Private companies, small and large, are now regularly subject to cyber attacks, often focused on intellectual property and business secrets (e.g. infringement of intellectual property, thefts, industrial espionage, etc.). These attacks apply not only to the core target business, but also to suppliers, financial consultants, agents and legal advisors working with that business.
Protecting against cybersecurity is also a national security issue for governments and a number of new legislative initiatives aim to encourage businesses to put security issues high on the corporate agenda.
A new 2016 Cybersecurity Directive requires each Member State to ensure that ‘operators of essential services’ (e.g. critical infrastructure operators in sectors such as energy, transport, banking and health) and ‘digital service providers’ (e.g. e-commerce platforms, cloud computing platforms, search engines) (i) take appropriate technical and organizational measures to manage cyber-security risks and minimise the impact of incidents and (ii) notify competent authority without undue delay.
This slide pack www.cee.legal/papers highlights the obligations of businesses to take measures against cybersecurity attacks and comments on the protection of the various forms of intellectual property and business secrets created by entrepreneurial businesses.