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Cybersecurity Liability of the management Technology- & IT-Law

Liability of Companies in Phishing and CEO Fraud Incidents

Legal Standards and Case Law on CEO-Fraud: Phishing and CEO fraud have become prominent tools in the arsenal of organized cybercrime. Increasingly, companies are not just targets but gateways through which substantial sums are misappropriated—often under the guise of legitimate internal instructions. The legal fallout is predictable yet complex: Who bears the financial loss when a manipulated employee executes a fraudulent payment? Can the company hold its bank liable, or does the responsibility fall on internal governance?

This article explores the legal framework governing the liability of phishing and CEO fraud victims, particularly from a civil law perspective. The analysis is grounded in recent German case law, interpreted within the context of the European PSD2 regime and modern organizational security obligations.

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Cybercrime Cybersecurity Liability of the management

Corporate Espionage in the Age of Digital Vulnerability: Strategic and Legal Imperatives for Global Leadership

The Resurgence of Espionage as a Business Risk: Economic espionage has returned—not as a relic of Cold War intrigue, but as a dominant, digitally enabled force in the contemporary global economy. What once occurred through shadows and surreptitious briefcases now unfolds across networks, supply chains, cloud infrastructures, and human behavior. With over 80% of companies in Germany alone reporting incidents of data theft, sabotage, or espionage in the past year, what we are witnessing is not a security crisis but a structural shift in the nature of competition.

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Cybercrime Cybersecurity

Cybercrime in North Korea and the threat to the cryptocurrency industry

North Korea is one of the main perpetrators of the growing threat to cyber security. At least since the attack on Sony Pictures in 2014, the country has been perceived as a major cyber player on the international stage. Since then, Pyongyang has used its hacking skills to circumvent international sanctions and steal funds.

Pyongyang was able to use the captured funds to finance the development of its nuclear and missile program. North Korea also uses cyber operations for (digital) espionage. The targets are wide-ranging: they are directed against universities, human rights organizations and media companies, create discontent or distrust through election fraud and attack critical national infrastructures. The increasing importance of North Korea in the area of cybercrime and cybersecurity is also the reason why we maintain a separate blog post on the topic here.

As an example, a study by Recorded Future’s Insikt Group paints an alarming picture of North Korean cybercrime. These activities, which have increased since 2017, target the cryptocurrency industry and have enabled North Korea to steal an estimated 3 billion dollars in cryptocurrencies.

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Cybercrime Cybersecurity

Iran’s cyber capabilities and hackers

In recent years, Iran has significantly expanded its cyber capabilities and is using them aggressively against Western states. These measures include a variety of attacks ranging from data theft to destructive cyberattacks. Iran’s cyber strategy reflects the country’s overall asymmetric warfare and demonstrates how Tehran uses its limited resources to achieve significant impact.

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Cybercrime Cybersecurity

Hacker activities and espionage from China

As digitalization progresses, the landscape of international security has changed considerably. The activities of state-supported hacker groups in particular are increasingly becoming the focus of global attention. One of these groups, which has become particularly prominent in recent years, operates from China.

These hackers, often directly or indirectly linked to the Chinese government, are known for their efforts to gain technological and economic advantages through cyber attacks. In this blog post, I will address the topic in a casual style.

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Cybercrime Cybersecurity

Russian hackers and their activities

Russian hacker groups are known worldwide for their sophisticated and far-reaching cyberattacks. These groups are often associated with state support and pursue a variety of objectives, including political manipulation, espionage, economic sabotage and disinformation. Their activities have a significant impact on global cyber security and pose a serious threat to state and private organizations.

The Russian hacker ecosystem is a complex and diverse network of actors, platforms and methods that is used for both financially motivated and state-sponsored cyber attacks. The close links between criminal actors and government agencies make this ecosystem particularly dangerous and difficult to combat. An effective defense against these threats requires a deep understanding of the structures and motivations within this ecosystem as well as international cooperation and robust cybersecurity measures.

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Criminal Defense Cybercrime Cybersecurity

The Criminal Liability of DDoS Attacks and Botnets under German Criminal Law

In the age of digital infrastructures, Distributed Denial of Service (DDoS) attacks and the use of botnets have become emblematic of modern cybercrime. While these acts are often discussed in technical or operational terms, their legal dimension—particularly under German criminal law—is both sophisticated and rigorous. This article provides a detailed legal analysis of DDoS attacks and botnets, grounded in German jurisprudence and supported by insights derived from current case law and cybercrime reports.

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Cybersecurity

Disinformation & AI: The influence of artificial intelligence on elections

In recent years, artificial intelligence (AI) has made enormous progress and developed into a powerful tool that can have both positive and negative effects on democratic processes. While AI has the potential to strengthen democracy and promote political participation, it also poses significant risks, especially in the context of elections.

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Cybercrime Cybersecurity

Cybersecurity: findings from the I-Soon data leak

In an increasingly networked world, cyber espionage is becoming a growing threat. A recently published paper by the German Federal Office for the Protection of the Constitution (BfV) sheds light on the structures and procedures of the APT units of the Chinese company i-Soon. This document, part 1 of the 4-part series “CYBER INSIGHT”, offers first valuable insights into the methods and strategies behind the industrialization of cyber espionage. There are now four parts with in-depth insights.

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Criminal Defense Cybercrime Cybersecurity Technology- & IT-Law

Current Overview of Hackbacks in Germany: Political Debates, Legal Status, and Planned Legislation

Hackbacks, also known as “active cyber defense,” involve measures where a cyber attack on IT systems is actively countered by attacking the target system of the attacker. The goal of a hackback is to stop the original attacker, restore data, or prevent further damage. This can involve infiltrating the attacker’s IT infrastructure, deleting malicious software, or even physically impairing hardware.