Cybersecurity in the European Union Law (original) (raw)

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’.

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.

European Union Cybersecurity Strategies and Policies Emerging Initiatives in Cybersecurity Policy-HLS654

Cybersecurity Policies Cybersecurity refers to as the measures, technologies or body used and put in place to protect the programs, networks, and computers from attacks or unauthorized access that are normally for exploitation of the systems. It is also known as electronic or technology security information. Statistics show that the United States of America spends more than 12 billion annually for cybersecurity in the country and warn against the security attacks. Cybersecurity attacks are classified into three main groups which include; Cybercrime that involves groups of people that attack and target a system for financial purposes or gain. Cyberwar which is always political and socio-cultural torture and the last form of cyber-attack is the cyber terror which normally interrupt the computer systems and programs causing a panic attack to the members of the society, normally covers a higher population. The attackers use different methods to capture and control computers through viruses and worms. These techniques damage the system and computer files for example when one sees a sent up or an email that contains an attachment when downloaded thinking it's a legitimate file, but it contains viruses that trigger all the files and program's in the computer system.

The European framework for cybersecurity: strong assets, intricate history

International Cybersecurity Law Review

Over the last decade, the European Union (EU) has demonstrated a consistent determination to promote a global, open, stable, and secure cyberspace for everyone. A structured (and chronological) review of key EU documents, reports, and directives on cybersecurity shows that the recommendations from the relevant EU institutions (Parliament, Commission, Council) have been persistent over time, reiterating the same core issues that seem to not yet have been solved after a decade of debates and experts’ advice. Since at least 2012, EU institutions have identified the two domains that are under constant critical observation for the deployment of a coordinated European cybersecurity approach—gaps in policies and poor integration—while the European fundamentals of cybersecurity (both human and physical) have been consistently seen as an asset rather than a liability. However, the progressive de-professionalization of coding that tends to blur the distinction between amateurs and professiona...

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.

Cybersecurity in the EU: Threats, Frameworks and future perspectives

Cybersecurity in the EU: Threats, Frameworks and future perspectives, 2019

For several years now, as technology integrates into our lives, security of individuals, organizational and states is challenged by high-profile cyber incidents. Particularly, as the digital era began, it brought new possibilities and positive prospects for communication, trade and businesses. It provided easier and faster access, alleviated transport and several services. More and more daily activities and transactions are conducted through the use of Internet and technological devices. Soon challenges, threats and risks developed in the cyber space, rooted in the acceleration of technology. Virtual attacks are threatening government institutions, critical infrastructure. Sensitive information or personal data are exposed. The digitalization overall can create more fragile and exposed to dangers societies. Obviously, with the utilization and expansion of cyberspace, its security has been addressed as highly important for governmental and non-governmental actors. Over the past years, the European Union has acknowledged the increasing threats deriving from the nature of our digitally driven world, the reliance on automation and the connection to data. Thus, the EU wants to take the responsibility of cyber security in its own hands by shaping a comprehensive and integral cyber security strategy for its member states as an effort to strengthen the resilience of cyberspace, mitigate the cyber threats and explore all the benefits of digital transformation. This paper explores the territory of cyber security in the European Union. In the first place, it reflects on the challenge of defining “cybersecurity” by the European Union. Secondly, it maps the cyber security threats which pressed EU to shape a cyber security strategy. Then, it aims to identify the main cyber security capabilities, frameworks and tools of the EU. The last sectionfeatures the future steps of the European Union towards cyber security and reveals some challenges that the EU member states face in order to achieve a common cyber security policy and cyber security management at the EU level.

Legal aspects of fighting cyber crime in the European Union

Oditor

The development of information technologies and the Internet and the commission of criminal acts in this new environment leads to the emergence of transnational, high-tech crime. Competent bodies for the fight against crime are hindered in achieving results by the traditional division into national jurisdictions, while there are no such restrictions for perpetrators. Cyber activities cause great damage and consequences to natural or legal persons, illegally appropriate financial resources and protected data. The specificities of high-tech crime require the specialization of state authorities because in the fight against crime, individual rights, privacy and freedoms of individuals must not be jeopardized. The aim of this paper is to show how the legislation of the European Union (EU) and the activities of its institutions improve the prevention, investigation and prosecution of perpetrators and build capacities in the judiciary. Harmonization of domestic law with EU law in the field...

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.

Data and Security Breaches and Cyber-Security Strategies in the EU and Its International Counterparts

2013

This long briefing provides an overview of the definition of security incidents and breaches and an analysis of their scale and trends. We summarise the current EU-level efforts to address network and information security, review some of the provisions of the Commission's 2013 proposals for a Network and Information Security Directive and offer recommendations. We have some potentially major concerns including the relationship of incident notification achieving the outcomes of the directive, potential for overlapping regulation and definitions of covered entities. We also suggest that it would be helpful to clarify what kind of incidents the Directive is aimed to address.

International Regulations of Cybersecurity

Cybersecurity in Poland

There is no doubt that, due to the global nature of modern ICT networks, international cooperation plays a key role in ensuring cybersecurity, including in the fight against cybercrime.This chapter describes initiatives taken within international organizations to ensure cybersecurity and the prevention of cybercrime. The presentation will start with the initiatives of the OECD and the Council of Europe. This is due not only to some kind of “Eurocentrism” but above all to the fact that these two organisations were the first to address cybersecurity and cybercrime issues. In addition, the Council of Europe Convention 185 on CyberCrime of November the 23rd, 2001, an international agreement concluded in the Council of Europe, is a milestone in the prevention of computer crime, remaining the only binding act of international law to combat it. Its importance is best demonstrated by the constantly growing number of signatories (and countries that model without signatures after the provisio...