In January 2020, the European Commission endorsed the Toolbox of mitigating measures agreed by the Member States of the European Union to address security risks related to the rollout of 5G. The protection of national security, and cybersecurity in particular, are unquestionably legitimate objectives. However, since protecting these interests may contravene ordinarily applicable laws and principles, EU and international law provide for exceptions to enable the adoption of such security-related measures. These are not open-ended instruments, though, and must be applied subject to essential safeguards. Certain Toolbox measures could raise legal risks, depending on their actual implementation by Member States. The present White Paper focuses on three Strategic measures (“SM”) presented in
The EU Commission endorses the toolbox of mitigating measures aiming to secure 5G network in the Union due to alleged ties between certain telecom equipment suppliers and foreign governments
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