Cybersecurity

The importance of implementing cybersecurity measures has been highlighted in recent years by high profile security failures involving the internet, the technology, and the services which support and make use of it. Against this backdrop, cybersecurity is of growing significance both to businesses and individuals. 

On 16 December 2020, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented an EU Cyber Security Strategy. This strategy covers the security of essential services in the EU (eg hospitals, energy grids and railways) but also the security of connected objects in homes, offices and factories. The strategy focuses on building collective capabilities to respond to major cyber attacks and working internationally to ensure international security and stability in cyberspace.

Key EU cybersecurity initiatives include the EU Cybersecurity Act, the Digital Operational Act (DORA), the NIS 2 Directive, the EU Critical Entities Resilience Directive (CER Directive), the EU Cyber Security Regulation, the EU Cyber Resilience Act and the EU Cyber Solidarity Act.

Practice Note: EU Cybersecurity initiatives tracker tracks the key steps of legislative initiatives on cybersecurity in the EU.

Practice

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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