Phishing and Internet fraud: protect your rights

Phishing and Internet fraud are increasingly common risks in our digital world. Attacks are becoming increasingly sophisticated and target both individuals and businesses. As a law firm with unparalleled expertise in cybercrime and data protection, we offer tailored legal support to protect your rights, instilling confidence and reassurance in our clients.

Have you experienced phishing or internet fraud, or do you want to improve the security of your organization? Read on to find out how we can help you.

What is phishing?

Phishing is a specific form of Internet fraud in which criminals impersonate trusted entities, such as banks or companies, to steal personal or financial information from victims. This is usually done through emails, text messages, or fake websites, with the aim of obtaining login details, credit card numbers, or other sensitive data. Phishing can lead to identity theft, financial losses, and reputational damage.

What is internet fraud?

Internet fraud is a broader term for any scam that takes place over the Internet. This ranges from selling fake products through online shops to hacking into bank accounts and ransomware attacks. These forms of fraud can have devastating consequences for both individuals and businesses, highlighting the urgent need for legal protection.

Characteristics of phishing messages

Urgency or threat: Messages often create a sense of urgency, such as “your account has been blocked” or “you must take action within 24 hours.”
Unexpected attachments or links: Phishing messages often contain attachments with malware or links to fraudulent websites.
Vague or inaccurate language: Spelling mistakes and inaccurate company names may indicate a phishing attempt.

Targets of phishing and internet fraud

Identity theft: Attackers try to obtain personal information such as citizen service numbers, login details, or credit card numbers.
Financial theft: Phishing can lead to financial losses when attackers gain access to bank accounts.
Accessing corporate networks: Attacks can target companies to obtain sensitive corporate information or install ransomware.

Legal frameworks

Phishing falls under the General Data Protection Regulation (AVG) in Europe, meaning companies are obliged to protect their customers’ personal data. When a data breach occurs due to phishing, companies can face heavy fines if they are found to have taken insufficient measures. In addition, perpetrators can be criminally prosecuted under the Computer Crime Act. This law equates phishing with deception and fraud by electronic means, which can lead to severe penalties for perpetrators.

Are you a victim of phishing?

Are you a victim of phishing? You can take legal action to recover damages from the perpetrator, provided they can be identified, or from a negligent organization if they have not taken adequate security measures. Law & More can help you with this.

Corporate responsibility and legal protection against internet fraud

Companies are responsible for implementing adequate security measures to prevent phishing and other Internet fraud. This can range from two-factor authentication to training staff in recognizing phishing attacks.

Law & More helps companies with:

Assessing legal compliance with the AVG;
Drafting policies and measures to protect against cybercrime;
Defending against legal liability in case of attack.

Has your company experienced a data security breach, or do you want to make sure your business is adequately protected from phishing? Contact us for legal advice on how to proceed.

How can you prevent phishing and internet fraud?

Prevention is better than cure. Here are some practical tips to help you avoid phishing and internet fraud:

Use strong passwords
Choose unique, long passwords for each account and, where possible, use a password manager to manage them.
Two-factor authentication (2FA)
Add an extra layer of security by activating two-factor authentication on your accounts. This makes it much harder for criminals to gain access even if they know your password.
Be vigilant with emails and messages
Do not open suspicious emails, attachments or links. If something seems too good to be true or suggests urgency for no reason, it may be a phishing attempt.
Check the URL of websites
Make sure you only enter confidential information on secure websites (the URL should start with “https”). Phishing websites may look like genuine sites, but small discrepancies in the URL may be a clue.
Learn to recognise phishing
Make sure you and your staff are properly trained in recognising phishing attacks. Regular cyber security training can make all the difference.
Use security software
Install antivirus and anti-malware software and keep them up-to-date to protect your devices from cyber attacks.

International cooperation and legal complexity

Phishing attacks are often cross-border, making tracking and prosecuting perpetrators difficult. For example, attackers may use servers in one country to send emails to victims in another country. At the same time, the stolen data is stored or processed in yet another country. As phishing operations occur in several countries, it is often unclear which country is in charge of detection or prosecution.

International organizations such as Interpol and Europol play a crucial role in coordinating operations against phishing. International legal mechanisms, such as the European Convention on Mutual Assistance in Criminal Matters, allow evidence to be legally shared between countries.

Is your company facing international phishing attacks? We offer legal assistance in cross-border cases.

Current developments in phishing and internet fraud

Phishing methods are constantly evolving. Some trends we see emerging:

Spear-phishing: Targeted attacks on specific individuals or companies, often using personal information to make the attack more credible.
Phishing via social media: Attackers use social platforms such as Facebook and LinkedIn to carry out targeted attacks.
Smishing (SMS Phishing): Phishing attacks via text messages, luring victims to fraudulent websites.

Does your company need cyber security advice? We can help you mitigate legal risks.

Conclusion

Phishing and Internet fraud continue to evolve and pose a severe threat to both individuals and businesses. It is essential to know how to protect yourself legally and what steps to take if you have become a victim. Our law firm is ready to help you every step of the way, from prevention to legal action against cybercriminals.

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