recognising the economic cost in the European semester), legislation, and funding
programmes.
Actions:
-
Extending the work of the EU Policy Cycle to neighbouring countries;
Reviewing possible measures for non-conviction based confiscation;
Reviewing legislation on firearms with proposals in 2016;
Adopting a post-2016 strategy on human trafficking;
Launching joint actions and cooperation strategies with key third countries to combat
smuggling of migrants;
Reviewing existing policy and legislation on environmental crime, for proposals in
2016.
3.3 Fighting cybercrime
Cybersecurity is the first line of defence against cybercrime. The 2013 EU
Cybersecurity Strategy focuses on identifying high-risk areas, working with the private
sector to close loopholes, and providing specialised training. An important element in
implementing the Strategy will be the swift adoption of the proposal for a Directive on
network and information security.38 The implementation of this Directive would not only
promote better cooperation between law enforcement and cybersecurity authorities, but
also provide for cyber-security capacity building of competent Member States' authorities
and cross-border incident notification. The EU Agency for Network and Information
Security also contributes to the EU's response to cybersecurity issues by working towards
a high level of network and information security.
Ensuring full implementation of existing EU legislation is the first step in confronting
cybercrime. The 2013 Directive39 on attacks against information systems criminalises the
use of tools such as malicious software and strengthens the framework for information
exchange on attacks. The 2011 Directive40 on child sexual exploitation approximates
national legislation to prevent child sexual abuse online. The Commission is working
with the Member States to ensure correct implementation of these Directives. Rules also
have to be kept up to date. Citizens are concerned about issues like payment fraud.
However, the 2001 framework decision combating fraud and counterfeiting of non-cash
means of payments41 no longer reflects today’s realities and new challenges such as
virtual currencies and mobile payment. The Commission will assess the level of
implementation of the current legislation, consult relevant stakeholders and assess the
need for further measures.
Cybercrime is by its nature borderless, flexible and innovative. In prevention, detection
and prosecution, law enforcement has to be able to match and anticipate the ingenuity of
the criminals. Cyber criminality requires competent judicial authorities to rethink the way
they cooperate within their jurisdiction and applicable law to ensure swifter cross-border
access to evidence and information, taking into account current and future technological
developments such as cloud computing and Internet of Things. Gathering electronic
evidence in real time from other jurisdictions on issues like owners of IP addresses or
other e-evidence, and ensuring its admissibility in court, are key issues. It also requires
38
39
40
41
COM(2013) 48 final of 7.2.2013.
Directive 2013/40/EU of 12.8.2013.
Directive 2011/92/EU of 13.12.2011.
Council Framework Decision 2001/413/JHA of 28.5.2001.
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