Month: November 2021

by Laura Spencer Laura Spencer No Comments

Continuing Professional Development (“CPD”) Webinars

Anson Evaluate are back with a brand new series of premium Continuous Professional Development (“CPD”) webinars. These webinars are available and suitable for all and will be focused on the following subject areas:

  1. Cyber security, including ransomware, targeted cyber fraud, cyber breach response and best defences.
  2. Data Protection, including data protection in the UK post Brexit, analysis of data protection enforcement by regulators, international data transfers, Data Protection Impact Assessments (“DPIA”) and data subject rights. 
  3. Social media law, including libel and business promotion.

Heather Anson, Anson Evaluate’s managing director, will be working up with Digital Law’s managing director Peter Wright to deliver these webinars to you in 3 rounds, with the first round starting on 23 November 2021.

Round 1 – Cyber Security (total of 4 webinars).

Webinar 1: Cyber Security – Ransomware:

The first recorded example of ransomware was in the late 1980’s which proves that ransomware isn’t anything new. However, over the last 3 years alone there has been a drastic rise in the number of companies who have fallen victim to ransomware attacks. Not only have such attacks become more common, they have also become a lot more sophisticated, even since the commonly known WannaCry and NotPetya attacks back in 2017. 

This webinar aims to take real life case studies as well as expert knowledge to better your companies response and defence mechanisms to such attacks. As well as this, the webinar will answer the following key questions:

  1. What are the drivers behind the growth in ransomware attacks?
  2. What should boards be doing to manage the risk from ransomware attacks?
  3. Should you feed the “beast” and pay the ransom?
  4. In the case of a ransomware breach response, who do you need to do and who do you need to notify?
  5. What counter measures and proposals have been put forward by governments and legislators around the world?

Webinar 2: Cyber Security – Targeted Cyber Fraud:            

According to official statistics from the National Cyber Security Centre (“NCSC”) in their 2021 Cyber Security Breaches Survey, the most common by far are those commonly known as phishing attacks, followed by impersonation. Both of these attacks fit into the targeted cyber fraud category.

As well as referring to real life case studies of companies/firms like yourself who have been the target of such attack, this webinar will focus on the following: 

  • The different modes of attack including email, SMS, instant messaging and social media.
  • How to spot a potentially fraudulent communication.
  • What to do if the worst happens, including law enforcement and notification.
  • The best methods of defence.

Webinar 3: Cyber Security – Cyber Breach Response:

The previous 2 webinars in this cyber security series have focused on the impact cyber security attacks can have as well as preventative measures that can be implemented to avoid such attack being successful. However, this webinar will focus on your response should the worst case scenario occur and will cover the following key points:

  • Case studies, including examples of some of the best and worst cyber breach responses.
  • What needs to be in your breach response plan.
  • Testing and simulation of your breach response plan.
  • When a cyber breach should be communicated and who with, for example, internal comms, customers, clients and wider PR.
  • Cyber liability and insurance.
  • Working with law enforcement.
  • Legal and regulatory risks and responsibilities.

Webinar 4: Cyber Security – Best Defence:

Having technical security measures and systems in place, as well as staff awareness and training, are some of the best defence measures of any cyber security attack. This webinar will look at real life case studies of companies that have managed to limit the impact of such attacks based on the strategies they have implemented, whilst also covering the following key points:

  • Cyber policies, procedures and internal governance.
  • Identifying risks and pinch points.
  • The risks associated with remote working and working from home.
  • Technical security measures and systems that can be implemented to reduce risk.
  • Insurance.
  • War games.
  • Training and assessment.

Round 2 – Data Protection (total of 4 webinars).

Webinar 1: Data Protection Regulation in the UK Post Brexit:

The General Data Protection Regulation (“GDPR”) is incorporated into UK law by the UK Data Protection Act 2018 (“DPA’18”). Consequently, the principles of GDPR still apply in the UK despite the UK’s departure from the European Union (“EU”) at the very end of 2020. This means that compliance with data protection hasn’t really changed since Brexit except for when it comes to data sharing and data transfers to and from the EU. This webinar will first summarise the UK GDPR and DPA’18, including discussing its key principles, before moving on to covering the following points:

  • The EU-UK Data Adequacy Decision from the European Commissioner.
  • The Information Commissioners Role (“ICO”) in regulation and enforcement of data protection in the UK. 
  • An introduction to Codes of Conduct.
  • UK Departure of Culture, Media and Sport consultation “Data: a new direction” and the UK National Data Strategy.

Webinar 2: International Data Transfers – EU, US and the rest of the world:

Webinar 1 focuses on data transfers to and from EU since Brexit. However, this webinar goes beyond this, discussing both transfers to and from the UK as well as the rest of the world. Therefore, this webinar will cover the following key points:

  • The implications Brexit has had on data transfers, including the EU-UK Data Adequacy decision from the European Commissioner.
  • Schrems II decision and the implications it had on the EU-US Privacy Shield.
  • An introduction to Data Transfer Agreements, including how and when they should be used, as well as what they need to contain.
  • An overview of Standard Contractual Clauses (“SCCs”), Binding Corporate Rules (“BCRs”) and Codes of Conduct.

Webinar 3: What goes into a Data Protection Impact Assessment (“DPIA”):

DPIA’s are an important part of risk assessment and analysis when it comes to launching a new business venture or simply carrying out a new processing activity. This webinar will not only discuss what a DPIA is and when it should be carried out, it will go into detail about the different topic areas that should be included in a DPIA.

The key points this webinar will cover are as follows:

  • When a DPIA should be carried out.
  • What a DPIA should include.
  • The purposes of and reasons for carrying out a DPIA, including discovery and assessment, and identifying and reducing risks.
  • Ownership and responsibility of the DPIA carried out as well as what to do with its recommendations.
  • Recommendations when it comes to the ongoing regular review and updating of your risk management system.

Webinar 4: Data Subject Rights:

Under the GDPR and DPA’18 all data subjects have a range of rights relating to the processing of their personal data. This webinar will look at each of these rights in turn before moving onto discussing how each of these rights should be responded to, including the following key points:

  • An overview of the 5 main rights a data subject has.
  • How to answer a Subject Access Request as well as the fair and reasonable use of exemptions.
  • How to ensure the right of rectification is performed correctly.
  • How to demonstrate the “right to be forgotten” in practice.
  • How and when to apply the right to data portability.
  • How to respond to a requesting for the restriction of processing.
  • Other rights regarding automated decision making including profiling.

Round 3 – Social Media Law (total of 2 webinars).

Webinar 1: Social Media Law – Libel:

Where exactly do users stand with comments they make on social media? Cases over the last decade in the UK suggest that you are not free to say absolutely anything you like. While some users fall foul of the Terms of Service operated by social media companies and find their accounts blocked, some litigants with deep pockets have taken those who have made comments that they felt were libelous to court and in many instances have won. Consequently, it is important to think carefully before posting a tweet or making a comment on Facebook but evidence suggests that this message is still not filtering through to the majority of users. This webinar will explore the law as it stands with reference to leading cases and key legislation as well as posts that have featured cases before the employment tribunal.

  • Examples of libel cases, including Arlene Foster and Christian Jessen.
  • How did we get here? – the landmark cases of The Lord McAlpine of West Green v Sally Bercow.
  • Posts and the police – Offences under The Communications Act.
  • Examples of social media posts ending up in the employment tribunal.

Webinar 2: Social Media Law – Business Promotion:

Marketing through social media remains the cheapest and easiest way to target potential customers in volume and has become a valuable promotional tool for many businesses. However, the potential legalities surrounding its use are significantly more complex than more traditional forms of marketing that used to involve advertising agencies, newspapers and tv. Cutting out the middle man advertising agent means that a business may run an advert or sponsored post that could fall foul of anything from advertising standards regulation to contravening basic copyright law. This webinar will explore examples of businesses that got it wrong and in some cases have destroyed their reputations through social media posts that went wrong, as well as some of the problems that can arise when high profile celebrities recommend a product or service.

  • Social media business pages, content and ownership.
  • Preserving digital copyright.
  • Handling online customer reviews and ratings.
  • Disputes with social media platforms.
  • Celebrity product use and endorsements

by Laura Spencer Laura Spencer No Comments

Diary of a Fraud Victim: Lessons for Apple Pay Users

You may have seen the recent press coverage surrounding people who have fallen victim to fraud; Ofcom’s recently published research – almost 45 million cases – during summer 2021 alone!

You never think that it will be you. As someone, who would like to think that they are well versed when it comes to spotting a phishing link, I was surprised, to find pending transactions on my account with purchases that I had not made.

Ultimately there is the inevitable wave of panic. Trying to rationalise what has happened – going back through my previous purchases just to check that there had not been a mistake made. Then going through my phone and checking websites that I have used; emails I have received as well as text messages.

It was here that I realised my mistake. I had received a text message from my mobile service provider, asking me to update my payment details. Typically, this type of message about changing payment information would fly red flags. However, this text came through under my previous legitimate SMS chain, seemingly under the same number with my provider. Therefore, I clicked the link in the message, proceeding to resubmit my personal details. At the time, although cautious the link seemed to work legitimately. Despite this, I set a reminder to call my provider on Monday morning in order to double check that the details had been received correctly.

Unfortunately, I had fallen for a scam…

If it were you, you see a message from your service provider, asking for an update of information – from a SMS chain, which had been used before – what would you do? Would you hesitate or stop to think whether the message was indeed genuinely from the provider?

I received the ‘pending transaction’ alert from my banking app, I tried to report the pending transactions, however, it was still unclear as to the next steps. I received a call from a ‘no caller ID’ number, which naively, I answered. It sounded legitimate, they seemed to be telling me all of the things that I wanted to hear, but nonetheless I still couldn’t shake the feeling that I was being scammed for a second time. I eventually put the phone down mid conversation in order to ring my bank directly, after researching online my banking guidelines for such situations.

The advice from NCSC in such a situation is to: ‘Go back to something you can trust. Visit the official website, log in to your account, or phone their advertised phone number. Don’t use the links or contact details in the message you have been sent or given over the phone.’ (https://www.ncsc.gov.uk/guidance/suspicious-email-actions). This advice, published on the NCSC website offers guidance to both those affected by scam artists as well as acting as a prevention.

Thankfully, calling the number my bank advised for dealing with fraud, they had already flagged my account for some unknown purchases and therefore, they were aware of the situation prior to my call. While the unexplained ‘no caller ID’ is believed to have been my bank however, even they were unclear if this had been the case due to the nature of the call and the messages that I had received seemingly from them.

The legitimate call with the bank helped me to arrange voice ID on my banking transaction to ensure that this did not happen again. They equally transferred me to an additional line, to speak to the right department in order to. I would encourage everyone to take the time to set up voice recognition with their bank in order to aid the prevention of situations like this from happening.

After which,  I was transferred to my bank’s fraud department who took me through some basic questions such as:

  • When was YOUR last transaction and for how much?
  • Has anyone had access to your card or bank details, this could be a family member or a carer,
  • Are you still in possession of your card?
  • Do you use Apple Pay?
  • Which devices do you use Apple Pay on?

While there were many other questions asked in order to gauge the situation, these were a few of the most memorable. What struck me as interesting was the fact that the questions were asked about Apple Pay, the platform while popular and typically very secure ‘Apple Pay is a very secure way to make payments. This is because your card numbers are not stored on your device, and are never shared by Apple Pay, or sent with your payment. Instead, Apple Pay gives you a unique Device Account Number, that’s encrypted and stored in a secure part of your iPhone, iPad or Apple Watch. So, when you use Apple Pay, your Device Account Number and a specially created security code are used to process your payment.’ (https://www.barclaycard.co.uk/personal/help/contactless-payments/secure-applePay) As it turns out there had been a separate account set up using my personal details, with the code mentioned above.

While on the phone the bank informed me that over the weekend, there had been tens of thousands of reports of phishing from mobile phone providers – this specific attack was on Apple iPhone users. This is because when the fraudulent messages were sent, they were automatically filtered into what seemed legitimate messages from providers. Hence, many, including myself, believed that the link circulated was genuine.

Thankfully I had caught the transactions early and my bank will be able to refund me the money that had been taken while also closing down the Apple Pay account that had been created using my details. Additionally, I will be sent a new card, with new banking details as well as being instructed to carefully watch my account over the next few days – reporting any changes to my account. Alongside this I was sent some useful advice for the future.

This was resolved mainly because I had my pending transactions set up on my account to receive a notification whenever my transactions were being processed. This means that whenever money is ____ my account I am ‘pinged’ with a notification and made aware regarding any payments in my account. I would strongly recommend to anyone who does not check their bank frequently to ensure that such notifications have been set up – otherwise for me, there may have been a very different outcome to this experience.

Lessons to be learned:

  1. People should be aware that phishing is becoming more and more evolved, exacerbated by the pandemic. While this seems like the obvious warning, estimates from the Telephone-operated Crime Survey for England and Wales (‘TCSEW’) showed that there were 4.6 million fraud offences in the year ending March 2021, a 24% increase compared with the year ending March 2019 (https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/crimeinenglandandwales/yearendingmarch2021). Demonstrating that despite advice given out, people are still being ‘scammed’.
  • Apple users need to be more cautious when receiving unexpected messages – since messages can be auto filled into seemingly legitimate contact numbers, already on your phone. In my experience this came in the form of my mobile service provider. To prevent this from happening Apple have produced an update where you can filter and block unknown messages (to find out more https://support.apple.com/en-gb/guide/iphone/iph203ab0be4/ios) which may help people avoid possible phishing messages.

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