Solicitor for Cybersecurity Law in Dublin

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Cybersecurity Law in Ireland: Navigating the Legal Framework in a Digital Age

In today’s increasingly digital world, cybersecurity has become one of the most critical areas o...

Cybersecurity Law in Ireland: Navigating the Legal Framework in a Digital Age

In today’s increasingly digital world, cybersecurity has become one of the most critical areas of concern for businesses, governments, and individuals. As the reliance on the internet and digital technologies grows, so does the need to ensure that systems and data are adequately protected from cyber threats. In Ireland, cybersecurity law plays an essential role in safeguarding against data breaches, hacking, and other cyber-related offenses. Understanding the key aspects of cybersecurity law is vital for individuals and organisations seeking to comply with regulations and mitigate risks.

What is Cybersecurity Law?

Cybersecurity law refers to the set of legal frameworks, rules, and regulations designed to protect digital infrastructure, networks, systems, and data from cyber threats. These laws govern how personal and sensitive data should be handled, the responsibilities of organisations in protecting their digital assets, and the penalties for failing to comply with cybersecurity regulations.

In Ireland, cybersecurity law is influenced by both domestic regulations and international standards, with the European Union playing a significant role in shaping cybersecurity legislation. The most notable regulation is the General Data Protection Regulation (GDPR), which impacts data privacy and security practices. Ireland, as a member of the EU, is bound by these regulations, which have strong implications for businesses operating in the digital space.

Key Components of Cybersecurity Law in Ireland

  1. General Data Protection Regulation (GDPR)

The GDPR, which came into force in May 2018, is one of the most comprehensive data protection regulations in the world. It applies to all organisations that handle personal data of EU residents, regardless of where the organisation is based. The GDPR imposes strict requirements on how data is collected, stored, processed, and secured. Non-compliance with GDPR can result in substantial fines, up to 4% of global turnover or €20 million, whichever is higher.

Some of the key cybersecurity-related provisions under the GDPR include:

  • Data Breach Notification: Organisations must notify the Data Protection Commission (DPC) and affected individuals of a data breach within 72 hours if it is likely to result in a risk to the rights and freedoms of individuals.
  • Data Protection by Design and by Default: Organisations are required to implement appropriate technical and organisational measures to ensure data protection is integrated into their systems and processes.
  • Data Security: The GDPR requires organisations to ensure the confidentiality, integrity, and availability of personal data by taking measures to protect it from loss, alteration, or unauthorized access.
  1. The Network and Information Systems Directive (NISD)

The NISD is an EU-wide directive designed to enhance cybersecurity across the European Union. It requires operators of essential services, such as energy, transport, banking, healthcare, and digital infrastructure, to take appropriate security measures and report incidents that affect the continuity of their services. In Ireland, the NISD is transposed into national law through the Security of Network and Information Systems Regulations 2018.

Key provisions of the NISD include:

  • Risk Management: Operators of essential services must assess the cybersecurity risks they face and implement measures to mitigate these risks.
  • Incident Reporting: In the event of a significant security incident, organisations must report the breach to the national authority, such as the Garda National Cyber Crime Bureau (GNCCB), and take steps to mitigate the impact.
  1. The Criminal Justice (Cybercrime) Act 2017

The Criminal Justice (Cybercrime) Act 2017 is a significant piece of legislation in Ireland that addresses cybercrime and the legal consequences of committing cyber offenses. The Act criminalises offenses such as hacking, cyberbullying, identity theft, and the distribution of malicious software. It also provides the legal framework for the investigation and prosecution of cybercriminals.

Under this Act, penalties for cybercrime offenses can range from fines to imprisonment, depending on the severity of the offense. Some of the key provisions of the Act include:

  • Unauthorized Access to Computer Systems: It is an offence to gain unauthorized access to computer systems, data, or networks.
  • Cyberbullying and Harassment: The Act criminalises the use of digital platforms to bully, harass, or threaten individuals.
  • Malicious Software: The distribution or creation of malware with the intent to damage or compromise data is punishable under the Act.
  1. Data Retention and Law Enforcement Access

Cybersecurity laws also address the retention of data and the ability of law enforcement agencies to access data for investigative purposes. Under the Criminal Justice (Terrorist Offences) Act 2005 and other related laws, telecommunications providers and internet service providers (ISPs) are required to retain certain data for a specified period to aid in criminal investigations.

Law enforcement agencies, such as the Garda Síochána, may request access to this retained data during investigations of cybercrimes or other serious offenses. However, access to such data is subject to strict legal requirements, including judicial oversight, to protect individual privacy rights.

Key Cybersecurity Risks in Ireland

  1. Data Breaches

Data breaches are one of the most common cybersecurity risks that organisations face. A breach occurs when unauthorized access to personal, sensitive, or confidential data is gained. This could be through hacking, phishing attacks, or insider threats. Under the GDPR, organisations are required to take proactive steps to prevent data breaches and respond quickly if one occurs.

  1. Phishing and Social Engineering Attacks

Phishing is a form of social engineering where cybercriminals trick individuals into revealing personal or sensitive information. These attacks often take the form of fraudulent emails or websites that appear legitimate. Cybersecurity laws require organisations to educate employees about phishing and implement measures to prevent such attacks, including email filters and two-factor authentication.

  1. Ransomware

Ransomware is a type of malicious software that encrypts a victim’s data, making it inaccessible unless a ransom is paid. This type of cyberattack is on the rise, and businesses must implement strong cybersecurity measures to prevent and mitigate the impact of ransomware attacks. Ireland’s cybersecurity laws require organisations to adopt best practices in security and incident response.

  1. Supply Chain Vulnerabilities

In a globalized economy, businesses often rely on third-party vendors for products, services, and digital infrastructure. Supply chain vulnerabilities can pose significant risks to cybersecurity, as a weakness in one link of the chain can compromise the security of the entire system. Organisations must ensure that their supply chain partners adhere to cybersecurity standards and regulations.

When Should You Consult a Solicitor Regarding Cybersecurity Issues?

  1. If Your Business Is Breached or Suspected of Being Compromised
    If your company has been the victim of a cyberattack or data breach, it is crucial to consult a solicitor immediately. A solicitor can guide you through the reporting process, help you comply with legal obligations such as notifying affected individuals, and advise you on the best course of action to mitigate damages.
  2. When You Need to Understand Compliance Obligations
    Understanding your obligations under GDPR, NISD, and other relevant legislation can be complex. If you are unsure about how to comply with cybersecurity laws, consulting a solicitor with expertise in cybersecurity law can help ensure that your organisation meets its legal responsibilities.
  3. If You Are Facing Cybercrime Charges
    If you are accused of committing a cybercrime, such as hacking, identity theft, or data theft, it is essential to seek legal advice as soon as possible. A solicitor can help you understand the charges, assess the evidence against you, and develop a defense strategy.

Conclusion

Cybersecurity law in Ireland is an evolving and vital area of the legal landscape. With the rise of digital threats and the increasing amount of sensitive data being stored and transmitted online, understanding the legal requirements surrounding cybersecurity is crucial for businesses, individuals, and legal professionals alike. Compliance with cybersecurity laws such as GDPR, the NISD, and the Criminal Justice (Cybercrime) Act 2017 is essential to protect data, avoid penalties, and mitigate the risks associated with cybercrime.

If you are facing cybersecurity challenges or require legal guidance on compliance issues in Dublin or elsewhere in Ireland, consulting a solicitor with expertise in cybersecurity law can help you navigate the complex legal requirements and safeguard your digital assets.

About Lisa

Lisa is a Partner in our Public, Regulatory and Investigations team, specialising for over 10 years in Public Sector Law and sectoral regulation, including energy, financial services, data privacy, product and life sciences regulation.

Lisa provides practical and i...

About Lisa

Lisa is a Partner in our Public, Regulatory and Investigations team, specialising for over 10 years in Public Sector Law and sectoral regulation, including energy, financial services, data privacy, product and life sciences regulation.

Lisa provides practical and informed advice to public and regulatory bodies and those dealing with such bodies. This includes advising on what public and regulatory bodies can properly do, fair procedures and statutory interpretation, as well as on regulatory compliance, investigation and enforcement. It also includes advising on all types of public law litigation. Lisa also has a particular focus on Information Law, advising extensively on all aspects of access to, and disclosure of, information.

Clients appreciate Lisa's expert insight and succinct advice.

ljoyce@mhc.ie
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About Brian

Brian is a Partner on our Privacy and Data Security team. His focus is helping leading technology companies to manage large scale regulatory investigations, implement global privacy and data transfer programs, and launch new and innovative technologies in Europe.

Brian ...

About Brian

Brian is a Partner on our Privacy and Data Security team. His focus is helping leading technology companies to manage large scale regulatory investigations, implement global privacy and data transfer programs, and launch new and innovative technologies in Europe.

Brian provides companies with solutions to their privacy and data protection problems. He also has particular expertise advising companies throughout their engagement with regulators and law enforcement agencies, including helping them to navigate and resolve complex investigations and enforcement action.

Prior to joining us, Brian gained much of his experience with a leading technology firm in London and in-house at Samsung as its European Data Protection Officer. He also gained valuable experience working in the Irish Data Protection Commission a number of years ago. This diverse and varied experience means Brian has a strong understanding of the privacy and data protection challenges companies face and the pragmatic and commercial advice they need.

bjohnston@mhc.ie
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About Peter

Peter is a Dispute Resolution Partner. He advises domestic and international clients on complex commercial disputes, and contentious regulatory matters. Known for his commercially focused advice, Peter has extensive experience in advising clients on matters involving financial...

About Peter

Peter is a Dispute Resolution Partner. He advises domestic and international clients on complex commercial disputes, and contentious regulatory matters. Known for his commercially focused advice, Peter has extensive experience in advising clients on matters involving financial services litigation and shareholder disagreements.

Peter leads large-scale projects associated with all legal aspects of regulatory inquiries. In addition, he has comprehensive experience in matters involving expedited case management in the Commercial Court.

Peter advises professionals and their insurers in professional negligence claims and partnerships in various professions. He has wide-ranging experience in property disputes, and advises airlines, lessors and financiers on a range of contentious issues and disputes in the aviation sector.

pjohnston@mhc.ie
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About Peggy

Peggy is Partner in our Pensions team. Known for her pragmatic and solution-orientated advice, she has established herself as a leading Pensions expert. Peggy has advised on a wide range of pension matters and holds a professional Pension Trustee qualification.

Mo...

About Peggy

Peggy is Partner in our Pensions team. Known for her pragmatic and solution-orientated advice, she has established herself as a leading Pensions expert. Peggy has advised on a wide range of pension matters and holds a professional Pension Trustee qualification.

More recently Peggy has been appointed by various trustees to act as an independent expert under the terms of internal dispute resolution procedures. In these roles, Peggy has reviewed specific disputes and provided reports and commentary to facilitate the resolution of the disputes. She has also provided guidance on the future handling of disputes and engagements with pensions regulatory bodies.

Peggy has also written, spoken and lectured on pensions matters.

phughes@mhc.ie
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About Kevin

Kevin is a Consultant at Mason Hayes & Curran. Previously, he was Head of Financial Services and then Real Estate before becoming Chair of the firm. He served for many years on the firm’s Management Group. Now Kevin’s focus is on executive coaching and talent development at th...

About Kevin

Kevin is a Consultant at Mason Hayes & Curran. Previously, he was Head of Financial Services and then Real Estate before becoming Chair of the firm. He served for many years on the firm’s Management Group. Now Kevin’s focus is on executive coaching and talent development at the firm.

Kevin is a member of the boards of Sport Ireland, Mercy International Association and St Michael’s House Special National School Raheny. Kevin is Chair of Clontarf GAA, a member of the Governance Committee of Golf Ireland and he is the CODA Officer of the Dublin Ladies Gaelic Football Association.

khoy@mhc.ie
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About Michaela

Michaela is head of our Product Regulatory team. In addition, Michaela is Head of Life Sciences. She advises clients across a number of industries on regulatory compliance, product safety and product liability.

Michaela advises life sciences, technology, cosmetic an...

About Michaela

Michaela is head of our Product Regulatory team. In addition, Michaela is Head of Life Sciences. She advises clients across a number of industries on regulatory compliance, product safety and product liability.

Michaela advises life sciences, technology, cosmetic and consumer product clients on the regulatory framework applicable to their products and services throughout their life cycle. This includes advising clients on all issues they encounter on the EU market from R&D, marketing authorisations & CE marking, packaging, market access, product launch and marketing, through to safety issues, product recall and defending product liability claims. She is known in particular for her experience in working as EU counsel with a number of global technology and life sciences companies and advising them on their digital health strategies, with a particular focus on software medical devices and wearables.

Michaela also frequently advises clients on regulatory investigations by enforcement authorities. She has also overseen the implementation and coordination of high volume product withdrawals and product recalls, including rectification strategies, in multiple jurisdictions.

Michaela has also acted on behalf of clients in significant commercial disputes including judicial reviews and product liability class actions, particularly in the medical device industry. Her work is recognised internationally by clients, particularly her proactive and strategic approach. Michaela was named as the sole winner of the Lexology Client Choice Award for Life Sciences in Ireland in 2022 & 2023.

mherron@mhc.ie
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About Brian

Brian is Head of our Health and Prosecutions team. Brian advises on all aspects of Healthcare law, prosecutions and criminal law.

This often involves urgent advice or Court applications for protective orders or for medical treatment.

Brian has 20 years Court adv...

About Brian

Brian is Head of our Health and Prosecutions team. Brian advises on all aspects of Healthcare law, prosecutions and criminal law.

This often involves urgent advice or Court applications for protective orders or for medical treatment.

Brian has 20 years Court advocacy experience which gives a unique perspective on avoiding disputes where possible and preparing for and presenting cases where necessary.

Brian successfully advised a hospital in a 4 day remote Supreme Court action in which judgement was delivered in Jan 2021. The Special Rapporteur for Children described this case the most significant children's rights decision of Irish courts in 15 years.

bhorkan@mhc.ie
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About Liam

Liam is a Partner in the Competition & Antitrust team with first-rate experience advising on all aspects of EU and Irish competition law, digital regulation and the incoming Irish foreign investment screening regime. Liam specialises in merger control, cartels, abuse of dominan...

About Liam

Liam is a Partner in the Competition & Antitrust team with first-rate experience advising on all aspects of EU and Irish competition law, digital regulation and the incoming Irish foreign investment screening regime. Liam specialises in merger control, cartels, abuse of dominance, competition litigation and State aid.

Liam has considerable experience advising regarding complex merger control and foreign investment screening reviews at EU and national level, and multijurisdictional antitrust investigations concerning cartels and abuse of dominance. Liam also advises clients about complex competition litigation proceedings actions before the Irish courts.

He routinely advises on other behavioural and regulatory matters such as distribution systems, co-operation agreements, and joint ventures. Liam also has extensive experience advising on all aspects of EU State aid law.

Liam advises across a multitude of industries including technology; financial services; life sciences; consumer products; aviation; energy; and natural resources and media and telecommunications.

Prior to joining Mason Hayes & Curran LLP, Liam gained invaluable international experience having previously worked at leading antitrust and competition practices at Freshfields Bruckhaus Deringer LLP in Brussels and Gibson, Dunn & Crutcher LLP in London where he advised on global merger control transactions requiring multi-jurisdictional review and large-scale antitrust investigations and enforcement proceedings. Liam also previously worked as senior associate in the EU, competition and regulatory group at another leading Irish law firm advising on all aspects of EU and Irish competition law.

lheylin@mhc.ie
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About Jennifer

Jennifer is a Partner in our Healthcare & Medical team. Specialising in the defence of complex catastrophic injury cases, she is known for her ability to distil intricate and multi-layered claims into core and manageable matters.

Jennifer practices primarily in the d...

About Jennifer

Jennifer is a Partner in our Healthcare & Medical team. Specialising in the defence of complex catastrophic injury cases, she is known for her ability to distil intricate and multi-layered claims into core and manageable matters.

Jennifer practices primarily in the defence of medical malpractice High Court actions. She is a skilled litigator with extensive experience in handling high value medical negligence actions on an urgent and fast-tracked basis.

Jennifer represents several major Irish hospitals on the instruction of the Clinical Indemnity Scheme of the State Claims Agency. She also represents private clients to include pharmaceutical and clinical laboratory entities. Prior to joining the firm, Jennifer worked for a well-known international law firm where she acted for two of the largest private medical indemnifiers.

jhenry@mhc.ie
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About Laura

Laura is a Partner in our Dispute Resolution team and is Head of our Data Solutions Group.

Laura has significant experience in the end-to-end management of all aspects of document review projects including Regulatory Investigations, High Court and Commercial Court disc...

About Laura

Laura is a Partner in our Dispute Resolution team and is Head of our Data Solutions Group.

Laura has significant experience in the end-to-end management of all aspects of document review projects including Regulatory Investigations, High Court and Commercial Court discovery projects as well as Data Access Requests.

Laura has advised clients in the management of large-scale discovery projects in high-profile regulatory investigations and civil disputes for professional services firm and financial institutions. Laura advises clients on all aspects of document preservation, filtering and production and in the use of AI to identify evidence and adopt the most efficient approach to document reviews. Laura has advised clients extensively in the use of AI in both civil disputes and criminal investigations as well as in the context of Data Access Requests.

Laura has over 15 years of experience as a commercial litigator dealing with complex, high-profile cases in the Irish Commercial Court including professional negligence claims, contractual disputes and product liability claims.

lherangi@mhc.ie
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Questions and answers about Cybersecurity Law

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