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Compliance-risks in the operation of IT products

https://doi.org/10.17747/2618-947X-2024-4-360-367

Abstract

The article discusses compliance risks that can arise during the operation of IT products in the market and cause unacceptable damage to IT organisations. To achieve this goal, the author of this article conducted a study of civil, administrative and criminal judicial practice, where one of the parties was an IT company (OKVED 62), including disputes related to the infringement of exclusive rights to IT products. Based on the research conducted, 12 compliance risks were identified, of which 6 were civil, 1 was administrative and 5 were criminal. An analysis of judicial practice has shown that the withdrawal, distribution and operation of IT products on the market without taking into account these requirements exposes IT companies to civil, administrative and/or criminal liability. In addition, as part of the work carried out, the dynamics of criminal offences in the field of computer information was analysed, where it was found that in the period 2022-2023. The increase in offences related to unauthorised access to electronic devices rose from 9,308 to 36,788 crimes (an increase of 74.6%). The results of the study highlited the urgent need for IT stakeholdes to develop effective and efficient preventive measures to influence identified compliance risks. For example, the development of measures related to the review of requirements for documentary support of IT projects, the form and content of IT products, and ways of protecting computer information.

About the Author

V. S. Nikolaenko
Tomsk State University of Control Systems and Radioelectronics (Tomsk, Russia), Tomsk Polytechnic University (Tomsk, Russia), Siberian State Medical University (Tomsk, Russia)
Russian Federation

Candidate of economic sciences, associate professor at the Department of Automation of Information Processing, Tomsk State University of Control Systems and Radioelectronics (Tomsk, Russia); associate professor at the Business School, Tomsk Polytechnic University (Tomsk,  Russia); associate professor at the Department of Economics, Sociology, Political Science and Law, Siberian State Medical University (Tomsk, Russia). ORCID: 0000-0002-1990-4443; Web of Science Researcher ID: J-8521-2015; SPIN: 9301-1835; Author ID: 745788; IRID: 283767926; Scopus Author ID: 57193434445.
Research interests: risk-management, national security, economic security, information law and intellectual property protection, civil law, project management.



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Review

For citations:


Nikolaenko V.S. Compliance-risks in the operation of IT products. Strategic decisions and risk management. 2024;15(4):360-367. https://doi.org/10.17747/2618-947X-2024-4-360-367

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ISSN 2618-947X (Print)
ISSN 2618-9984 (Online)