Express Directors’ Duties for Cybersecurity: Resilience through Adaptation
| dc.contributor.author | Nosworthy, B. | |
| dc.contributor.editor | Stephens, D. | |
| dc.contributor.editor | Stubbs, M. | |
| dc.contributor.editor | White, S. | |
| dc.date.issued | 2025 | |
| dc.description.abstract | Elements of corporate governance have been evident for almost as long as there has been an understanding of the corporate form, and it has always had to adapt to new challenges presented in each era. This chapter considers the modern challenge of cybersecurity risk and identifies existing resilience in the current Australian directors’ duties in light of their historical origins and prior adaptation, which enable them to respond to cybersecurity risk. Through careful consideration of analogous examples provided in existing case law in relation to the directors’ duties of care and loyalty, this chapter articulates the capacity of the current laws to hold senior corporate decision-makers accountable where they do not meet the expected standard of behaviour. The particular risks associated with cybersecurity are articulated and contrasted to extant risks regularly assessed and addressed by boards of directors, confirming the resilience of the directors’ duty regime in responding to this challenge. | |
| dc.description.statementofresponsibility | Beth Nosworthy | |
| dc.identifier.citation | Digital Resilience: International and Domestic Legal Responses to Cyber Security and Artificial Intelligence, 2025 / Stephens, D., Stubbs, M., White, S. (ed./s), Ch.13, pp.175-187 | |
| dc.identifier.doi | 10.1007/978-981-97-9746-2_13 | |
| dc.identifier.isbn | 978-981-97-9745-5 | |
| dc.identifier.orcid | Nosworthy, B. [0000-0002-6918-6881] | |
| dc.identifier.uri | https://hdl.handle.net/2440/147075 | |
| dc.language.iso | en | |
| dc.publisher | Springer | |
| dc.publisher.place | Singapore | |
| dc.rights | © 2025 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. | |
| dc.source.uri | https://link.springer.com/book/10.1007/978-981-97-9746-2 | |
| dc.title | Express Directors’ Duties for Cybersecurity: Resilience through Adaptation | |
| dc.type | Book chapter | |
| pubs.publication-status | Published |