Rising Litigation Risks in Cybersecurity and Data Privacy for 2026

In 2026, litigation exposure is escalating rapidly, especially in cybersecurity and data privacy sectors. The increase is attributed to policy shifts and varying enforcement priorities at federal and state levels, complicating compliance for organizations. The Norton Rose Fulbright's midyear survey reveals insights from 135 corporate counsel across various industries. Notably, 57% of energy sector respondents cite workforce changes as potential class action triggers. Financial institutions report the lowest increase in litigation risk, while healthcare faces the highest exposure at both federal and state levels. Technology firms are experiencing the most significant rise in cybersecurity and data privacy litigation. The survey indicates that organizations must adapt to these evolving risks to mitigate potential legal challenges.

Key Points: • Litigation exposure in cybersecurity and data privacy is rising faster than expected in 2026. • 57% of energy sector respondents identify workforce changes as likely class action triggers. • Healthcare sector reports the highest increase in litigation exposure at federal and state levels.