When a company experiences a digital security incident, the impacts go beyond technical issues; they also involve legal and operational aspects that require immediate attention.
Specialized lawyers are essential in this process, ensuring that the company takes the right steps to minimize damage and comply with legal requirements, such as those outlined in the LGPD.
In many cases, it is necessary to report the incident to authorities, communicate with clients, and preserve evidence for future investigations. Without proper guidance, companies risk facing fines and lawsuits, compromising their operations and reputation.
With appropriate legal support, companies can avoid penalties, strengthen their security policies, and adjust internal practices to prevent future incidents.
This content explores how lawyers can assist companies in navigating the complexities of a digital security incident, using practical examples and clear guidelines to ensure a precise response aligned with legal obligations.
Initial Assessment and Compliance with Regulations
When a security incident occurs, the first step is to assess the situation to understand the extent of the impact and the applicable legal requirements. Specialized lawyers analyze the relevant laws, such as the LGPD, and guide the company on the necessary steps to ensure compliance.
According to the ANPD (National Data Protection Authority), 40% of companies notified about security breaches in 2022 failed to meet communication deadlines. This underscores the importance of efficient legal support to ensure that deadlines and obligations are followed correctly.
When notification is necessary, the lawyer structures the communication process, ensuring that the company informs authorities of the incident’s details appropriately, minimizing the risk of penalties.
Preservation of Evidence and Coordinated Response
After identifying the incident, preserving digital evidence is a crucial step for future investigations and potential legal actions. Specialized lawyers ensure that all elements are documented correctly, ensuring the legal validity of the evidence.
Practical Steps for Preservation and Response
- Isolation of Affected Systems: Lawyers collaborate with the technical team to ensure that the containment of the attack complies with internal guidelines and applicable laws.
- Documentation of Evidence: They supervise the collection of access logs, activity records, and other digital elements that can be used as evidence.
- Structuring Communication: How the company communicates with employees, clients, and authorities is essential. Lawyers advise on the content and tone of these communications to ensure clarity and compliance with the law.
Review of Contracts and Internal Policies
After containing the incident, it is essential to review contracts and internal policies to avoid new issues. Specialized lawyers work with the company’s team to review contract clauses with suppliers and partners, ensuring they align with current legislation and protect the company against potential new incidents.
In addition to a simple review, lawyers identify weaknesses in the company’s access and digital security policies. By updating these documents, they ensure that practices comply with regulations, preventing similar situations from occurring again.
Training Employees and Raising Awareness About Digital Security
Employees are often the frontline defense against cyberattacks, and their training is essential to prevent future incidents. Lawyers collaborate in developing specific training that goes beyond technical instructions, also focusing on legal and practical aspects.
To engage employees and strengthen the digital security culture, interactive workshops are organized covering topics such as:
- Identification of phishing attempts.
- Best practices for handling sensitive data.
- Legal consequences of a security incident and the importance of following internal protocols.
Continuous Monitoring and Regular Audits
Preventing new incidents requires constant monitoring and regular audits. Lawyers assist companies in creating an action plan that includes periodic audits and ongoing reviews of security policies.
Unlike immediate responses, this process is continuous and ensures that the company’s security practices are always updated according to the evolution of threats and regulations. This way, the company remains prepared to tackle new challenges, always supported by specialized legal advice.
Strengthen Your Company’s Digital Security
When a digital security incident occurs, the technical response must be accompanied by precise legal actions to ensure compliance and minimize legal risks. STWBRASIL’s Digital Forensics is fundamental in this process, offering a comprehensive service that supports companies in all critical stages: from the preservation and collection of digital evidence to detailed incident analysis.
Our forensic lab, the largest in Brazil, works closely with specialized lawyers to ensure that all evidence is collected and preserved according to legal requirements. This joint effort is essential to ensure the admissibility of this evidence in investigations and legal proceedings.
- Collection and Preservation of Evidence: Our specialists ensure that digital evidence is collected accurately, maintaining its integrity for use in future legal actions.
- Detailed Vulnerability Analysis: We investigate the origin and extent of the attack so that companies can adjust their defenses and prevent new occurrences.
- Strategic Legal Support: Our lawyers collaborate to ensure that all steps of the process, from notifying authorities to communicating with clients and partners, are carried out in accordance with the requirements of the LGPD and other regulations.
With all our technology, your company not only reacts to incidents in an organized manner but also strengthens itself to face new challenges in the digital environment. Our services ensure that your operations are always aligned with best practices and compliant with current legislation.
