Lhe exploitation of space arouses keen interest from both industry and governments. Under the growing impetus of public and private investments, space activities are becoming more dense and the number of satellites in orbit continues to increase. Communication, navigation, Earth observation, government services, defense, exploration and science… The true backbone of the modern digital economy and our daily lives, satellites constitute a critical infrastructure because they are essential to the functioning of States and economies.
Between hacking [« piratage »] of satellites in orbit, software intrusions of ground systems and data theft, malicious cyber activities innovate at the same pace as technological advances, and represent a real threat in the hitherto little exposed space domain. However, there are no regulations or common authorities to regulate space activity and limit risks.
Within the European Union (EU), there is currently no harmonized legal framework relating to space activities. Certainly, guidelines and initiatives exist, but they are only recommendations without a mandatory nature. Today, any operator can launch a satellite without any questions being asked by any authority! This lack of regulation exposes not only the operator but also its customers to the risks of cybercrime, and ultimately the reputation of the entire industry in the event of a major problem.
All players in the space industry agree that it is necessary to put in place standards to govern operator practices. The question is which ones, and whether they should be national and/or European.
A certain flexibility of application
In France, for example, the new law relating to space operations (LOS), which will be applicable from 2025, contains new cybersecurity requirements [la réglementation technique applicable aujourd’hui date de 2008 mais est sujette à de fréquentes modifications]. But these national initiatives, however laudable in their approach, can also be very heterogeneous from one country to another.
The adoption of European space law would make it possible to create binding and homogeneous rules within the EU across the continent. Also, in 2023, the European Union reaffirmed the strategic nature of space, recalling the need to create a harmonized regulatory framework at EU level to regulate and supervise space activities. It is EU Space Law (or “European space law”), which should make it possible to respond to current challenges and threats by creating common rules for safety, security and sustainability.
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