In July 2024, a major failure occurred in the Windows operating system, which caused serious losses for many companies and individuals around the world. It disrupted communication systems and caused the cancellation of tens of thousands of flights. Despite the fact that the consequences of this incident affected Russia to a lesser extent, there is a risk of similar failures that could negatively affect business processes, the operation of transport systems and the activities of various organizations in the country. This was told by Professor Vadim Vinogradov, Doctor of Law, Dean of the Faculty of Law of the Higher School of Economics of the National Research University, socialbites.ca.
“To minimize risks, it is important to consider the legal aspects of using software. License agreements often contain limitations on the supplier’s liability in the event of such failures. It is recommended that you carefully review the terms regarding warranty disclaimers and liability limitations to understand the possible consequences of the damage caused,” he said.
When operating systems are used as part of cloud services, service level agreements typically specify minimum uptime and mitigation measures for failures, including compensation and penalties. There are also implied warranties that the software is fit for its normal purposes.
If it is proven that the failure was caused by the supplier’s negligence, a claim for compensation can be made on the basis of tort liability. Tort liability is the obligation of one person to compensate for damage caused by the unlawful action (or inaction) of another person, regardless of the existence of a contractual relationship between them and as a result of the violation of general law norms and rules.
“Russian legislation provides for the application of product liability standards in cases where software qualifies as a “defective product,” and this may apply in the event of significant losses,” the expert emphasized.
It is recommended to provide backup systems and use alternative solutions to reduce risk. It is particularly important to note that in regulated industries, operating system failure may result in additional penalties and legal consequences related to tort liability for breach of mandatory requirements.
“There are many domestic operating systems on the Russian market, developed taking into account national legislation and operating under the jurisdiction of the Russian Federation. These include Astra Linux, Alt and Red OS. The use of domestic operating systems not only reduces the risks associated with external dependency, but also simplifies the process of claiming compensation based on tort liability in case of malfunctions and damage,” he added.
If you encounter issues related to operating system failure, it is recommended that you seek legal advice to analyse your specific situation, review all relevant contracts and assess the applicable legal framework, including tort liability issues. This approach will allow you to identify potential liabilities and develop the most appropriate course of action.
In the context of modern digital risks, choosing a reliable operating system is not only a technological decision, but also a matter of protecting your business and the stability of the country.
“The use of domestic solutions allows us to reduce dependence on external factors and strengthen national cybersecurity. When choosing Russian developments, compliance with national legislation is ensured, dependence on external suppliers is reduced, and conditions are created for sustainable operation of the enterprise in conditions of legal and economic instability,” Vinogradov concluded.
Previously an expert given Advice for future candidates applying to cybersecurity majors.
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Source: Gazeta
Barbara Dickson is a seasoned writer for “Social Bites”. She keeps readers informed on the latest news and trends, providing in-depth coverage and analysis on a variety of topics.