keyboard_tab Cyber Resilience Act 2023/2841 EN

1.   By 8 April 2025, each Union entity shall, after carrying out an initial cybersecurity review, such as an audit, establish an internal cybersecurity risk-management, governance and control framework (the ‘Framework’). The establishment of the Framework shall be overseen by and under the responsibility of the Union entity’s highest_level_of_management.

2.   The Framework shall cover the entirety of the unclassified ICT environment of the Union entity concerned, including any on-premises ICT environment, operational technology network, outsourced assets and services in cloud computing environments or hosted by third parties, mobile devices, corporate networks, business networks not connected to the internet and any devices connected to those environments (ICT environment). The Framework shall be based on an all-hazards approach.

3.   The Framework shall ensure a high level of cybersecurity. The Framework shall establish internal cybersecurity policies, including objectives and priorities, for the security of network_and_information_systems, and the roles and responsibilities of the Union entity’s staff tasked with ensuring the effective implementation of this Regulation. The Framework shall also include mechanisms to measure the effectiveness of the implementation.

4.   The Framework shall be reviewed on a regular basis, in light of the changing cybersecurity risks, and at least every four years. Where appropriate and following a request from the Interinstitutional Cybersecurity Board established pursuant to Article 10, a Union entity’s Framework may be updated on the basis of guidance from CERT-EU on incidents identified or possible gaps observed in the implementation of this Regulation.

5.   The highest_level_of_management of each Union entity shall be responsible for the implementation of this Regulation and shall oversee the compliance of its organisation with the obligations related to the Framework.

6.   where appropriate and without prejudice to its responsibility for the implementation of this Regulation, the highest_level_of_management of each Union entity may delegate specific obligations under this Regulation to senior officials within the meaning of Article 29(2) of the Staff Regulations or other officials at equivalent level, within the Union entity concerned. Regardless of any such delegation, the highest_level_of_management may be held liable for infringements of this Regulation by the Union entity concerned.

7.   Each Union entity shall have effective mechanisms in place to ensure that an adequate percentage of the ICT budget is spent on cybersecurity. Due account shall be taken of the Framework when establishing that percentage.

8.   Each Union entity shall appoint a local cybersecurity officer or an equivalent function who shall act as its single point of contact regarding all aspects of cybersecurity. The local cybersecurity officer shall facilitate the implementation of this Regulation and report directly to the highest_level_of_management on a regular basis on the state of the implementation. Without prejudice to the local cybersecurity officer being the single point of contact in each Union entity, a Union entity may delegate certain tasks of the local cybersecurity officer with regard to the implementation of this Regulation to CERT-EU on the basis of a service level agreement concluded between that Union entity and CERT-EU, or those tasks may be shared by several Union_entities. Where those tasks are delegated to CERT-EU, the Interinstitutional Cybersecurity Board established pursuant to Article 10 shall decide whether the provision of that service is to be part of the baseline services of CERT-EU, taking into account the human and financial resources of the Union entity concerned. Each Union entity shall, without undue delay, notify CERT-EU of the local cybersecurity officer appointed and any subsequent change thereto.

CERT-EU shall establish and keep updated a list of appointed local cybersecurity officers.

9.   The senior officials within the meaning of Article 29(2) of the Staff Regulations or other officials at equivalent level of each Union entity, as well as all relevant members of staff tasked with implementing the cybersecurity risk-management measures and with fulfilling obligations laid down in this Regulation, shall follow specific training on a regular basis with a view to gaining sufficient knowledge and skills in order to apprehend and assess cybersecurity risk- and management practices and their impact on the operations of the Union entity.

1.   The IICB shall, pursuant to Article 10(2) and Article 11, effectively monitor the implementation of this Regulation and of adopted guidelines, recommendations and calls for action by the Union_entities. The IICB may request information or documentation necessary for that purpose from the Union_entities. For the purpose of adopting compliance measures under this Article, where the Union entity concerned is directly represented on the IICB, that Union entity shall not have voting rights.

2.   where the IICB finds that a Union entity has not effectively implemented this Regulation or guidelines, recommendations or calls for action issued pursuant thereto, it may, without prejudice to the internal procedures of the Union entity concerned, and after giving an opportunity to the Union entity concerned to present its observations:

(a)	communicate a reasoned opinion to the Union entity concerned with observed gaps in the implementation of this Regulation;

(b)	provide, after consulting CERT-EU, guidelines to the Union entity concerned to ensure that its Framework, cybersecurity risk-management measures, cybersecurity plan and reporting comply with this Regulation within a specified period;

(c)	issue a warning to address identified shortcomings within a specified period, including recommendations to amend measures adopted by the Union entity concerned pursuant to this Regulation;

(d)	issue a reasoned notification to the Union entity concerned, in the event that shortcomings identified in a warning issued pursuant to point (c) were not sufficiently addressed within the specified period;

(e)	issue: (i) a recommendation for an audit to be carried out; or (ii) a request that an audit be performed by a third-party audit service;

(f)	if applicable, inform the Court of Auditors, within the remit of its mandate, of the alleged non-compliance;

(g)	issue a recommendation that all Member States and Union_entities implement a temporary suspension of data flows to the Union entity concerned.

For the purposes of the first subparagraph, point (c), the audience of a warning shall be restricted appropriately, where necessary in view of the cybersecurity risk.

Warnings and recommendations issued pursuant to the first subparagraph shall be directed to the highest_level_of_management of the Union entity concerned.

3.   where the IICB has adopted measures under paragraph 2, first subparagraph, points (a) to (g), the Union entity concerned shall provide details of the measures and actions taken to address the alleged shortcomings identified by the IICB. The Union entity shall submit those details within a reasonable period to be agreed with the IICB.

4.   where the IICB considers that there is persistent infringement of this Regulation by a Union entity resulting directly from actions or omissions of an official or other servant of the Union, including at the highest_level_of_management, the IICB shall request that the Union entity concerned take appropriate action, including requesting it to consider taking action of a disciplinary nature, in accordance with the rules and procedures laid down in the Staff Regulations and any other applicable rules and procedures. To that end, the IICB shall transfer the necessary information to the Union entity concerned.

5.   where Union_entities notify that they are unable to meet the deadlines set out in Article 6(1) and Article 8(1), the IICB may, in duly substantiated cases, taking into account the size of the Union entity, authorise the extension of those deadlines.

1.   CERT-EU shall, without undue delay, cooperate and exchange information with Member State counterparts, in particular the CSIRTs designated or established pursuant to Article 10 of Directive (EU) 2022/2555, or, where applicable, the competent authorities and single points of contact designated or established pursuant to Article 8 of that Directive, with regard to incidents, cyber_threats, vulnerabilities, near_misses, possible countermeasures as well as best practices and on all matters relevant for improving the protection of the ICT environments of Union_entities, including by means of the CSIRTs network established pursuant to Article 15 of Directive (EU) 2022/2555. CERT-EU shall support the Commission in EU-CyCLONe established pursuant to Article 16 of Directive (EU) 2022/2555 on the coordinated management of large-scale cybersecurity incidents and crises.

2.   where CERT-EU becomes aware of a significant incident occurring within the territory of a Member State, it shall, without delay, notify any relevant counterpart in that Member State, in accordance with paragraph 1.

3.   Provided that personal data are protected in accordance with applicable Union data protection law, CERT-EU shall, without undue delay, exchange relevant incident-specific information with Member State counterparts to facilitate detection of similar cyber_threats or incidents, or to contribute to the analysis of an incident, without the authorisation of the Union entity affected. CERT-EU shall exchange incident-specific information which reveals the identity of the target of the incident only in the event of one of the following:

(a)	the Union entity affected consents;

(b)	the Union entity affected does not consent as provided for in point (a) but the disclosure of the identity of the Union entity affected would increase the probability that incidents elsewhere would be avoided or mitigated;

(c)	the Union entity affected has already made public that it was affected.

Decisions to exchange incident-specific information which reveals the identity of the target of the incident pursuant to the first subparagraph, point (b), shall be endorsed by the Head of CERT-EU. Prior to issuing such a decision, CERT-EU shall contact the Union entity affected in writing, explaining clearly how the disclosure of its identity would help to avoid or mitigate incidents elsewhere. The Head of CERT-EU shall provide the explanation and explicitly request the Union entity to state whether it consents within a set timeframe. The Head of CERT-EU shall also inform the Union entity that, in light of the explanation provided, he or she reserves the right to disclose the information even in the absence of consent. The Union entity affected shall be informed before the information is disclosed.

1.   An incident shall be considered to be significant if:

(a)	it has caused or is capable of causing severe operational disruption to the functioning of, or financial loss to, the Union entity concerned;

(b)	it has affected or is capable of affecting other natural or legal persons by causing considerable material or non-material damage.

2.    Union_entities shall submit to CERT-EU:

(a)

without undue delay and in any event within 24 hours of becoming aware of the significant incident, an early warning, which, where applicable, shall indicate that the significant incident is suspected of being caused by unlawful or malicious acts or could have a cross-entity or a cross-border impact;

(b)

without undue delay and in any event within 72 hours of becoming aware of the significant incident, an incident notification, which, where applicable, shall update the information referred to in point (a) and indicate an initial assessment of the significant incident, including its severity and impact, as well as, where available, the indicators of compromise;

(c)	upon the request of CERT-EU, an intermediate report on relevant status updates;

(d)

a final report not later than one month after the submission of the incident notification under point (b), including the following: (i) a detailed description of the incident, including its severity and impact; (ii) the type of threat or root cause that is likely to have triggered the incident; (iii) applied and ongoing mitigation measures; (iv) where applicable, the cross-border or cross-entity impact of the incident;

(e)	in the event of an ongoing incident at the time of the submission of the final report referred to in point (d), a progress report at that time and a final report within one month of their handling of the incident.

3.   A Union entity shall, without undue delay and in any event within 24 hours of becoming aware of a significant incident, inform any relevant Member State counterparts referred to in Article 17(1) in the Member State where it is located that a significant incident has occurred.

4.   The Union_entities shall notify, inter alia, any information enabling CERT-EU to determine any cross-entity impact, impact on the hosting Member State or cross-border impact following a significant incident. Without prejudice to Article 12, the mere act of notification shall not subject the Union entity to increased liability.

5.   where applicable, Union_entities shall communicate, without undue delay, to the users of the network_and_information_systems affected, or of other components of the ICT environment, that are potentially affected by a significant incident or a significant cyber_threat, and, where appropriate, need to take mitigating measures, any measures or remedies that they can take in response to that incident or that threat. Where appropriate, Union_entities shall inform those users of the significant cyber_threat itself.

6.   where a significant incident or significant cyber_threat affects a network_and_information_system, or a component of a Union entity’s ICT environment that is knowingly connected with another Union entity’s ICT environment, CERT-EU shall issue a relevant cybersecurity alert.

7.   The Union_entities, upon the request of CERT-EU, shall, without undue delay, provide CERT-EU with digital information created by the use of electronic devices involved in their respective incidents. CERT-EU may provide further details of the types of information that it requires for situational awareness and incident response.

8.   CERT-EU shall submit to the IICB, ENISA, the EU INTCEN and the CSIRTs network, every three months, a summary report including anonymised and aggregated data on significant incidents, incidents, cyber_threats, near_misses and vulnerabilities pursuant to Article 20 and significant incidents notified pursuant to paragraph 2 of this Article. The summary report shall constitute an input to the biennial report on the state of cybersecurity in the Union adopted pursuant to Article 18 of Directive (EU) 2022/2555.

9.   By 8 July 2024, the IICB shall issue guidelines or recommendations further specifying the arrangements for, and format and content of, the reporting pursuant to this Article. When preparing such guidelines or recommendations, the IICB shall take into account any implementing acts adopted pursuant to Article 23(11) of Directive (EU) 2022/2555 specifying the type of information, the format and the procedure of notifications. CERT-EU shall disseminate the appropriate technical details to enable proactive detection, incident response or mitigating measures by Union_entities.

10.   The reporting obligations laid down in this Article shall not extend to:

(a)

EUCI;

(b)	information the further distribution of which has been excluded by means of a visible marking, unless the sharing thereof with CERT-EU has been explicitly allowed.