Mergers & Acquisitions – The Cyber Risks

Mergers and Acquisitions

Mergers & Acquisitions are a complicated process with many facets of risk to consider of the target business – cyber exposures will be one of these but is the correct degree of attention given to this when a multimillion takeover or acquisition is at stake ?

Why are these risks ignored?

Mergers and acquisitions are a very complicated and time consuming activity for a business. Due diligence is undertaken which will involve many facets of the business under consideration. This will include the financial standing, employee numbers and makeup, market share and future prospects of the organisation.

Cyber risk maybe considered during this process but it is doubtful that any in-depth cyber risk management is carried out which could present problems post acquisition / merger.

What cyber security due diligence should be carried out?

  • Examination of the types of privacy risks of the targeted business that they may encounter in their industry.
  • Obtain detailed knowledge of the computer network and passage of date to include the supply chain and use of cloud providers.
  • How data is is managed and in particularly personal data of customers and intellectual property of the organisation.
  • Review of any contractual indemnities with customers and third parties who may suffer a data breach as a result of a cyber security breach.
  • Obtain details of any previous cyber attacks or compromise of data  with details of subsequent measures put in place to rectify similar incidents and improvements in cyber security.
  • Ensure that GDPR compliance has been achieved together with any other relevant regulatory requirements in other geographical locations.
  • Evidence of any cyber insurance being in place and review of adequacy together with details of claims made under the policy.
  • Review of their incident response and business continuity plans with proof of the testing of these.

The Verizon and Yahoo Merger 

In February 2007 Verizon Communications Inc purchased Yahoo Inc’s for $4.48 billion, but lowered  its original offer by $350 million in view of two significant cyber attacks that hit the internet business.

https://www.reuters.com/article/us-yahoo-m-a-verizon/verizon-yahoo-agree-to-lowered-4-48-billion-deal-following-cyber-attacks-idUSKBN1601EK

The takeover agreement included requirements that Yahoo would be responsible for any subsequently discovered cyber incidents.

Cyber Insurance

The existence of cyber insurance will assist with helping to mitigate the cyber risks associated of a proposed acquisition . Insurers will want to know in-depth details of their cyber risk management processes and procedures and only consider inclusion within an existing policy if these are satisfactory.

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GDPR One Year On – What’s Changed?

GDPR

GDPR has been with us now for just over a year – so what has changed during this period?

Businesses are now much more proactive in their approach to cyber security instigating robust systems and procedures to combat the threat of hackers.

http://cyberbrokers.co.uk/gdpr-data-protection-but-not-as-we-know-it/

The ICO have just published a report “GDPR – One Year On” which sets out a review of its first year in operation.

https://ico.org.uk/media/about-the-ico/documents/2614992/gdpr-one-year-on-20190530.pdf

Countering the Cyber Security Threat

The risk of a data breach is also now higher than ever with the changing cyber risk landscape. New ransomware strains and malware are evolving so keeping up to date protections in place is vitally important. GDPR is a clear driver of the approach that the C Suite has to instigate to protect and secure their businesses.

Among the many areas that IT Security has focused upon is back-up which is essential in protecting data. This makes it retrievable in the event of a compromise of data due to a cyber-attack.

Change in Philosophy

GDPR was a long time coming and businesses have struggled to find the resource to put in place processes to achieve compliance. Some were ahead of the game and some struggled to meet the deadline of 25th May 2018.

The philosophy to cyber security has also reached an engagement point where businesses are looking beyond GDPR. Businesses are now seeking cyber security accreditation’s such as ISO27001.

Global Effect

Other countries are also taking note of the impact that GDPR is having and bringing in similar legislation of their own.

For example the California Consumer Privacy Act (CCPA) which comes into force on 1st January next year.This provides consumers with certain rights over their personal data which is held by businesses  and is an obvious parallel with GDPR.

GDPR Fines

Regulators to date have issued in excess of 200.000 fines of which 65,000 were related to data breaches . Fines totalled E56M which includes the E50M levied against Google by the Irish Data Protection Commissioner. In this case new users were inadequately advised how personal data was collected and how this was subsequently used.

The fear of potential fines being issued of up to 4% of global turnover of a business by the regulators has not materialised yet. However from a speech made by Elizabeth Dunham , the U.K. Commissioner of the ICO recently stated in a speech that this may be about to change later in the year. The ICO it is understood have a couple of very large cases that are currently being reviewed.

Both Equifax and Uber have been fined over the past twelve months but this was under previous legislation and not GDPR.

The impact of GDPR  does appear to have improved cyber security standards. We are however waiting to see how regulatory bodies will impose the full force of non-compliance in the event of a cyber-attack that results in a significant data breach.

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Airports : The Importance of Cyber Security

Airports

With critical infrastructure now becoming a prime target for hackers airports now need to ensure that they have in place a comprehensive cyber risk management program in place.

http://cyberbrokers.co.uk/the-cyber-threat-critical-infrastructure/

The European Aviation Safety Agency (EASA) has estimated that an average of 1000 cyber attacks occur each month on aviation systems which further demonstrates the threat posed to this sector.

Airports are technology dependent sector on which also makes it attractive for a hacker who is likely to have the intention of causing maximum disruption with many facets of an airport to target.

Whilst a number of computer networks may be segregated such as  navigational guidance, immigration and retail outlets there are many areas that could be targeted.

  • The airports core IT infrastructure
  • Self-check-in desks
  • Automated bag drop off systems
  • Smart operated gates
  • Wi-Fi available within the airport lounges

Cyber-Attacks on Airports

We have see cyber-attacks on airports notably Bristol airport in the U.K. and Atlanta airport in the US both of which occurred last year.

The computer systems of Bristol airport were accessed by a phishing attack whereby an employee clicked  on a link which lead to malware infiltrating  their systems. For a period airport staff had to communicate arrival / departures by using a blackboard as the messages boards were inoperable.

https://www.bbc.co.uk/news/uk-england-bristol-45539841

The wi-fi of Atlanta airport was taken down as a result of a cyber-attack. Flights had to be cancelled causing passenger delays and significant disruption to the airport services.

https://www.ajc.com/business/hartsfield-jackson-takes-down-after-cyber-attack-city/

The Data Breach Threat

High volumes of data are contained within the computer systems of an airport and it therefore important that this protected. This would typically include :

  • Boarding card details of passengers
  • Car parking details
  • Health and Safety information
  • Details of disabled individuals
  • Employee personal details
  • Salary payment details of employees

With GDPR coming into force last year all organisations are legally required to store and protect data up to certain standards.

The NIS Directive

This came into force last year and sets out minimum standards of cyber security that need to be in place for operators of essential services systems (OES) which will be applicable to the aviation sector.

One of the keys in preventing cyber attacks is the developing of cyber resilience within an airport once potential threat vectors have been identified and solutions are in place to manage potential threats.

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The Six Major Cyber Risks of 2019

Cyber Risks

What are the six major cyber risks of 2019 that businesses will need to guard against in the perpetual war against cyber criminals.

The cyberthreat landscape is constantly changing with hackers using ever more sophisticated means to gain unauthorised access to computer systems.This coupled with some of the more established tools utilised by hackers produces a cocktail of cyber attacks vectors that provide the ultimate test to cyber risk management of a busines.

Cyber risks come in many shapes and forms and it is likely that we will see the following featuring throughout the world in the coming days and months.

Supply Chain Vulnerbilities

This is proving to be a very real vulnerability with businesses heavily reliant on their suppliers and contractors for services whether this be for the provision of technology services that are fundamental to the effective functioning of the business.

If one of the suppliers systems are compromised this is likely to result if a significant businesses interruption loss where income will be lost and reputation damaged.

http://cyberbrokers.co.uk/how-secure-is-your-supply-chain/

Mobile Applications

We are are all reliant on our smart phones and laptops and end to end encryption of these is therefore of paramount importance. Confidential information and personal data is in abundance on these devices and a hacker will no doubt target such devices that do not have the appropriate security in place.

With the emergence of 5G this it will become increasingly harder to protect mobile applications.

Phishing Attacks

These are well established methods that hackers use to overcome human vulnerabilities.

This is carried out by e-mail compromise where uses click on a link that leads to malware being spread resulting in crippling the computer system or falsely changing a clients bank details to one set up by a hacker which leads to a loss of funds.

Ransomware Attacks

There have been a number of high profile ransomware attacks namely WannaCry and Non-Petya that impacted many countries around the world. Business affected by these include WPP, Maerck and the National Health Serice in the U.K.

A ransomware attack can be very cleverly disguised with many means available to gain access to a computer network. Over the past twelve months ransomware attacks have declined but they still remain a very real threat with different strains of malware emerging. This will only increase and make detection harder awareness of new methods and defense of these will therefore be vitally important to mitigate this on-going threat.

The Morrison’s Effect

As a result of a Morrison’s employee stealing salary details and distributing these to a number of newspapers Morrisons were sued for damages by a number of the affected individuals.

As a result of this it was found after appeal that Morrison’s were vicariously liable for the employees’ actions. The court also stated that the affected individuals could claim for financial loss and emotional distress. It is therefore conceivable that this could open the flood gates for class actions against other such businesses in similar circumstances.

https://www.bbc.co.uk/news/business-45943735

Artificial Intelligence and Internet of Things

Artificial Intelligence (AI) is now developing at an alarming pace as businesses recognized the benefits that machine learning can bring such as increased efficiency in manufacturing and data analysis. this however brings increased cyber risks. It is possible for inter-connectivity to take place which leads to communication with other devices called the Internet of Things (IOT) the result of which can lead to a compromise of systems , loss of data or even physical damage.

Cyber attacks backed by AI would be far greater than a conventional human lead cyber attack causing more damage for longer periods. This is a new emerging cyber threat but it could be one of the most dangerous and damaging as cyber security has not kept pace with the ensuing risks.

Cyber attacks will undoubtably become more sophisticated with the cyber risk landscape becoming more unpredictable and difficult to assess the threat vectors that develop.

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Hackers don’t go on holiday over Christmas…..

Christmas

Hackers don’t go on holiday over Christmas and consequently everyone needs to be more vigilant than usual during this busy time of year were individuals and businesses can be preoccupied.

The theft of data is is very much on the mind of hackers over the Christmas period as this considered to be a prime time where many transactions are undertaken on-line with bank and credit cards in particularly being targeted.

One of most common methods utilized is via Phishing  which can  occur as follows:-

1.Individuals can be tricked into sharing sensitive data by using a website that is not what it seems

2.Clicking on a dubious website link

3.Responding to an e-mail from a bogus sender.

Risk Management within a business and good cyber hygiene are key to preventing the loss of data and should be practiced at all times irrespective of the time of year.

Some examples of this is as follows:-

Ensure that the latest software patches are installed

Make sure passwords are strong and that they are not replicated by individuals  and consider the use of a password manager.

Apply two factor authentiification as this provides and extra layer of protection 

Outside of Work individuals should practice the following:-

Individuals should practice similar cyber hygiene and carry out the following :-

Be care when entering your debit or credit pin into a machine whether at a shop or withdrawing cash.

If you some reason you do not feel that things feel right do not go through with a transaction of your computer and check the legitimacy of a website.

Ensure that the website you are in is the actual website and not one that pretends to be the website.

Do not click on links from Facebook or other social media sites unless you know who they are from.

Ensure that your Wi-Fi is secure and password protected with your own password

Look to change the default passwords on new toys or devices that are connected to the internet to help avoid hackers accessing these.

The Human Factor plays a fundamental role in managing cyber risks http://cyberbrokers.co.uk/human-factor-cyber-risk/

Whether at work or at home the unpredictable factor of humans may well determine how safe or secure you are and is recognized as a major driver for cyber related losses.

The underlying message is that hackers are all around us and that we must have our wits about us as all times.

How Secure Is Your Supply Chain?

Supply Chain

Many businesses are now reliant on third parties in order to function and to provide their goods or services. These third parties are likely to form a supply chain providing such capabilities as IT services, HR outsourcing and hosting services.

The calibre of these services can vary greatly be they a large conglomerate to small local business. Each suppler will have they own cyber security processes and procedures that should be embedded within the business….. but in practice is this the case and what is the impact on a business if they suffer a cyber security breach?

With reliance now placed on a supply chain it is important that due diligence is carried to ensure that this resilience is in place.

What sort of processes can be carried out in order to provide some assurances?

  • Regular cyber security audits of third party vendors
  • Prioritization of vendors for critical services
  • Review of data monitoring standards of third parties
  • Ensure own security procedures remain at a high standard enforcing regular patching and installation of latest firewalls.
  • Managing of privileges provided outside of the business
  • Robust procurement processes for new vendors
  • Management of contractual liability with the vendor in the event of a possible data breach
  • Due diligence of cloud service providers
  • Insurance checklist for professional indemnity and or cyber insurance by the vendor
  • Review interconnected devices to managed The Internet of Things ( IoT) exposures

The supply chain of a business can be their weakest link and managing this should be given the same level of attention as the internal cyber risks that exist.

The National Cyber Security Center publish a list of some of the risks that businesses should look out for :-

https://www.ncsc.gov.uk/content/files/protected_files/guidance_files/Cyber-security-risks-in-the-supply-chain.pdf

The consequences of a third party suffering a compromise of their computer systems could lead to  the following:-

1.Business Interruption

2. Reputational Damage

3.Regulatory Actions and Fines

4.Loss of customers

5.Costs incurred to the business to rectify loss of data or damage to computer systems

6.There have been a number of high profile data breaches where losses have emanated from the supply chain :-

Target

In December 2003 hackers gained access to the heating and ventilation system of the retailer Target. As a result of network credentials being stolen from a mechanical services engineer the hackers were then able to gain access to credit and debit card data of customers. The cost of the breach is thought to be close to $300M with 100 million individuals being affected and the CIO of Target resigning soon after the breach.

Stuxnet

This was a malicious computer worm that targeted automated processes utilized to control machinery on factory assembly lines and systems within the nuclear industry.

It was introduced into a supply network via an infected USB flash drive by individuals that had access to the system It was then possible for the worm to move across the network which scans software that controls machinery and n influence the commands that were given.

NonPetya

Last year NonPetya was a malicious code aimed at software supply chains. The targets were outdated and unpatched Windows systems utilizing the EternalBlue vulnerability which hit many global businesses such as WPP DLAPiper and Maersk.

The hackers initially breached a financial services company in the name of MeDoc which was a third party software service readily utilized by goverments. Once access had been obtained they were able to install malware on their software which was then distributed to end users when the latest update was downloaded.

A report earlier this year by Symantec reported that there had been a 200% increase over the last 12 months in hackers injecting malware implants into the supply chain to gain access to the organizations computer systems.

https://www.symantec.com/content/dam/symantec/docs/reports/istr-23-2018-en.pdf

Perhaps one of the keys to ensuring that a supply chain is secure is to try and enforce the supply chain to have in place similar robust cyber security procedures and practices to the business in order to manage the evolving cyber risk landscape that exists.

 

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