Towards a right to cybersecurity in EU law? The challenges ahead

Abstract

This article aims to engage with the scholarly debate on the introduction of a new fundamental right to cybersecurity in EU law. In particular, the legal analysis focuses on three legal challenges brought about by a theoretical framework for development of a new right to cybersecurity. They regard: i) the need for a new right to cybersecurity against the background of the existing fundamental right to security (Art. 6 EU Charter of Fundamental Rights, CFR); ii) the actual content of this new right; and, iii) how such a new right could be implemented. The article concludes by advocating for the need of acknowledging a new right to cybersecurity in EU law.