header-logo header-logo

Cyber fraud: a question of trust

24 November 2017
Issue: 7771 / Categories: Features , Data protection , Criminal
printer mail-detail
nlj_7771_barclay

Robin Barclay explains why the cyber fraud landscape is on par with the Libor & Forex scandals

Cyber fraud is without doubt the biggest commercial and legal threat now facing businesses and individuals around the world. Attacks are typically carried out in four ways: (i) the corruption or coercion of staff (inside jobs); (ii) the use of malware to hijack a corporate computer network; (iii) the hijacking of computer systems used by third party suppliers; and (iv) ‘phishing’ scams. The risk is interdependent, local and cross-border, commercial, financial and personal to virtually each one of us. Adequate and effective corporate governance and risk management arrangements are thus paramount. This article explores the intersection of English criminal, regulatory and civil liabilities and remedies in connection with cyber fraud and how cyber attacks will inevitably generate financial penalties and litigation matching those of the global Libor and Forex scandals.

Differentiating cyber crime from cyber fraud

Cyber crime is any crime which involves the use and misuse of computers or computer technology. Cyberfraud is specific to fraudulent wrongdoing involving the use and misuse of a computer

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll