TOOLBOX · COMPLIANCE & NIS2
Maturity Check Law Firms.
Confidentiality needs secure IT. 12 questions for law firms, notary offices and tax advisors based on professional law, the GDPR and BSI IT-Grundschutz, with an immediate maturity level, measures and sources.
HOW THE CHECK CALCULATES
Traceable
Instead of Gut Feeling.
12 questions, at most 26 points. The measures are based on the sources named, and individual implementation examples are recommendations by TOMORIS; weights and levels are an assessment by TOMORIS based on the effect of a measure.
- 01
Answers Become Points
Yes counts 1, Partially 0.5 and No 0 points, each multiplied by the weight of the question. If you do not know, choose No.
- 02
Weight by Effect
Key measure (3, here 3×): Directly protects against the most serious consequences of an attack or outage: data loss, standstill or the takeover of accounts and access. Important measure (2, here 8×): Makes an incident less likely or limits its extent and duration. Foundation (1, here 1×): Organizational prerequisite that works through the other measures, such as responsibility, overview or documentation.
- 03
Percentage and Level
Points reached divided by possible points, rounded down to whole percent. Level 1 Getting Started: 0 to 39 percent. Level 2 Foundations: 40 to 69 percent. Level 3 Advanced: 70 to 89 percent. Level 4 Established: from 90 percent.
- 04
Key Measures Set a Limit
If a key measure is answered with No, the maturity level stays at level 2 at most, even if the percentage is higher. The report lists the open measures sorted by weight.
BASIS
What the
Questions Are Based On.
Lawyers, notaries and tax advisors are bound by professional secrecy (Section 9(2) RAO, Section 37 NO, Section 80 WTBG 2017). The obligation extends to employees: lawyers must bind their assistants, and notaries their employees, to secrecy; under the WTBG 2017, secrecy also applies accordingly to vicarious agents.
The GDPR requires appropriate technical and organizational measures to ensure a level of security appropriate to the risk and explicitly names examples such as encryption and the ability to restore data quickly after an incident (Article 32(1)).
For the technical measures, the BSI IT-Grundschutz Compendium, Edition 2023, serves as a model. It is a framework of the German Federal Office for Information Security (BSI) and not a legal obligation in Austria.
- LEGAL SOURCE
Lawyers’ Code (RAO), Section 9 (RIS, German)
Citations: Section 9 para. 2.
Go to Source - LEGAL SOURCE
Notaries Code (NO), Section 37 (RIS, German)
Citations: Section 37 para. 2.
Go to Source - LEGAL SOURCE
Public Accountants Act 2017 (WTBG 2017), Section 80 (RIS, German)
Citations: Section 80 para. 5.
Go to Source - LEGAL SOURCE
Data Protection Act (DSG), current version (RIS, German)
Citations: Section 6 para. 2 and 3; Section 6 para. 1.
Go to Source - LEGAL SOURCE
Regulation (EU) 2016/679 (GDPR), consolidated version
Citations: Art. 32 para. 1 lit. a; Art. 32 para. 1 lit. c; Art. 28 para. 3; Art. 33 para. 1.
Go to Source - LEGAL SOURCE
Lawyers’ Code (RAO), Section 12 (RIS, German)
Citations: Section 12 para. 2.
Go to Source - MODEL · BSI
BSI: IT-Grundschutz Compendium, Edition 2023 (German)
Citations: ORP.2.A2; ORP.4.A1, ORP.4.A2, ORP.4.A7 and ORP.2.A2; OPS.1.2.5.A17, ORP.4.A10 and ORP.4.A21; OPS.1.1.3.A1, OPS.1.1.3.A2 and OPS.1.1.3.A15; APP.5.3.A9; CON.9.A1 to A3; SYS.3.1.A13, SYS.3.2.1.A4, SYS.3.2.1.A11 and SYS.4.5.A10; CON.3.A5, A12, A14 and A15; ORP.2.A5 and OPS.2.3.A4; ORP.3.A3, ORP.3.A6 and OPS.1.1.4.A7; DER.2.1.A1 to A4; OPS.1.2.4.A1, OPS.1.2.4.A2, INF.9.A1, INF.9.A2 and SYS.2.1.A1.
Go to Source - MODEL · BSI
BSI: Two-factor authentication (German)
Citations: sections “Bitte nicht: Die Zwei-Faktor-Authentisierung deaktivieren” (do not deactivate two-factor authentication) and “Empfehlungen” (recommendations).
Go to Source
More on the Notaries & law firms industry · More on the Tax advisory industry · NIS2 Applicability Check (German) · All Downloads
QUESTIONS
Good to Know.
How is the maturity level calculated?
Each answer gives points: Yes 1, Partially 0.5, No 0, multiplied by the weight of the question (key measure 3, important measure 2, foundation 1). This checklist has 12 questions and at most 26 points. The points reached give a percentage, rounded down, which determines the level: level 1 Getting Started 0 to 39 percent, level 2 Foundations 40 to 69 percent, level 3 Advanced 70 to 89 percent, level 4 Established from 90 percent. If a key measure is answered with No, the maturity level stays at level 2 at most.
Where do the questions come from?
From professional law (Sections 9 and 12 RAO, Section 37 NO, Section 80 WTBG 2017), data confidentiality under Section 6 DSG, the GDPR, the BSI IT-Grundschutz Compendium, Edition 2023, and the BSI recommendation on two-factor authentication. The Compendium is a framework of the German Federal Office for Information Security (BSI) and not a legal obligation in Austria; it serves as a model for the technical measures. Every question names its citation.
What does professional law require of IT?
It imposes professional secrecy and includes the people around you: lawyers must bind their assistants to secrecy and make arrangements for reliable compliance (Section 9(2) RAO), notaries their employees to confidentiality (Section 37(2) NO), and under the WTBG 2017 secrecy also applies accordingly to vicarious agents (Section 80(5)). Lawyers must also provide the necessary facilities, in particular for electronic legal communication with the courts (Section 9(1a) RAO). Which technical and organizational measures fit is required by the GDPR according to the risk (Article 32); the questions describe them following the BSI model.
Is the result proof or legal advice?
No. The check is a self-assessment based on your answers. It does not replace an audit or legal advice and does not prove that legal or professional requirements are met. The weights and levels are an assessment by TOMORIS; the measures are based on the sources named, and individual implementation examples are recommendations by TOMORIS.
Are my answers transmitted or stored?
No. The questionnaire and evaluation run entirely in your browser; your answers are neither transmitted to TOMORIS nor to third parties and are not stored, not even on your device. Only when you choose “Discuss the Result” does the contact form take over industry and maturity level as the topic, not your individual answers.
How do I save the report as a PDF?
In the report, choose “Print or Save as PDF” and select “Save as PDF” or “Microsoft Print to PDF” as the printer in the print dialog. Only the report is printed, in light colors even in dark mode.
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