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Ultra-Specific Careers Advice: What qualifications do I need for Cyberlaw?

What qualifications would you recommend? Would I be alright just qualifying as a solicitor with a Law degree, or do I need more qualifications? Can I become over-qualified?

Also, are there any good books on the subject and what kind of cyberlaw do you believe is the largest at the moment? Will it be just as critical in the future?

Reply 1

Stiffy Byng

You rarely need any specific qualification to practise a particular type of law, but sometimes an LLM in a specialist subject can assist. It is hard to predict what will happen in the law relating to computer technology, as much depends on what technical developments occur in the next few years. There is likely to be legislation and regulation about crypto assets, about AI, and about child protection.

Reply 2

chalks

When you refer to "cyberlaw", I assume you're referring to the laws that apply to the internet, digital assets, IT systems (software and hardware), AI and IT services. Cyberlaw is the slightly cooler name for what is/was called IT or ICT law.

Given its breadth, there are various relevant legal areas: usually data protection, IP and our old favourite: contract. As @Stiffy Byng notes, there is likely to be a raft of legislation and regulation forthcoming over the coming years in an attempt to keep pace with technological developments. Given tech moves faster than the law, this will continue to be an area of growth for law firms as there will always be grey areas of uncertainty. That's exacerbated by the fact that, due to the nature of the sector, other countries' laws often also apply: particularly Europe and the US.

I'm not aware of particular qualifications that would be relevant, but I wouldn't be surprised to see various institutions offering LLMs in the area in the future (although I'd query their value): this is really an area where you build your expertise through practise not study. The value a lawyer brings is understanding the interplay between the various areas of law and how it applies to specific facts. To give you some examples:

•

Client suffers a major cyber attack due to a weakness in IT security: data protection issues associated with loss of customer data, breach of contract claims from customers, potential breach of contract claim against IT supplier, potential criminal law aspects

•

Large bank outsources its financial modelling processes for its private wealth clients to a third party supplier: IP, data protection, contract, financial services regulatory

•

Software start-up company creates new payment app to enable international money transfers: IP, DP, contract, fin services reg

•

23andMe goes into bankruptcy: DP, breach of contract, insolvency

•

UK bank wants to launch an ETF investing in US bitcoin: fin services reg

•

UK IT services company is bought out by a US competitor: IP, DP, contract, employment, Corporate

•

Rogue employee of start-up takes ideas to a competitor: employment, IP, possibly DP, possibly criminal

•

Companies such as Meta and Google using vast swathes of data to "fuel" the development of AI models: DP and IP

The area catching everyone's attention at the moment is the last one: to what extent should these behemoths be able to trawl and capture vast amounts of data to build their AI tools? To what extent does AI trample over copyright? How should contracts attempt to tackle an AI-based service when it comes to reliability and accuracy? These are all super-interesting areas but, in many ways, a law firm's cyber bread and butter is likely to be the other bullets in my list above.

For now, I wouldn't worry about a formal qualification for all the reasons noted above. I'd start by reading the articles published by the leading IT law firms: those will give you up to date insights into current developments and how the law applies to specific facts. Check out Bristows, Bird & Bird, CMS etc. If it's an area of interest for you, I'd also recommend you immerse yourself in the tech space itself: clients want lawyers who speak their language and you need to know the nuts and bolts of the technology itself.

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