Cybersecurity Regulation: A Global Overview of Standards and Regional Approaches Influenced by Legal Systems

Antonio Ieranò

Security, Data Protection, Privacy. Comments are on my own unique responsibility 🙂

October 10, 2024

NOTE: this is the second part of the short analisys I have been required,  enjoy :-)

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Introduction

In today’s increasingly interconnected world, where digital infrastructures underpin critical sectors like healthcare, finance, and energy, robust cybersecurity regulation has become paramount. Cyberattacks are growing in both frequency and sophistication, making it crucial for countries and regions to implement strong cybersecurity frameworks. These frameworks are shaped not only by the evolving nature of cyber threats but also by the underlying legal systems that influence how laws are drafted, interpreted, and enforced.

Legal systems—whether civil (Roman law), common law, or socialist law—play a significant role in shaping regulatory approaches. For instance, the European Union’s civil law tradition results in highly codified and comprehensive cybersecurity regulations, while the United States, operating under common law, tends to develop more flexible, sector-specific laws. China’s socialist legal system, with its focus on state control and data sovereignty, enforces stringent cybersecurity standards.

This article explores widely accepted international cybersecurity standards and region-specific regulations, with a focus on the EU’s evolving cybersecurity landscape, including the NIS2 Directive, DORA, and other key regulations. It also examines how different legal systems impact the implementation of cybersecurity frameworks, particularly in critical sectors like healthcare and finance.

Widely Accepted Cybersecurity Standards

International cybersecurity standards serve as the foundation for many national regulations, providing a common language for addressing cybersecurity risks. Several globally accepted frameworks are referenced across industries, helping organisations manage and mitigate cyber threats.

ISO/IEC 27001 – Information Security Management Systems (ISMS)

ISO/IEC 27001 is a widely recognised standard for information security management, offering a systematic approach to protecting sensitive data, managing risks, and ensuring cybersecurity resilience. This standard is particularly relevant for critical sectors such as healthcare and finance, where data protection is paramount.

NIST Cybersecurity Framework (CSF)

The NIST Cybersecurity Framework (CSF), developed by the U.S. National Institute of Standards and Technology (NIST), provides a flexible, risk-based approach to managing cybersecurity risks. It is composed of five core functions: Identify, Protect, Detect, Respond, and Recover. While originally designed for critical infrastructure sectors in the U.S., it has been widely adopted internationally due to its comprehensive approach.

CIS Controls

The Center for Internet Security (CIS) Controls offer practical, action-oriented guidelines for mitigating cyber threats. These controls are used by organisations around the world to align their cybersecurity practices with industry best practices, particularly in sectors that handle sensitive data.

ISO/IEC 27701 – Privacy Information Management

Building on ISO/IEC 27001, ISO/IEC 27701 addresses privacy information management. It helps organisations that must comply with data protection regulations like the General Data Protection Regulation (GDPR) integrate privacy controls into their broader cybersecurity strategies.

Cybersecurity Regulations in the European Union (EU)

The European Union has developed one of the most comprehensive and prescriptive cybersecurity frameworks in the world, heavily influenced by its Roman law tradition. The EU’s approach to cybersecurity is codified in several key regulations and directives aimed at harmonising standards across its member states. These regulations are essential for securing critical sectors such as healthcare, finance, energy, and transportation.

NIS2 Directive (2022)

The NIS2 Directive, which updates and replaces the original Network and Information Systems (NIS) Directive of 2016, significantly strengthens cybersecurity requirements across the EU. NIS2 expands the scope of the original directive, covering more sectors and requiring operators of essential services (OES) and digital service providers (DSPs) to implement stronger cybersecurity measures.

Key aspects of the NIS2 Directive include:

Expanded scope: NIS2 applies to additional sectors beyond the original NIS Directive, including healthcare, energy, transport, banking, and digital infrastructure.
Stricter incident reporting: Organisations must report significant cybersecurity incidents within 24 hours of detection.
Enhanced cooperation: The directive encourages greater cooperation between member states, including information sharing and coordination during cyber crises.
Cybersecurity risk management: NIS2 mandates that organisations adopt advanced cybersecurity measures, conduct regular risk assessments, and ensure that cybersecurity is integrated into their broader business operations.

The European Union Agency for Cybersecurity (ENISA) plays a key role in supporting the implementation of NIS2 by providing guidance, coordinating responses to cross-border incidents, and facilitating cooperation between member states.

General Data Protection Regulation (GDPR)

While the General Data Protection Regulation (GDPR) is primarily focused on data protection, it has significant implications for cybersecurity. GDPR sets out strict requirements for the processing, storing, and securing of personal data, particularly in critical sectors like healthcare and finance. Organisations must implement appropriate technical and organisational measures, such as encryption and pseudonymisation, to safeguard personal data.

A key challenge in applying GDPR within the EU’s civil law system is the regulation’s common law origins. The flexibility inherent in GDPR’s language has led to differing interpretations across member states, requiring ongoing clarification from the European Data Protection Board (EDPB) and national data protection authorities (DPAs). This has created a need for continuous guidance and harmonisation efforts across the EU.

Digital Operational Resilience Act (DORA)

The Digital Operational Resilience Act (DORA) is a groundbreaking regulation aimed at enhancing the cybersecurity resilience of the financial services sector across the EU. DORA focuses on ensuring that financial institutions are equipped to withstand, respond to, and recover from cyberattacks and other operational disruptions.

Key aspects of DORA include:

Cybersecurity resilience testing: Financial institutions are required to conduct regular cybersecurity resilience tests, including penetration testing and vulnerability assessments.
Third-party risk management: DORA mandates stringent oversight of third-party service providers, particularly those that supply critical ICT services to financial institutions.
Incident reporting: Financial institutions must report significant cybersecurity incidents to their national authorities within a strict timeframe.

Cybersecurity Act (2019)

The Cybersecurity Act, enacted in 2019, establishes a European cybersecurity certification framework for ICT products, services, and processes. The goal of the act is to enhance trust and security in digital products and services across the EU. ENISA is responsible for managing the certification process and ensuring that products and services comply with EU cybersecurity standards.

The Cybersecurity Act also enhances ENISA’s role as the EU’s central cybersecurity agency, giving it a stronger mandate to support member states, coordinate responses to large-scale cyber incidents, and provide guidance on implementing cybersecurity regulations.

Payment Services Directive 2 (PSD2)

The Payment Services Directive 2 (PSD2) introduces stringent cybersecurity requirements for the financial sector, particularly regarding online transactions and digital payments. PSD2 mandates strong customer authentication (SCA) for electronic payments and sets cybersecurity standards for third-party payment service providers (TPPs). Financial institutions must ensure that all customer data is protected in compliance with GDPR and other cybersecurity regulations.

The Role of Legal Systems in Shaping Cybersecurity Regulation

Different legal systems—whether Roman law (civil law), common law, or socialist law—greatly influence how cybersecurity regulations are structured, interpreted, and enforced. These legal traditions shape the regulatory approaches of regions like the European Union, the United States, and China.

Civil Law Systems (Roman Law)

In civil law systems, such as those in the EU, regulations are codified and prescriptive, with detailed rules that apply uniformly across all jurisdictions. The EU’s legal system, based on Roman law, has led to the development of comprehensive cybersecurity frameworks such as NIS2, DORA, and GDPR. However, the application of GDPR—a regulation rooted in common law principles—has led to challenges in interpretation, as civil law systems typically prefer strict codification over flexibility. This has required ongoing clarifications from EU regulatory bodies like the EDPB and national DPAs.

Common Law Systems

In contrast, common law systems, such as those in the United States, are more flexible and rely on precedent and judicial interpretation. The U.S. cybersecurity landscape is characterised by a patchwork of sector-specific regulations, such as HIPAA for healthcare and GLBA for finance, as well as voluntary frameworks like the NIST Cybersecurity Framework. This flexibility allows for quicker adaptation to emerging cybersecurity threats but can lead to inconsistencies across sectors.

Socialist Legal Systems

China’s socialist legal system prioritises state control and national security. The country’s Cybersecurity Law and Data Security Law impose stringent requirements on data localisation and cybersecurity, particularly for operators of critical infrastructure. The government’s focus on controlling data flows and protecting sensitive information is a central feature of China’s regulatory approach.

Cybersecurity Regulation for Critical Sectors

Healthcare Sector

The healthcare sector is highly regulated due to the sensitivity of personal health information (PHI) and the potential life-threatening consequences of cyberattacks on healthcare systems.

HIPAA (U.S.): The Health Insurance Portability and Accountability Act (HIPAA) requires U.S. healthcare providers and their associates to implement administrative, physical, and technical safeguards to protect electronic personal health information (ePHI).
GDPR (EU): In the EU, healthcare providers must comply with GDPR when processing health data. GDPR mandates strict security measures, such as encryption and access controls, to ensure that patient data is protected.
NIS2 Directive (EU): Healthcare providers in the EU are also subject to the NIS2 Directive, which strengthens cybersecurity requirements for operators of essential services (OES), including healthcare organisations. NIS2 mandates incident reporting, regular risk assessments, and the implementation of advanced cybersecurity measures.

Financial Sector

The financial sector is a frequent target for cyberattacks due to the volume of sensitive financial data it handles. Financial institutions are subject to strict cybersecurity regulations aimed at protecting consumer information and ensuring the resilience of financial systems.

GLBA (U.S.): The Gramm-Leach-Bliley Act (GLBA) requires U.S. financial institutions to implement cybersecurity safeguards to protect consumer financial data.
PSD2 (EU): The EU’s Payment Services Directive 2 (PSD2) mandates strong customer authentication (SCA) for electronic payments and requires financial institutions to implement robust cybersecurity measures.
DORA (EU): The Digital Operational Resilience Act (DORA) focuses on ensuring the cybersecurity resilience of the financial sector. Financial institutions are required to conduct regular cybersecurity testing, monitor third-party risks, and report incidents.

Conclusion

As cyber threats continue to grow in complexity and scale, cybersecurity regulation must evolve to protect critical infrastructure and sensitive data. Global standards like ISO/IEC 27001 and the NIST Cybersecurity Framework provide essential guidelines, while region-specific regulations—such as the EU’s NIS2 Directive, DORA, and GDPR, the U.S. HIPAA and GLBA, and China’s Cybersecurity Law—address the unique risks faced by critical sectors like healthcare and finance.

In the European Union, the challenges of applying common law-inspired regulations like GDPR in a civil law environment have underscored the importance of regulatory bodies like ENISA and the EDPB in providing continuous guidance and harmonising interpretation across member states. As organisations worldwide strive to build cybersecurity resilience, cross-border cooperation, and alignment with both global standards and local regulations will remain key to addressing the evolving cyber threat landscape.

Appendix: principal regulations per geographic area

Here’s a breakdown of specific regulations covered in the article, focusing on cybersecurity and critical services across different regions:

1. European Union (EU)

General Data Protection Regulation (GDPR): Aimed at protecting personal data and ensuring data security, GDPR sets strict guidelines for data processing, including requirements for encryption, breach reporting, and user consent. It applies across sectors but has specific importance in healthcare and finance, given the sensitivity of personal data.
NIS2 Directive: Expands the original NIS Directive, increasing the scope to cover more critical sectors such as healthcare, energy, and digital infrastructure. It introduces stricter requirements for incident reporting, cybersecurity risk management, and harmonises cybersecurity standards across member states.
Digital Operational Resilience Act (DORA): Focused on the financial sector, DORA ensures that financial institutions are equipped to handle cyberattacks and operational disruptions. It mandates continuous testing of cybersecurity resilience, incident reporting, and third-party risk management for critical financial services.
Cybersecurity Act (2019): Establishes a European cybersecurity certification framework for ICT products, services, and processes, enhancing trust and security in digital products across the EU. ENISA’s role is also expanded under this act to facilitate cross-border cooperation and incident response.

2. United States

NIST Cybersecurity Framework: A voluntary but widely adopted framework designed to manage and reduce cybersecurity risks. It consists of five core functions (Identify, Protect, Detect, Respond, and Recover) and is frequently referenced by federal agencies and critical infrastructure operators.
HIPAA (Health Insurance Portability and Accountability Act): Mandates strict protection of personal health information (PHI) in the healthcare sector. It requires healthcare organisations to implement safeguards, encryption, access controls, and regular security assessments.
GLBA (Gramm-Leach-Bliley Act): Focused on financial institutions, GLBA requires measures to protect consumers’ financial information. It mandates encryption, multi-factor authentication, and data privacy policies for financial institutions.
FISMA (Federal Information Security Management Act): Governs federal agency information security, requiring agencies to develop, document, and implement information security programs. It is sector-specific but critical for managing the cybersecurity risks of federal agencies.

3. China

Cybersecurity Law: Imposes strict data localisation and cybersecurity requirements on all sectors, with particular emphasis on critical infrastructure. Companies are required to store data locally, undergo cybersecurity assessments, and ensure government oversight on cross-border data transfers.
Data Security Law: Regulates the collection, storage, and transfer of data, especially focusing on protecting state interests and critical information infrastructure (CII). Like the Cybersecurity Law, it requires data localisation and security assessments.

4. United Kingdom

NIS Regulations: Following Brexit, the UK implemented its own version of the NIS Directive, which focuses on the protection of critical infrastructure, including healthcare and financial services. The regulations include incident reporting and cybersecurity risk management.
UK GDPR: Mirroring the EU GDPR, the UK GDPR ensures data protection standards remain high post-Brexit, focusing on protecting sensitive personal data across sectors, including healthcare and finance.
FCA Guidelines (Financial Conduct Authority): Financial institutions in the UK are required to follow FCA cybersecurity guidelines, ensuring resilience against cyber threats through continuous monitoring, incident reporting, and strict cybersecurity controls.

5. Singapore

Cybersecurity Act: Requires operators of critical information infrastructure (CII) to comply with stringent cybersecurity measures. These include incident reporting and regular risk assessments to prevent and mitigate cyber threats.
MAS TRM Guidelines (Monetary Authority of Singapore): Focused on the financial sector, these guidelines require financial institutions to implement robust cybersecurity measures, including vulnerability assessments, penetration testing, and encryption of sensitive data.

6. Japan

Cybersecurity Basic Act: Establishes guidelines for securing critical infrastructure and promoting collaboration between the public and private sectors. It mandates that companies in critical sectors adopt cybersecurity measures and report cyber incidents.
FSA (Financial Services Agency) Regulations: Focuses on cybersecurity in the financial services sector, requiring firms to implement robust risk management practices, encrypt financial data, and perform continuous cybersecurity resilience testing.

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