The European Union’s efforts to tackle the phenomenon of ransomware attacks (Part II) – Lexology
As the transition to a digital society is accelerating in recent years, especially after the coronavirus outbreak, the expectations of the European Citizens for a safer digital environment are growing. There is then an urgent need to combat cybercrime. In a previous article published on Lexology on this topic we had started to discuss of the ransomware attacks. We had thus described the relevant phenomenon and we had pointed out the legislative and policy frameworks in place in the European Union for facing this issue. In this second contribution, reference will now be made (always in an EU perspective) to the main actors in charge of dealing with the ransomware attacks (Chapter 2); we will then look at the strengths and weaknesses of the current system of EU defence from this invasive form of cyber-criminality (Chapter 3); finally, we will try to make some recommendations for improving the security of the Citizens within the European Union in such area (Chapter 4).
As already highlighted in our previous contribution[1] the first step towards the creation and development of an EU cybersecurity ecosystem was the adoption of a cybersecurity strategy in 2013[2]. This strategy identified the achievement of cyber-resilience and the development of industrial and technological resources for cybersecurity as its key objectives. As part of this strategy, the European Commission proposed the EU Network and Information Security directive2016/1148 (NIS Directive)[3].
We will now look at who are the main actors in charge of implementing the NIS Directive as well as the other initiatives advanced by the European Union to tackle the ransomware attacks.
In the first place, it shall be reminded that the NIS Directive has provided only that the EU countries shall put in place legal measures to boost the overall level of cybersecurity in Europe. This in essence with the intent of protecting the European critical infrastructure[4].
On the other hand, the NIS Directive has left basically to the free initiative of the Members States the regulation of aspects such as the sanctions to be imposed to the offenders in case of ransomware attacks. In addition, the NIS Directive did not impose on the EU Countries any obligation to share the information systematically with one another in case of cross-border ransomware attacks.
The above means that nowadays the single States of the European Union are the most important actors in the fight of the ransomware attacks. They indeed decide singularly on crucial aspects such as: (i) how the ransomware attacks shall be punished within their single jurisdiction; (ii) whether there must be any cooperation with the other Member States in case of ransomware attacks involving more countries.
It is then worthy to mention another important player which comes into consideration in the field of the cybersecurity in Europe, i.e. the European Union Agency for Cybersecurity (ENISA). ENISA contributes to the EU cyber policy, enhances the trustworthiness of ICT products, services and processes with cybersecurity certification schemes, cooperates with Member States and EU bodies, and helps Europe prepare for the cyber challenges of tomorrow [5].
ENISA was not entrusted with specific competences in the tackle of the ransomware episodes in the NIS Directive, but it is playing an important role de facto moving down the following directions:
Finally, it must be stressed that on 23 June 2021 the European Commission laid out a vision to build a newJoint Cyber Unit[8]. The Joint Cyber Unit will be a new body (with its own resources and offices) intended to provide full support to ENISA in ensuring an EU coordinated response to large-scale cyber incidents and crises such as the ransomware attacks. This new initiative is an important step which will allow ENISA (together with the Joint Cyber Unit) to further achieve a higher common level of cybersecurity within the European Union[9].
Finally, it is worth to be mentioned also the role played by the Council in tackling the cyber-crimes (and thus the ransomware attacks).
In this regard, in our previous contribution on this topic[10] we had reminded that the EU tried to reinforce its global response to the cyber-attacks (including ransomware) by establishing a Framework for a Joint EU Diplomatic Response to Malicious Cyber Activities (the so called Cyber Diplomacy Toolbox)[11]. This framework basically allows the EU and its Member States (by way of an initiative to be taken by the Council) to use all necessary measures ... to prevent, discourage, deter and respond to malicious cyber activities [and thus also to the ransomware attacks] targeting the integrity and security of the EU and its member states .... In particular, the Cyber Diplomacy Toolbox gives the possibility to the Council to impose ... sanctions on persons or entities that areresponsible for cyber-attacks or attempted cyber-attacks, who provide financial, technical or materialsupportfor such attacks or who areinvolvedin other ways ... [12].
It is noticeable that, based on the Cyber Diplomacy Toolbox, the Council has been able to imposerestrictive measures againstcertain individualsand entitiesresponsible for or involved in theransomware-attacks publicly known asWannaCry andOperation Cloud Hoppe[13]. The sanctions imposed to the entities involved included severe measures such as thetravelban and theassets freeze.
Of course, it must not be forgotten that it is not particularly simple for the Council to take collective actions (such as the ones indicated above) based on the Cyber Diplomacy Toolbox. And indeed, the European Unions decision-making process to be activated in these cases is the same one to be applied for the foreign policy matters, requiring thus the unanimous decision of all EU governments. This is certainly a very high threshold not easy to be reached[14]. It follows that it is rather complicated for the Council to issue sanctions based on the Cyber Diplomacy Toolbox.
Being understood all the above, we will now try to summarize the main strengths and weaknesses of the European Union framework put in place for fighting the phenomenon discussed.
In the first place, it must be noted that the implementation of the NIS Directive and of the Cyber Diplomacy Toolbox has been very important at least in raising awareness in the European States regarding the cyber-criminal activities such as the ransomware attacks.
The NIS Directive has indeed given an incentive to the Member States to increase their cybersecurity capabilities for protecting themselves from these forms of criminality.
The Cyber Diplomacy Toolbox has, in turn, granted the possibility to sanction directly certain entities and individuals which have committed, inter alia, ransomware crimes.
On the other hand, both the legal frameworks mentioned above have their downsides.
The NIS Directive resulted in fragmentation at different levels across the internal market (given that for example such directive did not provide for a system of harmonized sanctions to be applied in the European Countries). In addition, the ENISA has not been given enough powers to help the EU Member States to tackle issues such as the ransomware attacks.
Further, the Cyber Diplomacy Toolbox requires a too burdensome process for dealing with the cyber-crimes. Indeed, as we have seen above, the Council can focus just on the major events and, in any case, the unanimity of the EU Countries is required to take actions against offenders committing for example ransomware attacks.
As it may be appreciated the phenomenon of the ransomware attacks is quite a complicated one. In the EU the battle is open and efforts are indeed spent by the different stakeholders involved to combat this issue effectively.
On the other hand, there is certainly room for improvement.
Based on the above findings (and on what has been discussed in the other article published on Lexology on this topic[15]), we will then try to suggest some recommendations aimed at tackling the ransomware phenomenon in a more efficient way within the European Union. In this regard it is noted the following:
Finally, apart from the above actions and recommendations (which are indeed directed at bolstering the fight of the specific kind of cybercrime at subject matter) one final consideration is worthy to be made.
It shall indeed not to be forgotten that issues such as the ransomware attacks in many cases can be avoided at the very beginning explaining to the users how to avoid them.
It is thus of the utmost importance that are continued to be promoted specific initiatives and dialogues with the EU Citizens regarding the common ransomware attack scenarios with the effect of aiming to raise awareness and share good practices and practical recommendations [18]. This with the final goal to eliminate the issue even before the crime is perpetrated counting on the fact that the EU Citizens (if properly trained) should be able not to fall into the traps posed on their way by the cybercriminals.
Read the original:
The European Union's efforts to tackle the phenomenon of ransomware attacks (Part II) - Lexology
- Stavros Lambrinidis European Union Ambassador to the United Nations Addresses UN General Assembly Meeting on the Use of the Veto and Maritime... - April 19th, 2026 [April 19th, 2026]
- European Union support for the UN more vital than ever, Security Council hears - Unric - April 19th, 2026 [April 19th, 2026]
- Key trends and drivers in greenhouse gas emissions in the European Union - European Environment Agency (EEA) - April 19th, 2026 [April 19th, 2026]
- Pressure mounts on European Union to suspend trade deal with Israel - PressTV - April 19th, 2026 [April 19th, 2026]
- European Union Umbilical Vessel Catheters Market 2026 Analysis and Forecast to 2035 - IndexBox - April 19th, 2026 [April 19th, 2026]
- Orban Loss May Ease Hungarys Tensions with European Union - The New York Times - April 14th, 2026 [April 14th, 2026]
- Statement by President von der Leyen on the impact of the situation in the Middle East on the European Union - European Commission - April 14th, 2026 [April 14th, 2026]
- Europe should fill the diplomatic vacuum on Iran - European Union Institute for Security Studies | - April 14th, 2026 [April 14th, 2026]
- European Union support for the UN more vital than ever, Security Council hears - Welcome to the United Nations - April 14th, 2026 [April 14th, 2026]
- Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com European Union support for... - April 14th, 2026 [April 14th, 2026]
- The Dirty Triangle: Netanyahu, Orbn, and the European Union - TheWire.in - April 14th, 2026 [April 14th, 2026]
- Armenia and former Soviet Republics to Choose between European Union and EAEU/Eurasia Union - Pressenza - International Press Agency - April 12th, 2026 [April 12th, 2026]
- United States Joins Australia And European Union Countries in Facing Stranding Issues Due to UKs New Electronic Travel Authorisation (ETA) Rules -... - April 12th, 2026 [April 12th, 2026]
- Nearly 60% of Canadians support becoming a full member of the European Union, poll says - The Globe and Mail - April 12th, 2026 [April 12th, 2026]
- European Union Cardio-Pulmonary Resuscitation (CPR) Barriers Market 2026 Analysis and Forecast to 2035 - IndexBox - April 12th, 2026 [April 12th, 2026]
- CNN highlights Hungarys European Union-funded roundabout that goes to nowhere - Daily News Hungary - April 12th, 2026 [April 12th, 2026]
- European Union Stresses Importance of Diplomacy in Resolving Outstanding Issues in Middle East - www.saba.ye - April 12th, 2026 [April 12th, 2026]
- Kremlin: European Union countries will create their own defense alliance - www.saba.ye - April 12th, 2026 [April 12th, 2026]
- Why dont NATO and the European Union acknowledge slavery as the gravest crime? - heraldonline.co.zw - April 12th, 2026 [April 12th, 2026]
- The European Union is fully introducing the EES System - Sarajevo Times - April 10th, 2026 [April 10th, 2026]
- European Union Micro Ultrasound Systems Market 2026 Analysis and Forecast to 2035 - IndexBox - April 10th, 2026 [April 10th, 2026]
- The US ambassador to the European Union, Andrew Puzder, said the bloc's push for tech sovereignty should not focus on making others 'less competitive'... - April 10th, 2026 [April 10th, 2026]
- Interview of the Ambassador of the European Union to Albania, Silvio Gonzato, for Euronews - EEAS - April 10th, 2026 [April 10th, 2026]
- Donald Trump Jr. criticizes the European Union during a trip to Bosnia - KSAT - April 10th, 2026 [April 10th, 2026]
- European Union Non-Contact Forehead Thermometers Market 2026 Analysis and Forecast to 2035 - IndexBox - April 10th, 2026 [April 10th, 2026]
- European Union Chest Drainage Catheters And Units Market 2026 Analysis and Forecast to 2035 - IndexBox - April 10th, 2026 [April 10th, 2026]
- European Union Fixed Curve Diagnostic Catheters Market 2026 Analysis and Forecast to 2035 - IndexBox - April 10th, 2026 [April 10th, 2026]
- European Union Intracranial Stenosis Stents Market 2026 Analysis and Forecast to 2035 - IndexBox - April 10th, 2026 [April 10th, 2026]
- The weak point: Why pharmaceutical security belongs at the heart of European defence - European Union Institute for Security Studies | - April 10th, 2026 [April 10th, 2026]
- BD Delivers NextGeneration TIPS Innovation to Advance Portal Hypertension Care Across the European Union - PR Newswire - April 8th, 2026 [April 8th, 2026]
- European Union Struts Implants Market 2026 Analysis and Forecast to 2035 - IndexBox - April 8th, 2026 [April 8th, 2026]
- European Union Intravascular Stents Market 2026 Analysis and Forecast to 2035 - IndexBox - April 8th, 2026 [April 8th, 2026]
- European Union Cardiac Catheters Guidewires Market 2026 Analysis and Forecast to 2035 - IndexBox - April 8th, 2026 [April 8th, 2026]
- Donald Trump Jr. criticizes the European Union during a trip to Bosnia - Yahoo - April 8th, 2026 [April 8th, 2026]
- Donald Trump Jr. criticizes the European Union during a trip to Bosnia - AP News - April 8th, 2026 [April 8th, 2026]
- UK Joins United States, Canada, Australia, European Union and India for ETA Fee Increase and Rising Travel Costs Alert : Everything You Need To Know... - April 8th, 2026 [April 8th, 2026]
- Hungarys Orbn has long annoyed the European Union. Now some hope he faces defeat - AP News - April 7th, 2026 [April 7th, 2026]
- Hungarys Orbn has long annoyed the European Union. Now some hope he faces defeat - Los Angeles Times - April 7th, 2026 [April 7th, 2026]
- Canada in the European Union? Poll suggests broad openness to the idea - Yahoo! Finance Canada - April 7th, 2026 [April 7th, 2026]
- Armenia And Former Soviet Republics To Choose Between European Union And EAEU/Eurasia Union Analysis - Eurasia Review - April 7th, 2026 [April 7th, 2026]
- Fmc Secures Approval For Isoflex Active In The European Union, Addressing A Critical Gap In The European Herbicide Market - TradingView - April 7th, 2026 [April 7th, 2026]
- The European Union has begun to prepare for the crisis and austerity - - - April 7th, 2026 [April 7th, 2026]
- Israel: Statement by the High Representative on behalf of the European Union on the approval of the Death Penalty Bill by the Israeli Parliament -... - April 7th, 2026 [April 7th, 2026]
- Canada in the European Union? Poll suggests broad openness to the idea - CTV News - April 7th, 2026 [April 7th, 2026]
- Will Canada find its future with the European Union? - Winnipeg Sun - April 7th, 2026 [April 7th, 2026]
- European Union Cell-Culture Matrix Products Market 2026 Analysis and Forecast to 2035 - IndexBox - April 7th, 2026 [April 7th, 2026]
- Canada in the European Union? Poll suggests broad openness to the idea - Toronto Star - April 7th, 2026 [April 7th, 2026]
- Turkey Joins European Union and United States to Boost Economic Resilience with a Credit Guarantee, Aimed at Supporting Tourism and Exports Amid... - April 7th, 2026 [April 7th, 2026]
- Canada in the European Union? Poll suggests broad openness to the idea - Winnipeg Sun - April 7th, 2026 [April 7th, 2026]
- Canada in the European Union? Poll suggests broad openness to the idea - The Spec - April 7th, 2026 [April 7th, 2026]
- The European Union and Australia sign a Security and Defence Partnership - EEAS - March 24th, 2026 [March 24th, 2026]
- The European Union is facing its biggest espionage scandal since the Cold War - Atalayar - March 24th, 2026 [March 24th, 2026]
- EU Inc. making business easier in the European Union - European Commission - March 24th, 2026 [March 24th, 2026]
- European Union Pavilion Showcasing Excellence of EU Food and Beverages at FHA 2026 - Caledonian Record - March 24th, 2026 [March 24th, 2026]
- European Union and Australia agree on text of free trade pact and announce a new defense partnership - Ottumwa Courier - March 24th, 2026 [March 24th, 2026]
- European Union and Australia agree on text of free trade pact and announce a new defense partnership - Caledonian Record - March 24th, 2026 [March 24th, 2026]
- European Union and Australia agree on text of free trade pact and announce a new defense partnership - Richmond Register - March 24th, 2026 [March 24th, 2026]
- Australia, European Union agree sweeping new trade pact 8 years in the works - Dawn - March 24th, 2026 [March 24th, 2026]
- European companies tell European Union what American tech companies have been trying to: We are not truly - The Times of India - March 17th, 2026 [March 17th, 2026]
- The Delegation of the European Union to Trkiye and the Embassy of Sweden Focus on Care Policies and Womens Economic Participation - EEAS - March 17th, 2026 [March 17th, 2026]
- European Union wants Strait of Hormuz open, but some members vow not to join Iran war - whas11.com - March 17th, 2026 [March 17th, 2026]
- The European Union is interested in intelligent border management of the South Caucasus together with Azerbaijan - Aze.Media - March 17th, 2026 [March 17th, 2026]
- The European Union is interested in intelligent border management of the South Caucasus together with Azerbaijan - EU Reporter - March 17th, 2026 [March 17th, 2026]
- France's ecological transition minister Monique Barbut said the European Union should take a firmer stance against climate inaction and favour a 'more... - March 17th, 2026 [March 17th, 2026]
- The European Union will always be a reliable partner, a defender of the rules-based international order, and upholder of the United Nations Charter.... - March 13th, 2026 [March 13th, 2026]
- How close is Ukraine from joining the European Union? - EU NEIGHBOURS east - March 13th, 2026 [March 13th, 2026]
- European Union to begin negotiations on simplifying fisheries statistics - SeafoodSource - March 13th, 2026 [March 13th, 2026]
- The Union, the Star and the Eagle: EU-NATO cooperation under Trump 2.0 - European Union Institute for Security Studies | - March 13th, 2026 [March 13th, 2026]
- The Singular Threat of Lone Actors in the European Union - Small Wars Journal - March 13th, 2026 [March 13th, 2026]
- 'European Union needs a bit of a revolution: There is no European strategy or foreign policy' - France 24 - March 13th, 2026 [March 13th, 2026]
- Opinion: Pashinyan is right Armenias path to the European Union will become harder if Georgia remains in its current state - JAMnews - March 13th, 2026 [March 13th, 2026]
- DroneShield to make C-UAS systems in the European Union - Unmanned airspace - March 13th, 2026 [March 13th, 2026]
- Russia very likely to pre-emptively terminate gas sales to European Union ahead of Brussels ban, exploiting energy crisis caused by Iran conflict -... - March 13th, 2026 [March 13th, 2026]
- Council of Europe and European Union join forces to strengthen womens health and equality in sport - coe.int - March 7th, 2026 [March 7th, 2026]
- Beyond summits: The Africa-EU partnership as a priority - European Union Institute for Security Studies | - March 7th, 2026 [March 7th, 2026]
- How the European Union Supports the Fight Against Corruption in Ukraine - EEAS - March 7th, 2026 [March 7th, 2026]
- Iceland to Vote in August on Talks With European Union - Bloomberg.com - March 7th, 2026 [March 7th, 2026]
- Anticipatory effects of corporate tax shaming: evidence from the European Union - IFS | Institute for Fiscal Studies - March 7th, 2026 [March 7th, 2026]
- European Union's Spades and Shovels Market Forecast Shows Steady Growth With a 19% Volume CAGR - IndexBox - February 20th, 2026 [February 20th, 2026]
- European Union's Argon Market Forecast to Expand With a +1.6% CAGR Through 2035 - IndexBox - February 20th, 2026 [February 20th, 2026]