Cyber Security

Beyond Borders: What Businesses Need to Know About Global Cyber Laws & Risks

By Justine Phillips, Partner (Los Angeles), Dr. Lukas Feiler Partner (Vienna)and Vinod Bange, Partner (London) and contributions by Benjamin Slinn and Senior Associate (London), Adrian Brandauer, Junior Associate (Vienna) โ€“ Baker McKenzie

As we enter 2026, global cybersecurityย risk and laws are rapidly expanding. Geopolitical tensions, technological advancements, and evolving regulatory frameworks are reshaping how businesses approach cyber risk. This article explores the key developments in global cybersecurity lawsย in theย United Statesย (US),ย United Kingdomย (UK)ย andย European Unionย (EU), the impact of emerging technologies, and the strategic imperativeย for a culture of cyber resilience.ย 

Geopolitics and the Rise of Cyber Regulationsย to Protect โ€œCritical Infrastructureโ€ย 

Geopolitical dynamics are influencing cybersecurity.ย Globally, national security concerns are driving a surge inย regulationsย mandating data localization, stringent access controls, and mandatory incident reporting.ย ย 

In the United States,ย cyber laws are and priorities are focused on national security. Theย Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) mandatesย โ€œcritical infrastructureโ€ย entities to report “substantial cyber incidents”ย to the federal governmentย withinย 72 hoursย andย ransom paymentย disclosures within 24 hours. CIRCIAโ€™sย delayedย regulationsย and reporting obligationsย areย expected to go into effect in Mayย 2026.ย ย Executive Order 14117ย nowย requires businesses handling sensitive personal or government-related data to implement strict security and access controls to prevent unauthorized access by foreign adversaries, with compliance obligationsย now in full effect.ย With the shift at the federal level towards deregulation of businesses, states like California are introducingย mandatory independentย cyber assessments and audits.ย โ€œReasonable securityโ€ will beย tested in the United States by class action complaints and evolving regulations thatย require both technical and organizational controls.ย 

The EUโ€™sย Network and Information Security (NIS2)ย Directive and Cyber Resilience Act are setting new standards for critical infrastructure and digital services.ย NIS2 significantly widens theย scopeย compared to the 2016 NIS regime. It covers โ€œessentialโ€ and โ€˜importantโ€™ entities across 18 sectors, ranging from energy, transport, health and digital infrastructure to postal and courier services, waste management, chemicals, food production and a broad array of ICT and managed service providers.ย Key obligationsย of NIS2ย includeย a registrationย with the national authorities,ย extensiveย risk management measures, supply chainย securityย and incident reporting within 24 hours.ย NIS2 gives authorities a broad supervision toolbox, includingย audits and remediation orders, fines up to EUR 10 million or 2% of the worldwide annual turnover (whichever is higher), and in case of repeated or serious breaches,ย temporary bans for managers, temporary designation of a monitoring officer, andย temporarily suspend certifications or authorizations concerning parts of the relevant business activities.ย 

The UKโ€™s Cyber Security and Resilience Billย will aimย to align with EU frameworks whileย maintainingย national autonomy.ย The UK Government also launched a consultation on proposals for a targeted ban on ransomware payments for all public sector bodies and owners and operators of critical national infrastructure, a ransomware payment preventionย regimeย and a new mandatory ransomware incident reporting regime.ย ย 

These developments mark a turning point: cybersecurity is no longer just an IT issueโ€”cyber riskย governanceย starts with effective board oversight,ย which requires activeย executive engagement andย ultimatelyย empowermentย of all stakeholders.ย New cyberย laws and regulationsย meansย legal teams playย a central roleย in managing cyber risk, ensuring that compliance strategies are defensible and integrated across people, processes, and technology.ย 

Regulatory Alignmentย & Standardsย Beyond Bordersย 

Despiteย theirย differences, there is a growing push for interoperability and mutual recognition of standards, particularly inย cybersecurity frameworksย and supply chain security.ย ย 

Less regulation in the U.S. tends to be moreย business-friendly. However, as digital sovereignty and data localization laws increase, it will require businesses to map their digital assets and redesign cloud infrastructure.ย ย 

Certain countries implementing NIS2 have recognizedย the U.S.-developedย NISTย Cybersecurity Framework (CSF)ย as an acceptable framework, along with ISO 27001, a globally recognized standard for information security management systems.ย Theย European Union Agency for Cybersecurity, ENISA,ย and industry guidance confirm that these frameworks can be used to demonstrate compliance with NIS2 requirementsย in particular with theย obligationsย governance andย riskย managementย measures.ย In the UK, theย Governmentย produced aย Cyber Governance Code of Practice, co-designed with technical experts from the National Cyber Security Centreย and has also publishedย a mapping document for boards, directors and Chief Information Security Officers which highlights the similarities and differences between the Code and the NIST CSF.ย 

AI and Cloud: Transforming Data Governance and Securityย 

Artificial intelligenceย (AI)ย and cloud computing are revolutionizing cybersecurity. AI agents are now capable of both launching and defending against sophisticated cyberattacks. However, the rapidย implementationย of generative AI has outpaced governance, leading to increasedย attackย surfaceย and risks to organizations.ย ย In less regulated countries like the U.S.,ย businessesย mayย notย beย legallyย required to conduct risk assessmentsย before using AI,ย which hasย acceleratedย theย deploymentย ofย AIย systems.ย 

In the EU,ย following a risk-based approach,ย the EU AIย Actย stipulates different regulatory obligationsย for the development or use of AI systemsย depending on their riskย classification.ย While some types of AI systems are completely prohibited,ย other AI systems areย eitherย onlyย permitted if strict safety and transparency requirements areย met, orย alreadyย permitted ifย minimumย requirements are met.ย To qualify as aย so-calledย high-risk AI systemย that isย subject to the most extensive regulatory obligations, the AI Act focusesย in particular onย the purpose of the AI system.ย High-risk AI systems include, inter alia, AI systems thatย areย intended to be used forย (i)ย inferringย emotions or intentionsย of an individualย from biometric data such as video or audio recordings,ย (ii)ย HRย decisions such as hiring, promotion, or termination,ย (iii)ย credit scoring, or (iv)ย decisions on the admissionย ofย individualsย to educational institutions.ย 

Developersย of high-risk AI systemsย โ€“ย  theย so-called providersย โ€“ mustย establishย risk and quality managementย systems ,ย implement technical measures to ensureย that the training, validation, and test data used for the developmentย ofย  theย AI system are relevant, representative, error-free, and complete.ย Moreover, providersย must conduct a comprehensive review of compliance with all requirements of the AI Act and may only distribute the AI system if it confirms to its customers that it meets all requirements by affixing a โ€œCEโ€ mark.ย 

Companies that use high-risk AIย systemsย โ€“ย the so-called deployersย โ€“ are subject to reduced but still extensive obligations under the AI Act.ย This includes, in particular, the obligation to actively monitor and counteract the risks of high-risk AIย systemsย by establishing a risk management system.ย Deployersย must also implement technical and organizational measures toย comply withย legal requirements and the provider’s operatingย instructions, andย are subject to reporting obligations.ย In addition, human oversight of high-risk AIย systemย must be ensured.ย 

ย In the UK, new legislation regulating AI (the UK AI Bill), is unlikely to be published until the second half of 2026. However, on 21 October 2025 the UK Government published a call for evidence on its proposals for a UK AI sandbox, known as the AI Growthย Labย as part of its blueprint for AI regulation to drive growth and public trust.ย ย 

In 2026, businesses must ensure that AI systems are transparent, auditable, and compliant with emerging regulations such as the EU AI Act and NIST AI Risk Management Framework.ย 

Lessons from Recent Cyber Incidents: Creating a Culture of Resilienceย 

Recent cyber incidentsย have caused global disruption to businesses and manufacturingย sites,ย andย underscore the importance of cybersecurity oversightย from the top down. These events revealed gaps in social engineering defenses and incident response preparedness.ย Attacks on businesses through supply chainย vulnerabilitiesย revealsย the interconnected nature of our systems and interdependency on vendorsย orsuppliers.ย 

Boards are increasingly expected to take an active role in cyber risk governance. Best practices include regular briefings, tabletop exercises, and direct engagement with CISOs.ย Executive leadership teams are increasing their rolesย and engagementย in effective cyberย operations for their departments. Cyber training that is customized based on roles andย access,ย can have a greater impact on early identification and risk mitigation.ย 

Cybersecurity is now a strategic business issue.ย Businessesย must align cyber risk management with organizational goals, ensuring that investments in security yield both protection and competitive advantage.ย 

A Strategic Imperative for 2026ย 

In 2026, cybersecurity compliance is not optionalโ€”it is a business imperative. Organizations must navigate a fragmented regulatory landscape, adapt toย emergingย technologies, and embed cyber resilience into their core strategies.ย 

Legal, IT, and executive teams must collaborate to build defensible, integrated cybersecurity programs. By doing so, businesses can not only mitigate risk but also foster trust,ย seize opportunities inย innovation, andย maintainย a competitive edge in an increasingly volatile digital world.ย 

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