Cyber defence protection of private life performed by intermediaries — Larisa Gabudeanu

This book includes a thorough practical analysis and makes proposals with respect to current legal and technical challenges in the field of cyber security roles and responsibilities for the digital stakeholders (from software development companies to intermediaries such as operating systems, browsers, application stores and hardware), as well as risk-based approach methodologies. The legal analysis includes both civil and criminal law concerns, underlining the correlation and interdependence between them. Thus, the following aspects are emphasised: • New obligations for intermediaries in terms of prevention of cyber-threats and cyber-attacks, by reference to the data to which they have access, the possibility to interact with the individuals/users (and with authorities and other private entities), but also by reference to the technical and operational limitations in identifying or addressing cyber-threats and cyber-attacks. • Regulating risk-based approach to obligations of intermediaries and, thus, correlated risk-based approach analysis to have in mind when establishing criminal liability. • User involvement and liability in certain limited use cases in which his/her input or action is needed and in case of inaction/action with intention. • Possibility of intermediaries to establish active defence mechanisms and level of actions that can be taken considering criminal law implications of such actions. • Possibility to extend self-defence measures for actions performed by intermediaries on behalf of the user.