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Cyber Risks Could Be Next Trigger for Director Lawsuits

LONDON, 5 March 2008 – Cyber risks could be the next big trigger for lawsuits against directors, warns Aon at today’s seminar on data management for UK companies.  Directors could be held responsible for loss to companies and their shareholders if they failed their duty of care by not taking preventative measures against risks such as phishing, improper data manipulation or data loss.

 

The threat to directors is universal across all sectors as any company utilising technology as a platform or for business support is exposed.  In particular, financial institutions need to be very concerned due to the dependence on the confidentiality of their data and the overall exposure relating to online banking. In a recent example, a clothing retailer now faces lawsuits by shareholders alleging that the company failed to prevent a hacker from obtaining details of millions of cardholders and it has already reportedly agreed to a multi-million pound settlement to banks for the same situation.

 

Tom Sheffield, technical director at Aon, commented: “In addition to concern over the subprime crisis, situations like the NHS losing patient data and HMRC mislaying over 25 million records of child benefit claimants have provoked directors to think about the next big risks they may face and they are asking us how the nature of the threat is changing.

 

“On top of the direct loss from technology abuses, there are risks to the management of companies relating to how well they protect against the attacks.  We’re warning directors that they could find themselves being sued by employees or shareholders for not taking appropriate measures to prevent hacking, for example, or failing to provide back up for lost data.  This is adding another layer of risk to directors who need to take action to protect the assets of their business against cyber crime or else face being sued. 

 

“Cyber risks are pervasive. Among the measures we are taking to respond to these changing exposures, is analysing insurance policy language to maximise the potential coverage when a cyber risk materialises.”

 

However, insurance should be perceived as the last resort. Directors must look to prevent the cyber risks in the first place by:

·         developing strong IT security defences and business continuity plans which are regularly tested;

·         heightening awareness among the board to create a security culture with all departments and employee roles.

 

Ends

PICTURE OF TOM SHEFFIELD AVAILABLE

 

For more information contact:

Alexandra Lewis

0207 882 0541

Alexandra.lewis@aon.co.uk

 

 

About Aon

Aon Corporation (NYSE:AOC) is the leading global provider of risk management services, insurance and reinsurance brokerage, human capital and management consulting. Through its 43,000 professionals worldwide, Aon readily delivers distinctive client value via innovative and effective risk management and workforce productivity solutions. Our industry-leading global resources, technical expertise and industry knowledge are delivered locally through more than 500 offices in more than 120 countries. Aon was ranked by A.M. Best as the number one global insurance brokerage in 2007 based on brokerage revenues, and voted best insurance intermediary, best reinsurance intermediary, and best employee benefits consulting firm in 2007 by the readers of Business Insurance. For more information on Aon, log onto www.aon.com.

 

This press release contains certain statements related to future results, or states our intentions, beliefs and expectations or predictions for the future which are forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from either historical or anticipated results depending on a variety of factors. Potential factors that could impact results include: general economic conditions in different countries in which we do business around the world, changes in global equity and fixed income markets that could affect the return on invested assets, fluctuations in exchange and interest rates that could influence revenue and expense, rating agency actions that could affect our ability to borrow funds, funding of our various pension plans, changes in the competitive environment, our ability to implement restructuring initiatives and other initiatives intended to yield cost savings, our ability to successfully close the sales of our Combined Insurance and Sterling Life Insurance businesses, the impact of current, pending and future regulatory and legislative actions that affect our ability to market and sell, and be reimbursed at current levels for, our Sterling subsidiary's Medicare Advantage health plans, changes in commercial property and casualty markets and commercial premium rates that could impact revenues, changes in revenues and earnings due to the elimination of contingent commissions, other uncertainties surrounding a new compensation model, the impact of investigations brought by U.S. state attorneys general, U.S. state insurance regulators, U.S. federal prosecutors, U.S. federal regulators, and regulatory authorities in the U.K. and other countries, the impact of class actions and individual lawsuits including client class actions, securities class actions, derivative actions, ERISA class actions, the impact of the analysis of practices relating to stock options, the cost of resolution of other contingent liabilities and loss contingencies, and the difference in ultimate paid claims in our underwriting companies from actuarial estimates.  Further information concerning the Company and its business, including factors that potentially could materially affect the Company's financial results, is contained in the Company's filings with the Securities and Exchange Commission.

 

Aon Limited is authorised and regulated by the Financial Services Authority in respect of insurance mediation activities only.

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