Part Three The Strategy data ownership, contentious content, net neutrality, vendor lock-in and exit management strategies; online contracts and license agreements. to defend its cyber-space territory to ensure that the security of the nation is maintained.Such measure entails ensuring that the following are addressed: • Cyber-space defences • Structures to counter terrorist attacks The measure is also highly relevant taking into consideration: • The requirements arising from the European Agenda on Security, referred to in Measure 2.2. • Ability and capacity to detect threats in cyberspace • Capability to disrupt attacks on the country from cyber-space • Action 38 – Digital Single Market – of Digital Malta, which states Government’s intention to maximise the benefits and opportunities deriving from legislation adopted within the EU such as those related to data protection, electronic identification and trust, etc • Active consideration of direction being taken at EU level on areas such as cyber diplomacy26 and on ways to counter hybrid threats27. Malta has the right and “obligation to defend its • Relevant EU Directive and regulation , notably among others, recent EU data protection legislation and legal requirements pertaining to Network and Information Security cyber-space territory to ensure that the security of the nation is maintained. Within this light, the notion of having one national legislation for cyber security, merits active consideration. It is understood that its effectiveness would need to be backed by: ” • Prior multi-displinary wide national consultation • Consideration and alignment to existing national and EU legal requirements covering aspects of cyber security24 iv. Conduct national cyber simulation exercises Cyber simulation exercises are to be scheduled and conducted from time to time, at a national level. Such measure contributes to the need to review the ability to anticipate, prepare for, identify and attribute, combat hostile cyberspace acts. Apart from technical considerations, cyber simulation exercises should also assess non-technical areas both at an operational, tactical as well as at a strategic level such as testing national and international coordination and any relevant Standard Operational Practices. • A balance between incentives and sanctions • Promotion of related awareness and cooperation with the various stakeholders involved in working towards cyber resilience. The legislation may be positioned in a way so as to allow sectors (regulated or otherwise) to adopt any further measures as necessary. iii. Ensure the country’s digital resilience to cyber attack as well as the capability to protect its interests The participation of key public and private sector stakeholders28 in such exercises is crucial. The participation of other organisations is also encouraged. As an independent sovereign state and as a member of the United Nations (UN), Malta has the right to defend its own territory and its infrastructure from acts of aggression from other states25. Cyber-space is no exception and Malta has the right and obligation 21 MALTA CYBER SECURITY STRATEGY 2016

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