Paula Contreras’ paper “The transnational dimension of cybersecurity: the NIS Directive and its jurisdictional challenges” analyses and compares the jurisdictional rules applicable to cross-border actors under the NIS Directive and the NIS 2 Proposal. It also comparatively examines the jurisdictional rules of two further EU regulatory instruments applicable to digital services—the GDPR and the DSA Proposal— since both rely on the same ‘main establishment’ connecting factor to allocate jurisdiction to one Member State over the others (one-stop-shop mechanisms). Further, Paula assesses whether the NIS 2 Proposal represents a step forward in addressing the complex jurisdictional challenges created by cybersecurity cases with cross-border elements.
This paper is based on a presentation given at Cyber Science 2022 on 20 June 2022 in Cardiff, Wales and published in the Proceedings of the International Conference on Cybersecurity, Situational Awareness and Social Media.