Management and cyber attacks: Liability and responsibility.

Cyber attacks are one of the biggest challenges for companies. The role of management is central to this: they are responsible for IT security and risk management. But what happens if an attack occurs and data is lost? In this article, we shed light on the liability of management in the event of cyber attacks, legal principles and preventive measures.

Legal basis: The duty of care of the management

According to § 43 GmbHG and § 93 AktG, managing directors are obliged to exercise the diligence of a prudent businessman. This means:

Establishing and maintaining an effective IT security management system
Regular risk analyses and security checks
Training employees in dealing with cyber risks

Failures in these areas can lead to personal liability if they result in damage to the company.

Liability risks in the event of cyber attacks

If a cyber attack is made possible by inadequate security precautions, this can have legal and financial consequences for the management:

Civil liability: For damages suffered by the company or third parties
Criminal liability: For breaches of data protection or IT security laws
Loss of reputation: Negative impact on the company and personal career
Beweislastverteilung und Haftungsbegrenzung

In the event of a cyberattack, the company must first prove that the management has breached its duties. In order to exonerate itself, the management must prove that:

An effective IT security management system has been implemented.
Regular security updates and audits have been carried out.
Preventive measures, such as backup systems and firewalls, were in place.

Tip: Document all security measures comprehensively so that you can prove compliance with your duty of care in the event of an emergency.

Preventive measures for managing directors

To minimize liability risks, managing directors should:

develop an IT security plan: A comprehensive plan to identify and defend against cyber threats is essential.
promote employee training: Regular training increases cyber security skills within the company.
take out insurance: Cyber insurance can cover damage caused by attacks.
involve external experts: IT service providers and auditors can uncover and close vulnerabilities.

Summary of the most important points:

Managing directors are responsible for IT security in the company.
Failure to do so can have consequences under civil and criminal law.
Complete documentation of measures is crucial to minimize liability risks.

Further information on manager liability and insurance cover can be found here.

The liability of management in the event of cyber attacks should not be underestimated. Breaches of due diligence can have serious consequences that can be avoided by taking preventative measures.