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Lecture notes Cybersecurity Law

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The lecture notes on Cybersecurity Law could comprise a comprehensive summary of lectures or seminars covering the legal aspects of cybersecurity. They might encompass topics such as data protection laws, international cyber laws, liability in cyberspace, regulation of cybersecurity measures, right...

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  • April 29, 2024
  • 126
  • 2023/2024
  • Class notes
  • Marc stuhldreier
  • All classes
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Vorlesung Nr. 1
What is law?


- ‘The law’ is a system of rules and regulations created by a governing authority to regulate
human behaviour in society.
- It serves as a fundamental framework shaping and governing individual conduct, and
maintaining order, justice, and harmony.
- Legal systems provide governance, in that they establish a social contract which outlines
acceptable behaviour and provides means for dispute resolution.
- Law broadly encompasses criminal, civil, and administrative aspects, that generally reflect
societal values.
- Law thus plays a crucial role in establishing and preserving social order, acting as a
deterrent to potential wrongdoing.
- Not all laws provide punishments for non-compliance; commonly, however, laws provides
rules and defines sanctions to ensure compliance.
- Law serves as a mechanism for dispute resolution, reducing the likelihood of victims
retorting to self-help or violence.
- The purpose of law is multifaceted, including the establishment and maintenance of social
order and the protection of individual rights.
- Law facilitates effective governance, outlining powers, responsibilities, and limitations of
government entities, fostering accountability.
- Law is inherently interdisciplinary, intersecting with sociology, politics, economics, ethics, and
history; this interdisciplinary approach is further essential in fields like IT law and
cybersecurity.

,Sources of Law


International Law
Treaties and Agreements:
• Agreements between sovereign states governing
their relationships.
• Examples: Human Rights Conventions, global trade
agreements.
International Custom:
• General practices accepted as law by states.
• Principles of significant concern and weight.
General Principles of Law:
• Fundamental legal principles recognized by civilized
nations.
• Includes the rule of law and considerations of
fairness and justice.


EU Law
Primary EU Law:
• EU Treaties: Treaty on European Union, Treaty on
the Functioning of the European Union, and the
Charter of Fundamental Rights.
• Highest laws for both the EU and its Member States.
Secondary EU Law:
• Regulations: Directly binding in all member states.
• Directives: Need implementation into domestic law.
• Decisions: Legally binding.
• Case law of the European Court of Justice provides
official interpretations.

,Swedish Law
Constitutional Documents:
• Instrument of Government, Act of Succession,
Freedom of the Press Act, Fundamental Law on
Freedom of Expression.
Acts of Parliament:
• Legislations passed by the Swedish Riksdag.
Government Regulations:
• Decisions and regulations issued by Swedish
government agencies.
Case Law:
• Judicial decisions from Swedish courts.
• Interpretations of the law in real-world scenarios.


Soft Law: non-binding instruments like declarations and guidelines, lacking traditional legal
enforceability but carrying significant influence (for example
in interpreting the law).
Industry Standards: developed within specific sectors, are non-binding norms widely accepted
as best practices; they can gain legal viability through
incorporation into contracts.


What is Cybersecurity?
Cybersecurity Basics:
• Protects digital systems, data from unauthorized access, attacks, and damage.
• Ensures confidentiality, integrity, and availability of information in interconnected, digital
world.
Vulnerability Management:
• Identifies and mitigates weaknesses in software, hardware, preventing exploitation.
Threat Landscape:
• Various threats, from common malware to advanced persistent threats (APTs).
• APTs involve sophisticated, prolonged cyber-attacks for espionage or data theft.

, Security Measures:
• Access control manages and restricts digital resource access.
• Encryption converts sensitive information into unreadable code for added protection.
Response and Training:
• Incident response addresses and mitigates security incidents.
• Cybersecurity awareness training educates about threats, best practices.


What is Cybersecurity law?


• Cybersecurity Law addresses challenges in evolving cyber activities and
is crucial with our increased reliance on digital technologies.
• The main scope is focussed on providing regulation for safeguarding
individuals, organizations, and critical infrastructure from cyberthreats.
• Cybersecurity law includes, among others, data protection,
privacy, incident response, and regulatory compliance.
• It includes regulations ensuring responsible data handling and
privacy protection.
• Cybersecurity Laws further emphasise transparency and user
consent for data processing.
• Cybersecurity Law holds organisations accountable for security failures.
• Governments further recognised the need for legal frameworks to
prosecute cybercriminals.
• Modern Cybersecurity Law reflects the delicate balance between
technological innovation and security needs.

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