Arbitrators’ Cybersecurity and Data Protection Checklist: Legal and Technical Guidance, GDPR/NIS 2 Considerations, and Procedural Orders from Pre-Appointment through Evidence, Hearing, Award and Post-Award
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LexisNexis Arbitration expert
Checklists
The Checklist seeks to outline the principal actions that arbitrators should consider across the entire course of a proceeding, beginning with appointment and the first procedural order and ending with delivery of the award and completion of their obligations. It offers direction on the types of provisions that may feature in procedural orders addressing data security throughout the duration and lifespan of an arbitration. Please be mindful, in light of the evolving cybersecurity ecosystem and applicable laws and regulations, that this is not an exhaustive catalogue. Rather, the checklist functions as guidance on best practice and clarifies the considerations that may arise at each milestone.
Arbitration phase: pre-appointment of the Tribunal
Legal Steps
- Safeguard your digital identity so you are seen as independent and impartial, notwithstanding the difficulties posed by an online presence. Refer to: Checklist for Arbitrators on the Use of Social Media and the Duty of Impartiality—the cybersecurity approach to arbitration.
Technical Steps
- Adopt appropriate cybersecurity practices for everyday use of email accounts, passwords, and online platforms when working with case materials supplied by the arbitral institution, and when communicating with the institution, fellow arbitrators, and the parties...
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Web page updated on 20/05/2026
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