There could be some recourse for Optus customers looking to end their fixed-term contracts early, after a cyberattack that breached the personal data of millions.

Optus has indicated it will impose cancellation fees on fixed contracts despite the breach potentially presenting a material breach of contract.

Negotiation expert and mediator Elise Margow told Sofie Formica it would be difficult for Optus to argue the hack was a minor breach and a reasonable expectation.

“On that basis, the agreement’s actually failed as a material breach of the service,” she said. “If they can’t remedy the breach, then you can terminate the contract.

“And they can’t remedy the breach, the information’s gone, they can’t get it back.”

Press PLAY below to hear Elise Margow’s advice in full 

Image: Getty