Thanks to its regulatory powers, robust digital economy, and active foreign and security policy, the European Union is one of the key players in cyberspace. The EU strongly promotes the position that international law, and in particular the United Nations (UN) Charter, applies in cyberspace. As a complement to binding international law, the EU endorses the voluntary non-binding norms, rules and principles of responsible State behaviour that have been articulated by the UN Group of Governmental Experts. It also encourages the development and implementation of regional confidence building measures, both in the Organisation for Security and Co-operation in Europe and other regions. On a bilateral level, the EU has established cyber dialogues with strategic partners to reinforce the exchange of good practices, lessons learnt and further the idea of responsible state behaviour in cyberspace.

Costa Rica has established itself as a leading country in technological adoption, in combination with a complete commitment to sustainability and the protection of the environment. Information and communications technology services accounted for 49% of the country’s exports (twice the average of OECD countries), placing the Central American country at the forefront of the digital economy.

The digital economy is amongst the most powerful loci of Canadian economic growth; over the past decade, the digital economy grew roughly 40 per cent faster than – and generated almost four times as many jobs as – the overall economy. However, this spurt has also led to increased vulnerabilities in relation to cybersecurity; in 2020, successful cyber attacks affected 78% of Canadian companies. Canada has quietly developed a robust cyber diplomacy approach aiming at promoting a rules-based international order in cyberspace, in line with the goals of other ‘like-minded’ states (including European Union countries). Both the EU and Canada share a vision of cyberspace as a domain of human activity that is open, free, and secure, and which is characterized by due regard for fundamental rights and democratic values. As such, Canada is an important strategic partner for Europe.

Under the auspices of the UN, the EU and its Member States have consistently reaffirmed that a universal cyber security framework can only be grounded in existing international law, including the Charter of the United Nations in its entirety, international humanitarian law, and international human rights law. 
Addressing issues as to how existing international law and international humanitarian law, including the principles of humanity, necessity, proportionality and distinction, apply to the use ICTs by States is necessary to increase accountability and transparency. International humanitarian law is fully applicable in cyberspace and this should not be misunderstood as legitimising the use of force between states in the cyber domain. The EU has typically opposed calls for the need to adapt existing international law as a means to develop a new legal instrument for cyber issues.

Costa Rica has played a paramount role in the Organisation of American States as is one of seven American countries that sponsored a resolution within the framework of the OAS as part of a Working Group on Cooperation and Confidence-Building Measures in Cyberspace. The resolution is inspired by the work of the United Nations Group of Governmental Experts and aims at enhancing interstate cooperation, transparency, predictability, and stability in cyberspace.

As per the conclusions of the 2013, 2015, and 2021 UN GGE (Group of Governmental Experts) reports, Canada believes that international law applies in cyberspace and is “essential to maintaining peace and stability” as well as “promoting an open, secure, peaceful, and accessible ICT environment”; according to Canada, the applicability of international law “puts guardrails on states’ behaviour in cyberspace”. Applicable legal instruments include the UN Charter, the law on state responsibility (including countermeasures), International Human Rights Law, and International Human Rights Law (IHL). Canada does not favour the establishment of a treaty or binding legal instrument on cyber issues, arguing that it would undermine existing international law and norms of responsible state behaviour. Instead, Canada believes that existing international law and agreed-upon norms are sufficient to guide State behaviour in cyberspace.

Since 2014, the EU’s ambition has been to act as an ‘honest broker’ on multilateral discussions surrounding issues of cyber governance and norms of responsible state behaviour, aiming to ensure the support and partnership of proactive players in the context of the global debate. The EU has long promoted the need for voluntary, non-binding norms. It believes that norms crystallised under the UN GGE process should generally not be revisited and that progress should be made on matters relating to their implementation. 
Within the OEWG, the EU advanced a suggestion to develop a global repository of existing practice within the United Nations, which would enable UN member states to showcase how they are implementing the voluntary norms of responsible state behaviour, confidence building and other measures.

Costa Rica has a long history of collaborating on cyber issues within the OAS Cyber Security Program, from training to capacity-building for both the public and private sectors. At a 2019 intervention, Costa Rica recognised the leadership carried out by the aforementioned Working Group in coordinating the response to cyber incidents regionally and establishing a cooperative framework of action to cyber threats.
Costa Rican participation in the UN OEWG is guaranteed until 2025. As part of the second substantive session in 2022, Costa Rica confirmed - along with several other countries - that international law is fully applicable to the use of ICT by states [OH1], with a focus on how international humanitarian law and the principles of humanity, necessity, proportionality, and distinction apply in cyberspace.
An interesting approach was taken by Costa Rica during this session, as the Caribbean country emphasised a multi-stakeholder approach to cybersecurity, involving the private sector, civil society, and researchers’ analysis, information, and capacity on threat.

Canada regards the applicability of norms of responsible state behaviour in cyberspace, together with existing international law, as the “foundation of sustaining international peace and security […] in cyberspace”. This is why it has strongly promoted the adoption and implementation of the UN GGE norms in various fora, including the G7, G20, North American Leaders’ Summit, NATO, ASEAN, and the OSCE. From Canada’s perspective, there is no need to develop new norms; international cooperation efforts should instead focus on fostering States’ capacity-building abilities, as well as the implementation and operationalization of existing norms. Canada has also been the biggest proponent of taking gender considerations into account when discussing the implementation of cyber norms, advocating for greater women’s participation and gender equality in the field of cybersecurity.

The EU places great importance on cyber resilience and capacity building. Internally, the Union has built a robust legal acquis in relation to the resilience of critical infrastructures, the cornerstone of which rests upon the 2016 Network and Information Security (NIS) Directive and the 2013 and 2019 Cybersecurity Acts. This legal meshwork seeks to integrate cybersecurity into all elements of the supply chain and introduce soft law mechanisms like the EU cybersecurity certification scheme. In doing so, it harmonises national cybersecurity capabilities, cross-border collaboration and the supervision of critical sectors across the EU. 
In the coming months, the Commission intends to add upon the existing cyber-acquis by introducing an array of new initiatives, such as the updated NIS Directive (the so-called NIS2), a proposal on a Critical Entities Resilience (CER) Directive, and a plan to launch a network of Security Operations Centres across the Union. The aim is to create a Union-wide ‘cybersecurity shield’ that will facilitate the detection of cyberattacks and provide an impetus for proactive action. 
This internal buildup of capabilities is supplemented by the development of a specialised ‘cyber diplomacy toolbox’ that allows the Union and its Member States to address cyber incidents through various joint policies, from cooperation and stabilisation measures to restrictive measures and attribution.

In 2016, Costa Rican Cybersecurity Incident Response Team (CSIRT) joined CAMP, an international alliance that serves as a platform for the members to enhance their cybersecurity capacity.
Costa Rica is also collaborating with Israel on cyber issues and digital transformation in an effort that has the potential to streamline innovation in the public sector, transforming public services and institutions and positioning Costa Rica as a regional benchmark in cybersecurity.
On a national scale, Costa Rica launched a digital transformation strategy for the public sector in 2018 and is now working to create a strategy for the implementation of Artificial Intelligence. The initiative seeks to promote the use of digital technologies and access to scientific knowledge, innovation, technology, and telecommunications for social and productive transformation.
Having suffered a cyber attack in 2022, Costa Rica is now positioning cybersecurity as a top national priority, and the Ministry of Science, Innovation, Technology and Telecommunications is beginning to implement various actions to detect, respond and correct cyber intrusions, build faster and more robust response protocols, and train individuals in skilled threat detection.

The Canadian National Cyber Security Strategy puts an emphasis on “secure and resilient Canadian systems”, specifically critical infrastructure such as electricity grids, communications networks, and financial institutions. The ambition to help other countries expand their capacity building activities has been a key aspect of Canada’s cyber engagement strategy and its concurrent aim of promoting an “open, secure, and multistakeholder-led Internet”. Under the auspices of the OEWG, Canada has argued that “member States must make cyber security capacity development a priority at the highest level” and that “it is […] important to analyze and assess the capacity building needs collaboratively and agree on a collective approach”. Through the Anti-Crime Capacity Building Program (ACCBP), Canada has committed $27.7M to cyber capacity building, primarily in Latin America. ACCBP also assists countries in developing their own national cyber strategies and cybersecurity standards while also ensuring respect for human rights and privacy for all citizens. Meanwhile, Canada has been cooperating with several international and regional organizations on the development and implementation of Confidence-Building Measures (CBMs); for instance, there have been several Canadian initiatives at the OSCE, including workshops on international law and cyber operations as well as scenario-based discussions on CBM 5 (information sharing about national responses to regional cyber incidents). Canada believes that capacity-building should be multistakeholder and integrate the insights of the technical community as much as possible. The Canadian representative at the OEWG has also highlighted the importance of gender balance and the participation of women in capacity-building efforts.

The EU has been an early champion of the Budapest Convention signed under the auspices of the Council of Europe, given the overlapping membership of the two organisations. Much of the EU’s cyber diplomatic efforts have focused on promoting the Convention as the main instrument of choice for fighting cybercrime on a global level. EU member states have consistently opposed Russian bids for replacing this regime with another legal framework. 
The Union is represented in the recently constituted Ad Hoc Committee established by UNGA resolution 74/247 by its Member States and is currently focused on ensuring that the process is inclusive, transparent, consistent with the progress of the UNGGE and OEWG processes, and committed to legal consistency.

Costa Rica is one of the few Latin American countries to have signed the Budapest Convention on Cybercrime, along with the First and Second Protocol (this one was signed in 2022 but yet to be ratified), and is at the forefront of cybercrime legislation in the region.
National legislation on cybercrime is fully compliant with the Convention and is contained in the Law on Intervention of Telecommunications and the Law of Computer Crimes and Related Crimes. It includes penalties for committing cybercrimes in the country. Additionally, legislative regulations were introduced to govern the use of social networks and other electronic means.
Their Cybersecurity Policy from 2017 was updated in 2021 with the creation of the CSIRT, the implementation of cybersecurity protocols across public institutions and the establishment of partnerships with strategic actors, mainly in the private sector.

Canada’s National Cyber Security Strategy identifies the activities of malicious cyber actors as a “growing challenge”. Following the adoption of the ‘Protecting Canadians from Online Crime’ Act, Canada acceded to the Council of Europe’s Budapest Convention in 2015 and has since consistently promoted the instrument as the “best tool to fight cybercrime at the international level”. Canada has specifically “encourage[d] countries to bolster their anti-cybercrime efforts by becoming Parties to the Convention, or using it as a model to implement their own cybercrime laws”. Moreover, upon Canada’s initiative, the Quintet of Attorneys General (which brings together Attorneys General from Canada, the US, Australia, New Zealand and the UK) issued a public statement at their July 2019 meeting, expressing their support for the Budapest Convention as a “necessary basic framework for fighting cybercrime” and for the work of the United Nations Open-Ended Intergovernmental Expert Group on Cybercrime (UNIEG). Being part of the ‘like-minded’ group of states, Canada voted against the Russian-sponsored UNGA Resolution 74/247 aiming at establishing an alternative cybercrime instrument; upon the passage of 74/247 and its follow-up UNGA Resolution 75/282, however, Canada has been a vocal member of the Ad Hoc Committee on Cybercrime. Prior to the Committee’s May 2021 organizational session, the Canadian position paper on the Implementation of 74/247 noted that the Committee must “ensure consistency with existing UN treaties in the field of crime prevention and criminal justice, in particular the United Nations Convention against Transnational Organized Crime, the United Nations Convention against Corruption and take into account multilateral instruments that have already proven their usefulness in the fight against cybercrime, in particular the Council of Europe Convention on Cybercrime”. In the same document, Canada emphasized the need for an “inclusive, transparent, constructive, and consensus-based process that will lead to a fair outcome to the benefit of all”. The first session of the Ad Hoc Committee will be held in New York from 17 to 28 January 2022. Canada’s perspective on the scope, objectives, and structure of the convention was submitted to the Ad Hoc Committee in advance of the start of the first negotiation session (E).