Furthermore, this is achieved by regular backups of data stored on the system by those who own or oversee the system. Disk arbitrator code#This is achieved by a user name, a password and (ideally) a separate one-time security code sent to the user via another channel, often through SMS or a special mobile phone app, or by email. Furthermore, the term ‘legitimate user’ will be defined and there will be a form of digital control for access to the digital system to which the user is admitted, which ensures with a sufficient degree of likelihood that the real person accessing the system is the person to whom the user rights were granted. This is achieved by restricting physical access to the hardware through which the digital evidence can be accessed and by establishing a user rights management system in respect of what any legitimate user may do with the data (read, write, delete, copy). The aim of protective cybersecurity measures, therefore, is to preserve the integrity and the authenticity of data and to protect it against manipulation by somebody. If a party contests the authenticity and integrity or that the purported author of the data is the real author, this is examined and established by the usual procedural means (e.g., via a computer forensic expert). Thus, one cybersecurity aspect is that tampering with data or falsifying data even in transit is technically possible and more complex to detect and prove, even if the procedural issues concerning falsified or manipulated documentary evidence need not distinguish between the digital and the blue ink document. Therefore, there is a potential cyber threat concerning the authenticity of digital evidence that often cannot be resolved by returning to a physical blue ink original, because no such original ever existed. It is even difficult to tell a digital copy from a digital original. It is technically difficult to reconstruct a trail of modifications and to verify attributes that establish that a digital record (document) is authentic and has not been modified. Digital records (documents) are easily modified. The transmission of this digital information is not done using physical storage methods that are exchanged but is sent via digital networks. Further, communication with other parties and arbitrators is digital, even if at times digital files are printed and used as hard copy on paper. The original version of much documentary evidence is in a digital format and processed by clients and counsel electronically. Cybersecurityīefore dealing with cybersecurity, we need to have a notion of cyber threats in the context of arbitration. Arbitration is not exempt from these mandatory regulations and should be organised better and managed in a way that ensures compliance by all participants. As a minimum, the applicable legal protection of personal data is also binding on arbitrators. Compliance with the applicable data protection and cybersecurity law is a duty to which law firms and the parties themselves as enterprises are bound. However, there is a dimension that goes beyond the merely procedural aspects. It is also essential that the integrity of data consisting of digitalised evidence can be maintained and protected throughout the proceedings. Moreover, the privacy of communications within the systems of one party or between arbitrators must be maintained technically with a view to not creating factual imbalances among the parties. Procedurally, cybersecurity is only relevant insofar as the protection of personal data requires certain measures that protect system integrity and functionality. Their relevance for dealing with evidence is only indirect because restrictions on the use of personal data may be used as a ground for arguing that certain requested documents should not be disclosed to another party or filed as evidence in an arbitration procedure. They are not addressed specifically in national arbitration laws or the core provisions of arbitration rules. The privacy of personal data and cybersecurity are governed by national mandatory laws that vary greatly from country to country.
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