Internet penetration in Montenegro stands at 83%, while analysis indicates that internet usage increased by 10,000 users (+2%) from 2021 to 2022. [x] As an EU candidate country, Montenegro has strived to align itself with the EU’s cyber priorities and recent strategic documents like the 2018-2021 Cybersecurity Strategy and its 2013-2017 predecessor represent a firm indication of this ambition. In the past five years, however, the Montenegrin government and media outlets have increasingly seen themselves sitting at the bullseye of numerous malicious cyberattacks, suggesting “synchronised action” on the part of several state and non-state actors. [x] A 2022 digital maturity assessment commissioned by the European Bank for Reconstruction and Development and conducted by e-Governance Academy found Montenegro to have only a “basic” level of digital maturity in seven dimensions, including “financing digitalisation, level of digital skill, and access to services”. The same assessment found that the “right conditions” had been generated for the purposes of digitalisation, but implementation fell short. These conditions included “political will and support, the legal framework, digital infrastructure and interoperability, digital identity/signature and security”. Montenegrin policymakers now perceive an increased need to transform their stated strategic goals into concrete action.

Recalling its EU candidate status, the first substantive session of the 2021-2025 UN Group of Governmental exports (UNGGE) saw Montenegro aligning 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] Montenegro 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.

At the first substantive session of the 2021-2025 UNGGE, Montenegro 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].

The new Cybersecurity Strategy 2022-2026 aims to improve effective mechanism for responding to cyber incidents and response to cybercrime. The new strategy recognises the establishment of a new body Cyber Security Agency which will be umbrella institution when it comes to cyber security. The CIRT team will be transferred to the new Agency. The 2018-2021 Cybersecurity Strategy explicitly establishes a “reliance” on European and Euro-Atlantic conceptualisations of cybersecurity and resilience. The Strategy points to the EU’s 2016 NIS Directive as the primary source of inspiration, notably in its requirements for the adoption of a national cybersecurity strategy, the definition of relevant authorities, and the creation of a Computer Incident Response Team (CIRT). Indeed, since 2012, the Montenegrin CIRT represents “a central point for coordinating prevention and protection against computer security incidents on the Internet and other IT security risk for the area of Montenegro”. The Strategy also features a dedicated section on cyber defence, highlighting the country’s alignment with NATO targets (E 6202 N). In expanding cyber defence capabilities, the document notes that “special attention will be paid to harmonisation with regard to the standardisation of concepts, methods, policies, and procedures in line with the accepted European and international standards”. It also pledges the country to a set of goals: (1) definition and protection of critical information infrastructure; (2) strengthening the resilience of information systems to incidents; and (3) performing analysis of threats to IT infrastructure. Montenegro completed a bilateral ICT cooperation agreement with Thailand in 2013, while it is also a member of the CAMP initiative, the platform where members “prepare themselves with collective actions to keep cyberspace safe” through training, joint exercises, and dialogues.

Montenegro is a party to the Council of Europe-sponsored Budapest Convention, ratifying it in 2010. In February 2013, Montenegro signed the regional Declaration on Strategic Priorities against Cybercrime, which “identified strategic priorities” that largely reflect the spirit and content of the Budapest provisions. [x] The 2018-2021 Strategy lists several developments that have contributed towards strengthening the capabilities of law enforcement authorities in dealing with cybercrime: these include the establishment of a dedicated High-Tech Crime Group within the Ministry of Interior, while the National Security Agency is making “significant efforts aimed at creating normative and operational mechanisms for fighting against cybercrime and espionage”. [x]

Many thanks to Ms Ana Minevski for her valuable comments.