Отдельные подходы к защите бизнеса в цифровой среде и правовые решения

Аннотация

In the article in the context of the application of new digital technol- ogies that stand or are capable of serving business certain approaches to business pro- tection in the digital environment and legal solutions are given. Keywords: law, business, digital environment, business protection, legal solu- tions ОТДЕЛЬНЫЕ ПОДХОДЫ К ЗАЩИТЕ БИЗНЕСА В ЦИФРОВОЙ СРЕДЕ И ПРАВОВЫЕ РЕШЕНИЯ Аннотация. В статье в контексте применения новых цифровых техноло- гий, которые внедрены или способны служить бизнесу, приводятся определен- ные подходы к защите бизнеса в цифровой среде и правовые решения. Ключевые слова: право, бизнес, цифровая среда, защита бизнеса, право- вые решения Introduction. Digital technologies present information in a universal digital form [1. pp. 189–192]. There is no general definition of digital technologies in Russian legislation, however digital transformation is gaining momentum in business [2. P. 149, 3. P. 6, 47, 64, 67, etc.]. In the same sense, the term “business” is used by the Trade Representation of Russia, for instance, in South Africa when describing the business climate and the directions and types of business activity of entities in South Africa [4], etc. Main part. Keeping it in mind let`s look at the threats to business that can be identified in connection with its digital transformation, for example, the following: 1. (Cyber) threats to the physical infrastructure of enterprises (businesses) in the real sector (e.g., the gas industry and others) and the services sector (e.g., banks), including general threats such as corporate (cyber) espionage. These threats include, for instance, unlawful activities by competitors, criminal groups, third parties, or company employees in relation to the company's property and employees, including those who have access to financial, material, and informational resources, as well as deliberate actions leading to disruptions in the operation of technical systems and 191 Digital Technologies and Law (секция на английском языке) security measures; inadvertent violations of established requirements for accounting, storage, circulation, and sale of inventory, financial resources, official documents, and information; emergency situations: fires, accidents, destruction, man-made disasters, and natural catastrophes [5]; 2. Threats to the digital twins of enterprises in the real sector (e.g., the gas industry) through threats to industrial internet security, and cyber threats to service sector enterprises (e.g., banks) in the form of data leaks and fraud, voice forgery of users, and others. Examples of digital twins include: SIBUR at Tomskneftekhim (a subsidiary) in 2020 was the first in Russia to implement a digital modeling system for the petrochemical process [6]; the need for active IT implementation for the modernization of enterprises and facilities is discussed by oil companies and the Ministry of Energy of Russia [7]. In the USA, several technological digitalization initiatives are being developed, such as the National Network for Manufacturing Innovation (NNMI) and the Industrial Internet Consortium (IIC). IIC, for instance, is being developed in the form of a consortium by leading multinational corporations such as General Electric, Intel, IBM, Cisco, AT&T, and is aimed at effective cooperation among competitors to improve goods and services [8. P. 16–25]; 3. Issues with legal means of protection against fraud with new digital objects (e.g., NFTs in connection with the growing implementation of entrepreneurial strategies in metaverses) [9. P. 34-46]; 4. The problem of protecting not the infrastructure of enterprises themselves, but the quality of their products. In the first two cases, legal solutions are presented in the existing legal regulation – normative legal documents for physical protection [20. P. 27–29]. Furthermore, industrial espionage (in both the first and second cases) – as a form of unfair competition, in which there is unlawful obtaining, use, or disclosure of information constituting a commercial, official, or other legally protected secret for the purpose of gaining advantages in entrepreneurial activities or for obtaining material benefits – is prosecuted by law under Article 183 of the Criminal Code of the Russian Federation [10]. These drawings were sent by fax and email. Davis pleaded guilty and was charged with espionage. He faced a total of 15 years in prison and hundreds of thousands of dollars in fines [5]. Documents that are of a general and recommendatory nature applicable in the second case include: Recommendation Y.2060 of the International Telecommunication Union under the UN [11]; Best Practices for Ensuring the Security of the Internet of Things in the Context of Intelligent Manufacturing by the European Union Agency for Network and Information Security [12]; ISO/TR 22100-4:2018 “Safety of machinery – Relationship with ISO 12100 – Part 4: Guidance to machinery manufacturers for consideration of related IT-security (