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Alonso Sala
CRIMINAL LAWYERS
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Legal Analysis

Quantum Computing: The End of Professional Secrecy?

calendar_todayJanuary 6, 2026

Last updated:

lightbulbKey Takeaways

  • check_circlePost-Quantum Encryption
  • check_circleHarvest Now Decrypt Later
  • check_circleCISO Liability
  • check_circleProfessional Secrecy

Quick answer

The ability to decrypt RSA keys forces an urgent migration to post-quantum cryptography and heightens the risk of "Harvest Now, Decrypt Later" attacks, which steal data today to decrypt it tomorrow. The GDPR and the Criminal Code require adequate security measures: in 2026, failing to update systems to quantum-resistant encryption may amount to punishable gross negligence if it leads to the leak of sensitive data, putting security officers (CISOs) in the spotlight.

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The tech news of the year has immediate legal repercussions. The ability to decrypt RSA keys in seconds forces an urgent migration to post-quantum cryptography. But what about data stolen today to be decrypted tomorrow (Harvest Now, Decrypt Later attacks)?

Criminal Liability for Data Negligence

The GDPR and the Criminal Code require 'adequate security measures'. In 2026, failing to upgrade systems to quantum-resistant encryption can be considered punishable gross negligence if it results in the leakage of sensitive client data. Chief Information Security Officers (CISOs) are in the crosshairs.

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