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Why Emailing Unprotected Legal Documents is a Liability Nightmare

James D., Legal Tech Consultant
2024-01-24
6 min read
Why Emailing Unprotected Legal Documents is a Liability Nightmare

The "Attach and Pray" Method

Sending sensitive data via standard email is often a direct violation of data protection laws. Email travels in plain text (or weak TLS) across multiple server hops.

The Regulatory Landscape

  1. GDPR (Europe): Article 5(1)(f) requires "appropriate security" including protection against unauthorized processing. Article 32 specifically mentions "encryption" as a standard measure.
  2. HIPAA (USA): The Security Rule requires "Technical Safeguards" to protect e-PHI (Protected Health Information) in transit.

Case Study: The Real Estate Wire Fraud

In 2023, the FBI IC3 Report noted that BEC (Business Email Compromise) scams cost businesses $2.9 billion. A common vector involves intercepting unencrypted PDF wiring instructions and altering the routing number.

The Compliant Solution: AES-256 Encryption

To mitigate this risk, you must encrypt the payload. Our Lock PDF Tool uses AES-256 (Advanced Encryption Standard with 256-bit keys).

  • Security Stat: Brute-forcing a 256-bit key would take a supercomputer billions of years (longer than the age of the universe).

Recommended Workflow: The "Two-Channel" Authentication

To verify the recipient's identity without a complex portal:

  1. Channel 1 (Email): Send the AES-Encrypted PDF.
  2. Channel 2 (SMS/Signal): Send the decryption password.

This ensures that even if the email account is compromised, the attacker cannot open the document without the physical phone of the recipient.

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