What Does a Cybersecurity Lawyer Do?

Cybercrime is now a major legal concern for organizations of all kinds.

According to industry reports, cybercrime is the fastest-rising crime in the U.S., with phishing being the most common challenge companies face. Not only does cybercrime put a company’s data at risk, but it can also result in millions of dollars in damage.

To help combat the issues that cybercrime poses for companies, finding a cybersecurity lawyer is essential.

Learn more about what a cybersecurity lawyer does and how they can help your firm.

What Is Cybercrime?

Cybercrime refers to any illegal activity that involves a computer, a network, or a network device. Most of the time, cybercrime has the sole purpose of generating money for criminals. In some instances, though, the goal can be to destroy or disable computers and other devices.

There are three major categories of cybercrime.

The first category is property cybercrime. It refers to crimes in which computer hardware or software is the target. Some of the most common types of property cybercrime include:

• DDOS attacks
• Virus transmission
• Hacking
• Computer vandalism
• Copyright infringement
• Cyber and type squatting

Crimes against people is the next category. It can involve harassment, credit card fraud, and the distribution of child pornography. Human trafficking, spoofing, identity theft, and libel are also common crimes against people.

The least common type of cybercrime is against the government. It is considered a crime against a nation’s sovereignty. It can include hacking, cyber warfare, cyber terrorism, pirated warfare, and accessing confidential information

What Is a Cybersecurity Lawyer?

Cybersecurity lawyers are professionals trained in the handling of digital information and how criminal behavior can impact it.

A cybersecurity lawyer has to have a firm grasp of privacy law. They must also have an understanding of the foundations of cybersecurity statutes in the US. These include the Computer and Fraud Abuse Act and the Electronic Communication Privacy Act. They must be well-versed in data breach laws, the Federal Trade Commission Act, and many other laws.

These types of lawyers can work as advisers or litigators for government agencies or companies.

What Cybersecurity Lawyers Do

The best cybersecurity lawyer is someone who can help individuals and organizations implement the right strategies to meet local, federal, and international requirements.

A cybersecurity lawyer must also be able to provide guidance about any type of cybercrime to help mitigate loss. They must ensure that the organization responds correctly to the attack.

If you have lawyers who specialize in legal cyber protection working in an advisory capacity, they will be able to offer pre-litigation help. As litigators, they have to handle civil as well as criminal prosecution and have a deep understanding of cyberspace.

They must also be able to respond immediately to cybersecurity concerns. The lawyer must have incident response protocols in place well before there is an incident. Hiring someone with a clear idea of how they will manage that for your particular organization is essential.

If there are cybersecurity incidents, the lawyer must be able to advise the team on the answer to certain questions, including:

• Who is on the response team?
• Does the company need to report data events to state and federal entities?
• Does the company need to alert clients or customers?

For growing companies, the cybersecurity attorney must also have experience dealing with the risks of mergers, acquisitions, and divestitures. Before a merger, the cybersecurity lawyer will need to check the risk of cyber-attacks.

During mergers, the lawyer will analyze the best cybersecurity practices without imposing one organization’s protocols on the other.

A cybersecurity lawyer also has to make decisions involving risk. They need to decide when using insurance to transfer cyber risk, for example, is appropriate.

This type of lawyer also has to be involved in the third-party vendor risk management process

How to Choose a Cybersecurity Lawyer

Having a cybersecurity lawyer working for your organization is vital. There are some requirements a lawyer must meet to be suitable for this position.

The right person will have a deep understanding of:

• How government works
• The company’s internal practices
• Litigation

The person must have experience dealing with privacy laws. Although cyber laws are very different from privacy laws, one of the core goals of a cybersecurity attorney is to protect the data the company handles.

The right lawyer will also need to be fluent in law and tech. They will have to be able to translate legal requirements and regulations into design requirements. At the same time, they must also understand the technical aspects well enough to spot issues.

To be able to offer quality services, the lawyer needs to have a strong role within the organization. They need to be part of the company’s cybersecurity risk assessment, for example. They should also be involved in the development of the entire cybersecurity program.

That requires the person to have a clear understanding of the company’s internal practices. They must be ready to communicate with the board of directors and other leadership.

Their portfolio must also include experience in contract clauses, especially cybersecurity and technology-related contract clauses.

Keeping Your Business Safe

With cybercrimes on the rise, having a cybersecurity lawyer on your side can make a difference for your company or any other organization. Cybercrimes change and criminals find new ways of exploiting individuals and companies every year. Choosing a person ready to help prevent these risks who can also help minimize damage when it occurs is crucial.

Learn more about how to keep your organization safe by turning to our Sci-tech page!