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Harmful cyber operations in the EU. Bridging the gap between EU and national legal approaches

Eva Saeva

Cyberspace has become increasingly important for modern society. Its emergence and growing relevance has led to a rise in cyber threats, including transnational cybercrime, cyberespionage and cyberattacks against critical infrastructure. In the EU cyberattacks against government institutions and critical infrastructure have significantly increased since the first cyberattacks against a Member State in Estonia in 2007. After years of negotiations on promoting closer cooperation on issues such as data protection and internal security of the Union, the NIS Directive, the first EU comprehensive cybersecurity legislative document, entered into force in August 2016.The aim of this project is to analyse EU’s approach to the legal complexities of cyberwarfare. More specifically, by enquiring how the laws of jus ad bellum and jus in bello apply to cyberspace, the study will address EU’s legal strategies in the age of cyberwarfare and will investigate what effect the Directive will have on, and how it will be transposed into national laws considering the different levels of currently existing cybersecurity measures in the MS. Read Eva's blog post on Crossroads Europe based on this paper: bit.ly/2whkVqg



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