Cybersecurity, threats and risk management

The importance of implementing cybersecurity measures has been highlighted in recent years by high profile security failures involving the internet, the technology, and the services which support and make use of it. Against this backdrop, cybersecurity is of growing significance both to businesses and individuals. Organisations should be aware of their existing measures and, in the words of the UK government, ‘accept responsibility for their cybersecurity and ensure that they have the appropriate controls and systems in place to deter and deal with breaches if they do occur’.

The effect of convergence in a digital world has further operated to bring issues involving cybersecurity to a diverse range of industries and legal practice areas. This is reflected in a patchwork of current and proposed regulation to combat information security threats and manage data use together with a growing appreciation of the need for standards and a harmonisation of practice and regulation.

For a list of the key bodies or organisations that operate to combat the threat of cybercrime, see Practice Note: Cybercrime—list of relevant authorities.

For information on cybersecurity regulation in other jurisdictions,

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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