Analysis of the Legal Framework for the Cybersecurity Situation in the Ecuadorian Government Sector
摘要
The cybersecurity legal framework within the Ecuadorian governmental sector was analyzed in the face of contemporary digital threats. The core issue lies in the fragmentation, insufficiency, and outdated nature of the current legislation, which exhibits regulatory gaps, inconsistencies among key laws, and a significant disconnect from international standards, thereby limiting the effective protection of public institutions. The objective was to analyze the Ecuadorian legal framework, evaluating its scope and effectiveness against digital risks impacting the public sector to identify critical areas requiring reform. A mixed method was employed, utilizing a dogmatic and comparative legal approach based on a documentary review of national regulations, international treaties, and specialized literature. The result of this research is Digital Growth Indicators and Cyber threats, Model for a Legal Framework for Cybersecurity in Ecuador, Regulatory Gaps and Emerging Crimes, Regulatory Inconsistencies and Dispersion, Inadequate Enforcement and Oversight Mechanisms, and Outdated and Gap with International Standards. It was concluded that Ecuadorian cybersecurity legislation lacks coherence and order, resulting in regulatory gaps in response to recently reported criminal incidents, as well as regulatory incompatibilities between the COIP (Criminal Code in Spanish), the LOPD Data Protection Act in Spanish), and e-commerce legislation.