Domestic Protection of Submarine Cables in EU Countries: Learning from Australia?

Submarine cables form the backbone of global digital connectivity, transmitting almost all international data traffic and sustaining the modern information society. Yet, despite their critical role, the legal frameworks governing their protection remain fragmented, outdated, and poorly equipped to address new threats such as cybersecurity risks, dual-use infrastructure, and state-sponsored sabotage. This paper examines the domestic protection of submarine cables in selected European countries— Finland, Denmark, Norway, and Sweden—highlighting their strengths and limitations. Norway offers the most comprehensive system, combining multiple legal instruments to regulate safety, environmental, and infrastructural concerns. Finland provides clear liability rules but relies on dated provisions; Denmark emphasises operational guidance but lacks legislative depth; Sweden incorporates strong environmental safeguards, though with dispersed responsibilities and limited extraterritorial reach. Together, these regimes reveal gaps in legal certainty, definitional clarity, and effective enforcement. By contrast, Australia has developed one of the most coherent models worldwide. Its legislation introduces precise definitions, creates cable protection zones, centralises regulatory authority, and combines strict criminal liability with civil compensation mechanisms. Notably, enforcement extends to foreign vessels, enhancing its effectiveness and international significance. Drawing on this comparison, the paper proposes a draft framework for Europe, advocating for integrated ocean management, a single national authority, strict liability regimes, and recognition of submarine cables as critical infrastructure. Such a harmonised approach is essential to safeguard connectivity, resilience, and data integrity in the digital era.