EUROPEAN LEGISLATION TO FIGHT CYBERCRIME

Abstract

Globally, over the last few years, there has been a rapid development of Internet technologies. This, in turn, favors the discovery of new educational, intellectual and social opportunities. The Internet has become an integral part of the lives of each and every one of us. However, the Internet hides serious risks and threats. Unfortunately, the evolution of Internet technologies also serves the expansion of the relevant criminal activity. It can even be said that cybercrime is the “hit” of the criminal world since the beginning of the 21st century. It is a borderless crime that does not meet the usual limitations and obstacles. Individuals and / or groups of people around the world use the Internet to commit various illegal acts – financial frauds; theft of virtual identity; violation of copyright and related rights; production, possession and distribution of pornographic material with minors; arranging games of chance; recruitment of terrorists; and lately people are even talking about cyberwar.
Modern society is becoming increasingly dependent on electronic networks and information systems. Such dependence makes individual citizens, businesses and governments particularly vulnerable. In view of the serious threats posed by the spread of cybercrime and the need for adequate protection, the European Union has a continuing policy of fighting cybercrime. In 2013, the European Commission adopts the Cybersecurity Strategy “An Open, Safe and Secure Cyberspace”, which presents the EU's vision on how best to prevent cyber disruptions and attacks and how best to respond to them. The strategy is followed by several legislation actions which main task is to ensure safety on the Internet – Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union; Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA; Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA. This theoretical and legal research aims to explore the European Union's actions to the fight against cybercrime and to find out the improvement of the Bulgarian legislation in this specific area.