Cyber incidents, whether caused by external attackers or internal employees, present immense challenges to companies. In addition to ensuring business continuity, the forensic analysis of such incidents is essential to minimize damage, identify perpetrators, and collect legally admissible evidence. However, IT forensics operates in a highly complex legal environment. Companies must closely align legal requirements and technical capabilities not only to close security gaps but also to prevail in potential legal disputes.
The pressing questions are: How can incidents be clarified, perpetrators identified, and all legal requirements met at the same time? IT forensics provides essential tools but is not solely a technical discipline. It requires a precise interplay of technology, law, and organizational measures. Management, in particular, is responsible for creating an environment in which IT forensic measures can be implemented effectively and in compliance with the law—ideally before an incident occurs. This article highlights the legal aspects of IT forensics, from threat analysis to securing evidence that is admissible in court.
