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ARTICLE · 04 JUNE 2020

Member State Implementation Of The EU 5G Toolbox: Legal Issues Raised

Jones Day
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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.

United StatesTechnology
Yvan Desmedt
Yvan Desmedt
Laurent De Muyter
Laurent De Muyter
Eva Monard
Eva Monard
Alexandre Verheyden
Alexandre Verheyden
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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 Toolbox, as their implementation could raise a number of legal concerns. Specifically, these SM relate to: (i) expanding the role of national authorities (SM01), which may lead

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