Cybersecurity, Cloud and Critical Infrastructure

C. Millard (ed.), Cloud Computing Law (2nd Edn, OUP 2021)

45 Pages Posted: 26 Sep 2022 Last revised: 25 Jan 2023

See all articles by Johan David Michels

Johan David Michels

Queen Mary University of London, School of Law - Centre for Commercial Law Studies

Ian Walden

Queen Mary University of London - Centre for Commercial Law Studies (CCLS)

Date Written: May 1, 2021

Abstract

This paper looks at cybersecurity and the protection of critical national infrastructure, as an area of systemic risk to society. In particular, it looks at the obligations and potential penalties which apply to cloud providers under the regulatory framework established by the EU’s Network and Information Systems Directive (‘NIS Directive’). Various safeguarding and incident notification obligations apply to cloud providers either directly, because of their status as Digital Service Providers, or indirectly, because of their involvement in supply chains for essential services. We argue that there is a risk that this new regulatory framework might lead to only incremental improvements in the cybersecurity of Europe’s critical infrastructure and digital services, while generating substantial compliance activity, aimed at placating regulators and reassuring the general public.

Keywords: Cloud Computing, Cloud Services, Information Technology, Cybersecurity, Critical Infrastructure, Law, Regulation

JEL Classification: K00, K1, K13, K19, K2, K20, K23, K30, K32, K33, D62, D81, L5, L51, L86, L93

Suggested Citation

Michels, Johan David and Walden, Ian, Cybersecurity, Cloud and Critical Infrastructure (May 1, 2021). C. Millard (ed.), Cloud Computing Law (2nd Edn, OUP 2021), Available at SSRN: https://ssrn.com/abstract=4204847 or http://dx.doi.org/10.2139/ssrn.4204847

Johan David Michels (Contact Author)

Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )

Ian Walden

Queen Mary University of London - Centre for Commercial Law Studies (CCLS) ( email )

67-69 Lincoln's Inn Fields
London, WC2A 3JB
United Kingdom

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