Laws and regulations governing cybersecurity

A legal norm is an essential element of a state based on the rule of law.

A legal norm represents a generally binding rule of conduct that regulates the rights and obligations of entities. This rule of conduct is expressed in a special legal form recognised by the state (or the European Union), and its observance is ensured by state enforcement.      

The above definition of a legal norm results in two obligatory features, which are further specified. These features are:

1.     Formal

From the point of view of fulfilling the formal feature of a legal norm, it is necessary that a legal norm be issued by an authorised entity, and at the same time, the legally prescribed method of publication is satisfied.

2.     Material

The material features of a legal norm include:

-     regulation – regulates social relations,

-     legally binding – the rule of conduct regulates social relations with binding effects,

-     generality – in terms of the subject of legislation, as well as the object of the legal norm,

-     enforceability by state power – “state enforcement” in the event that the law is not respected.

The standard structure of a legal norm consists of three parts, which are hypothesis, disposition and sanction.

The hypothesis sets out the conditions under which a legal norm is implemented. The hypothesis, in particular, defines legal facts, entities and objects of a norm to which rights and obligations relate.

The disposition represents its own rule of conduct as it determines and concretises what rights and obligations arise and to whom in the event that the conditions stated in the hypothesis occur.

The sanction is an expression of the consequences of a breach of a legal obligation arising from the disposition of a legal norm.

Division of legal norms

Legal norms can be divided according to various criteria. These are specifically:

1.     The nature of the rules laid down by the legal norm.  According to the nature of the rules, legal norms are divided into:

-       Dispositive. A dispositive legal norm does not stipulate a fundamental rule of conduct at all, or it stipulates it only as a possibility. It is left to the addressees to set the rules themselves. If the addressees do not do so, the provisions in the standard serve as a guide for the judge to know how to decide. Dispositive norms are mostly applied in civil law or in civil law relations, which allow greater variability in the solution of various situations (self-regulation).

-       Cogent (categorical). A cogent legal norm stipulates a binding rule of conduct. It does not leave room for the will of the addressee.

2.     Wording. According to wording, legal norms are divided into:

-       Entitling. These legal norms explicitly formulate only entitlements.

-       Binding.  These legal norms explicitly formulate an obligation, either in the form of an order or a prohibition.

3.     Status of entities. According to the status of entities, legal norms are divided into:

-       Public. These legal norms apply where public power is exercised. Public power is exercised by the state through the offices of legislative, executive and judicial power. We view public law as the area of law in which relations are based on the inequalities of the parties involved, where one represents the public power acting against private persons with orders, prohibitions and enforcement.

-       Private. These legal norms apply in the field of private law, i.e. where entities act in an equal position, and neither of them can authoritatively decide on the rights and obligations of the other. Entities regulate their mutual rights and obligations through contracts and agreements.

4.     Subject of regulation. According to the subject of regulation, legal norms are divided into:

-       International. These legal norms regulate relations between states or their inhabitants, possibly at the level of the European Union.

-       National. National legal norms regulate relations between entities within a jurisdiction of a particular state or usually within its territory.

5.     Method of legislation. According to the method of legislation, legal norms are divided into:

-       Substantive law. These legal norms define legal relations in general and set out the rights and obligations of entities.

-       Procedural law. These legal norms regulate the procedure of public authorities in the application of substantive law norms, which may result in the issuance of a public act.

6.     Scope of legislation. According to the scope of legislation, legal norms are divided into:

-       General. These legal norms affect an entire territory of a state or the European Union. Furthermore, they apply to all entities without limit to their temporal scope.

-       Special. These legal norms operate only in a certain territory. Otherwise, they only apply to a certain category of entities or for a certain period of time.

Effectiveness of legal norms

The effectiveness of a legal norm means that the addressees in question have rights and obligations arising from it. The prerequisite for effectiveness of a legal norm is its validity. This means that a legal norm can enter into force at the earliest on the day of its validity. However, a legal norm may enter into force later. Thus, a certain period may elapse between the day when a legal regulation becomes valid and the day when it entered into force (the so-called vacatio legis). This period is intended to enable the addressees of a legal norm to become acquainted with the legal norm and to adapt to it. The date of entry into force is usually stated in the last provision of the legal norm.

Examples of the law around us:

• Purchase contract
• Contract for work
• Loan agreement
• Employment contract / work contract / contract for work
• Contract for the provision of consulting services
• Licence agreement
• Management contract
• Confidentiality agreement
• Agreement on the sale of a business share
• Civil torts (defamation, breach of contract)
• Crimes (e.g. theft, fraud, copyright infringement, etc.)