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Cybercrime Liability of the management Technology- & IT-Law

Protecting Trade Secrets in Germany: A Comprehensive Overview for U.S. and U.K. Companies

In Germany, the protection of trade secrets is governed by the German Trade Secrets Act (GeschGehG), which was enacted in 2019 to implement the EU Directive 2016/943 on the protection of undisclosed know-how and business information against unlawful acquisition, use, and disclosure.

This directive aims to harmonize the protection of trade secrets across the European Union, setting clear standards and requirements for companies. Before the implementation of the GeschGehG, the protection of trade secrets in Germany was primarily covered under §§ 17-19 of the Unfair Competition Act (UWG). The new law provides clearer guidelines and expands the scope of protection, particularly by defining what constitutes a trade secret and what actions companies must take to secure these protections.

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Cybercrime Cybersecurity Liability of the management

Strategies for ransomware negotiation

Is there a strategy for dealing with ransomware? Ransomware is a type of malware that blocks access to the victim’s system or data and demands a ransom to unlock or release it. Negotiations with cybercriminals over such attacks can be complex and risky.

Ransomware attacks are one of the biggest threats to companies worldwide: dealing with such crises correctly, especially negotiating with the attackers, can be crucial to minimizing the damage and regaining control. I am an atypical source of information here because I usually work as a lawyer for the attackers and therefore have completely different insights.

I would like to loosely explore the question of whether there can be fundamental strategic considerations on this topic. And indeed, based on current studies and practical experience, important insights can be gained and mistakes that can occur during negotiations can be avoided.

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Cybercrime

North Korean group LAZARUS – Security notice on cyber espionage activities

A joint security advisory from the BfV and NIS dated February 19, 2024 provides information on North Korean cyber espionage activities against the defense industry. North Korea focuses on stealing advanced defense technologies to strengthen its military.

The note contains tactics, techniques, procedures (TTPs) and indicators of compromise (IoCs) of the DPRK. It describes two cases of cyberattacks: a supply chain attack on a research center and social engineering attacks by the LAZARUS group. The recommendations emphasize preventive measures and raising awareness of such threats in the defense industry and other sectors.

Categories
Cybercrime

Darknet marketplace Kingdom Market closed

In an internationally coordinated operation, the server infrastructure of the illegal darknet marketplace “Kingdom Market”, which is spread across several countries, has been seized since December 16, 2023 and thus shut down.

Categories
Criminal Defense Cybercrime

EUGH: Prohibition of exploitation in case of insufficient possibility of defense

In the course of the current rulings on data retention, the EU Court of Justice (C-339/20 and C-397/20) has ruled in a further case on a certain handling in France. What appears on the surface to be a pure data retention issue turns out, on closer inspection, to be a potentially landmark decision for the German criminal justice system.

Categories
Criminal Defense Cybercrime

Criminal proceedings over cryptocurrencies in Germany

The fact that criminal proceedings arise in Germany because of cryptocurrencies has long since ceased to be a peculiarity. Many tax advisors take on the topic and solicit clients – but those who only think with the view of tax law can cost their clients a lot of money. In recent years, as a German criminal defense lawyer, I have regularly acted as a defender in criminal proceedings concerning cryptocurrencies – and can only urge caution.

Categories
Cybercrime

Bulletproof hosting targeted by international investigators

Cybercrime is changing more and more, not only in terms of the increasingly monetized and professionalized approach, but also in the investigators’ approach: Whereas in the past the focus was on perpetrators and also delimitable perpetrator structures, today, in my view, it is increasingly infrastructures that are the focus.