Category: Cybersecurity

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Cybersecurity Liability of the management Technology- & IT-Law

The new EU product liability landscape for software, AI and open source

European product liability law is being quietly but fundamentally rewritten. Software, AI systems and open source components move from the periphery into the legal core of what counts as a “product”, while cyber security and lifecycle management become part of the defect analysis. For management and engineering teams this means that software composition, open source usage and SBOM can no longer be treated as purely technical housekeeping; they are now part of the liability model.​

This article outlines the key elements of the new regime, explains how software, AI and open source are treated, and shows why SBOM and the Cyber Resilience Act (CRA) will be central in practice.

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Cybercrime Cybersecurity

Cyber pirates: Does the US want to legalize malicious hackers?

Return of letters of marque: The US may be on the verge of taking an unprecedented step in the fight against cybercrime: With the Scam Farms Marque and Reprisal Authorization Act of 2025, Congress wants to revive a centuries-old instrument – letters of marque and reprisal, also known as letters of marque. Historically, these allowed private ship owners to capture enemy merchant fleets on behalf of their country.

Now, cyber pirates are to be given similar rights to combat foreign hackers, fraud networks, and state-sponsored cybercriminals. But what at first glance appears to be an innovative solution turns out, on closer inspection, to be a highly controversial undertaking that raises profound legal, ethical, and strategic questions.

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Cybersecurity Liability of the management Technology- & IT-Law

Drone defense in German law

On September 26, 2025, drones once again made headlines: Denmark’s Aalborg Airport had to close its airspace for nearly an hour, and two flights were canceled. The Danish government speaks of hybrid attacks intended to spread fear. In Germany, too, Russian drones have been increasingly spotted since the Ukraine war, monitoring military transport routes and NATO bases. Both countries are stepping up their defense measures—but who is actually allowed to shoot down drones, and under what conditions?

The recent incidents demonstrate how drones have become tools of hybrid warfare. While Denmark plans to introduce new technologies for detection and neutralization, the question arises: How far can defense measures go, and who is responsible for them?

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Cybersecurity Liability of the management Technology- & IT-Law

Civil Litigation in Germany: Structure, Principles, and Procedural Particularities

Civil litigation in Germany is governed by the Zivilprozessordnung (ZPO), the Code of Civil Procedure, which reflects a long-standing tradition of formalized yet efficient dispute resolution. For readers from common law jurisdictions, the German system may appear unfamiliar at first glance: it is highly codified, judge-led rather than party-driven, and marked by specific procedural formalities that shape the course of a case.

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Cybercrime Cybersecurity

Understanding cyber diplomacy as a strategic necessity

Cyberwar, cybercrime and the new geopolitics of digital sovereignty: the digital sphere is no longer just a technological terrain, but a battlefield of geopolitical interests. States are vying for influence, companies for market share and non-state actors are using cyberspace as an arena for espionage, blackmail and even digital sabotage – one reason why I keep returning to this topic.

I was interested to read the “Handbook for the Practice of Cyber Diplomacy“, published by leading experts in the field, which sheds light on the increasing importance of diplomatic strategies in cyberspace. It provides both a historical context and a pragmatic analysis of existing diplomatic mechanisms by which states attempt to bring order to a digitally fragmented global system riddled with power interests.

This is about far more than just cybersecurity: it is about power projection, economic dominance and the question of who sets the rules in the digital space.

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Cybercrime Cybersecurity

Israel and Iran: Cyber Espionage, Cyber Warfare and Cyber Defense in Comparison

Cyber Espionage, Cyber Warfare and Cyber Defense in Comparison: When discussing cyber power in the Middle East, Israel and Iran inevitably stand at the center of any serious analysis. Both states have systematically developed significant cyber capabilities over the past two decades, yet they pursue them under very different conditions, with distinct strategic objectives and with varying levels of technological integration.

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Cybercrime Cybersecurity

Israel: Cyber Espionage, Cyber Warfare and Cybersecurity

In the international context, Israel has established itself over recent decades as one of the leading actors in the digital realm. This position is shaped by historical security doctrines, institutional innovation and a close integration of state, military, industry and research, which together enable Israel not only to defend against cyber threats but also to project power proactively in cyberspace.

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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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