Features of cyber security policy formation of the European Union: legal aspects

Abstract

The article deals with the current legal and organizational principles of the European Union`s cybersecurity, the problems and prospects for the development of the relevant EU mechanism in the context of modern cyber threats. The evolution and qualitative dynamics of the EU cyber policy from the adoption of the first legal acts in the early 2000s to the publication of the second EU Security Strategy draft in December 2020 are analyzed. The study found that the European Union has the potential to achieve strategic autonomy in cyberpolitics. However, it needs a more coherent policy of coordination, further increase of funding and building of institutional capacity of the EU, equalization of member states possibilities. The conclusions state that Europe is interested in the comprehensive development of EU cybersecurity policy. The cross-border nature of cyber threats means that the EU's resilience in this matter directly affects its security. The current direction of the EU's capacity building and especially close cooperation with NATO provide a chance to avoid difficult political dilemmas. Official data from the European Union's Cyber Security Agency show that the number of violations of privacy is growing among the types of cyber attacks. This puts on the agenda the activities of EU structures and Member States the need to develop a system of human rights protection in the field of cybersecurity. One of its basic elements should be updated legislation, in particular, the new EU Cyber Security Strategy. The European Union does not stop there and constantly strives to develop opportunities to counter and prevent cyber threats in order to achieve strategic autonomy of the organization. The EU needs to overcome its excessive bureaucratization and imbalance in the funding of cyber policy management programs and the practical development of cyber attack protection, prevention and repulsion systems. The EU’s place in the future global cybersecurity system will depend on the real strengthening of this second segment of programs.