Viruses: Could your business be liable?
Published: 06 Jan 2004 10:25 GMT
Desperate times, desperate measures
The reported effects of the latest attacks were far reaching. They ranged from the shut-down of Air Canada's e-ticketing operation to severe disruption of transport services in major US cities. All businesses affected by viruses may experience significant delays in communication and consequent loss of productivity.
The volume of email generated by Sobig -- the fastest-spreading virus ever -- forced some ISPs to take their services down for a matter of hours. As a result, even organisations with adequate levels of antivirus protection experienced a significant slow-down. The scale of the problem is such that some US colleges are now reportedly threatening to fine students who inadvertently spread viruses onto campus networks.
There is no shortage of initiatives to combat the growing problem of cybercrime: in the UK the Home Office recently announced a review of its cybercrime strategy including updates to the Computer Misuse Act 1990 ("CMA"); at EU level, a new Network Security Agency is due to go live on 1 January 2004, funded by £16m over five years; and last year the OECD launched a set of information security guidelines, which were reflected in revised UK best practice standards. Whilst these measures are to be welcomed, they do not, however, provide immediate remedies for businesses left counting the cost of regular business interruptions.
What is your contractural position?
Consider a scenario where a virus attack brings the company's network to a standstill for a couple of hours, delaying a time-critical email and putting your company in breach of a key contract. Where do you stand?
If the contract is silent, can the company plead force majeure to suspend its obligations until its network is up and running again?
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