How much does cyber or IT litigation cost?

The cost depends on the complexity of the matter, the evidentiary measures required, the possible involvement of technical experts and the procedural framework chosen. Typical cost items include bailiff fees (service of process, records), court fees, IT expert fees and legal fees. EMPREINTE Avocats primarily works on a fixed-fee basis, which may be supplemented by a contingency fee depending on the matter. Terms are set out in a written fee agreement established before any work begins.

Can an SME stop paying its IT provider after a cyberattack?

Not automatically. The mere fact of having suffered a cyberattack does not, in itself, justify stopping payment to an IT provider. However, if the incident reveals a serious breach of the provider's contractual obligations (security, backup, monitoring, business continuity), it may be possible to suspend payments or engage the provider's liability. Stopping payment without prior analysis can expose you to a contractual dispute.

How can I terminate a contract with a failing hosting provider?

This depends on the contract term. An open-ended contract can generally be terminated at any time subject to the applicable notice period. A fixed-term contract requires either a sufficiently serious breach or the application of a termination clause in the contract. In all cases, you must analyse the security obligations, gather evidence, verify reversibility clauses and plan the exit to avoid a service interruption.

What recourse is available after data loss by an IT subcontractor?

Recourse depends on the contract, the provider's exact role and the cause of the incident. In the event of non-performance, contract law allows you to seek a price reduction, contract termination and/or damages. Evidence is critical: you must preserve logs, exchanges, technical reports, incident tickets, contractual clauses and any element establishing the breach, the causal link and the extent of the damage suffered.

How long does IT litigation take?

Duration varies depending on the route chosen and the complexity of the matter. A well-prepared amicable resolution can conclude within a few weeks to a few months. Court proceedings before the commercial or civil court typically take between 12 and 24 months at first instance. A court-ordered expert report can significantly extend this timeframe.

Digital law firm

Cyber and IT litigation lawyers

Taking action or defending yourself after a cyber incident, a cyberattack, software copyright infringement or a derailed IT project? We combine legal expertise, technical knowledge and industry standards to define the most effective strategy for your objectives.

CybersecurityGDPRNIS2Litigation

Understanding the subject

What is cyber or IT litigation?

Cyber or IT litigation refers to a dispute whose origin, subject matter or evidence is linked to a digital incident, an IT contract or an attack on an information system.

It may arise from a cyberattack (ransomware, phishing, payment fraud, email compromise) and raise questions of liability between the victim company and its technical service providers. It may also result from a poorly executed IT project, data loss, software copyright infringement or failure to meet security obligations under GDPR, NIS2 or a contract.

16%

of SMEs experienced at least one cyber incident in 2025

Cybermalveillance.gouv.fr Barometer 2025

5,629

data breach notifications received by the CNIL in 2024

CNIL, Annual Report 2024

€486M

in CNIL sanctions issued in 2025

CNIL, Sanctions Report 2025

Our method

A structured method, from case analysis to dispute resolution.

Case analysis

We organise an initial meeting to understand the context of the dispute and review your documents: contracts, exchanges, technical reports, notifications. We identify the breaches that may be invoked, analyse the parties' contractual commitments and assess the first available evidence.

Strategy definition

Based on this analysis, we define a strategy tailored to your objectives: gathering additional evidence (forensic expertise, bailiff records), positioning vis-à-vis the opposing party, and assessing the feasibility of an amicable resolution.

Evidence gathering

In IT and cyber litigation, evidence is often decisive. We assist you in preserving relevant elements and implementing the necessary steps: bailiff records, amicable or court-ordered expertise, requests for document disclosure and investigative measures.

Amicable resolution attempt

We help you approach this phase with a clear strategy, a legally grounded position and a sufficiently solid case to create useful leverage. Amicable resolution, when well-conducted, often allows you to protect your interests, secure an agreement and maintain control over the timeline and cost.

Court proceedings

If amicable resolution fails, we represent you throughout the litigation phase before the competent commercial or civil court: drafting pleadings, structuring arguments, coordinating with technical experts and representing your interests at every stage.

Defence before regulatory authorities

When a cyber incident or IT dispute involves regulatory stakes, we assist you in exchanges, investigations and proceedings before the competent authorities (CNIL, ACPR, ANSSI). The objective is to build a coherent, rigorous defence without weakening your position in parallel proceedings.

Experience

Client cases in IT and cyber litigation

Ransomware

Ransomware at a hosting provider

A hosting provider suffered an AKIRA ransomware attack causing encryption of all its servers.

Crisis cell established, CNIL notification obligations secured, client communications managed and simultaneous disputes handled with approximately ten clients.

Phishing

Post-phishing litigation - international arbitration

Following a payment fraud via phishing (fake bank details), a company's client made a payment to a fraudulent account and sought to engage the company's liability.

International arbitration proceedings managed in Ukraine with local counsel, technical aspects analysed (email authenticity, compromise), and defence strategy defined and sustained.

Data loss

Data loss at a hosting provider

A client lost all their data following an incident affecting their hosting provider (server and backups).

Amicable resolution attempt, court proceedings initiated, then negotiations reopened during the proceedings. The second wave of negotiation resulted in a settlement.

Unpaid fees

External CTO - disputed unpaid fees after cyberattack

An IT service provider faced €50,000 in unpaid invoices, with the client invoking a cyberattack to engage the provider's liability.

Contentious action initiated, full payment of amounts due plus late-payment interest obtained at first instance, and the opposing party's liability claim dismissed.

Our firm

Why choose our firm for cyber litigation?

EMPREINTE AVOCATS supports businesses facing cyber and IT disputes where legal questions cannot be separated from technical and operational realities. Our experience allows us to quickly identify the decisive points: actually applicable contractual obligations, exploitable breaches, evidence to preserve and the right posture to adopt.

Our lawyers also ensure that related dimensions such as insurance, regulatory, reputational, and business continuity stakes are fully integrated.

Over 10 years of IT practiceCLUSIF memberAFCDP memberSpeakers at FICJournées de la Cyber

Frequently asked questions

FAQs on cyber and IT disputes

Our firm's answers to the most common scenarios.

Facing a dispute?

Let's talk about your matter.

An initial exchange allows us to assess your situation, identify available courses of action and advise you on whether and how we can intervene. No commitment at this stage.