THE ROLE OF CYBERSECURITY IN THE PUBLIC SPHERE -THE EUROPEAN DIMENSION (original) (raw)

Cybersecurity in the European Union Law

Cybersecurity in Poland

The first legal acts adopted within the framework of the European Communities were adopted in the early nineties. However, they were not binding. They contained calls for appropriate actions, identification of some solutions, proposals for draft legal acts, strategies and action plans to improve network security.This chapter, however, highlights the most important binding acts: the first binding EU legal instrument to combat computer crime: Council Framework Decision 2005/222/JHA of the 24th of February 2005 on attacks against information systems, Directive 2013/40/EU of the European Parliament and of the Council of the 12th of August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA and Directive (EU) 2016/1148 of the European Parliament and of the Council of the 6th of July 2016 concerning measures for a high common level of security of network and information systems across the Union.

Cybersecurity Regulation in the European Union: The Digital, the Critical and Fundamental Rights

The International Library of Ethics, Law and Technology

This chapter provides an overview of the European Union (EU) policies and legislative measures developed in an attempt to regulate cybersecurity. By invoking a historical perspective, policy developments that have shaped the cybersecurity landscape of the EU are highlighted. More concretely, this contribution investigates how the EU has been delimiting and constructing its cybersecurity policies in relation to different and sometimes opposing objectives, and questions what such choices reveal about (and how they determine) the evolution of the EU's cybersecurity policy and its legal contours. For this purpose, the major steps in the evolution of the EU's agenda on cybersecurity are analysed, ranging from the adoption of the 2013 Cybersecurity Strategy to other numerous norms, initiatives and sectorial frameworks that tackle issues arising from the active use of information systems and networks. The chapter reviews the mobilisation of multiple areas (such as the regulation of electronic communications, critical infrastructures and cybercrime) in the name of cybersecurity imperatives, and explores how the operationalisation of such imperatives surfaced in the EU cybersecurity strategy published in September 2017. The chapter suggests that one of the key challenges of cybersecurity regulation is to impose the right obligations on the right actors, through the right instrument. Reflecting on issues surrounding the current liability framework dating from the 80s, it considers how principles such as data protection by design and default as well as the 'duty of care' have emerged. Finally, the chapter considers how the perception of cybersecurity's relationship with (national) security plays a determinant role in the current EU legislative and policy debates, where fundamental rights considerations, despite being acknowledged in numerous policy documents, are only considered in a limited manner.

WHERE ARE THE CHANGES IN EU CYBERSECURITY LEGISLATION LEADING?

Humanities and Social Sciences quarterly, 2023

Cybersecurity policy is a response to the growing instability of the virtual world and the threats emanating from this area. This article tries to show how changes in legislative and strategic provisions can affect the EU's cybersecurity policy. The analysis of the field of cybersecurity in the European Union, the subject of which is the union itself, allows the authors to demonstrate the existence of such a policy in the EU. The subject of the analysis is the phenomenon of cyberterrorism as a threat and its specificity as a form of violence. The article shows how policy and strategy are interrelated, paying particular attention to the security concept of the European Union. The starting point of the research is the analysis of issues related to the specific nature of EU cyberterrorism policy and the most important legal bases in this field, on which EU cybersecurity policy is built. The preliminary study defines the concepts of cyberterrorism, cybercrime, and cyberwar, showing their impacts on the national security policy of the information society and, thus, also on the cybersecurity policy of the EU.

ZEI Discussion Paper C253/2019 - Agnes Kasper and Alexander Antonov - Towards Conceptualizing EU Cybersecurity Law

2019

Cybersecurity has developed into horizontal policy issue in the European Union in the last two decades. In relevant domains technological, policy and legal measures are implemented to protect the EU against cyber threats, however it is unclear where the boundaries of cybersecurity might be in the absence of a commonly agreed and operational definition. Therefore, we raise the question how coherent and coordinated the EU legal responses to cybersecurity challenges can be if the boundaries of cybersecurity are not set. A well-balanced regulatory framework would require a systematic analysis of the potential harms that relevant measures aim to address, understanding of the impact of measures in different policy domains and interactions between these. Hence we study the Wannacry cyber crisis in order to establish the types of harms EU cybersecurity-related laws can aim to address, examine what elements of the cyber ecosystem needs to be secured and can be targeted by regulatory intervention, as well as we examine the main pieces of current and proposed EU legal frameworks relevant for cybersecurity in order to draw some conclusions on the scope, nature and aims of the emerging field of ‘EU cybersecurity law’.

Sviatoslav Kavyn, Ivan Bratsuk, Anatoliy Lytvynenko, Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France (2021)

S. Kavyn, I. Bratsuk, A. Lytvynenko, Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France, 121 Teise, p.p. 135-147 (2021), 2021

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.

THE CHANGING ROLE OF THE EU IN CYBERSECURITY

Biztonságtudományi Szemle, 2019

Cyberspace poses a great challenge to the traditional governance, that is mainly state-centric-it challenges the traditional concepts like security, borders, privacy and sovereignty. Legal discussions about cyberspace governance often focus on international cybercrime arrangements, international standards and national sovereignty. Due to the globalisation and the interconnected nature of cyberspace and the cross-border impacts of attacks, it has been made impossible for any organisation to manage cyberspace and cyber threats without an adequate level of cooperation with various partners and allies. This is especially relevant in certain areas of national security, as well as in the Common Foreign and Security Policy (CFSP) of the European Union. But what does cybersecurity mean for the European Union and how its viewpoint changed through the past decades? This paper analyses the EU acquis to provide an overview on EU cybersecurity policy and to understand the challenges EU currently facing as a cyber-actor.

European Union cyber security as an emerging research and policy field

European Politics and Society

The aim of this special section is to draw the readers' attention to what is an emerging policy field, to call for further research to be conducted on its multiple dimensions, and to encourage the expansion of the existing body of literature. Although cyber security has now become part of our daily lives and concerns, European Studies as a discipline is yet to fully embrace the area as a subject of in-depth research. The four articles in this special section are intended to contribute to filling this gap, by interrogating what kind of actor the EU is in cyber security and what forms of governance it employs in this area.

A EUROPEAN STRATEGY IN THE MATTER OF CYBERSECURITY

In the current historical-technological context, new forms of terrorism threatening the security of the States. In the post-global time, member States of international community deal with new types of threats to their internal security. These are threats for which conventional protection measures have revealed all their limitations and require a multilateral response and, therefore, a particular level of commitment to international cooperation in general, and the European Union in particular. Cyber-terrorism is a neologism used to define the new frontiers of international insecurity, a new type of cyber-terrorism that in anonymous mode uses the internet to affect other computers and endanger the security of the States. The Author analyzes the Joint Communication of the European Commission and EU High Representative for Foreign Affairs and Security Policy Common on "An EU strategy for cybersecurity" of 7 February 2013.

European Union policy and the use of the normative power regarding cybersecurity

Análisis Jurídico - Político

The transformation of our societies due to technological progress and worldwide spread of information technologies has established a new domain where states must establish a “normal” way of relating to each other. National legislation has been adapted in order to reach this domain; however, in an international context there are still different manners to interpret what behaviour is normal and acceptable. The European Union has established a framework regarding its own cybersecurity and aims to establish the rule-of-law to progress towards a secure digital world; it has also created sanction rules to punish behaviours which oppose its own view. This paper tries to look at what effects it has had on other major actors in the realm of cybersecurity: The United States, Russia, and China. By looking at the development of the frameworks of these countries and their actions and comparing it to the objectives of the European Union in this matter, it shows that effects have been different in...