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Cyber fraud: a question of trust

24 November 2017
Issue: 7771 / Categories: Features , Data protection , Criminal
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Robin Barclay explains why the cyber fraud landscape is on par with the Libor & Forex scandals

Cyber fraud is without doubt the biggest commercial and legal threat now facing businesses and individuals around the world. Attacks are typically carried out in four ways: (i) the corruption or coercion of staff (inside jobs); (ii) the use of malware to hijack a corporate computer network; (iii) the hijacking of computer systems used by third party suppliers; and (iv) ‘phishing’ scams. The risk is interdependent, local and cross-border, commercial, financial and personal to virtually each one of us. Adequate and effective corporate governance and risk management arrangements are thus paramount. This article explores the intersection of English criminal, regulatory and civil liabilities and remedies in connection with cyber fraud and how cyber attacks will inevitably generate financial penalties and litigation matching those of the global Libor and Forex scandals.

Differentiating cyber crime from cyber fraud

Cyber crime is any crime which involves the use and misuse of computers or computer technology. Cyberfraud is specific to fraudulent

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Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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