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Albania’s Cybersecurity Framework: A Mix of Legislation and Guidelines

Tirana, Albania - As Albania’s digital landscape continues to evolve, the country’s cybersecurity framework remains a complex web of legislation and guidelines. While there is no all-encompassing regulation explicitly dealing with cybersecurity, several official guidelines have been adopted that refer to cybersecurity issues.

Relevant Legislative Frameworks and Guidelines

According to a recent report by the Cybersecurity Capacity Review of Albania, 2018, the most relevant legislative frameworks and guidelines related to Albania’s Internet landscape include:

  • Law No. 7895 from January 27, 1995, Criminal Code of Albania
  • Law No. 7905 from March 21, 1995, Criminal Procedure Code of Albania
  • Law No. 9918 from May 19, 2008, On electronic communications
  • Law No. 9887 from March 10, 2008, On protection of personal data
  • Law No. 8888, dated April 25, 2002, for Ratification of ‘Convention for Crime in the Cybernetic Area’
  • Law No. 9880, dated February 25, 2008, On electronic signature

Albania has also signed and ratified the Budapest Convention for Cyber Crime, reflecting its requirements in the Penal Code and Penal Procedure Code.

Protection of Human Rights and Freedoms

The Constitution of Albania proclaims that fundamental human rights and freedoms are indivisible, inalienable, and inviolable. Moreover, Law No. 9887, Article 11 from March 10, 2008, “On protection of personal data,” speaks on processing of personal data and freedom of expression.

Protection of Children Online

Comprehensive legislation on protection of children online has been adopted and enforced under Articles:

  • Article 117/2 of the Criminal Code on Pornography
  • Law N. 23/2013

Challenges in Albania’s Cybersecurity Framework

However, experts point out that Albania’s criminal justice system is still in its formative stage of development. A central forensics laboratory exists within the Cybercrime Unit of State Police, but more resources are needed to be provided to the unit as well as continuous training for employees.

Additionally, there is no separate court structure or specialized judges for cybercrime cases and cases involving electronic evidence. Judges are not currently being trained in cybercrime, raising concerns regarding the difficulties they face due to lack of resources.

International Cooperation

Albania has established regional and international cooperation mechanisms, including:

  • The 1959 Council of Europe Convention on Mutual Legal Assistance in Criminal Matters
  • The Convention on Extradition
  • Strong collaboration mechanism with Interpol and Europol, having conducted joint operations with Europol in the past

Standards, Organizations, and Technologies

In terms of standards, organizations, and technologies, there is no obligation to implement national or sector-specific ICT security standards. However, the finance sector follows standards adhered to in other European countries, such as the General Data Protection Regulation (GDPR) or International Organization for Standardization (ISO) standards, although banks are not certified.

Conclusion

The report concludes that while Albania’s cybersecurity framework has made progress, there is still much work to be done to ensure a robust and effective cybersecurity environment.