preparedness and response strategies.

The series addresses important questions that companies should be mindful of in order to more effectively navigate the privacy breach landscape. What are the risks and key considerations when dealing with cyber threats like ransomware and social engineering? How can companies stay compliant with evolving privacy laws and regulations? Could privacy breaches lead to significant litigation risks? Have you considered all of the insurance-related challenges with respect to privacy breaches?

Our series will answer these questions and much more.

About McCarthy Tétrault’s Cyber/Data Group:

Combining a national presence and cross-practice approach across industries, our Cyber/Data Group offers a 360° view of data and cyber strategy to deliver legal and business solutions that mitigate risks and unlock value-generating potential. Our integrated multidisciplinary team works seamlessly across borders, advising global businesses through some of the largest cybersecurity incidents and regulatory investigations in Canadian history and is changing the state of Canadian privacy, cybersecurity and data law like no other firm.

McCarthy Tétrault LLP is a premier full-service Canadian law firm advising on large and complex transactions and disputes for domestic and international clients. The firm has offices in every major business center in Canada, and in New York and London. The firm’s industry-based team approach and depth of practice expertise helps our clients achieve exceptional commercial results.

Part 1: Overview of the Cyber Threat Horizon

Cyber threats persistently endanger the security and integrity of personal information managed by companies. This article delves into key external and internal threats that are currently defining the risk environment, while providing insights on strategies to mitigate these risks effectively. Read about the cyber threat horizon to proactively fortify your company's defences against a dynamic cyber risk landscape.

Part 2: Data Breach Class Actions – Key Developments and Emerging Risks

Data breach class actions in Canada are evolving. Courts in Ontario and Alberta have raised the bar for certifying data breach cases. Meanwhile, B.C. and Quebec courts are carving distinct paths with more permissive approaches. Read about the key decisions shaping these trends and what they mean for your company’s litigation risk.

Part 3: Navigating the Evolving Legislative Landscape on Privacy Breaches

The legislative landscape for privacy and cybersecurity continues to evolve, with recent federal and provincial developments imposing new compliance requirements on companies. With stricter regulations and high potential penalties, understanding these developments is crucial for protecting your company. Learn about the most recent changes to the legislative landscape to optimize your breach response strategy.

Part 4: Protecting Privilege in Privacy Breach Investigations

With complex and fast-moving breach responses, safeguarding privileged communications is crucial for companies to maintain confidentiality and navigate legal challenges effectively, particularly during privacy breach investigations. This article provides essential strategies to protect your company’s sensitive data and ensure compliance. Discover how to enhance your breach response plan.

Part 5: Cyber Insurance Trends – Navigating Coverage in an Evolving Risk Landscape

With the rise in cyber and privacy threats, understanding cyber insurance is crucial for mitigating risks. Improved underwriting standards and refined policy wording are shaping the cyber insurance market, making coverage more expensive but essential. Learn about the different coverage options, common pitfalls, and the importance of compliance with data privacy and cybersecurity best practices.