Cybersecurity Law

Who are the subjects of critical information systems in Georgia?

The law identifies three categories of subjects, including government agencies, banks, insurance companies, telecom operators, and other organizations whose smooth operation is vital for the country's security and economy.

How soon must I report a cyber incident to the regulator?

According to the Law on Personal Data Protection, the Personal Data Protection Service must be notified no later than 72 hours after discovering the incident. Different deadlines may apply for other regulators (e.g., the National Bank).

Is having a cybersecurity policy mandatory for all companies?

It is not explicitly mandatory for all, but any organization processing personal data is required to implement "appropriate technical and organizational measures," which effectively implies the existence of a security policy.

What is a director's liability in case of a data breach?

A director may face administrative liability (fines) and civil liability for damages. In cases of severe consequences, criminal liability for professional negligence may also arise.

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Cybersecurity Law and Compliance in Georgia

In the modern digital era, where business processes and government services are fully integrated into the online space, cybersecurity is not merely a technical challenge; it is a critical legal field governing the protection of information systems, data security, and cybercrime prevention. Cybersecurity law in Georgia is a rapidly developing sector aimed at protecting subjects of critical information systems, private companies, and citizens from digital threats. For organizations, especially those processing large amounts of data or representing critical infrastructure, ignoring legal requirements can lead to severe financial penalties, reputational damage, and even criminal liability.

Legal services in cybersecurity involve a comprehensive approach ensuring an organization's full compliance with Georgian legislation and international standards. This service covers:

  • Legal Audit and Compliance: Reviewing an organization's existing policies and procedures for compliance with Georgian law, identifying gaps, and providing recommendations.
  • Consulting for Critical Information System Subjects: Assisting legally defined subjects (banks, telecommunications, government agencies) in fulfilling specific obligations.
  • Development of Internal Regulatory Documentation: Legal drafting of information security policies, incident response plans, and employee codes of conduct.
  • Cyber Incident Legal Management: Crisis management in the event of a cyberattack or data breach, liaison with regulators, and management of claims from affected parties.
  • Third-Party Relationship Regulation: Precise drafting of cybersecurity obligations and liabilities in contracts with contractors and IT service providers.
  • Legal Liability Training: Educating management and staff on the legal aspects of cyber hygiene.

In practice, it is common for a company to fall victim to a cyberattack (e.g., ransomware), resulting in the suspension of business activities and the loss of client personal data. In such cases, the company faces a double blow: technical losses on one hand, and legal liability before the Personal Data Protection Service and client lawsuits on the other. Critical infrastructure subjects also frequently face issues during audits if their documentation does not comply with the national adaptation of ISO 27001 standards. Another common scenario involves an employee misappropriating trade secrets or databases, requiring immediate legal response and proper preservation of evidence.

The main regulatory act for cybersecurity in Georgia is the Law of Georgia on Information Security, which defines subjects of critical information systems and their obligations. Additionally, the Law of Georgia on Personal Data Protection is crucial, imposing strict requirements on data security and incident reporting timelines. From a criminal perspective, the Criminal Code of Georgia (Articles 284-286) establishes liability for unauthorized access to computer systems and data interference. Issues of administrative and civil liability are regulated by the General Administrative and Civil Codes.

Working with a lawyer begins with a Legal Risk Assessment. The specialist analyzes your company's status (whether you are a critical subject) and relevant obligations. The next stage involves organizing documentation and drafting procedures. In the event of an incident, the lawyer ensures that notifications are sent to relevant agencies (Personal Data Protection Service, Operational-Technical Agency) within the legally established timeframes (e.g., 72 hours) and defends the company's interests against potential fines.

Legal.ge offers access to qualified lawyers with deep knowledge of cyber law and IT regulations. Cybersecurity is not just the responsibility of the IT department; it is a legal obligation, failure of which can destroy a business. Protect your organization from legal risks with the help of experts on our platform.

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