Find out what rights people have who have been affected by a cyber blackout

A global cyber outage caused by an update to Crowdstrike Falcon software has caused major disruptions across sectors since the early hours of last Friday (19), including aviation, media, finance and telecommunications.

In Brazil, financial institutions and airlines reported problems in their operations. CNN spoke with experts in civil and consumer law, and experts in the area of ​​digital law and cybersecurity to understand the possible impacts and rights of people and companies.

Implications and consumer rights

For experts, today’s situation has exposed the vulnerability of digital infrastructures and raised concerns about consumer rights and corporate liability.

Lawyer Antonia Lima, a specialist in civil and consumer law, points out that companies can be held liable for damages suffered by customers. This happens especially if the failure is due to negligence or lack of proper maintenance of the system.

“When a banking system becomes unavailable, it can cause significant harm to customers, such as the inability to access funds, make payments or complete transactions,” says the lawyer.

Regarding flight delays and cancellations, São Paulo State Attorney Roberto Pfeiffer, a professor of Consumer Law at USP, points out that there are regulations from the National Civil Aviation Agency (ANAC) and the Consumer Defense Code that deal with the issue.

“The consumer has the right to food assistance after a two-hour delay. If the delay is more than four hours, the consumer may choose to board another flight to be made available free of charge by the airline. In this case, if necessary, transportation to the consumer’s home or to a place of accommodation may also be provided, which must also be paid for by the company when the consumer does not reside at the place of departure,” the prosecutor points out.

Implications and actions for companies

Companies affected by the blackout can also seek compensation through legal proceedings. According to Alexander Coelho, a specialist in digital law and data protection, companies often suffer economic and reputational damage in cases like this global cyber blackout.

“Companies that have suffered significant financial losses due to the blackout can seek compensation for these damages. This includes lost revenue, additional operational costs and collateral damage. If they can demonstrate that the incident caused damage to their reputation and, consequently, financial impact, this can be included in the claims,” notes Alexander Coelho.

Lawyer Antonia Lima adds that it is crucial for companies to invest in infrastructure and ensure the continuity of services.

“In addition, transparency and prompt communication with customers during periods of unavailability are essential to mitigate potential damages and preserve trust. Civil liability, in this context, is not limited to financial compensation, but also involves preserving reputation and maintaining a relationship of trust with customers,” he concluded.

Lawyer Felipe Leoni Carteiro, a specialist in digital law, adds that cases like this draw attention to the need for protection and prevention.

“To protect yourself from a cyber blackout like today’s, the solution is to adopt redundancy measures, using more than one service provider for the same purpose. This way, if one provider faces problems, the other, unaffected, can keep the business running,” says Carteiro.