The 5 Major Legal Risks for Software Publishers in 2025

In a constantly evolving digital world, software publishers face an increasingly complex legal environment. Between the new European regulations and the rise in cybersecurity threats, it is essential to properly identify legal risks in order to better anticipate them.

This article presents the five main risks to which software publishers must pay particular attention in 2025.

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1. Counterfeiting and Piracy: A Persistent Threat

Despite technological advances in protection, counterfeiting and piracy remain major risks for software publishers. In 2025, these unlawful practices have become more sophisticated, with the emergence of new techniques that circumvent traditional protection mechanisms.

The consequences for publishers are manifold:

• Direct financial losses linked to lost revenue
• Devaluation of intellectual property
• Damage to reputation among legitimate customers
• Security risks for end users

Source code protection is therefore an absolute priority. Software and database law lawyers recommend implementing a multi-layered protection strategy, combining technical measures (obfuscation, encryption) and legal measures (filings with specialised organisations, confidentiality agreements).

2. The Strengthened GDPR Obligations for Publishers

The General Data Protection Regulation continues to evolve through case-law interpretations that strengthen the obligations of software publishers. In 2025, particular attention is paid to software that processes personal data, even on an incidental basis.

For publishers, this entails:

• An increased obligation to document the compliance of their solutions
• The need to integrate data protection by design (Privacy by Design)
• The obligation to carry out impact assessments for sensitive processing
• The implementation of mechanisms allowing users to exercise their rights easily

Penalties for non-compliance now reach dissuasive amounts, potentially up to 6% of worldwide turnover for the most serious infringements, a notable increase from the initial cap of 4%. The support of a lawyer specialising in data protection and GDPR is essential to ensure this compliance.

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3. The European Digital Operational Resilience Act (DORA)

Fully applicable since January 2025, the DORA Regulation (Digital Operational Resilience Act) imposes new requirements on publishers that supply solutions to the financial sector. This text, which aims to strengthen the resilience of the financial system against IT incidents, has direct implications for publishers.

The main obligations concern:

• The implementation of regular stress tests
• The ability to demonstrate the robustness of infrastructures
• The rigorous management of third-party providers
• The obligation to provide prompt notification of major incidents

Publishers that neglect these obligations expose themselves not only to administrative penalties, but also to liability claims from their financial sector clients.

4. Liability in the Event of Security Breaches

The proliferation of cyberattacks and their increased media coverage have led to a tightening of the courts' position regarding the liability of publishers in the event of a security breach. Courts now consider that professional publishers have an obligation of result in matters of security, particularly for critical functionalities.

This case-law development translates into:

• A presumption of liability for "obvious" vulnerabilities
• The obligation to carry out regular security audits
• The duty to inform of and promptly remediate discovered vulnerabilities
• The need to maintain active monitoring of new threats

To guard against these risks, it is advisable to consult a software and database law lawyer who can assist you in setting up appropriate procedures and in drafting contractual clauses limiting your liability within the bounds permitted by law.

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5. Intellectual Property Challenges in the Context of Artificial Intelligence

The growing use of artificial intelligence in software development raises significant intellectual property questions. The generative AI models used to produce code pose unprecedented challenges in terms of rights attribution.

Key points of vigilance include:

• Determining the ownership of rights over AI-generated code
• The risks of unintentional infringement of third-party rights by AI
• The patentability of AI-based solutions
• The protection of know-how in machine learning algorithms

The courts are only just beginning to rule on these issues, creating an uncertain legal environment for publishers that integrate these technologies. The expertise of a lawyer specialising in artificial intelligence law is becoming indispensable to navigate this new legal territory.

Securing Your Publishing Business: The Importance of Specialised Legal Expertise

In the face of these major legal risks, a proactive approach is essential for software publishers in 2025. Compliance should no longer be seen as a constraint but as a competitive advantage, helping to reassure clients and investors.

The complexity of the legal framework applicable to software requires specific expertise. Engaging a specialised lawyer not only helps avoid regulatory pitfalls but also transforms legal constraints into opportunities for differentiation.

To legally secure your publishing business and put in place an effective protection strategy for your digital assets, do not hesitate to consult a specialised law firm that can guide you through this constantly evolving regulatory maze.