Elgar Encyclopedia of European Law

Cyber law-making is dominated increasingly by geopolitics and technological rivalry between China and the US. EU cyber activities have important international components, increasingly to be found alongside and even in trade agreements with third countries. There is a significant push to evolve the EU’s position as a legislator in cyber matters, targeting all ranges of user, from individuals, hardware and software manufacturers. It has eclipsed the role of the member states. Similar to many policies impact of the war in Ukraine on cyber resilience and cyber warfare cannot be underestimated and is the subject of a vast range of measures. The efforts of the EU to develop and deliver a comprehensive agenda to govern the digital space and charter a path towards digital sovereignty. Europe’s cybersecurity framework encourages cooperation and information sharing between cyber actors, including the private sector, increasingly focuses upon capacity building and resilience and also places emphasis now upon incident response. This trust in private parties is far from problematic particularly in an era when the geopolitical element of cyber law-making appears inescapable.