Las demandas colectivas en protección de datos y pleitos financiados por terceros como nuevo ciberriesgo

Abstract

The most recent cybersecurity directives regulate the possibility to demand compensation from the responsible entities, as well as the liability of the administrators of the companies affected by security incidents that cause damage to those affected. In addition, Europe has regulated collective lawsuits for the defence of consumer interests, while some pronouncements recognise that non-compliance with this type of regulation can be considered an infringement of unfair competition regulations, allowing the consumers and competitors to file civil proceedings. This has led to the proliferation in Europe of entities specialized in financing lawsuits against companies that violate cyber regulations, which is a huge challenge for the compliance areas of companies, and an increase in the risk of litigation for any company.