Current Cyberthreats and Relevant Legal Instruments in EU and Canada

12 Pages Posted: 30 Jul 2018

See all articles by Eliška Nováčková

Eliška Nováčková

Charles University in Prague - Faculty of Law

Date Written: July 17, 2018

Abstract

The article deals with current cyberthreats in the European Union and Canada which is complemented by a relevant legal framework. Canada has been chosen because it is an EU Member States signatory to the Convention on Cybercrimes and because its legislation is newly revised and adopted for examined cyberthreats. In the context of criminal law specifics in the EU there is also mentioned a legal framework in the Czech Republic, with presentation of statistical data provided by the Police of the Czech Republic, with regard to specific penal law harmonisation within the EU and transposition in the cyber area. For the purposes of this article five cyberthreats important for both examined areas have been selected and further analysed, i.e. malware, web-based attacks, phishing, spam and ransomware. The law related to these cyberthreats in Canada, in the EU and in the Czech Republic is compared and main sections of these acts and directives have been described. Transborder cyberspace requires effective information sharing, cooperation of authorities and common approach to detect, investigate and punish cybercrimes across the continents. The variety of cyberthreats and related growing danger require more effective means and more interconnected cooperation between the authorities, private entities and states and organisations as well. The comparison of the Canadian and European legal approach in the conclusion indicates possible future steps for cybercrime punishment.

Keywords: Cyberthreats; Cybercrime; European Union; Canada; Criminal Law

Suggested Citation

Nováčková, Eliška, Current Cyberthreats and Relevant Legal Instruments in EU and Canada (July 17, 2018). Charles University in Prague Faculty of Law Research Paper No. 2018/II/2. Available at SSRN: https://ssrn.com/abstract=3215960 or http://dx.doi.org/10.2139/ssrn.3215960

Eliška Nováčková (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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