Ongoing Changes in Cyber Security Legislation

Tomáš Gábriš

In: ADAMOVÁ, Z. (ed.) Nové technológie, internet a duševné vlastníctvo 5. Trnava: Typi Universitatis Tyrnaviensis, spoločné pracovisko Trnavskej univerzity v Trnave a VEDY, vydavateľstva Slovenskej akadémie vied, 2021, pp. 43-66. ISBN 978-80-568-0232-8.

Abstract: Slovak Republic in its ongoing process of amending the Act No. 69/2018 on Cybersecurity failed to take note of the EU Toolbox and to implement its requirements so as to ensure the goal of digital sovereignty of both the EU as well as that of Slovakia. In this brief paper we have provided an overview of various regulatory models used in other EU Member States that Slovakia and other EU Member States can follow in implementing the Toolbox – both with regard to ensuring the security of suppliers, as well as with respect to diversification of suppliers. With the former, we would rather plead for a positive list of “allowed” suppliers, based on objective criteria, which may be formed e.g. according to the Dutch example. This prevents the negative labelling of some of the suppliers by the official authorities of the EU Member States whereby instead of their opposing to inclusion in a “banned” list, they can rather show evidence as to their fulfilment of all the criteria required in order to be included in the “White list”. Of course, the criteria should not be manifestly discriminatory, rather they should be explicitly emphasizing the security aspects of the criteria selected. Secondly, with regard to diversification, the legal regulation should certainly also take into account material, procedural as well as transitional aspects of the matter – respecting the existing contracts and/or providing for their gradual limitation in scope and duration so as to reach the goal of diversification in the very end. Again, even here some foreign models as to horizontal and vertical diversification can be used, similarly as with the screening of foreign direct investments. Finally, the regulation to be introduced with regard to blocking and access by the National Security Authority of Slovakia to any and all system information should be very carefully phrased, in a manner consistent with the rule of law principle.

Key words: cybersecurity, 5G networks, EU Toolbox.

URL: http://ntidv.iuridica.truni.sk/archive/ntidv-5/NTIDV-5-Gabris-Tomas.pdf

Bibliographic Citation

GÁBRIŠ, T. Prebiehajúce zmeny v právnej úprave kybernetickej bezpečnosti. In: ADAMOVÁ, Z. (ed.) Nové technológie, internet a duševné vlastníctvo 5. Trnava: Typi Universitatis Tyrnaviensis, spoločné pracovisko Trnavskej univerzity v Trnave a VEDY, vydavateľstva Slovenskej akadémie vied, 2021, pp. 43-66. ISBN 978-80-568-0232-8.