When Cybersecurity Becomes a Reason for Amending or Terminating an International Commercial Contract: Proposed Solutions

This study investigates the issue of a country’s cybersecurity evolving into a justification for amending the scope of or terminating an international commercial contract. Therefore, the hypothesis is grounded in the neglect of cybersecurity-related issues during the negotiation of certain types of international commercial contracts, as well as in the drafting of their clauses. This underscores the need for an analytical approach to trace the emergence of such risks. The identification of these risks by the public authority responsible for overseeing cybersecurity may result in the suspension of the performance of the international commercial contract. This measure affects the national public or private party that has contracted with a foreign supplier providing services remotely via the internet. The suspension remains in effect until a decision is made to amend the contract’s scope by removing provisions that pose a cybersecurity threat, or to terminate the contract if such amendments are not feasible. This study reveals that the failure to include provisions addressing cybersecurity risks during the negotiation and drafting stages of an international commercial contract often initiates the rationale for its amendment or termination. Conversely, the inclusion of such provisions during the performance phase serves as the true reflection of these effects. To adequately address this type of risk, it is essential to focus on three interrelated levels: the first pertains to the contractual arrangements for managing risks associated with the country’s cybersecurity; the second concerns legislative and institutional regulation; and the third is characterized by the technical and technological infrastructure that the concerned country must establish.