Cybercriminals and other malicious actors use a variety of technologically advanced methods in order to gain access to your network and data, and security by design is unfortunately still the exception rather than the rule, whether in software, hardware or staff training. For example, AI-based malware exists that can essentially machine-learn its way into your business network. Rather than manually attempting to gain access to networks and data, hackers can employ a range of AI-based tools that do most of the legwork for them. This may involve repetitively probing the system until a vulnerability is found, or firing off targeted messages or emails to phish login credentials from team members or customers.
High-profile cyber attacks in 2024 have included: TikTok, CNN, Ticketmaster, Microsoft, the UK NHS, New York state courts, Santander Bank, Dropbox, Nissan, Japanese cryptocurrency exchange DMM, and Australian mining company Northern Minerals, to name but a few. To make things even more complicated, now sensitive information can also be accessed in breaches made in data aggregators' systems, or in any point of the data sharing channel. The National Public Data hack that occurred a couple of days ago is a scary example of just how sensitive can be leaked, and at what massive volumes it can occur (and yes, the idea of class actions giving you goosebumps is a perfectly natural reaction).
In 2023, there were more than 3,000 data compromises, affecting a total of 353 million victims worldwide, and representing a new record for the amount of total data breaches reported within one year. 2024 is posed to be an even bigger year for cyber victims from what we are tracking already.
Now, more than ever, it is essential for all business owners to ensure they have the most robust cybersecurity defenses available to them.
What Does a Cybersecurity Lawyer Do?
So what can an attorney do to help you fend off all these threats? We typically start with:
- Carrying out risk assessments
- Reviewing your data transfer processes and partners
- Training your key employees in safety procedures, methodology and incident response.
- Conducting investigations into data breaches and unauthorised access.
- Helping clients to comply with data privacy laws and regulations.
- Representing clients in court regarding data privacy disputes or cyber misconduct
- Advising and supporting our partners on how and when to disclose data breaches to the public and what actions to take with the appropriate authorities.
Internal IT Departments Need Support from Cybersecurity Lawyers
Data breaches and the theft of personal data are not solely a security issue—when a business holds the private information of several thousand customers that could potentially be compromised, there will be distinct legal ramifications should any business fail in its duties to protect this data and keep it safe from unauthorized access, regardless of who is to blame for the incident.
A cybersecurity posture that is not effectively managed with the right constituent parts can lead businesses open to serious reputational damage and financial penalties in the event of a data breach.
Expecting an internal IT department to manage these complex data privacy and cybersecurity compliance issues single-handedly is increasingly unrealistic. IT departments are typically focused on advancing the technical aspects of your business, ensuring that systems run smoothly, and developing new products. However, the responsibility of keeping these systems legally compliant cannot rest solely on their shoulders particularly with the ever-changing regulations that govern data privacy.
Even with the best technology and cyber tools at their fingertips, there's no guarantee they will have the training to deploy it correctly in any reasonable timeframe. This gap leaves businesses vulnerable to legal repercussions, especially if a serious issue arises that could lead to court proceedings. So having a good sit-down with dedicated lawyers who are specialists in cybersecurity law and compliance will make sure they understand how to best use the tools they are experts on in the best possible way that is compliant and safe for your business.
This is why having a cybersecurity lawyer on hand is crucial. These legal professionals bridge the gap between technology and law, offering the expertise needed to navigate complex legal landscapes while ensuring that your business is protected from both technical and legal threats.
A Cybersecurity Lawyer can Assist With Your Defensive Measures and Security Policies
Helping to draft an effective cybersecurity policy for your business that outlines the correct procedures and ensures all staff members are aware of their responsibilities.
Cyber security lawyers can train your staff members on cyber security awareness ensuring they know the correct procedure to follow and helping to mitigate the risk of data breaches and unauthorized access.
In the event of a significant data breach, your cyber security lawyer will be your first point of contact in an emergency and can advise when to go public about a data breach and what action you should take in order to contain the incident and remain compliant with regulations, helping to minimize any damage to your business reputation and public relations.
For businesses found liable for mishandling customers' personal data, there can be serious implications and financial penalties. In order to shield your business from this eventuality and protect valuable assets such as intellectual property and personal data, a professional cybersecurity lawyer is essential for any business operating in today's marketplace.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.