Incident Response and Cybersecurity

Our Incident Response and Cybersecurity practice provides comprehensive legal support for the prevention and repression of unlawful acts in the digital environment and for the management of information security incidents. We work strategically, on a multidisciplinary basis, and integration with our Data Protection, Technology and Innovation, Intellectual Property, and Litigation teams, advising on legal measures relating to the improper access of accounts, the creation of fake profiles, the unauthorized sharing of photos and videos, and other matters.

Among our key services, we highlight:

• Out-of-court action: removal of unlawful content, rectification, right of reply or retraction before providers, platforms, and news outlets; reporting of unlawful content; preparation of notifications; settlements; and preservation of electronic evidence, including through a Notarial Deed (Ata Notarial) or blockchain-based content certification.

• Incident response measures: creation and management of the Incident Response Committee, documentation of the process, classification of the breach, assessment of the need to notify the Brazilian Data Protection Authority (ANPD) and data subjects, liaison with regulators and stakeholders, and activation of Cyber Insurance and claim handling.

• Specialized criminal action: requests for police investigations, monitoring of investigative proceedings, and conduct of criminal actions to identify and hold accountable the perpetrators of cybercrimes and cyber fraud.

• Legal action (civil, criminal, and labor): injunctive and indemnity claims for the misuse of name and image, intellectual property infringement, unauthorized access, and unfair competition, as well as evidence-gathering measures such as search and seizure and forensic examination.

• Crisis management: legal support in crisis committees, assessment of the severity of the incident, review of the communication strategy, and liaison with authorities, partners, suppliers, and affected data subjects.

• Information security governance and controls: preparation and review of policies and documents (Code of Conduct, Information Security Policy, BYOD, home-office, Terms of Use, and contractual clauses), management of Data Loss Prevention (DLP) alerts, and awareness initiatives.

Our expertise

Comprehensive, integrated advice across all phases of an incident — from prevention and governance to response, crisis management, and holding perpetrators accountable — combining the strengths of our Data Protection, Technology, Intellectual Property, and Litigation teams.

Hands-on experience handling sensitive cybersecurity matters, including ransomware and data breaches, with agile and coordinated action at critical moments.

A strong track record in preserving electronic evidence and supporting forensic experts, ensuring the authenticity and integrity of evidence.

Deep knowledge of incident notification obligations to the ANPD and data subjects, in line with the General Data Protection Law (LGPD).

“The Cescon Barrieu data protection team stands out for its practical and integrated approach to LGPD, combining technical rigour with a real understanding of business operations and risks.”
Chambers and Partners.

Lawyers specializing in Incident Response and Cybersecurity

Partner in Data Protection, Digital Economy, Digital Litigation and Technology and Innovation.
São Paulo - SP
Partner in AI Governance, Data Protection, Digital Economy and Technology and Innovation.
São Paulo - SP
Partner in AI Governance, Data Protection, Digital Economy, Intellectual Property and Technology and Innovation.
São Paulo - SP
Partner in AI Governance, Data Protection, Digital Economy and Technology and Innovation.
São Paulo - SP
Partner in AI Governance, Data Protection, Digital Economy, Intellectual Property and Technology and Innovation.
São Paulo - SP
Partner in AI Governance, Data Protection, Digital Economy and Technology and Innovation.
São Paulo - SP

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