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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.
According to the International Telecommunications Union (ITU), as of 2021, Peru had an internet penetration rate of around 71.1 %. However other indexes place this number in the mid 60’s. Although many improvements were made in the past few years, Peru still possesses low network coverage, especially in rural areas and a relatively low network performance.
The government of Peru has been implementing initiatives to increase connectivity in rural areas, including a national broadband plan and a program to deploy free Wi-Fi hotspots in public spaces, with a year-on-year increase of almost 100 %.
Peru ranked 86 out of 182 countries surveyed in the ITU’s Global Cybersecurity Index in 2020. An EU candidate country since 2014, Albania has been eagerly embracing its digital revolution with the government ushering in an array of cyber and digital policy initiatives. In recent years, Albania has worked on adapting its legal framework to comply with the EU’s acquis communautaire and further approach the Digital Single Market. The Albanian policy framework ranks 1st across the Western Balkans region in fostering the inclusivity and competitiveness of digital society [x], while the country currently ranks 80th in the Global Security Index [x]. An OECD report praised Albania for enhancing intragovernmental cooperation, emphasising the cross-cutting character of ICT in its development strategies, and allocating resources towards the implementation of its digital strategy. Despite the proliferation of such policies, however, the country is currently the 5th largest source of cybercrime in Europe, suffering at least 1.3 million cyberattacks yearly [x]. As such, modernising cybercrime legislation and upgrading critical infrastructure protection constitute key priorities for Albanian policymakers.
The government of Peru has been implementing initiatives to increase connectivity in rural areas, including a national broadband plan and a program to deploy free Wi-Fi hotspots in public spaces, with a year-on-year increase of almost 100 %.
Peru ranked 86 out of 182 countries surveyed in the ITU’s Global Cybersecurity Index in 2020. An EU candidate country since 2014, Albania has been eagerly embracing its digital revolution with the government ushering in an array of cyber and digital policy initiatives. In recent years, Albania has worked on adapting its legal framework to comply with the EU’s acquis communautaire and further approach the Digital Single Market. The Albanian policy framework ranks 1st across the Western Balkans region in fostering the inclusivity and competitiveness of digital society [x], while the country currently ranks 80th in the Global Security Index [x]. An OECD report praised Albania for enhancing intragovernmental cooperation, emphasising the cross-cutting character of ICT in its development strategies, and allocating resources towards the implementation of its digital strategy. Despite the proliferation of such policies, however, the country is currently the 5th largest source of cybercrime in Europe, suffering at least 1.3 million cyberattacks yearly [x]. As such, modernising cybercrime legislation and upgrading critical infrastructure protection constitute key priorities for Albanian policymakers.
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. Peru is one of the Latin American countries to have signed and ratified the Council of Europe’s Convention 108+.
The country has also participated in the United Nations Open-ended Working Group (OEWG) on Developments in the Field of Information and Telecommunications in the Context of International Security. As a matter of fact, after the third substantive session of the OEWG, Peru issued a statement supporting the primacy of the UN Charter and the application of international law in the use of ICTs and in cyberspace, as well as the future establishment of legally binding obligations.
On the other hand, Peru along with Chile and the United States of America, has a divergent view on the notion of cyber attack and the applicability of international law. Peru states that in order for a cyber operation to be considered an attack, it results in direct death, injury or physical harm. At the first substantive session of the 2021-2025 UN Group of Governmental exports (UNGGE), Albania aligned itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] Albania has also consistently aligned itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29. A 2015 policy paper notes that cybersecurity will only be “efficient” if it is “based on the fundamental human rights and freedoms, pursuant to the Charter of Fundamental Rights of the European Union and the universal values of the EU”. In the same vein, the 2020-2025 National Cybersecurity Strategy includes “improving the legal framework providing norms and regulating cybersecurity in the country, and aligning this framework with European Union directives and regulation” as a stated objective.
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. Peru is one of the Latin American countries to have signed and ratified the Council of Europe’s Convention 108+.
The country has also participated in the United Nations Open-ended Working Group (OEWG) on Developments in the Field of Information and Telecommunications in the Context of International Security. As a matter of fact, after the third substantive session of the OEWG, Peru issued a statement supporting the primacy of the UN Charter and the application of international law in the use of ICTs and in cyberspace, as well as the future establishment of legally binding obligations.
On the other hand, Peru along with Chile and the United States of America, has a divergent view on the notion of cyber attack and the applicability of international law. Peru states that in order for a cyber operation to be considered an attack, it results in direct death, injury or physical harm. At the first substantive session of the 2021-2025 UN Group of Governmental exports (UNGGE), Albania aligned itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] Albania has also consistently aligned itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29. A 2015 policy paper notes that cybersecurity will only be “efficient” if it is “based on the fundamental human rights and freedoms, pursuant to the Charter of Fundamental Rights of the European Union and the universal values of the EU”. In the same vein, the 2020-2025 National Cybersecurity Strategy includes “improving the legal framework providing norms and regulating cybersecurity in the country, and aligning this framework with European Union directives and regulation” as a stated objective.
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. Peru stresses the need to make a distinction between 'cyber attacks' (which involve 'damage being caused to a militarily relevant target, which may be totally or partially destroyed, even captured or neutralised') and an 'abrupt disruption of communications in cyberspace', i.e. cyber operations that cause inconvenience, even extreme inconvenience, but not direct injury or death, or destruction of property. Accordingly, Peru emphasises the determination of the legality of cyber operations in the context of the use of force by taking into account whether they may result in death or injury to persons or property.
Peru has noted the difficulty of attribution in cyberspace. Coinciding with other American states, Peru has focused on the state's duty to ensure that its territory is not used by non-state actors to launch attacks. In this regard, Peru states that the inertia of a state towards a non-state actor that could unleash a cyber-attack on another state and that it was in a position to control could make its behaviour attributable to the state.
In any case, Peru highlights the validity of various human rights in cyberspace, including 'the right to privacy and intimacy, freedom of information, freedom of expression, free and equal access to information, bridging the digital divide, intellectual property rights, free flow of information, the right to secrecy of communications'. At the first substantive session of the 2021-2025 UNGGE, Albania aligned itself with the EU’s position that the previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus” form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x]. In 2018, Albania voted against the Russian-sponsored resolution A/73/27, which launched the Open-Ended Working Group (OEWG) format.
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. Peru stresses the need to make a distinction between 'cyber attacks' (which involve 'damage being caused to a militarily relevant target, which may be totally or partially destroyed, even captured or neutralised') and an 'abrupt disruption of communications in cyberspace', i.e. cyber operations that cause inconvenience, even extreme inconvenience, but not direct injury or death, or destruction of property. Accordingly, Peru emphasises the determination of the legality of cyber operations in the context of the use of force by taking into account whether they may result in death or injury to persons or property.
Peru has noted the difficulty of attribution in cyberspace. Coinciding with other American states, Peru has focused on the state's duty to ensure that its territory is not used by non-state actors to launch attacks. In this regard, Peru states that the inertia of a state towards a non-state actor that could unleash a cyber-attack on another state and that it was in a position to control could make its behaviour attributable to the state.
In any case, Peru highlights the validity of various human rights in cyberspace, including 'the right to privacy and intimacy, freedom of information, freedom of expression, free and equal access to information, bridging the digital divide, intellectual property rights, free flow of information, the right to secrecy of communications'. At the first substantive session of the 2021-2025 UNGGE, Albania aligned itself with the EU’s position that the previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus” form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x]. In 2018, Albania voted against the Russian-sponsored resolution A/73/27, which launched the Open-Ended Working Group (OEWG) format.
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. The Personal Data Protection Law N° 29733 (PDPL) was enacted in June 2011. In March 2013, the Supreme Decree N° 003-2013-JUS-Regulation of the PDLP (Regulation) was published in order to develop, clarify and expand on the requirements of the PDPL and set forth specific rules, terms and provisions regarding data protection.
Together, the PDLP and its Regulation are the primary data protection laws in Peru.
As of 2021, Peru approved the Bill that creates the National Authority for Transparency, Access to Public Information and Protection of Personal Data.
Peru possesses a Digital Trust Framework, as a means to establish certain obligations for public or private entities acting as digital service providers. These include reporting when a digital security incident involving personal data occurs, as well as implementing technical, organisational, and legal security measures to guarantee the confidentiality of information transmitted through its communications services.
Over the last decades, the Peruvian state has made efforts to promote digital transformation, both within its institutions and in the services it offers to citizens and has outlined a Digital Agenda in 2021 for Digital Transformation.
In recent years, Albania has significantly expanded its capacity-building activities, modernising both the relevant institutional apparatus and the diplomatic outreach accompanying it. Since 2017, ALCIRT, Albania’s national CSIRT, has been given an expanded mandate and merged with the National Authority for Electronic Certification and Cyber Security (AKCESK). AKCESK is responsible for preparing strategic documents relating to cybersecurity, drafting legislation, collaborating with relevant stakeholders (international organisations, civil society organisations, the private sector) and providing training. [x] Through AKCESK, Albania has signed Memoranda of Understanding (MOU) with several regional national CERTs (Kosovo, North Macedonia, Romania) and is currently negotiating similar MoUs with Serbia, Montenegro, Cyprus, and Slovenia. [x] AKCESK also frequently collaborates with the Council of Europe in relation to incident response and awareness training. [x] As a member of NATO, Albania signed the MoU with the NATO Cyber Incident Response Centre (NCIRC) on enhancing cyber defence in 2013 [x] and has participated in numerous NATO-led training initiatives, including the flagship Cyber Coalition exercise. Meanwhile, increased emphasis has been placed on the protection of critical infrastructure, with a 2015 government paper stating that future actions will be focused on “the protection and resilience capacity of critical infrastructure” and on “encouraging operators that own them to implement a full security architecture (including risk management and emergencies)”. [x] In 2020, Albania adopted its first-ever cybersecurity regulation for the electricity sector, which establishes incident reporting and assessment criteria for electricity operators. [x] This was reportedly only the first of many planned initiatives intended to reduce the country’s cyber vulnerabilities and increase trust in digital services.
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. The Personal Data Protection Law N° 29733 (PDPL) was enacted in June 2011. In March 2013, the Supreme Decree N° 003-2013-JUS-Regulation of the PDLP (Regulation) was published in order to develop, clarify and expand on the requirements of the PDPL and set forth specific rules, terms and provisions regarding data protection.
Together, the PDLP and its Regulation are the primary data protection laws in Peru.
As of 2021, Peru approved the Bill that creates the National Authority for Transparency, Access to Public Information and Protection of Personal Data.
Peru possesses a Digital Trust Framework, as a means to establish certain obligations for public or private entities acting as digital service providers. These include reporting when a digital security incident involving personal data occurs, as well as implementing technical, organisational, and legal security measures to guarantee the confidentiality of information transmitted through its communications services.
Over the last decades, the Peruvian state has made efforts to promote digital transformation, both within its institutions and in the services it offers to citizens and has outlined a Digital Agenda in 2021 for Digital Transformation.
In recent years, Albania has significantly expanded its capacity-building activities, modernising both the relevant institutional apparatus and the diplomatic outreach accompanying it. Since 2017, ALCIRT, Albania’s national CSIRT, has been given an expanded mandate and merged with the National Authority for Electronic Certification and Cyber Security (AKCESK). AKCESK is responsible for preparing strategic documents relating to cybersecurity, drafting legislation, collaborating with relevant stakeholders (international organisations, civil society organisations, the private sector) and providing training. [x] Through AKCESK, Albania has signed Memoranda of Understanding (MOU) with several regional national CERTs (Kosovo, North Macedonia, Romania) and is currently negotiating similar MoUs with Serbia, Montenegro, Cyprus, and Slovenia. [x] AKCESK also frequently collaborates with the Council of Europe in relation to incident response and awareness training. [x] As a member of NATO, Albania signed the MoU with the NATO Cyber Incident Response Centre (NCIRC) on enhancing cyber defence in 2013 [x] and has participated in numerous NATO-led training initiatives, including the flagship Cyber Coalition exercise. Meanwhile, increased emphasis has been placed on the protection of critical infrastructure, with a 2015 government paper stating that future actions will be focused on “the protection and resilience capacity of critical infrastructure” and on “encouraging operators that own them to implement a full security architecture (including risk management and emergencies)”. [x] In 2020, Albania adopted its first-ever cybersecurity regulation for the electricity sector, which establishes incident reporting and assessment criteria for electricity operators. [x] This was reportedly only the first of many planned initiatives intended to reduce the country’s cyber vulnerabilities and increase trust in digital services.
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. Peru’s signature and ratification of the Budapest Convention on Cybercrime, which is the only binding international instrument dealing with cybercrime, was a great step towards advancing a cyber agenda.
In 2019, Peru passed a Cyber Defence Act, with the objectives of defending and protecting sovereignty, national interests, critical national assets and key resources to maintain national capabilities against threats or attacks in and through cyberspace, when these affect national security.Peru has also passed a Cybersecurity Framework for the private sector, with the objective of identifying and protecting information assets, detecting security events, and providing for response and recovery from cybersecurity incidents.
In this context, there are more and more reports of cybercrime in the country. According to data from the Public Prosecutor's Office, in 2021 they received 18,596 reports of cybercrime cases, which represents a percentage increase of 92.9% compared to 2020, with phishing and ransomware being the most common attacks.
Albania is a party to the Budapest Convention on Cybercrime, with the Albanian Parliament ratifying the Convention in 2002 [x]. Since then, however, national strategic documents have been acknowledging the incomplete harmonisation of national legislation with Budapest provisions. The most recent five-year National Cybersecurity Strategy states that “legislation in the cybersecurity field should be harmonised with EU legislation, thus creating a complete and codified mechanism to adequately address and resolve issues. Besides, where possible, international internet security mechanisms should be accessed, signed, ratified, and implemented”. The Strategy also places special emphasis on children’s online protection, elevating it into a key priority [x]. Aiming to implement the policy goals listed within the National Cybersecurity Strategy, the Strategy for Investigation of Cybercrime (2021-2025) lays out a number of objectives for law enforcement [x]: (1) extending the cybercrime investigation structure throughout the country and building technological and legal capacity; (2) presenting a prompt and efficient response to cybercrime, raising public awareness, taking legislative initiatives, and building professional capacity; (3) presenting a rapid and professional response to the prevention, prosecution, and investigation of cybercrime against children; and (4) increasing national and international cooperation in the field of cybercrime investigation with strategic partners. Albanian police forces have also collaborated with Europol in coordinated action against cyber fraud and through the launch of the Sell Safe awareness campaign. [x]
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. Peru’s signature and ratification of the Budapest Convention on Cybercrime, which is the only binding international instrument dealing with cybercrime, was a great step towards advancing a cyber agenda.
In 2019, Peru passed a Cyber Defence Act, with the objectives of defending and protecting sovereignty, national interests, critical national assets and key resources to maintain national capabilities against threats or attacks in and through cyberspace, when these affect national security.Peru has also passed a Cybersecurity Framework for the private sector, with the objective of identifying and protecting information assets, detecting security events, and providing for response and recovery from cybersecurity incidents.
In this context, there are more and more reports of cybercrime in the country. According to data from the Public Prosecutor's Office, in 2021 they received 18,596 reports of cybercrime cases, which represents a percentage increase of 92.9% compared to 2020, with phishing and ransomware being the most common attacks.
Albania is a party to the Budapest Convention on Cybercrime, with the Albanian Parliament ratifying the Convention in 2002 [x]. Since then, however, national strategic documents have been acknowledging the incomplete harmonisation of national legislation with Budapest provisions. The most recent five-year National Cybersecurity Strategy states that “legislation in the cybersecurity field should be harmonised with EU legislation, thus creating a complete and codified mechanism to adequately address and resolve issues. Besides, where possible, international internet security mechanisms should be accessed, signed, ratified, and implemented”. The Strategy also places special emphasis on children’s online protection, elevating it into a key priority [x]. Aiming to implement the policy goals listed within the National Cybersecurity Strategy, the Strategy for Investigation of Cybercrime (2021-2025) lays out a number of objectives for law enforcement [x]: (1) extending the cybercrime investigation structure throughout the country and building technological and legal capacity; (2) presenting a prompt and efficient response to cybercrime, raising public awareness, taking legislative initiatives, and building professional capacity; (3) presenting a rapid and professional response to the prevention, prosecution, and investigation of cybercrime against children; and (4) increasing national and international cooperation in the field of cybercrime investigation with strategic partners. Albanian police forces have also collaborated with Europol in coordinated action against cyber fraud and through the launch of the Sell Safe awareness campaign. [x]
