2025

chapter in monograph

english

EN This chapter discusses EU law on cybercrime. The starting point for the analysis is Council Framework Decision 2005/222 on attacks against information systems. It is the first binding legal act adopted in the European Union to combat cybercrime. As its title suggests, its scope is limited to offences against computer data and information systems. It does not include any provisions concerning “hacking tools” or illegal interception of data during transmission. It adopts similar solutions to the ones laid down in the Council of Europe Convention on Cybercrime of 23 November 2001. It includes provisions concerning jurisdiction and cooperation between EU Member States. No procedural provisions were incorporated in the Framework Decision, and this also applies to international cooperation, for obvious reasons. Framework Decision 2005/222 was replaced by Directive 2013/40 on attacks against information systems. It includes several new solutions. First, it provides for two new offences omitted in Framework Decision 2005/222 (crimes related to hacking tools and illegal interception of data). Moreover, as in chapter 2, part of the space is devoted to other legal instruments, not necessarily related to computer crimes against computer data and information systems (mainly Directive 2011/93/EU on Combating the Sexual Abuse and Sexual Exploitation of Children and Child Pornography). The chapter also refers to the “restrictive measures” issue specified in Article 215 TFEU and question of liability of intermediary service providers.

18.02.2025

https://www.taylorfrancis.com/books/mono/10.4324/9781003476771/cybercrime-law-filip-radoniewicz

Rozdział 5: 40 stron

Cybercrime and the Law : an Analysis of Legal Governance in Europe

50

75