디지털무역 규범상 사이버안전 규범의 발전 방향

As the recent SolarWinds hack proves, cybersecurity has become an essential national security concern. Strong proponents for free flow of data, nevertheless, raise concerns that cybersecurity measures will restrict digital trade. There is also a concern that cybersecurity measures may be broadly allowed through the exception provisions under the current digital trade agreements. However, cybersecurity measures are different from traditional national security measures in that cybersecurity contributes to maximizing the values the digital trade agreements pursue. First, cybersecurity contributes to improving the confidence of users in the use of digital products. Second, Cybersecurity measures can reduce unnecessary costs that digital product providers could have paid due to cybersecurity threats. Therefore, the focus should be on whether the nature of cybersecurity threats is properly reflected within the digital trade rules, not on the possibility of cybersecurity measures being abused with the exception provisions. The study argues that cybersecurity measures need to be recognized as legitimate measures within digital trade rules. To that end, this study highlights the contribution of cybersecurity measures to digital trade facilitation and suggests matters needed to be re-examined taking into account characteristics of cybersecurity threats