Cybercrime & Online Safety
“BCL have unique practitioner insight on a range of national security and law enforcement powers and are not afraid to take the hard cases.”
Legal 500
BCL advises in relation to a wide variety of cybercrimes including the misuse of computers and social media, offences relating to personal data, investigatory powers and national security crimes, as well as intellectual property offences.
In relation to online safety, BCL advises communications platforms including with regard to online intermediary liability and guidance issued by regulators including the Information Commissioner (ICO).
Our work encompasses advice to start-up companies, SMEs and larger corporates wishing to navigate a path through existing and proposed information laws/regulation as part of their business activities. We also advise and represent those suspected of involvement with cybercrimes, including company directors and other individuals.
The key legislation with which we deal in the field of cybercrime and online safety includes the Computer Misuse Act 1990, the Malicious Communications Act 1988, the Communications Act 2003, Data Protection Act 2018, the Investigatory Powers Act 2016, the Official Secrets Act 1989, the Copyright Designs and Patents Act 1988, and the Electronic Commerce (EC Directive) Regulations 2002.
Our expertise
The services provided by our cybercrime / online safety specialists include:
- advising on and defending allegations of computer misuse offences, including unauthorised access, computer impairment, and the supply/acquisition of articles for computer misuse;
- advising on the misuse of communications networks (malicious communications and improper use of electronic communications networks);
- representing individuals under investigation for criminal breaches of the data protection legislation (unlawful obtaining / ‘blagging’, unauthorised re-identification, and alteration of personal data to prevent its disclosure);
- providing advice on liability for offences under the investigatory powers legislation, including provisions relating to interception and unauthorised disclosure;
- defending offences relating to the disclosure of confidential information, including unauthorised disclosure of official secrets, theft, and misconduct in a public office);
- advising on liability for criminal offences relating to copyright and trademarks; and
- providing advice to online service providers in relation to liability for prohibited content, including proposed online safety legislation and forthcoming regulation.
Our experience
Our recent instructions in the field of cybercrime / online safety have included:
- advising a fintech company on the impact of data protection and computer misuse legislation on its software offering;
- co-ordinating a multi-party investigation on behalf of the victim of a computer ‘hack’, including liaising with specialist law enforcement authorities;
- advising a social media platform in relation to suspected online publication offences by its users;
- representing individuals under investigation by ICO for unlawful obtaining of personal data;
- assisting a technology company undertake an internal investigation into suspected commercial espionage following the unauthorised disclosure of confidential information by current and former employees;
- providing advice to an SME in relation to the copyright implications of external training materials; and
- advising an online platform regarding intermediary liability for online child safety offences under existing and proposed legislation
What the directories say about us for this area:
”They are stellar: always committed to the clients’ best interests and never letting up until they have achieved the best possible outcome.”
Chambers & Partners (2022)
”The firm’s reputation is second to none in the white-collar crime world. It has been at the top of its game for decades.”
Chambers & Partners (2022)
”The firm’s reputation is second to none in the white-collar crime world. It has been at the top of its game for decades.”
Chambers & Partners (2022)
”Their expertise goes further than knowledge of law and regulations and extends into the praxis of the use of State power and how to counter its abuse.”
Legal 500 (2022)
”A firm with a well-deserved reputation for quality.”
Legal 500 (2022)
”BCL is one of the very few firms that is able to properly advise clients in the area where data protection issues overlap with the criminal law. Most data protection specialists don’t know anything about the criminal law and most criminal lawyers don’t know anything about data protection – what they offer is therefore unique.”
Legal 500 (2021)
Related Services
Data Protection
BCL advises individuals, SMEs and corporates on the rights and obligations arising under UK data protection and information security legislation.
Surveillance & Interception
BCL’s knowledge of surveillance and interception law is unrivalled, drawing on the outstanding experience of the former Director of Legal Affairs at GCHQ, Michael Drury. The main focus of the team’s work is the UK’s complex investigatory powers legislation and associated Codes of Practice laws which govern access to electronic and other information by law enforcement authorities and the security services.
Cross Border Crime
The investigation and prosecution of business crime is progressively international in scope. Frequently, our clients face the prospect of having to deal with enforcement action taking place simultaneously in multiple jurisdictions by multiple agencies (both criminal and regulatory)…