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ZEI Discussion Paper C 253 / 2019

Agnes Kasper / Alexander Antonov: Towards Conceptualizing EU Cybersecurity Law

ZEI Discussion Paper C 253 / 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’.

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