CYBERCRIME AND CONTRACTUAL LIABILITY: A SYSTEMATIC REVIEW OF LEGAL PRECEDENTS AND RISK MITIGATION FRAMEWORKS

Abstract

This systematic review examines the evolving intersection of cybercrime and contractual liability, with a focus on legal precedents, evidentiary challenges, risk allocation mechanisms, and regulatory influences in the digital era. As cyberattacks increasingly disrupt contractual relationships across sectors, the need to understand how courts interpret such incidents within the framework of private law has become more urgent. Guided by the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) 2020 methodology, this study systematically reviewed and synthesized findings from 84 peer-reviewed articles published between 2000 and 2024. The review explores how judicial systems in common law and civil law jurisdictions assess liability in cyber-induced contractual breaches, interpret clauses related to data protection, and resolve disputes involving complex digital supply chains. It identifies key legal trends, including the growing enforceability of cybersecurity clauses, the nuanced treatment of force majeure and indemnity provisions, and the increasing reliance on digital forensic evidence and expert testimony in litigation. The review also highlights the role of regulatory frameworks such as the GDPR, CCPA, and HIPAA in shaping the content and enforcement of cybercontractual obligations. Further, the findings underscore critical challenges related to attribution, privity, and jurisdiction in multi-party and cross-border environments. Overall, this study contributes a comprehensive, legally grounded analysis of how contractual liability is being redefined in response to the complexities of cyber risk, offering insights for legal practitioners, policymakers, and organizations navigating digital contracts in an era of rising cyber threats.