Software Makers May Face Greater Liability in Wake of MOVEit Lawsuit
Makers of vulnerable apps that are exploited in wide-scale supply chain attacks need to improve software security or face steep fines and settlement fees.
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Background for this topic.
A fine is a monetary penalty imposed by a competent authority or court for violating a law, regulation, or legally binding requirement. In information security and privacy, it may follow inadequate safeguards for personal data, unlawful processing, failure to meet required reporting or record-keeping duties, or non-compliance with sector-specific controls. The legal basis, maximum amount, and factors such as severity, duration, negligence, cooperation, and remediation vary by jurisdiction; a fine is generally punitive rather than compensation for affected parties.
For security practitioners, a fine signals that controls and security decisions may be examined as evidence of compliance. Maintain documented risk assessments, access reviews, patching decisions, supplier oversight, logging, and retention practices, especially where they protect regulated data. During an incident, preserve relevant records and establish an accurate timeline for containment, notification, and remediation. Privacy requirements such as data minimization and retention limits can therefore be security controls as well as legal obligations. A fine does not by itself establish that a particular attack or breach occurred.
Makers of vulnerable apps that are exploited in wide-scale supply chain attacks need to improve software security or face steep fines and settlement fees.
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