Enterprise security: legal challenges and possible solutions

Abstract

To survive in business, especially the online world, an enterprise requires an effective security infrastructure. However, enterprises should bear in mind that there is often also a legal obligation to keep certain data or information secure, emanating from legislation such as intellectual property, data protection or trade secret legislation or from contract. A number of technological measures already exist to provide security in the online world, such as encryption, electronic signatures and privacy enhancing technologies. However, one often encounters a number of legal constraints to the use of these measures through, for example, restrictions on the export and use of cryptography, difficulties and doubts of the legal recognition of electronic signatures, and different national rules on certification services. If electronic commerce is to grow, there is need for more international cooperation as well as mutual recognition of, and more liberalisation of, such regulations. The paper discusses the legal obligation of enterprise security and considers mechanisms to ensure security.