Privacy and Security Risks in International Arbitration: Managing Remote Proceedings

The COVID-19 pandemic has hastened the digitalization of the arbitration process, with the most significant change being the almost universal shift to virtual hearings. When tapping into the technology that has allowed for this shift, arbitral parties and tribunals need to address the cybersecurity and data privacy risks that can arise. In this second installment of a guest article series, Bryan Cave Leighton Paisner partners Geraldine Scali and Claire Morel de Westgaver provide insight on how to mitigate the cyber and privacy risk in remote arbitrations, offer best practices for proper storage and disposal of data post-arbitration and discuss how to prepare for a breach. Part one explored the arbitration cyber-attack landscape and offered guidance on establishing an information security protocol, including protections around data sharing and transfers. See “Companywide Work From Home: Six Cybersecurity Considerations” (Mar. 25, 2020).

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