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The paper 𝙏𝙝𝙚 𝙍𝙚𝙜𝙪𝙡𝙖𝙩𝙞𝙤𝙣 𝙤𝙛 𝘿𝙖𝙩𝙖 𝙋𝙧𝙞𝙫𝙖𝙘𝙮 𝙖𝙣𝙙 𝘾𝙮𝙗𝙚𝙧𝙨𝙚𝙘𝙪𝙧𝙞𝙩𝙮 by Jasmin Gider (Tilburg University - Tilburg University School of Economics and Management), Luc Renneboog (Tilburg University - Department of Finance), and Tal Strauss (European Central Bank ECB) compares and contrasts the regulatory landscapes of data privacy and cybersecurity in the EU and the US. It outlines the fragmented nature of US regulations, often relying on state-specific laws and sectoral approaches, in contrast to the EU's more unified framework like 𝗚𝗗𝗣𝗥 and 𝗡𝗜𝗦 Directives. The text details the increasing costs and frequency of cyber incidents, emphasizing the insufficient mandatory disclosure requirements in both regions. Furthermore, it identifies gaps in current legislation and ongoing efforts, such as the 𝗘𝗨'𝘀 𝗖𝘆𝗯𝗲𝗿 𝗥𝗲𝘀𝗶𝗹𝗶𝗲𝗻𝗰𝗲 𝗔𝗰𝘁 and the US.'s 𝗖𝗜𝗥𝗖𝗜𝗔, to enhance 𝗱𝗶𝗴𝗶𝘁𝗮𝗹 𝗿𝗲𝘀𝗶𝗹𝗶𝗲𝗻𝗰𝗲 and address underinvestment in 𝗰𝘆𝗯𝗲𝗿𝘀𝗲𝗰𝘂𝗿𝗶𝘁𝘆.

The main vulnerability in data protection is ineffective risk management, often subjective and superficial. GDPR outlines what to achieve but not how, leading to inconsistent compliance. This paper advocates a quantitative approach for data protection, emphasizing analytics, quantitative risk analysis, and expert opinion calibration to enhance impact assessments.

“Using cybersecurity certification as the basis for providing a complete defense to liability may not prevent every harm from occurring. However, if organizations invest in certification to avoid legal liability, this should collectively improve the resilience and quality of technology products in the United States and beyond.”

“This paper provides a comprehensive analysis of the recent EU AI Act, the regulatory framework surrounding Artificial Intelligence (AI), focusing on foundation models, open-source exemptions, remote biometric identification (RBI), copyright, high-risk classification, innovation, and the implications for fundamental rights and employment.”