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, National Security Act 2023, Online Safety Act 2023, Official Secrets Act 1989, Malicious Communications Act 1988, Communications Act 2003, Data Protection Act 2018, Investigatory Powers Act 2016, 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 online safety legislation, encryption, 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.
