Aussie businesses face being sued over viruses

Aussie businesses face being sued over viruses

Australian businesses face being sued for million of dollars if they do not prevent viruses from being passed on to other companies, according to an Adelaide law firm.

Watson Lawyers has warned that virus prevention is becoming as important as health and safety, harassment and legal compliance policies in the work place.

Company directors could be in the firing line as these viruses increase at an alarming rate worldwide and create problem for companies when they are passed on haphazardly via emails.

Peter Watson, principal of Watson Lawyers said. "An employee who carelessly distributes a virus faces the possibility of dismissal, so why shouldn't a firm be liable for any loss or damage suffered by clients or customers if appropriate action has not been taken to deal with such viruses.

"There are complex legal issues involved, and new ground may need to be broken in the courts. Nevertheless, the risk of a successful lawsuit should not be ignored.

"If no procedures are in place, directors might breach their duties and be liable to their companies for any damage suffered by the company directly as a result of a virus infecting the computer system, or as a result of third party claims arising from the negligent distribution of a virus."

Mydoom recently caused havoc in the business world, and this has recently prompted reactions such as this from legal firms such as Watsons Lawyers.

The Mydoom virus sent hundreds of emails from each person's computer, resulting in the system slowing down, overload, and in cases, shutting down. Sometimes viruses even corrupt and destroy data and programs.

Watson believes that the virus protection policy should include the installation of up-to-date anti-virus computer software, clear instructions for staff about how to deal with suspected emails, and information about current viruses doing the rounds.

This kind of procedure could prove that companies and directors have taken all of the necessary cautionary steps to prevent the spread of viruses, which could save them from heavy fines of negligence.

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