Cybersecurity Legal Advisory
Legal support when your company or personal accounts get hacked — incident response, evidence preservation, reporting to authorities, and data breach compliance.
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When a company or individual suffers a cyberattack in Colombia, the legal obligations are immediate and complex. Under Law 1273 of 2009, cybercrime victims can pursue criminal prosecution of the attackers, but the success of any case depends on how evidence is preserved in the critical first hours after discovery. Simultaneously, if personal data was compromised, Law 1581 of 2012 requires notification to the SIC (Superintendencia de Industria y Comercio) and affected data subjects — with penalties for failure to report or inadequate security measures reaching 2,000 monthly minimum wages.
Beyond criminal and regulatory obligations, cyberattacks create cascading legal issues: business interruption losses, contractual liability to clients whose data was exposed, potential insurance claims under cyber liability policies, employee data exposure, and reputational damage that requires careful communications management. Most companies discover these obligations only after an attack, when the pressure to restore operations conflicts with the need to preserve evidence and comply with legal requirements.
At Legal Diligence Medellín, we provide comprehensive legal support from the moment you discover a breach. We coordinate between your IT team, law enforcement, regulators, and insurance providers to ensure evidence is preserved for prosecution, regulatory obligations are met, insurance claims are properly documented, and your legal exposure is minimized at every step.
Problems We Solve
Company systems hacked
Your business network, servers, or cloud accounts have been compromised — you need to preserve evidence for prosecution while simultaneously restoring operations and meeting notification obligations.
Personal accounts compromised
Your email, banking, social media, or cryptocurrency accounts have been hacked, and you need to secure your identity, file criminal complaints, and recover access to your accounts and funds.
Data breach notification obligations
A cyberattack has exposed customer, employee, or partner personal data, triggering notification obligations to the SIC under Law 1581 — and you have no breach response plan in place.
Cyber insurance claim
You have cyber liability insurance but need legal guidance on documenting the incident, meeting policy notification requirements, and maximizing your claim recovery for business interruption and remediation costs.
Our Approach
Immediate Incident Response
We provide same-day legal response, coordinating with your IT team to preserve digital evidence under chain-of-custody protocols while you restore operations. We advise on immediate containment steps that protect both your business and the criminal case.
Criminal Reporting and Prosecution
We file criminal complaints with the Fiscalía and coordinate with the Colombian Cyber Police (CAI Virtual) and specialized cybercrime prosecutors. We ensure digital evidence is presented in formats that meet Colombian evidentiary standards for admissibility.
Regulatory Compliance and Recovery
We handle data breach notifications to the SIC and affected individuals, manage cyber insurance claims documentation, advise on contractual liability to affected third parties, and help implement post-incident security improvements to prevent recurrence.
Frequently Asked Questions
Do not shut down or modify affected systems — this can destroy evidence. Document what you observe (screenshots, timestamps), disconnect compromised systems from the network without powering them off, contact your IT team and a lawyer immediately. Evidence preservation in the first hours is critical for both criminal prosecution and insurance claims.
File a criminal complaint (denuncia penal) with the Fiscalía General de la Nación. You can also report to the CAI Virtual (Colombian Cyber Police) at caivirtual.policia.gov.co. For data breaches involving personal information, you must additionally notify the SIC. A lawyer ensures your complaint is structured to maximize prosecution chances.
Yes. Under Law 1581 of 2012 and SIC guidelines, Data Controllers must notify both the SIC and affected data subjects when a security incident compromises personal data. The notification should include what happened, what data was affected, what measures you are taking, and how affected individuals can protect themselves.
Coverage depends on your specific policy terms, but most cyber liability policies cover incident response costs, forensic investigation, legal fees, notification expenses, and business interruption losses. However, policies have strict notification deadlines and documentation requirements. Engaging a lawyer early ensures you meet these requirements and maximize your claim.
Need legal advice?
Our team of lawyers is ready to help you. Contact us today for a consultation.
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