Newsletter

Sign up now

[mc4wp_form id=”304″]

 

 

Catch up on the latest edition of Law Talk:

June 2016

Member news updates »

Press releases »

Statement from the Cayman Islands Law Society and the Caymanian Bar Association regarding Cayman’s position on illegal data hacks

The Cayman Islands has modern, internationally accepted legislation providing for computer misuse offences and data protection. Such legislation is modelled on UK and/or EU legislation to protect against such illegal acts, and to ensure that appropriate criminal, civil and regulatory remedies are available to counter them.

 

For many years the Cayman Islands has had robust legislative measures to enable the police to investigate, and the authorities to prosecute, computer hackers and others who seek unauthorised access to other people’s computer systems.

 

The Computer Misuse Law (2015 Revision) (the “CML”) is modelled on the UK’s Computer Misuse Act and creates a number of computer-hacking and related offences. The provisions of the CML are extra-territorial, such that a person who commits an offence from outside of the Cayman Islands in respect of computer systems in the Cayman Islands may be prosecuted here.

 

The Data Protection Law, 2017 (the “DPL”) has been enacted and will come into force in January 2019, after EU’s General Data Protection Regulation (“GDPR”) comes into EU law. The DPL has drawn from various EU jurisdictions’ legislation, as well as the GDPR, to conform to the data protection standards set by the EU.

 

It will be an offence under the DPL to obtain or disclose personal data without the consent of the party controlling the data, and it will be separate offence to offer to sell data obtained illegally.

 

An offence under the CML or the DPL could also form a predicate offence under the Proceeds of Crime Law (2017 Revision) (“POCL”) where proceeds (e.g. fees for selling stolen information) derived from the criminal conduct. Third party acquirers of the information could also be subject to inchoate offences under POCL; e.g. aiding, abetting or conspiring with another to commit the offence.

 

Additionally, victims who have been subject to unauthorised access to their computer systems and misuse of information obtained are also able to bring civil actions in the Cayman Islands, including for breach of confidence. Victims may also obtain injunctions to restrain further unauthorised disclosures and seek appropriate damages.

Statement from the Cayman Islands Law Society and the Caymanian Bar Association regarding Requests for Copies of Writs and other originating processes filed at the Grand Court

“The Cayman Islands Law Society and the Caymanian Bar Association welcomes the clarification issued on Wednesday 26 April 2017 by the Clerk of the Court regarding Requests for Copies of Writs and other originating processes filed at the Grand Court.  Read more about “Statement from the Cayman Islands Law Society and the Caymanian Bar Association regarding Requests for Copies of Writs and other originating processes filed at the Grand Court” »

Events »

CBA Spring Seminar Series – Human Rights

The CBA’s Spring Seminar Series on Human Rights will be presented by Mr. Nicholas Dixey of Nelson & Co and is entitled:
“Human Rights – A Matter of Life and Death – An Introduction to human rights discourse in respect of capital punishment, euthanasia, and abortion”.

We invite all members of the CILS (and any others persons interested) to attend and join us for light refreshments following the conclusion of the lecture.
You are encouraged to submit any complex questions ahead of time for the presenter’s consideration to yk.gr1516673475o.rab1516673475namya1516673475c@ofn1516673475i1516673475

*Spaces are limited*

Date: Wednesday, 10 May 2017
Venue: Truman Bodden Law School
Time: 5:35 pm- 6:30 pm (with registration to commence at 5:25 pm)

If you are interested in attending, please send your RSVP for this Seminar to yk.gr1516673475o.rab1516673475namya1516673475c@ofn1516673475i1516673475.

Awards and accolades »

In the community »

Industry News »

Member firm promotions »

Partner promotions »

Training and education »

HSM IP participates in CIFEC Career Fair

HSM IP participated in the Cayman Islands Further Education Centre Career Fair on Sept. 15 and 16. HSM was actively looking to recruit 12 students to join its 2016/17 internship program. Managing Partner Huw Moses and IP Associate Sophie Davies were on hand to speak with students about a career in the legal profession, especially in intellectual property. Read more about “HSM IP participates in CIFEC Career Fair” »