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More and more companies are being subjected to cyberattacks. To effectively respond to this criminal phenomenon, it is essential to be prepared, meaning making sure you have solid evidence to build a criminal case.
The practice of criminal law has demonstrated that many cybercrime cases brought before Romanian criminal investigators are closed in the criminal investigation phase. This is due partly to a lack of expertise in dealing with cybercrimes and partly to improper or insufficient evidence collected in advance by the parties, which is critical for the investigation.
When confronted with a cybersecurity incident, a company must be prepared to have at least five pieces of evidence essential for obtaining prosecution prosecuting criminals and recovering damages.
Digital evidence is volatile and any improper handling can alter it. Companies therefore need to follow well-established protocols to ensure that such data are not modified during handling.
Based on specific protocols here is the evidence needed:
In addition to regular training programmes to prevent cybersecurity incidents and ensure a prompt response in the event of a cyberattack, relevant employees should be trained on how to promptly and effectively contribute to the preservation of evidence that the company can use in a criminal case.
By preparing this evidence in advance, the affected companies will increase the chances of successfully prosecuting and convicting cybercriminals, and maximising their chances of recovering damages.
author: Magdalena Roibu
Managing Attorney at Law