keyboard_tab Cyber Resilience Act 2023/2841 EN

1.   Without undue delay and in any event by 8 September 2025, each Union entity shall, under the oversight of its highest_level_of_management, take appropriate and proportionate technical, operational and organisational measures to manage the cybersecurity risks identified under the Framework, and to prevent or minimise the impact of incidents. Taking into account the state of the art and, where applicable, relevant European and international standards, those measures shall ensure a level of security of network_and_information_systems across the entirety of the ICT environment commensurate to the cybersecurity risks posed. When assessing the proportionality of those measures, due account shall be taken of the degree of the Union entity’s exposure to cybersecurity risks, its size and the likelihood of occurrence of incidents and their severity, including their societal, economic and interinstitutional impact.

2.    Union_entities shall address at least the following domains in the implementation of the cybersecurity risk-management measures:

(a)	cybersecurity policy, including measures needed to reach objectives and priorities referred to in Article 6 and paragraph 3 of this Article;

(b)	policies on cybersecurity risk analysis and information system security;

(c)	policy objectives regarding the use of cloud_computing_services;

(d)	cybersecurity audit, where appropriate, which may include a cybersecurity risk, vulnerability and cyber_threat assessment, and penetration testing carried out by a trusted private provider on a regular basis;

(e)	implementation of recommendations resulting from cybersecurity audits referred to in point (d) through cybersecurity and policy updates;

(f)	organisation of cybersecurity, including establishment of roles and responsibilities;

(g)	asset management, including ICT asset inventory and ICT network cartography;

(h)	human resources security and access control;

(i)	operations security;

(j)	communications security;

(k)	system acquisition, development and maintenance, including policies on vulnerability handling and disclosure;

(l)	where possible, policies on the transparency of the source code;

(m)	supply chain security, including security-related aspects concerning the relationships between each Union entity and its direct suppliers or service providers;

(n)	incident handling and cooperation with CERT-EU, such as the maintenance of security monitoring and logging;

(o)	business continuity management, such as backup management and disaster recovery, and crisis management; and

(p)	promotion and development of cybersecurity education, skills, awareness-raising, exercise and training programmes.

For the purposes of the first subparagraph, point (m), Union_entities shall take into account the vulnerabilities specific to each direct supplier and service provider and the overall quality of products and cybersecurity practices of their suppliers and service providers, including their secure development procedures.

3.    Union_entities shall take at least the following specific cybersecurity risk-management measures:

(a)	technical arrangements to enable and sustain teleworking;

(b)	concrete steps for moving towards zero-trust principles;

(c)	the use of multifactor authentication as a norm across network_and_information_systems;

(d)	the use of cryptography and encryption, in particular end-to-end encryption, as well as secure digital signing;

(e)	where appropriate, secured voice, video and text communications, and secured emergency communications systems within the Union entity;

(f)	proactive measures for detection and removal of malware and spyware;

(g)	the establishment of software supply chain security through criteria for secure software development and evaluation;

(h)	the establishment and adoption of training programmes on cybersecurity commensurate to the prescribed tasks and expected capabilities for the highest_level_of_management and members of staff of the Union entity tasked with ensuring the effective implementation of this Regulation;

(i)	regular cybersecurity training of staff members;

(j)	where relevant, participation in interconnectivity risk analyses between the Union_entities;

(k)

the enhancement of procurement rules to facilitate a high common level of cybersecurity through: (i) the removal of contractual barriers that limit information sharing from ICT service providers about incidents, vulnerabilities and cyber_threats with CERT-EU; (ii) contractual obligations to report incidents, vulnerabilities and cyber_threats as well as to have appropriate incident response and monitoring mechanisms in place.

1.   An Interinstitutional Cybersecurity Board (IICB) is hereby established.

2.   The IICB shall be responsible for:

(a)	monitoring and supporting the implementation of this Regulation by the Union_entities;

(b)	supervising the implementation of general priorities and objectives by CERT-EU and providing strategic direction to CERT-EU.

3.   The IICB shall consist of:

(a)

one representative designated by each of the following: (i) the European Parliament; (ii) the European Council; (iii) the Council of the European Union; (iv) the Commission; (v) the Court of Justice of the European Union; (vi) the European Central Bank; (vii) the Court of Auditors; (viii) the European External Action Service; (ix) the European Economic and Social Committee; (x) the European Committee of the Regions; (xi) the European Investment Bank; (xii) the European Cybersecurity Industrial, Technology and Research Competence Centre; (xiii) ENISA; (xiv) the European Data Protection Supervisor (EDPS); (xv) the European Union Agency for the Space Programme.

(b)	three representatives designated by the EU Agencies Network (EUAN) on the basis of a proposal by its ICT Advisory Committee to represent the interests of the bodies, offices and agencies of the Union that run their own ICT environment, other than those referred to in point (a).

The Union_entities represented on the IICB shall aim to achieve gender balance among the designated representatives.

4.   Members of the IICB may be assisted by an alternate. Other representatives of the Union_entities referred to in paragraph 3 or of other Union_entities may be invited by the Chair to attend IICB meetings without voting power.

5.   The Head of CERT-EU and the Chairs of the Cooperation Group, the CSIRTs network and EU-CyCLONe established, respectively, pursuant to Articles 14, 15 and 16 of Directive (EU) 2022/2555, or their alternates, may participate in IICB meetings as observers. In exceptional cases, the IICB may, in accordance with its internal rules of procedure, decide otherwise.

6.   The IICB shall adopt its internal rules of procedure.

7.   The IICB shall designate a Chair in accordance with its internal rules of procedure, from among its members for a period of three years. The Chair’s alternate shall become a full member of the IICB for the same duration.

8.   The IICB shall meet at least three times a year at the initiative of its Chair, at the request of CERT-EU or at the request of any of its members.

9.   Each member of the IICB shall have one vote. The IICB’s decisions shall be taken by simple majority except where otherwise provided for in this Regulation. The Chair of the IICB shall not have a vote except in the event of a tied vote, in which case the Chair may cast a deciding vote.

10.   The IICB may act by means of a simplified written procedure initiated in accordance with its internal rules of procedure. Under that procedure, the relevant decision shall be deemed to be approved within the timeframe set by the Chair, except where a member objects.

11.   The secretariat of the IICB shall be provided by the Commission and shall be accountable to the Chair of the IICB.

12.   The representatives nominated by the EUAN shall relay the IICB’s decisions to the members of the EUAN. Any member of the EUAN shall be entitled to raise with those representatives or the Chair of the IICB any matter which it considers should be brought to the IICB’s attention.

13.   The IICB may establish an executive committee to assist it in its work, and delegate some of its tasks and powers to it. The IICB shall lay down the rules of procedure of the executive committee, including its tasks and powers, and the terms of office of its members.

14.   By 8 January 2025 and on an annual basis thereafter, the IICB shall submit a report to the European Parliament and to the Council detailing progress made with the implementation of this Regulation and specifying in particular the extent of cooperation of CERT-EU with Member State counterparts in each of the Member States. The 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.

1.   CERT-EU’s mission shall be to contribute to the security of the unclassified ICT environment of Union_entities by advising them on cybersecurity, by helping them to prevent, detect, handle, mitigate, respond to and recover from incidents and by acting as their cybersecurity information exchange and incident response coordination hub.

2.   CERT-EU shall collect, manage, analyse and share information with the Union_entities on cyber_threats, vulnerabilities and incidents in unclassified ICT infrastructure. It shall coordinate responses to incidents at interinstitutional and Union entity level, including by providing or coordinating the provision of specialised operational assistance.

3.   CERT-EU shall carry out the following tasks to assist the Union_entities:

(a)	support them with the implementation of this Regulation and contribute to the coordination of the implementation of this Regulation through the measures listed in Article 14(1) or through ad-hoc reports requested by the IICB;

(b)	offer standard CSIRT services for Union_entities by means of a package of cybersecurity services described in its service catalogue (baseline services);

(c)	maintain a network of peers and partners to support the services as outlined in Articles 17 and 18;

(d)	bring to the attention of the IICB any problems relating to the implementation of this Regulation and the implementation of guidelines, recommendations and calls for action;

(e)	on the basis of the information referred to in paragraph 2, contribute to the Union cyber situational awareness in close cooperation with ENISA;

(f)	coordinate the management of major incidents;

(g)	act on the part of Union_entities as the equivalent of the coordinator designated for the purposes of coordinated vulnerability disclosure pursuant to Article 12(1) of Directive (EU) 2022/2555;

(h)	provide, upon the request of a Union entity, proactive non-intrusive scanning of publicly accessible network_and_information_systems of that Union entity.

The information referred to in the first subparagraph, point (e), shall be shared with the IICB, the CSIRTs network and the European Union Intelligence and Situation Centre (EU INTCEN), where applicable and appropriate, and subject to appropriate confidentiality conditions.

4.   CERT-EU may, in accordance with Article 17 or 18 as appropriate, cooperate with relevant cybersecurity communities within the Union and its Member States, including in the following areas:

(a)	preparedness, incident coordination, information exchange and crisis response at the technical level on cases linked to Union_entities;

(b)	operational cooperation regarding the CSIRTs network, including with regard to mutual assistance;

(c)	cyber_threat intelligence, including situational awareness;

(d)	on any topic requiring CERT-EU’s technical cybersecurity expertise.

5.   Within its competence, CERT-EU shall engage in structured cooperation with ENISA on capacity building, operational cooperation and long-term strategic analyses of cyber_threats in accordance with Regulation (EU) 2019/881. CERT-EU may cooperate and exchange information with Europol’s European Cybercrime Centre.

6.   CERT-EU may provide the following services not described in its service catalogue (chargeable services):

(a)

services that support the cybersecurity of Union_entities’ ICT environment, other than those referred to in paragraph 3, on the basis of service level agreements and subject to available resources, in particular broad-spectrum network monitoring, including first-line 24/7 monitoring for high-severity cyber_threats;

(b)	services that support cybersecurity operations or projects of Union_entities, other than those to protect their ICT environment, on the basis of written agreements and with the prior approval of the IICB;

(c)	upon request, a proactive scanning of the network_and_information_systems of the Union entity concerned to detect vulnerabilities with a potential significant impact;

(d)

services that support the security of their ICT environment to organisations other than the Union_entities that cooperate closely with Union_entities, for instance by having tasks or responsibilities conferred under Union law, on the basis of written agreements and with the prior approval of the IICB.

With regard to the first subparagraph, point (d), CERT-EU may, on an exceptional basis, enter into service level agreements with entities other than the Union_entities with the prior approval of the IICB.

7.   CERT-EU shall organise and may participate in cybersecurity exercises or recommend participation in existing exercises, where applicable in close cooperation with ENISA, to test the level of cybersecurity of the Union_entities.

8.   CERT-EU may provide assistance to Union_entities regarding incidents in network_and_information_systems handling EUCI where it is explicitly requested to do so by the Union_entities concerned in accordance with their respective procedures. The provision of assistance by CERT-EU under this paragraph shall be without prejudice to applicable rules concerning the protection of classified information.

9.   CERT-EU shall inform Union_entities about its incident handling procedures and processes.

10.   CERT-EU shall contribute, with a high level of confidentiality and reliability, via the appropriate cooperation mechanisms and reporting lines, relevant and anonymised information about major incidents and the manner in which they were handled. That information shall be included in the report referred to in Article 10(14).

11.   CERT-EU shall, in cooperation with the EDPS, support the Union_entities concerned when addressing incidents resulting in personal data breaches, without prejudice to the competence and tasks of the EDPS as a supervisory authority under Regulation (EU) 2018/1725.

12.   CERT-EU may, if expressly requested by Union_entities’ policy departments, provide technical advice or input on relevant policy matters.

1.   CERT-EU shall support the implementation of this Regulation by issuing:

(a)	calls for action describing urgent security measures that Union_entities are urged to take within a set timeframe;

(b)	proposals to the IICB for guidelines addressed to all or a subset of the Union_entities;

(c)	proposals to the IICB for recommendations addressed to individual Union_entities.

With regard to the first subparagraph, point (a), the Union entity concerned shall, without undue delay after receiving the call for action, inform CERT-EU of how the urgent security measures were applied.

2.   Guidelines and recommendations may include:

(a)

common methodologies and a model for assessing the cybersecurity maturity of the Union_entities, including the corresponding scales or KPIs, serving as reference in support of continuous cybersecurity improvement across the Union_entities and facilitating the prioritisation of cybersecurity domains and measures taking into account entities’ cybersecurity posture;

(b)	arrangements for or improvements to cybersecurity risk management and the cybersecurity risk-management measures;

(c)	arrangements for cybersecurity maturity assessments and cybersecurity plans;

(d)	where appropriate, the use of common technology, architecture, open source and associated best practices with the aim of achieving interoperability and common standards, including a coordinated approach to supply chain security;

(e)	where appropriate, information to facilitate the use of common procurement instruments for the purchasing of relevant cybersecurity services and products from third-party suppliers;

(f)	information-sharing arrangements pursuant to Article 20.

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.   CERT-EU may cooperate with counterparts in the Union other than those referred to in Article 17 which are subject to Union cybersecurity requirements, including industry sector-specific counterparts, on tools and methods, such as techniques, tactics, procedures and best practices, and on cyber_threats and vulnerabilities. For all cooperation with such counterparts, CERT-EU shall seek prior approval from the IICB on a case-by-case basis. Where CERT-EU establishes cooperation with such counterparts, it shall inform any relevant Member State counterparts referred to in Article 17(1), in the Member State in which the counterpart is located. Where applicable and appropriate, such cooperation and the conditions thereof, including regarding cybersecurity, data protection and information handling, shall be established in specific confidentiality arrangements such as contracts or administrative arrangements. The confidentiality arrangements shall not require prior approval by the IICB, but the Chair of the IICB shall be informed. In the case of an urgent and imminent need to exchange cybersecurity information in the interests of Union_entities or another party, CERT-EU may do so with an entity whose specific competence, capacity and expertise are justifiably required to assist with such an urgent and imminent need, even if CERT-EU does not have a confidentiality arrangement in place with that entity. In such cases, CERT-EU shall immediately inform the Chair of the IICB, and shall report to the IICB by means of regular reports or meetings.

2.   CERT-EU may cooperate with partners, such as commercial entities, including industry sector-specific entities, international organisations, non-Union national entities or individual experts, to gather information on general and specific cyber_threats, near_misses, vulnerabilities and possible countermeasures. For wider cooperation with such partners, CERT-EU shall seek prior approval from the IICB on a case-by-case basis.

3.   CERT-EU may, with the consent of the Union entity affected by an incident and provided that a non-disclosure arrangement or contract is in place with the relevant counterpart or partner, provide information related to the specific incident to counterparts or partners referred to in paragraphs 1 and 2 solely for the purpose of contributing to its analysis.