publication, we addressed the subject of risk management. This article will focus on one particular type of risk digital risk. Firms' IT systems can be breached both from the inside and from the outside. For example, breaches can come from a network attack (hacking, distributed denial of service [DDoS]), viruses (Trojan horse, time bombs, worms), cybercrime, human error, a failure of the IT provider or power failure. The consequences for an enterprise can be serious inaccessibility of the network, loss or theft of (part of) the computer system, data destruction, data manipulation, leaking of confidential information or personal data and related privacy issues. What are the legal options to manage these consequences and to ensure the continuity, security and privacy of the network and information systems of the company? owners will immediately think of the security of the software and the quality digital risks and manage any potential negative effects in advance by means of good information and communications technology (ICT) contracts. maintenance and operation of the network system, data processing and data storage) the company will conclude contracts with different ICT suppliers (providers, cloud servers, big software providers, such as Microsoft, Apple and Google). These contracts are often standardized. However, an enterprise does not have to accept such standard contracts unreservedly, and it is advisable to negotiate the contents of such contracts. The contract has to provide clarity for both parties on several basic things: Who is responsible for what? Who has the power to do what? And what are the rights and duties of the parties involved in the service chain? Here, it is vital to observe the liability for claims of clients or third parties. an experienced lawyer who serves as outside corporate counsel for both domestic and foreign businesses in the retail and IT sectors. He deals with business formation and reorganization, corporate governance, employment issues, real estate and all aspects of liability and contract law. Reimersbeek 2 1082 AG Amsterdam Netherlands +31.20.301.56.78 Fax russell.nl |