Current Cyberthreats and Relevant Legal Instruments in EU and Canada

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