Boss, our data is in Russia – a case-based study of employee criminal liability for cyberattacks
Luca Brunoni 🗣 | Olivier Beaudet-Labrecque 🗣 | Renaud Zbinden
This presentation discusses employee liability in the context of cyber-attacks, with a focus on ransomware cases. We aim to present a series of case studies in which we detail cyberattacks committed against private and public actors: we analyze the possible behavior and involvement of employees, identify the applicable criminal law rules, and evaluate whether the employees can be held directly liable. We also touch on the topic of civil liability in relation to the damages caused by the attack. Although our case studies will be presented though the scope of Swiss law, a comparative approach focused on legal solutions from other countries, such as France and the US, will also be included.