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A Guide to Policy Making in Europe's Cyber Landscape

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A Guide to Policy Making in Europe's Cyber Landscape A Guide to Policy Making in Europ e’s Cyber Landscape N o v e m b e r 2019 www.GlobalCyberPolicyWatch.com i Table of Contents Executive Summary ............................................................................................ 1 An Overview of the European Commission ...........................................................2 The Juncker Commission – Cybersecurity as a Priority ..........................................2 Notable Cybersecurity Developments .................................................................................... 3 A Look Ahead to the von der Leyen Commission ...................................................4 Agenda ..................................................................................................... 5 Commissioner-Elects ................................................................................... 5 Conclusion ......................................................................................................... 5 A Guide to Policy Making in Europe’s Cyber Landscape Executive Summary As global cyber threats continue to develop and Cybersecurity risk is escalating and evolving in alter the cyber ecosystem, it is important for the our increasingly interconnected world. Attacks on European Commission to be willing and able to communications networks are not confined within tackle possible cyber threats. This issue brief aims borders and do not discriminate between end to explain the structure of the EU’s governing users. Cybersecurity continues to manifest itself as bodies, highlight the work that has been done a priority around the world. The European Union thus far with respect to cybersecurity, and provide (EU), for example, has been working to get ahead of an overview of growth to expect from the new possible threats, positioning itself as a leader in the European Commission. digital community. Key Takeaways The cybersecurity of Europe is tied to the European Commission, one of the main legislative bodies of • The European Commission is the main driver of the the EU. The Juncker Commission, the European European Union’s policy direction Commission in office since November 1, 2014, is • The Juncker Commission transformed the European credited with launching a large project called the Commission’s approach to cybersecurity Digital Single Market (DSM). Since its inception in May 2015, this project has aimed to tear down • The Digital Single Market is driving a more unified regulatory barriers and create a single EU-wide digital marketplace for Europe and is developing cybersecurity measures to maintain integrity in the digital market, contributing 415 billion euros per new marketplace year in economic growth. In order to successfully execute the project, vast cybersecurity measures • The incoming von der Leyen Commission (set to have been – and must continue to be – taken to assume office on December 1, 2019) will expand upon these efforts and has proposed legislation to regulate guarantee its sustainability in the current era. hate speech, illegal content, and political advertising December 1, 2019 will mark the beginning of a new European Commission: the von der Leyen Commission. This incoming legislative body is inheriting a Europe that is increasingly committed to understanding the cyber threats that countries will face in the 21st century. However, cyber risks are not, by nature, static. They are always progressing and becoming more complicated, making apparent the need for a unified response that transcends country lines. While the Juncker Commission has been working to establish the DSM and a cybersecurity framework to protect it, the von der Leyen Commission will need to fortify that framework to ensure the integrity of the DSM and other critical infrastructure. 1 An Overview of the The Juncker Commission – European Commission Cybersecurity as a Priority The European Commission helps shape the European As mentioned above, the primary project that Union’s (EU) overall strategy, proposes new EU laws the Juncker Commission has undertaken to push and policies, monitors implementation of legislation, Europe to the forefront of the digital world is the represents the EU internationally, and manages Digital Single Market (DSM). This project, which the EU budget. Heading the Commission is the was announced in May 2015, is the EU’s strategy Commission President, who leads 28 Commissioners, of connecting all of Europe to a single digital each responsible for a different portfolio of issues. market and asserting Europe as a world leader in the digital economy. The goals of the DSM are to Besides the European Commission, the other two provide better access for consumers and businesses main institutions involved in the EU legislative to digital goods and services across Europe; create process are the Council of the European Union, which the right conditions and a level playing field for represents the governments of each Member State, digital networks and innovative services to flourish; and the European Parliament, which represents the and maximize the growth potential of the digital EU’s citizens through direct elections. The only body economy. The Commission also aims to prepare the allowed to propose legislation is the Commission, EU’s single market for the digital age by removing while the other two bodies approve or disapprove unnecessary regulatory barriers, such as incongruent of such bills through co-decision. Once legislation packaging, marking, and labeling requirements is passed, the Commission and Member States among the different EU nations. implement them, and the Commission ensures that the laws are implemented correctly. The aim of the Juncker Commission is to create a digital single market where the free movement of goods, However, the Council and Parliament wield a system persons, services, capital and data is guaranteed – of checks on the Commission. The European Council and where citizens and businesses can seamlessly and nominates a Commission President to be elected by fairly access online goods and services, whatever their the newly-elected European Parliament. Once elected, nationality, and wherever they live. the Commission President selects one potential Commissioner from each Member State, who must In doing this, the Commission hopes to generate and then be accepted as a cohort by means of a majority support opportunities for start-ups and companies vote by both the Parliament and Council. to grow and innovate within Europe’s 500 million- person market. While the European Commission For the past five years, the European aspires to create this digital marketplace for Europe, cybersecurity plays a crucial role in the project’s goal. “ Commission has been one of In order to maintain faith in this new digital economy Europe’s main drivers of change that relies on seamless transactions over the internet, in the digital world. individuals and companies must have assurances that ” it won’t be easily disrupted by a cyberattack. Thus, implementing proper cyber hygiene is crucial to this For the past five years, the European Commission new project to safeguard it from vulnerabilities. By has been one of Europe’s main drivers of change in improving the cybersecurity of Europe and building the digital world. The impending end of the Juncker out its promise of a DSM, the Juncker Commission Commission demands a review of its successes has given EU citizens confidence in the promise of and strides in advocating for digital change and an online world. cybersecurity reform. 2 By improving the cybersecurity of On July 6, 2016, the Directive on security of network “ Europe and building out its promise and information systems (the NIS Directive) was instituted as the first EU-wide legislation on of a DSM, the Juncker Commission cybersecurity after the DSM was announced. The NIS has given EU citizens confidence in Directive provides legal measures to boost overall the promise of an online world.” cybersecurity by ensuring: • Member States are appropriately equipped with a Carlos Moedas has been serving as the Commissioner Computer Security Incident Response Team (CSIRT) on Research, Science, and Innovation. In this role, Network and a national NIS authority; he oversees Horizon 2020, a large fund charged with • Cooperation among Member States through a NIS investing nearly 80 billion euros in research and Cooperation Group in order to facilitate strategic innovation in the EU, spanning from 2014 to 2020. cooperation and exchange of information; and The fund is actually the 8th Framework Programme • A culture of security across sectors, including the (FP8) of the EU, which is centered on innovation, energy, transport, water, banking, financial, and delivering economic growth faster, and delivering healthcare sectors. solutions to end users – typically government agencies. Horizon 2020 recognizes that security in The NIS Directive has had the positive effect of Europe has evolved beyond conventional preservation encouraging organizations to address cybersecurity tactics. One of the project’s goals is to protect people issues. One of the most important things to come and structures from cyberattacks. out of this Directive was that it formalized the Commission’s work on improving the cybersecurity In order to ensure that Europeans and the global of the EU. A cybersecurity framework takes time to community have trust in the DSM, the Juncker fully develop, but the incremental steps taken by Commission has used the funding of Horizon 2020 to the Commission since
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