Cybersecurity Defense Litigation and Representation
A cyber incident often does not end with mere technical recovery; it is frequently followed by complex litigation. These disputes can be multifaceted: appealing fines imposed by regulatory bodies, class action lawsuits from affected clients, or disputes with contractors whose negligence caused the incident. In Georgia, where digital law is still developing, successful management of cyber disputes requires a lawyer who understands both procedural law and the nuances of information technology. A poorly managed dispute can cost a company millions of lari and inflict irreparable reputational damage.
Cybersecurity defense litigation services cover all stages of a dispute—from receiving a claim to the final decision. Specialists on our platform offer:
- Administrative Disputes: Appealing fines imposed by the Personal Data Protection Service or other regulators in court (e.g., for failure to report an incident or lack of security measures).
- Civil Litigation (Damages): Defending the company against lawsuits from clients or partners seeking compensation for material and moral damages caused by a data breach.
- Recourse Lawsuits: Suing IT service providers or software vendors if the incident was caused by their negligence or a product defect.
- Representation in Criminal Cases: Protecting the company's interests as a victim in ongoing proceedings against hackers or dishonest employees.
- Presentation of Digital Evidence: Translating logs, audit trails, and forensic reports into legal language and presenting them as evidence in court.
Practical example: A bank falls victim to a phishing attack, and clients lose funds. Clients sue the bank claiming damages, arguing the bank lacked adequate protection. The lawyer's task is to prove that the bank exercised "Due Care" and the incident was caused by client negligence (sharing passwords). Another scenario: A company is fined 500,000 GEL by the Data Protection Inspector. A lawyer can appeal the fine amount or reclassify the violation as less severe by proving the company acted in good faith.
The legal basis for disputes lies in the Civil Code of Georgia (damages), the Code of Administrative Offences, and special laws (Law on Personal Data Protection, Law on Information Security). Judicial practice shows that judges pay close attention to whether the company had implemented international standards (e.g., ISO 27001). Compliance with these standards is often used as evidence of "reasonable care."
Working with a lawyer begins with reviewing case materials and technical audit results. The lawyer formulates a defense strategy, prepares counterclaims and motions. Appointing an expert examination to determine the real cause of the incident is particularly important. Qualified defense significantly reduces a company's financial liability.
Legal.ge gives you access to lawyers experienced in handling technological disputes. A cyber dispute is not an ordinary court process; it requires a synthesis of code and law. Protect your rights in court with the help of our experts.
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