The evolution of EU–US cybersecurity law and policy: on drivers of convergence

Abstract

ABSTRACT The digitalisation of the economy increases the vulnerability of both economies in the EU and the US, as does its transborder dimension. Cyber policy has evolved over time on both sides of the Atlantic. The EU began initially to emphasise cybercrime regulation but its focus upon cybersecurity now dominates, similar to the US. The internal market has evolved as a rationale for regulation in the EU and to similar effect a market-led approach dominates in the US. While in the EU a comprehensive cybersecurity law has been adopted, the US lacks a uniform federal cybersecurity law. Despite many domestic divergences, there is considerable similarity between the US and the EU. Substantively, these divergences have not inhibited convergence. Geopolitical considerations as to cyber have accelerated an ongoing process, driven by the transborder nature of cyber security and the global leadership of the EU and the US.