The number of cyber incidents has increased exponentially

The Dutch Data Protection Authority (AP) reported in its report dated May 24 that the number of data leaks caused by cyber attacks has almost doubled compared to the previous year. She speaks of an exponential increase in cyber attacks, mainly due to hacking, malware and phishing.

It is therefore not a question of if, but when an organization will be hit by a cyber attack.

Be prepared with legal operations

With good preparation, a company organizes its legal resilience in the event of a cyber attack. It does this by carefully organizing its legal operations – also known as corporate legal functions. Contract management is part of legal operations.

Properly organizing legal operations means:

  • Only authorized signatories conclude additions or adjustments to existing contracts
  • Contracts are aligned with objectives of business activities
  • Legal operations are integrated into the day-to-day business
  • Contracts are executed
  • Duties are fulfilled; rights are implemented
  • Evidence of contract compliance is requested and provided

The role of contract management

Well-organized contract management is indispensable to be legally resilient in the event of cyber incidents. If a company is hit by a cyber incident, it will want to be able to recover damages. If a company receives a compensation claim, it wants to be resilient. Concluding good contracts may be important, but it is only the first start. What is really important is that contracts are fulfilled; that proof of compliance is requested and the proof is actually provided.

An additional advantage of effective contract management is that if companies carefully organize and apply their contract management, the chance of becoming a victim of a cyber attack is significantly reduced.

NIB2 guideline

The European NIB2 directive requires a higher level of security from more companies and CVD procedures are becoming mandatory for IT suppliers. See the blog NIB2 guideline mandatory high security level and introduction of CVD procedures. We may see the NIB2 directive as an answer to cybercrime.

Need to know more?

Please contact mr. dr. A.W. (Anne-Wil) Duthler via 070 306 00 33 or a.w.duthler@firstlawyers.nl.