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Cybercrime is a massive legal challenge, necessitating stringent measures to defend businesses. The article "Adequate Responses to Cyber-Attacks" by Fabian M. Teichmann and Sonia R. Boticiu goes deep into the legal dimensions of cybersecurity, emphasizing the necessity for businesses to be legally prepared for cyber incidents. It outlines crucial legal steps and compliance requirements for companies before, during, and after cyber-attacks to minimize then legal risks and liabilities.
The definition of cyber-attacks involves unauthorized access to restricted devices to steal information or disrupt operations. Cybercrime poses a unignorable legal threat, as businesses are forced to face increasing attacks on their systems and data. Due to COVID-19 and geopolitical conflicts like the war in Ukraine, complicated the legal landscape. Thus, leading to the legal implications have broadened beyond financial firms to all sectors and making robust legal framework and cybersecurity necessary.
Assessments and Plans: Starting with Data Protection Impact Assessment (DPIA), DPIA tests are used for identifying potential legal risks and ensuring compliance with data protection laws. Combined with Incident Response (IR) and Business Continuity (BC) Plans, legal liabilities will be mitigated. These plans include legal protocols for handling data breaches and maintaining operations during attacks.
Employee Training and Awareness: Legal compliance includes training workers on cybersecurity to prevent inadvertent legal breaches and falling for online traps, like phishing scams. They should know how to reacts when breach notifications arise and what protocols the company should follow to ensure compliance.
Cybersecurity Insurance: Obtaining cybersecurity insurance is a legal risk management strategy. It covers legal costs, fines, and liabilities arising from data breaches and cyber-attacks, ensuring that businesses can manage financial impacts.
Damage Examination and Legal Investigation: Conduct thorough investigations to assess the impact on critical functions and identify breaches of legal obligations. This includes evaluating potential violations of data protection and privacy laws.
Legal Team Setup and measures: Engage a legal team to develop and execute a breach response plan. This team should include in-house counsel and external advisors with expertise in data security and privacy laws. Implement measures to prevent further data loss and mitigate legal liabilities. This may involve issuing legal notices to stakeholders and obtaining court orders to block malicious activities.
Law Enforcement Collaboration and notification: Report breaches to law enforcement agencies as required by law. Legal cooperation with authorities enhances the response's effectiveness and ensures compliance with legal obligations. Notify affected individuals, customers, and business partners as mandated by law. Ensure these notifications comply with relevant data protection regulations.
Compliance Requirements and Insurance: The Chief Compliance Officer (CCO) should manage compliance risks, ensuring adherence to all applicable laws and regulations during the cyber-attack response. Promptly notify the insurance company to ensure coverage for legal costs and liabilities. Document all actions taken during the incident to support insurance claims.
Evidence Collection for Legal Proceedings: Conduct a legal risk assessment to identify vulnerabilities and prioritize risks. This assessment should include considerations for future compliance and risk mitigation. Properly collect and preserve digital evidence for potential legal actions, including audits, logs, and other necessary documentation for investigations.
Restoration and Improvements: Ensure all systems and data are legally compliant before restoration. Verify that no legal breaches occurred during the attack and maintain data integrity. Analyze the incident to improve legal procedures and compliance measures. Update legal frameworks based on lessons learned to prevent future attacks.
Password Changes and Legal Documentation: Document all password changes and related actions for legal compliance. Use a password manager to streamline this process and ensure legal integrity. Maintain comprehensive records of the incident response process, including legal actions taken, communications, and compliance measures. This documentation is crucial for legal defense and regulatory compliance.
Insurance Notification and Legal Compliance: Ensure all internal costs are documented and compliant with insurance claim procedures. Verify that all actions align with insurance policies to secure coverage. Promptly notifying the insurance company to ensure coverage for legal costs and liabilities. Legal teams must document all actions taken during the incident to support insurance claims.
You can find more on this topic here: Fabian M. Teichmann & Sonia R. Boticiu (2024). https://link.springer.com/article/10.1365/s43439-024-00116-2