Laws and regulations governing cybersecurity
1. Introduction to the subject, system of law, legal norm, law and internet
The law is one of the most important instruments for stabilising social relations and regulating society.
The law is necessary and currently irreplaceable because, where there is a society, there is law. Society is not able to endure without order and rules. As such, law significantly reduces the degree of chaos (entropy) in society and stabilises relations.
All of the above is true, but only if the law is respected and the law itself is stable (at least relatively).
The law, like society, is evolving and changing.
The law is a set of generally binding rules of conduct accepted by society, defined by a state or bodies authorised by the state. For the law to be sustainable, it must be enforceable. The law without the condition of enforceability is still law, but in reality it is rather a set of recommendations that everyone decides for themselves whether to respect or not.
In order for a citizen or an entity that is subject to a law to be able to exercise its rights or protect them effectively and to be aware of their own responsibilities, which are closely linked to the rights, they need to have at least minimal knowledge of the basic provisions of the legal system.
In today’s society, the law can be characterised as a relatively well-defined system of legal norms, ensured by state power and protected by state enforcement. In order for a natural or legal person to be able to exercise or effectively protect his/her/its rights, as well as to be aware of his/her/its obligations under these rights, it is essential that he/she/it has at least minimal knowledge of the basic provisions of the legal system.
The actual concept of the law is relatively difficult to define as it is a multidisciplinary phenomenon and cannot be defined by a single definition:
- natural law (ius naturale). It exists independently of the state. It originates and develops in society. In general, it comprises a set of principles that correspond to the achieved level of society’s development.
- positive law (ius pozitivum). This law is laid down by a state or a system of power. Positive law is therefore predetermined. It consists of predictable rules that are enforced, i.e. where infringement is punished.
- law We understand the law (or objective law) as a set of legal norms as generally binding rules of conduct established or recognised and enforced by the state.
- right “Right” means the possibility of conduct of legal entities guaranteed by a legal norm. A right usually corresponds to a legal obligation of another legal entity. An entity’s statement that “it is my right” corresponds to the law in this sense, for example.