Cybersecurity Governance: Policies, Challenges, and the Road Ahead

Ayndri
Ayndri
Research Analyst - Policy & Advocacy, CyberPeace
PUBLISHED ON
Mar 13, 2025
10

Introduction 

The geographical world has physical boundaries, but the digital one has a different architecture and institutions are underprepared when it comes to addressing cybersecurity breaches. Cybercrime, which may lead to economic losses, privacy violations, national security threats and have psycho-social consequences,  is forecast to continuously increase between 2024 and 2029, reaching an estimated cost of at least 6.4 trillion U.S. dollars (Statista). As cyber threats become persistent and ubiquitous, they are becoming a critical governance challenge. Lawmakers around the world need to collaborate on addressing this emerging issue.

Cybersecurity Governance and its Structural Elements

Cybersecurity governance refers to the strategies, policies, laws, and institutional frameworks that guide national and international preparedness and responses to cyber threats to governments, private entities, and individuals. Effective cybersecurity governance ensures that digital risks are managed proactively while balancing security with fundamental rights like privacy and internet freedom. It includes, but is not limited to :

  1. Policies and Legal Frameworks: Laws that define the scope of cybercrime, cybersecurity responsibilities, and mechanisms for data protection. Eg: India’s National Cybersecurity Policy (NCSP) of 2013, Information Technology Act, 2000, and Digital Personal Data Protection Act, 2023, EU’s Cybersecurity Act (2019), Cyber Resilience Act (2024), Cyber Solidarity Act (2025), and NIS2 Directive (2022), South Africa’s Cyber Crimes Act (2021), etc.
  2. Regulatory Bodies: Government agencies such as data protection authorities, cybersecurity task forces, and other sector-specific bodies. Eg: India’s Computer Emergency Response Team (CERT-In), Indian Cyber Crime Coordination Centre (I4C), Europe’s  European Union Agency for Cybersecurity (ENISA), and others.
  3. Public-Private Knowledge Sharing: The sharing of the private sector’s expertise and the government’s resources plays a crucial role in improving enforcement and securing critical infrastructure. This model of collaboration is followed in the EU, Japan, Turkey, and the USA. 
  4. Research and Development: Apart from the technical, the cyber domain also includes military, politics, economy, law, culture, society, and other elements. Robust, multi-sectoral research is necessary for formulating international and regional frameworks on cybersecurity. 

Challenges to Cybersecurity Governance 

Governments face several challenges in securing cyberspace and protecting critical assets and individuals despite the growing focus on cybersecurity. This is because so far the focus has been on cybersecurity management, which, considering the scale of attacks in the recent past, is not enough. Stakeholders must start deliberating on the aspect of governance in cyberspace while ensuring that this process is multi-consultative. (Savaş & Karataş 2022). Prominent challenges which need to be addressed are: 

  • Dynamic Threat Landscape: The threat landscape in cyberspace is ever-evolving.  Bad actors are constantly coming up with new ways to carry out attacks, using elements of surprise, adaptability, and asymmetry aided by AI and quantum computing. While cybersecurity measures help mitigate risks and minimize damage, they can’t always provide definitive solutions. E.g., the pace of malware development is much faster than that of legal norms, legislation, and security strategies for the protection of information technology (IT). (Efe and Bensghir 2019).
  • Regulatory Fragmentation and Compliance Challenges: Different countries, industries, or jurisdictions may enforce varying or conflicting cybersecurity laws and standards, which are still evolving and require rapid upgrades. This makes it harder for businesses to comply with regulations, increases compliance costs, and jeopardizes the security posture of the organization. 
  • Trans-National Enforcement Challenges: Cybercriminals operate across jurisdictions, making threat intelligence collection, incident response, evidence-gathering, and prosecution difficult.  Without cross-border agreements between law enforcement agencies and standardized compliance frameworks for organizations, bad actors have an advantage in getting away with attacks. 
  • Balancing Security with Digital Rights: Striking a balance between cybersecurity laws and privacy concerns (e.g., surveillance laws vs. data protection) remains a profound challenge,  especially in areas of CSAM prevention and identifying terrorist activities. Without a system of checks and balances, it is difficult to prevent government overreach into domains like journalism, which are necessary for a healthy democracy, and Big Tech’s invasion of user privacy. 

The Road Ahead: Strengthening Cybersecurity Governance 

All domains of human life- economy, culture, politics, and society- occur in digital and cyber environments now. It follows naturally, that governance in the physical world translates into governance in cyberspace. It must be underpinned by features consistent with the principles of openness, transparency, participation, and accountability, while also protecting human rights. In cyberspace, the world is stateless and threats are rapidly evolving with innovations in modern computing. Thus, cybersecurity governance requires a global, multi-sectoral approach utilizing the rules of international law, to chart out problems, and solutions, and carry out detailed risk analyses. (Savaş & Karataş 2022). 

References

 

PUBLISHED ON
Mar 13, 2025
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