Will EU Institutions next Monday (7 December), as it gives birth to a network and information security (NIS) directive, run the risk of fragmentation and adding more red tape in an effort to help build minimum resilience capabilities and common rules for incident reporting?
Cybersecurity is a comprehensive concept that encompasses several different dimensions of information security. It spans from consumer education to information sharing and even more complex issues such as critical information infrastructure protection and the fight against cybercrime and cyber-terrorism. It also plays a major role in defense and national security matters, yet the latter are not regulated by the EU, as competence falls exclusively with Member States. Yet when we speak about cybersecurity, the key word is “trust” – key for promoting information sharing, technical cooperation and exchange of best practices at international and at multi-stakeholder level.
The EU agenda on cybersecurity has undergone a two-step of evolution. Before 2013, the EU was merely interested in the topic and was handling it by “patch-working” sectoral legislations. The first comprehensive EU communication on cybersecurity came with the publication of the NIS directive, just months before Edward Snowden’s revelations on the US government surveillance programs.
Since then, the interest in Brussels on the subject has increased exponentially, as decision-makers have understood the need for urgent action. But as the draft bill now enters its final phase, an open question is who exactly will be obliged to report incidents, and under what conditions? Besides critical infrastructures, the EU institutions have agreed to expand the scope to “digital service providers” (e-commerce platforms, cloud computing services, search engines and others), and, while modalities for the former group are already defined, it is quite the opposite for the latter. Moreover, the issue of fragmentation appeared, as Member States obtained during the interinstitutional talks the privilege of identifying nationally which critical operators should comply with the bill.
Another issue is how this new legislation would avoid overlaps with existing rules. While the text foresees an article on the matter, the latest Parliament proposals suggest that such duplications should be avoided for “sector-specific legislations”. It is questionable whether horizontal legislations, such as the expected general data protection regulation, would fall under this definition. The risk is that, if an incident on the network involves a data breach, the operator would have to equally report to the cyber-relevant authorities and to the data protection authorities – a mess with regards to technical and business operations, and an increased risk when it comes to compliance.
Finally, as the Commission took a new legislative shift in focusing on delivering “less and better regulation”, it is questionable to what extent a fragmented directive would fit this policy agenda. The process reminds me of a comment shared with me by a global security expert who said, “unfortunately, when it comes to cybersecurity, the interest exceeds the understanding”. I hope policymakers take the initiative to resolve these issues and prove him wrong.
Next Monday, Member States and Parliament will be responsible not only for finalizing this new bill, but also for guiding the Commission in its 2016 agenda on cybersecurity, as defined in the Digital Single Market strategy. For further details, have a look at the comprehensive DSM timeline developed by FleishmanHillard’s technology team.
EU Ministers of Justice and Home Affairs meet in Brussels on 3 and 4 December 2015 to try to reach a partial general approach on a regulation on a European Public Prosecutor Office and to hold a general discussion on the consequences of the invalidation of the Data Retention Directive. Actions to combat terrorism and the internal security strategy of the EU are also topics to discuss, as well as the progress on a directive on passenger name record data.
The year 2015 marks the 40th anniversary of China-EU diplomatic relations. It is also a year that ushered in a new chapter of China-EU Comprehensive Strategic Partnership.
This autumn, President Xi Jinping paid a successful visit to the UK, followed by visits to China by German Chancellor Angela Merkel and French President Francois Hollande, culminating in a “China-Europe season”. Earlier, Premier Li Keqiang visited France and Belgium. The year also saw the organisation of several important meetings, including the 17th China-EU Summit, the High-Level Strategic Dialogue, the High-Level Economic and Trade Dialogue and the High-Level People-to-People Dialogue. These encounters allowed the two sides to identify the direction of their relations and to reiterate their commitment to a positive, long-term strategic perspective and a rational approach to handling their relations while transcending differences in social system, cultural tradition and ideology.
China and the EU reaffirmed that they would respect each other’s choice of development path, take their respective development as major opportunities for cooperation, treat each other as equals and enhance mutual trust, with a view to developing China-EU relations in wider scope, greater depth and at a higher plateau.
The China-EU 2020 Strategic Agenda for Cooperation is now being fully implemented. Negotiations for a China-EU Investment Agreement are yielding progress. Cooperation in finance, energy, technological innovation, sustainable development and urbanization has been intensified. China-CEEC (Central and Eastern European Countries) cooperation is pressing ahead. Consensus has been reached between China and the EU in five new areas: drawing synergies between China’s Belt and Road Initiative and EU Investment Plan, establishing a new Connectivity Platform; collaborating in digital economy and cyber security; launching a legal affairs dialogue; and facilitating people-to-people exchanges.
China and the EU share such objectives as transforming growth models, accelerating structural adjustment, raising the quality and returns of growth, promoting employment as well as improving people’s wellbeing. Determined to press ahead with the times, China and the EU have endeavored to enrich and upgrade their cooperation for the long term benefit, which has greatly inspired all sectors on both sides to participate and opened up broader prospects for a win-win relationship.
The celebration of the 40th anniversary of China-EU relations has presented an opportunity for both sides to conduct a series of cultural exchanges, including traditional dance dramas such as The Grand Canal, The Legend of the Sun, Dream of the Maritime Silk Road, the Chinese Film Festival, China Unlimited creative contest, Fashion China, China-EU Friendship Table Tennis Tournament, Chinese Health Qigong Week, and the China Day. In the meantime, the Chinese Cultural Center was launched in Brussels early in the year and exchanges among think tanks, academic institutions and the media on both sides have significantly increased. This was paralleled by growing numbers of student, tourism and entrepreneurial exchanges. China-EU people-to-people exchanges – communication between hearts and minds – have injected new momentum into the healthy and stable development of China-EU relations.
To promote regional stability, world peace and development, China and the EU have maintained dialogue and communication at such multilateral fora as the UN and the G20. The Joint Statement of the 17th China-EU Summit reiterates that as amongst those who built and maintained the post-World War II international order based on the UN Charter, China and Europe will continue to uphold the purposes and principles of the Charter and work for a more equitable international order by building a stronger and more effective multilateral system based on the Charter and international laws.
The China-EU Joint Statement on Climate Change reaffirms a joint determination to join the international community in combating global climate change – a formidable challenge facing humanity – and promoting sustainable development and the long-term well-being of human beings. Coordination and cooperation between China and the EU on regional issues such as the Middle East, the Iranian nuclear program and Syria have played a constructive role in facilitating proper solutions.
It is true that China and the EU differ in their social systems, ideology and levels of development. However, as the Chinese economy enters a phase of “new normal” and EU integration progresses, exchanges and cooperation between China and the EU will expand and deepen. We will see more space for development and greater opportunities for cooperation. In the course of cooperation, some differences will be patched up, some may grow and new frictions may crop up. It is therefore of critical significance that both sides keep the overall situation and long-term interest in mind, adopt new initiatives and narrow the gap by increasing the opportunities for cooperation. This is the valuable experience derived from 40 years of China-EU relations and the most significant political wisdom that will chart the course of China-EU cooperation in the years to come.
Looking ahead to 2016, we have every reason to believe that the launch of China’s 13th Five-Year Plan and continuing integration of the EU will enable the two sides to find more synergies in their development strategies. We are confident that China and the EU will focus more on enhancing mutually-beneficial cooperation, surmounting disturbances, and consolidating the sound momentum of their bilateral ties to achieve shared growth and take their relations to a new height.
Mme. Yang Yanyi is Chinese Ambassador to the EU.
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