Preparing for a Cyber Attack: Practical Guidance from Ashfords LLP

Cyber threats are growing in both scale and sophistication, with recent attacks on major UK retailers and public services reminding us all of the urgent need for proactive planning and swift response. At the South West Cyber Resilience Centre, we’re proud to work with trusted partners like Ashfords LLP, who not only support our mission but also provide valuable insights to strengthen the resilience of businesses and organisations across the region.

In their latest guidance, Ashfords have outlined a clear and practical eight-point framework to help organisations prepare for—and respond to—a cyber or data breach. This advice is especially timely and relevant for small and medium enterprises (SMEs), public sector bodies, and any organisation holding personal or sensitive data.

The Eight‑Point Cyber Breach Checklist

1. Internal Response

A successful cyber‑attack can cause an entire IT system to be unavailable in the immediate aftermath, so your business should pre‑select a core incident response team and establish in advance the secure channels through which its members will communicate.

2. External Support

When key IT systems are out of action, the swiftest way to confirm the breach and pinpoint exploited vulnerabilities usually involves engaging incident-response specialists. It is just as important to also know, ahead of time, which specialists can support managing reputational fallout and how your insurers are likely to respond.

3. Legal Support

It is important to instruct external counsel at the outset so that investigations, ransom deliberations and board discussions benefit from legal professional and, where relevant, litigation privilege, and confirm any disclosure obligations that arise.

4. Communication

An effective communications plan is very important, particularly when the breach extends beyond your own systems and directly touches customers or other data subjects.

Attackers often compound the damage by sending follow‑up login attempts or extortion emails, so authoritative, coordinated messaging is essential to stem secondary harm. UK GDPR obliges you to notify affected individuals, and contractual undertakings mean that customers and supply‑chain partners will also expect prompt, transparent updates. Accordingly, you should designate in advance who has authority to craft and approve statements, determine the channels for dissemination, and ensure that internal briefings mirror the external narrative so every audience receives timely, consistent information.

5. Regulators

A data incident - whether it involves unauthorised disclosure, alteration or simply a period of inaccessibility - can trigger mandatory reporting duties. In most circumstances the Information Commissioner’s Office must receive notice under the UK GDPR, and parallel obligations may arise for other oversight bodies such as the FCA, Ofcom or sector‑specific regulators. Notifications should be drafted and dispatched promptly, providing each regulator with sufficient detail to assess the incident and determine any follow‑up action.

6. Law enforcement

Because extortionate cyber attacks invariably entail criminal conduct, the matter should be reported to law‑enforcement without delay - via Action Fraud, the UK’s national clearing house for fraud and cyber‑crime. Victim organisations must also recognise that settling a ransom demand can itself constitute an offence, potentially transforming the target into a perpetrator.

7. Insurance Coverage

Many businesses maintain cyber or blended insurance programmes that respond both to the incident itself and to the resulting financial exposure. Such policies typically reimburse first‑party losses - business‑interruption shortfall, restoration expenses and, where lawful, ransom payments - as well as third‑party liabilities, including data‑subject claims, subrogated property‑damage actions and regulatory defence costs. Coverage is not automatic: wordings usually impose stringent, sometimes same‑day, notification and co‑operation requirements. Timely, documented notice allows the insurer to investigate, deploy its panel experts and confirm indemnity; delay or non‑compliance can jeopardise recovery.

8. Notifications

Depending on the circumstances, you may be contractually bound to alert key stakeholders - such as lenders, insurers and critical suppliers - when a breach occurs. Insurance policies, loan agreements and supply‑chain contracts often contain stringent “prompt notification” and cooperation clauses, so those documents should be checked in advance and the relevant parties informed without delay.

Stay Ready, Not Just Reactive

The advice from Ashfords highlights a vital truth: being cyber resilient means more than having good antivirus software. It means understanding your obligations, knowing who to call, and ensuring your team is trained and prepared for the worst-case scenario.

If your organisation would benefit from tailored legal or cyber security advice, we encourage you to connect with the team at Ashfords LLP. Their Cyber Security team is available to support organisations before, during, and after an incident—ensuring your next move is the right one.

And from everyone at the South West Cyber Resilience Centre, a sincere thank you to Tom and the Ashfords team for your ongoing partnership and commitment to strengthening cyber resilience in the South West.