In this episode of Life of a CISO, Dr. Eric Cole shines a spotlight on a critical blind spot that many Chief Information Security Officers overlook: legal liability. While CISOs are often highly skilled and technically knowledgeable, it’s what they don’t know—particularly about their legal exposure—that can put them at serious risk. Dr. Cole explains that many CISOs hold the title of “chief” without realizing they may not officially be corporate officers, and that distinction matters. If you are considered a true officer of the company, you may be personally liable for failures or breaches, even if you weren’t the root cause. He urges CISOs to ask the right questions during negotiations, ensure they understand their official role, and protect themselves with legal counsel and proper insurance coverage.
He goes on to emphasize the importance of understanding how communication becomes evidence at the executive level. In today’s digital world, emails and text messages are no longer just conversations—they are legal records that can be used for or against you. Dr. Cole discusses how even a lack of written documentation can lead to lawsuits or termination if it’s perceived that a CISO failed to inform the board about a critical risk. However, over-documenting can also backfire by making colleagues uncomfortable or wary. This delicate balance between transparency and discretion is a key leadership skill every CISO must develop. Ultimately, this episode is a wake-up call to every cybersecurity leader: the higher you rise, the more you must be aware of the legal and personal implications of your role.
In this episode:
- 1:00 – Introduction of Today’s Focus
- 2:00 – Hot Topic: Liability
- 4:00 – Officer Title Risks
- 6:00 – Industry Ignorance
- 7:00 – CISO Lawsuits
- 10:00 – Communication Becomes Evidence
- 13:00 – Evidence of Due Diligence
- 15:00 – Legal Risk Awareness
- 17:00 – Vendor Patch Negligence
- 18:00 – Contractual Protection
- 19:00 – Avoiding Techie Talk
- 23:00 – Engineer to Executive
- 25:00 – Unnoticed Blind Spots