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ARTICLE · 11 NOVEMBER 2026

PHP2Shell: Legal And Regulatory Implications For Multinational Businesses

McDermott Will & Schulte
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Critical vulnerabilities in PHP, known as PHP2Shell, enable attackers to take over websites and access sensitive data. With patches available but many systems remaining unpatched, companies face urgent security obligations and potential regulatory reporting requirements across multiple jurisdictions.

GlobalPrivacy
Pilar Arzuaga
Pilar Arzuaga
Michael G. Morgan
Michael G. Morgan
David P. Saunders
David P. Saunders
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Overview

On 21 October 2026, it was announced that there were two critical vulnerabilities in PHP, a script used to build approximately 70% of the websites available on the internet. Those vulnerabilities are CVE-2026-109618 and CVE-2026-109619 (together, PHP2Shell) and they enable a third party to gain access to a website’s code – effectively taking over the website and gaining access to the data that flows through or is collected by the website. Patches for the PHP2Shell have been released, but many websites remain unpatched.

Companies with websites built using PHP should patch their websites, but at this stage they may have bigger issues. There are already confirmed reports of the PHP2Shell leading to data compromises that will require companies to investigate the scope of the incident, and potentially notify impacted persons and regulators of a data breach. Companies should take the risk posed by PHP seriously, and work with IT teams and lawyers to ensure that risks posed by

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