Most legal principles are designed to reduce liability. That's the whole point of incorporation, for example.
On that note, after some time working in cybersec and GRC fields, I realized that cybersecurity is best understood in terms of liability management. This is what all the security framework certification and auditing is about, and this is a big reason security today is more about buying services from the right vendors and less about the hard tech stuff. Preventing a hack is hard. Making it so you aren't liable for the consequences is easier - and it looks like a network of companies interlinked with contracts that shift liability around. It's a kind of distributed meta-insurance (that also involves actual insurance, too).
My eyes were opened to this when management wasn't just talking about deleting unneeded private data just as the right thing to do, but specifically how it could reduce our insurance premiums.
The core insight that made me start to understand how companies see the world, was reading about ocean freight shipping. Specifically, what happens when there's a bad weather, or dangerous malfunction, or other such unexpected event, that throws some containers off the ship or forces the sailors to intentionally dump them, resulting in millions of dollars worth of cargo afloat in the middle the ocean.
What happens is, a whole lot of nothing. No one will actually bother to try and recover it. The cargo operators, ship owners, and owners of the actual cargo, will all file claims with their respective maritime insurance providers, and call it a day.
The same principle applies everywhere, including in cybersecurity. Past some point, trying to reduce the risk or shift the liability to somewhere else becomes more expensive than just insuring against the expected loss.
If a company is found to have committed a tort against a party, they pay damages.
There are exceptions (the Volkswagen diesel scandal comes to mind) but generally both punishments entail paying out a monetary amount that is often lower than the profit generated by the crime, often because of tort reform or because of fine amounts that are out-of-date with current corporate revenues.
Be careful how hard you push for this - this is how the prosecutors in the Royal Mail fiasco drove postmasters out of business and drove a few to suicide.
Which required more tech, not less.
Tbh Iām in favor of holding C-suite responsible for the actions of their company, unless the company has extremely clear bylaws regarding accountability.
If, say, a health insurance provider was using an entirely automated claim review process that falsely denies claims, I think the C-level people should be responsible.
I'm the case of self driving cars, the company itself could be held liable. Everyone invested in the company who puts a bad product in the market should be financially impacted. The oligarchy we are heading for wants no accountability or oversight -- all profit, no penalty.
Admittedly this may result in some strange results if followed to its logical conclusion, like a product manager at a self-driving car company being the recipient of ten thousand traffic tickets.