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, Ambassador of the European Union to the United Nations Statement on Behalf of the European Union and Its Member States at the UN... - June 12th, 2026 [June 12th, 2026]
- The right balance: how to fix European Union artificial intelligence regulation - Bruegel - June 12th, 2026 [June 12th, 2026]
- The European Union and Equity Group Foundation join forces to expand global education pathways for top performing Kenyan scholars - EEAS - June 12th, 2026 [June 12th, 2026]
- Apple and Brussels blame each other for delaying European Union rollout of Siri AI - The Killeen Daily Herald - June 10th, 2026 [June 10th, 2026]
- Apple says Siri AI will be delayed in the European Union because of regulations - PhoneArena - June 10th, 2026 [June 10th, 2026]
- Kyrgyzstan and Germany Set for New Air Travel Links as European Union Removes Two-Decade Flight Restrictions on Kyrgyz Airlines: What This Means for... - June 10th, 2026 [June 10th, 2026]
- The European Union announces a new package of sanctions against Russia, including freezing the oil price ceiling - - June 10th, 2026 [June 10th, 2026]
- The European Union allocates an additional $18 million to combat Ebola in the Democratic Republic of Congo - - June 10th, 2026 [June 10th, 2026]
- Head of European Union Partnership Mission in Armenia appoointed - Mediamax.am - June 10th, 2026 [June 10th, 2026]
- Strengthening Pressure on Russia, Ukraines Air Defense Needs, and the Opening of Negotiating Clusters for European Union Membership: The Presidents of... - June 10th, 2026 [June 10th, 2026]
- European Union Strengthens Partnership with Solomon Islands on Sustainable Development and Global Gateway - EEAS - June 7th, 2026 [June 7th, 2026]
- China expands its spy networks across the European Union and beyond - EL PAS English - June 7th, 2026 [June 7th, 2026]
- Zimbabwe, the European Union and the African Union deepen cooperation on energy efficiency - EEAS - June 7th, 2026 [June 7th, 2026]
- Trump Aims New Tariffs at 59 Countries and the European Union - The New York Times - June 7th, 2026 [June 7th, 2026]
- European Union launches tech sovereignty initiative to boost chips, cloud and AI at home - AP News - June 7th, 2026 [June 7th, 2026]
- European Union Protein Extraction Buffer Kits - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - June 7th, 2026 [June 7th, 2026]
- European Union HEPA Filtration Cartridges - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - June 7th, 2026 [June 7th, 2026]
- Impasse in European Union Tobacco Tax Reform: The Swedish veto - EU Reporter - June 7th, 2026 [June 7th, 2026]
- European Union Embraces Sustainable Tourism And Resilient Economic Recovery Trends: All You Need To Know - Travel And Tour World - June 7th, 2026 [June 7th, 2026]
- European Union Expands Sanctions Targeting Iran Over Its Strait Of Hormuz Stance - Marine Insight - May 25th, 2026 [May 25th, 2026]
- European Union Launches New Travel-Friendly Visa Cascade Policy Offering Thai Nationals Graduated Access to Long-Term Schengen Visas Based on... - May 25th, 2026 [May 25th, 2026]
- European Union Fish Food Kit - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 25th, 2026 [May 25th, 2026]
- 9th Interface Meeting between the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the European Union - ASEAN Main Portal - May 25th, 2026 [May 25th, 2026]
- IMF Says European Union's Public Debt to Be on Unsustainable Path without Action - - May 25th, 2026 [May 25th, 2026]
- European Commission grants marketing authorization to Pharmings Joenja (leniolisib) the first approved treatment for APDS in the European Union -... - May 25th, 2026 [May 25th, 2026]
- European Union Approves 21 Million Military Support Package for Albania - Albanian Daily News - May 25th, 2026 [May 25th, 2026]
- Mexico and the European Union tighten their alliance in the face of Trump-era risks - EL PAS English - May 22nd, 2026 [May 22nd, 2026]
- Germany's proposal for Ukraine's associate membership of the European Union - www.lvivherald.com - May 22nd, 2026 [May 22nd, 2026]
- A new strategy to contain stablecoin risks in the European Union - Bruegel - May 20th, 2026 [May 20th, 2026]
- The European Union has no choice but to fight for its free trade policies in a hostile world - The Parliament Magazine - May 20th, 2026 [May 20th, 2026]
- PAPAL AUDIENCE & PRESS CONFERENCE | Pope Leo XIV and COMECE Presidency to discuss EUs future and global challenges. Press conference to follow -... - May 20th, 2026 [May 20th, 2026]
- Over 100 Christian organisations call on Europe to lead with courage on climate and energy transition - The Catholic Church in the European Union - May 20th, 2026 [May 20th, 2026]
- The European Union mission deploys 50 long-term observers to follow the presidential run-off in Peru - EEAS - May 20th, 2026 [May 20th, 2026]
- Europe Day 2026: Celebrating the Partnership between the European Union and the Republic of the Congo - EEAS - May 20th, 2026 [May 20th, 2026]
- Moldova, France and the European Union strengthen their cooperation for sustainable and climate-resilient agriculture. - AFD - Agence Franaise de... - May 20th, 2026 [May 20th, 2026]
- Von der Leyen wanted to manage all the money of the European Union - - - May 20th, 2026 [May 20th, 2026]
- International Day Against Homophobia, Biphobia and Transphobia: Statement by the High Representative on behalf of the European Union 2026 - EU... - May 20th, 2026 [May 20th, 2026]
- Inforegio - Commission proposes 144 million from the European Union Solidarity Fund to help Spain, Romania, and Cyprus recover from climate disasters... - May 20th, 2026 [May 20th, 2026]
- Tur calls for preparing for war because "the European Union will not surrender to the mercy of the union of t - - May 20th, 2026 [May 20th, 2026]
- European Union Dental Treats - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 20th, 2026 [May 20th, 2026]
- Bulgaria is unlikely to become Putins new proxy within the European Union - Atlantic Council - May 16th, 2026 [May 16th, 2026]
- Challenges to the integration of the Western Balkans into European Union supply chains - Bruegel - May 16th, 2026 [May 16th, 2026]
- European Union Programmable Bread Toaster - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- Opening Speech by European Union Ambassador to China Mr Jorge Toledo at the 2nd EU-China Conference: navigating beyond the inflection point - EEAS - May 16th, 2026 [May 16th, 2026]
- European Union Waterproof Kids Rain Jacket - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union Whisk Kit - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union Turmeric Curcumin - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union Luxury Weighted Blanket - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Union takes decisive steps to ensure accountability for Russia's war of aggression against Ukraine - PubAffairs Bruxelles - May 16th, 2026 [May 16th, 2026]
- From 2028, dogs and cats entering the European Union will need prior identification, and the rule could change how millions of pets cross borders -... - May 16th, 2026 [May 16th, 2026]
- Speech by Ambassador-Designate Aivo Orav, Head of the Delegation of The European Union to Trkiye, Delivered at Feriye on the Occasion of Europe Day on... - May 16th, 2026 [May 16th, 2026]
- European Union Anti Aging Face Moisturizer - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 16th, 2026 [May 16th, 2026]
- European Commission replies to Ban on conversion practices in the European Union initiative - European Citizens' Initiative - May 16th, 2026 [May 16th, 2026]
- EUMAM MOZ Mission Force Commander Participates in Meeting Between the European Union and the Ministry of Foreign Affairs and Cooperation - EEAS - May 16th, 2026 [May 16th, 2026]
- Canada and the European Union: Growing Closer Without Merging - Policy Magazine - May 16th, 2026 [May 16th, 2026]
- European Union Hits Israeli Settlers With Sanctions - The New York Times - May 11th, 2026 [May 11th, 2026]
- European Union Pots and Pans Kit - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 11th, 2026 [May 11th, 2026]
- Canada and the European Union Are in Love. Where Can It Lead? - The New York Times - May 11th, 2026 [May 11th, 2026]
- European Union Hair Thickening Spray - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 11th, 2026 [May 11th, 2026]
- European Union Rolled Oats - Market Analysis, Forecast, Size, Trends and Insights - IndexBox - May 11th, 2026 [May 11th, 2026]
- How the European Union-UNDP partnership is advancing risk-informed development - UNDP - May 7th, 2026 [May 7th, 2026]
- Trump says the European Union has until July 4 to approve last years trade deal or its goods will face higher tariffs - WKYC - May 7th, 2026 [May 7th, 2026]
- The European Union, France, Germany and Palestine Launch the TAJDID Project to Strengthen Water, Sanitation and Agricultural Reuse in Jenin West -... - May 7th, 2026 [May 7th, 2026]
- Africa CDC, ASLM and the European Union Launch One Health Laboratory Initiative to Strengthen AMR Control in Africa - Africa CDC - May 7th, 2026 [May 7th, 2026]
- Trump says the European Union has until July 4 to approve last years trade deal or its goods will face higher tariffs - Ottumwa Courier - May 7th, 2026 [May 7th, 2026]
- The European Union in the New Trade Disorder - CSIS | Center for Strategic and International Studies - May 7th, 2026 [May 7th, 2026]
- Should Canada be allowed to join the European Union? - YouGov - May 7th, 2026 [May 7th, 2026]
- European Union support strengthens life-saving assistance and protection for forcibly displaced populations in West and Central Africa - UNHCR - The... - May 7th, 2026 [May 7th, 2026]
- DOCUMENT | COMECE Reflection Paper addresses mental health challenges in Europe - The Catholic Church in the European Union - May 7th, 2026 [May 7th, 2026]
- Are the Values of the European Union Those of Wokeism? - Hungarian Conservative - May 7th, 2026 [May 7th, 2026]
- Trump's call for European Union car tariffs could mean higher prices on these brands - USA Today - May 7th, 2026 [May 7th, 2026]
- European Union Festival 2026 Europe Day in Tashkent - EEAS - April 27th, 2026 [April 27th, 2026]
- NATO and the European Union call for more sustained, coordinated support to Ukraine at joint meeting - North Atlantic Treaty Organization - April 27th, 2026 [April 27th, 2026]
- Indo-Pacific: How the European Union is expanding its strategic alliances - Table.Briefings - April 27th, 2026 [April 27th, 2026]
- Slovakia reviews its relations with the European Union: "Brussels prefers Ukraine over its members." - - April 27th, 2026 [April 27th, 2026]
- The brazen European Union lost the war declared by China before it had time to start - EADaily - April 27th, 2026 [April 27th, 2026]
- 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]