“Soft” Law on Cybersecurity and Data Governance: Strengthening Asia’s Digital Economy
摘要
The Asia Pacific region has been targeted by cybercriminals for the reasons of digitalisation of its economy, a young society, the Internet-connected working environment and the evolution of online platforms and hardware manufacturing (Gullapalli, Why is the Asia Pacific region a target for cybercrime - and what can be done about it? 2023). It is one of the significant geopolitical threats to countries’ digital sovereignty, causing economic and security concerns. While the European Union is worried about the dependence on semiconductor manufacturing mainly in Asia and lays down technical requirements and legislative initiatives to protect its regional common market (Farrand et al., International Affairs:2379–2397, 2024), Asian countries, especially in South-East Asia, experience serious cyberattacks, data breaches and a lack of security infrastructure. This paper aims to analyse the gaps amongst different parts of Asia regarding policy, legislation and infrastructure: the dominance of China in technology, technical infrastructure and serious cybercrimes in South-East Asia (Segal et al., Asia Policy:57–115, 2020). Amongst the proposed solutions, such as establishing multilateral collaboration across the region and building capacity to fight against cybercriminals, etc. (Socquet-Clerc et al., Cybersecurity Governance in Southeast Asia. Thematic SSG Brief. Geneva: DCAF - Geneva Centre for Security Sector Governance, 2023), the growth of “soft” law and its elasticity have been demonstrated as a potential solution in addition to the reinforcement of technical obligations imposed on the online-service providers, such as social and e-commerce platforms, banking services, etc. and infrastructure readiness.