UK Parliamentary Committee Advocates for Software Liability

Geo Focus: The United Kingdom,
Geo-Specific,
Standards, Regulations & Compliance

Security by Design or Be Fined, Committee Proposes

UK Parliamentary Committee Recommends Software Liability
Image: Cristian Gusa/Shutterstock

A parliamentary committee in the United Kingdom has put forth a proposal advocating for the implementation of legislation that mandates software developers adhere to secure-by-design principles, or risk incurring financial penalties. This emerging directive reflects a growing frustration over the proliferation of ransomware attacks, incidents of state-sponsored cyber espionage, and increasing concerns regarding potential remote cyber sabotage by foreign adversaries.

This recommendation mirrors ongoing pressures from the British government, which, similar to its U.S. counterpart, has been urging the tech sector to voluntarily integrate robust security measures into their product design. The Commons Business and Trade Committee, in its recent report emphasizing economic security, called for the establishment of enforcement agencies authorized to impose fines for non-compliance with the new secure-by-design standards.

The push for mandatory secure-by-design protocols has proven to be a challenging endeavor for advocates in both the United Kingdom and the United States. While British supporters have successfully introduced certain minimum cybersecurity requirements for Internet of Things (IoT) devices, such as eliminating universal default passwords, broader implementation has relied heavily on the cooperation of technology companies.

In the United States, advocates including the Biden administration have faced resistance from Silicon Valley, where concerns persist that imposing liability on tech firms may stifle economic growth. The recent rollback of a Biden-era requirement for software developers to validate their adherence to secure software practices during federal procurement illustrates the complex landscape of cybersecurity legislation.

The applicability of these liability frameworks may become clearer by late 2027, when the European Union’s Cyber Resilience Act enforces secure-by-design standards on various digital products. Nonetheless, this regulation primarily excludes software-as-a-service offerings, raising questions about its overall efficacy and reach.

The potential for the UK to successfully impose comprehensive software liability while Europe and the U.S. have encountered challenges presents a significant political consideration. Lawmakers could strengthen existing cybersecurity proposals to facilitate this goal, as suggested by Andrew Churchill from the nonprofit Cybersecurity and Business Resilience.

Furthermore, the parliamentary committee has recommended a revision of current tax law to enable businesses to deduct costs associated with subscription-based IT services aimed at enhancing cybersecurity resilience. At present, existing regulations serve as a disincentive, hindering companies from writing off expenses for cybersecurity software subscriptions.

This rewritten content maintains a journalistic tone while addressing key cybersecurity concerns relevant to a U.S.-based audience. It provides a factual overview of the U.K. proposal and potential implications for cybersecurity standards without veering into personal opinions.

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