Legal-technological convergence: a new paradigm for information security

Cybersecurity breaches are an inescapable reality, and when they occur, legislative frameworks and related obligations become crucial factors in determining accountability, as pointed out by Deo Falzon and Keith Cutajar. We live in an increasingly connected world, where the fields of law and technology are merging like never before. The growing importance of bridging the gap between legal and technological expertise was highlighted during the panel discussion on "Cyber Security" held at the "Digital Safeguards" event, organized by the Malta Information Law Association (MITLA). to effectively address the complex challenges posed by cyber threats. Traditionally, legal professionals and technologists were considered distinct entities with separate areas of expertise. However, the rapidly changing cybersecurity landscape has somewhat blurred this clear-cut distinction.

The growing importance of a cross understanding between law and technology

With the increase in cyberattacks, scams and hacking incidents, legal professionals need to better understand the complexities surrounding these risks, while technologists need to gain a better understanding of the liabilities they entail. By combining legal and technological knowledge, both specialists can better advise their clients on dealing with the legal aspects of cybersecurity. This includes guidance on regulatory frameworks, compliance requirements and implications for liability and the burden of proof. The discussion highlighted that cybersecurity is no longer just a technical issue. It has far-reaching legal implications, mandated in part by regulatory compliance in various industries, including financial regulation, gambling, telecommunications, product safety, product liability and, of course, privacy laws.

Collaboration between legal and technology professionals for proactive cybersecurity

Legal professionals with a strong understanding of technology can help ensure compliance with data protection, cyber resiliency, cybersecurity regulations, advise on technology-related contractual agreements, and guide organizations in incident responses and requirements notification of violations. Likewise, technology professionals equipped with some legal knowledge can bridge the gap between technical skills and legal requirements. They can design and develop systems in line with regulatory standards, integrate privacy-by-design principles, and contribute to the implementation of effective cybersecurity measures. The blending of expertise between legal and technology professionals enables organizations to adopt a comprehensive and proactive approach to cybersecurity.

The harmonization of legislation related to computer security

During the discussion, the current trend of harmonizing legislation related to cybersecurity risks and shortcomings was also addressed. The European Union has been actively updating legislation to include or clarify cybersecurity risks and their legal implications. During the discussion, accountability emerged as a central concern. Cyber security breaches have significant implications, not only in terms of regulatory consequences, but also in relation to third party liability. Organizations of all sizes, including SMBs, must adjust to the increasingly cybersecurity-focused agenda and prioritize security measures. Even the smallest consumer-oriented businesses rely heavily on online transactions and email communications, making cybersecurity a critical consideration.