EU Cybersecurity Regulation in the Quantum Age

Peter Alexander Earls Davis (), Mateo Aboy (), Lee Andrew Bygrave, Timo Minssen, Urs Gasser and Marcelo Corrales Compagnucci
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Peter Alexander Earls Davis: University of Copenhagen, Center for Advanced Studies in Bioscience Innovation Law (CeBIL)
Mateo Aboy: University of Cambridge, Centre for Law, Medicine and Life Sciences (LML) & Centre for Intellectual Property & Information Law (CIPIL)
Lee Andrew Bygrave: University of Oslo, Norwegian Research Center for Computers and Law (NRCCL)
Timo Minssen: University of Copenhagen, Center for Advanced Studies in Bioscience Innovation Law (CeBIL)
Urs Gasser: Technical University of Munich (TUM)
Marcelo Corrales Compagnucci: University of Copenhagen, Center for Advanced Studies in Bioscience Innovation Law (CeBIL)

A chapter in Quantum Technology Governance I, 2026, pp 149-179 from Springer

Abstract: Abstract This chapter explores the intersection of quantum computing and European Union (EU) cybersecurity law. It examines to what extent cybersecurity regulation in the EU is fit-for-purpose to deal with the challenges of quantum computing. Two key challenges are identified: (i) harvest now, decrypt later (HNDL) attacks, and (ii) the accelerated development of quantum computers outpacing current cybersecurity measures. The chapter argues that concepts like “state of the art” and “appropriate technical and organizational measures” characteristic of EU cybersecurity law fail to sufficiently account for cybersecurity threats anticipated to materialize in the future, but impacting networks and information systems today. Proposed solutions include enhancing judicial clarity of technical cybersecurity requirements, increasing policy focus on post-quantum cryptography, adopting firmer cybersecurity requirements in hard law, and shifting towards alternative terms that properly account for future cybersecurity uncertainties. The chapter concludes by advocating for proactive regulatory approaches anchored in anticipatory governance and multi-layered strategies to safeguard against the quantum threat.

Keywords: Encryption; Cybersecurity; Post-quantum cryptography; Quantum key distribution; Security-by-design; Anticipatory governance; Technology governance; Privacy; Security (search for similar items in EconPapers)
Date: 2026
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DOI: 10.1007/978-981-95-8371-3_5

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