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From Firewalls To Forensics: The Legal Duty Of Corporations After A Data Breach




Samyak Sinha, NFSU


ABSTRACT


Data breaches have become an unavoidable risk of the digital economy. As organizations collect, process, and monetize vast quantities of personal and sensitive data, cyber incidents now pose not only technical challenges but also profound legal, ethical, and governance questions. This article examines the evolving legal duties of corporations after a data breach, tracing responsibilities from preventive cybersecurity measures to post-incident forensic investigation, notification, remediation, and accountability. By analysing comparative legal frameworks—particularly India’s Digital Personal Data Protection Act, 2023 (DPDPA), the EU’s General Data Protection Regulation (GDPR), and selected common-law principles—the article argues that corporate obligations after a breach extend far beyond installing firewalls. They encompass prompt forensic response, transparency toward affected individuals and regulators, and long-term institutional reforms aimed at resilience and trust restoration.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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