Legal Aspects of Cybersecurity in the Energy Sector—Current State and Latest Proposals of Legislative Changes by the EU

Michał Krzykowski

doi:10.3390/en14237836

Abstract

Due to the strategic nature of the energy sector, legal solutions to protect cross-border electricity and gas connections will be of particular importance. The author realizes that at the present stage of development, the cross-border impact may also be manifested by generating units (e.g., wind farms) or even end users themselves. The lack of harmonized regulations in this area may not only lead to limitations in the physical supply of electricity and gas, but also affect future investment decisions regarding, for example, new generation capacities. In a broader aspect, it will delay, and in the extreme case prevent, the achievement of the objectives resulting from the EU energy policy, in particular integration within the single energy market. In this article, the author identifies devices and entities responsible for energy infrastructure that should be classified as necessary for the functioning of the single energy market. The research includes the analysis and evaluation of regulations governing cybersecurity in the energy sector, taking into account the interdependencies within, intersectoral and cross-border. In addition, the author refers to the need to introduce individual legal solutions regarding the protection of energy infrastructure.

Highlights

In view of the progressing digitization & digitalization of the internal market, as well as the changing threat landscape, the issue of energy infrastructure protection has become incredibly pertinent to uninterrupted trade and investment in the energy sector
Its multi-faceted and interconnected nature means that the energy sector requires legal solutions that would facilitate effective security at each stage of the electricity/natural gas supply chain
The need to ensure cybersecurity in the energy sector has definitely become more pressing in recent years

Summary

Introduction

In view of the progressing digitization & digitalization of the internal market, as well as the changing threat landscape, the issue of energy infrastructure protection has become incredibly pertinent to uninterrupted trade and investment in the energy sector. There is no doubt that energy transformation—based on the development of distributed renewable energy, increased energy efficiency, demand flexibility, energy storage, and the combining of sectors—will be mostly driven by digital solutions (under the general umbrella of digitalization) These technologies form one of the pillars of modern energy policy of the EU (as well as the USA, China, and others), which is based on three fundamental principles—the three “D”s of decarbonization, digitalization, and decentralization [3]. Its multi-faceted and interconnected nature means that the energy sector requires legal solutions that would facilitate effective security at each stage of the electricity/natural gas supply chain (disrupting one component of the chain may affect the operability of the sector in question, and cause ripple effects on other areas of the economy) This problem is further exacerbated by the fact that cybersecurity incidents have been increasingly taking place across borders, whereas the jurisdictions of—and policy responses by—cybersecurity authorities are predominantly national.

Materials and Methods

Cybersecurity as a Concern for the Energy Sector

Conclusions

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