keyboard_tab Cyber Resilience Act 2023/2841 EN
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- 3 Art. 4 processing of personal data
- 2 Art. 20 Cybersecurity information-sharing arrangements
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
MEASURES FOR A HIGH COMMON LEVEL OF CYBERSECURITY
CHAPTER III
INTERINSTITUTIONAL CYBERSECURITY BOARD
CHAPTER IV
CERT-EU
CHAPTER V
COOPERATION AND REPORTING OBLIGATIONS
CHAPTER VI
FINAL PROVISIONS
- Union entities
- network and information system
- security of network and information systems
- cybersecurity
- highest level of management
- near miss
- incident
- major incident
- large-scale cybersecurity incident
- incident handling
- cyber threat
- significant cyber threat
- vulnerability
- cybersecurity risk
- cloud computing service
- european 24
- article 16
- shall 14
- no / 14
- council 13
- cybersecurity 13
- union 12
- regulation 12
- cert-eu 12
- pursuant 11
- information 11
- parliament 11
- data 10
- eu / 8
- union_entities 8
- processing 7
- measures 6
- oj l 6
- personal 6
- sharing 5
- entity 5
- obligations 5
- regulation 5
- provide 4
- the 4
- incidents 4
- applicable 4
- repealing 4
- decision 4
- notifications 3
- high 3
- upon 3
- tasks 3
- which 3
- been 3
- commission 3
- request 3
- necessary 3
- level 3
- response 3
- directive 3
- special 3
- voluntary 3
- december 3
- agencies 2
- oj c 2
- bodies 2
- means 2
- euratom 2
- institutions 2
Article 4
processing of personal data
1. The processing of personal data under this Regulation by CERT-EU, the Interinstitutional Cybersecurity Board established pursuant to Article 10 and Union_entities shall be carried out in accordance with Regulation (EU) 2018/1725.
2. Where they perform tasks or fulfil obligations pursuant to this Regulation, CERT-EU, the Interinstitutional Cybersecurity Board established pursuant to Article 10 and Union_entities shall process and exchange personal data only to the extent necessary and for the sole purpose of performing those tasks or fulfilling those obligations.
3. The processing of special categories of personal data as referred to in Article 10(1) of Regulation (EU) 2018/1725 shall be considered to be necessary for reasons of substantial public interest pursuant to Article 10(2), point (g), of that Regulation. Such data may be processed only to the extent necessary for the implementation of cybersecurity risk-management measures referred to in Articles 6 and 8, for the provision of services by CERT-EU pursuant to Article 13, for the sharing of incident-specific information pursuant to Article 17(3) and Article 18(3), for the sharing of information pursuant Article 20, for the reporting obligations pursuant to Article 21, for incident response coordination and cooperation pursuant to Article 22 and for the management of major incidents pursuant to Article 23 of this Regulation. The Union_entities and CERT-EU, when acting as data controllers, shall apply technical measures to prevent the processing of special categories of personal data for other purposes and shall provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subjects.
CHAPTER II
MEASURES FOR A HIGH COMMON LEVEL OF CYBERSECURITY
Article 20
Cybersecurity information-sharing arrangements
1. Union_entities may, on a voluntary basis, notify CERT-EU of, and provide it with information on, incidents, cyber_threats, near_misses and vulnerabilities that affect them. CERT-EU shall ensure that efficient means of communication, with a high level of traceability, confidentiality and reliability, are available for the purpose of facilitating information sharing with the Union_entities. When processing notifications, CERT-EU may prioritise the processing of mandatory notifications over voluntary notifications. Without prejudice to Article 12, voluntary notification shall not result in the imposition of any additional obligations upon the reporting Union entity to which it would not have been subject had it not submitted the notification.
2. To perform its mission and tasks conferred pursuant to Article 13, CERT-EU may request Union_entities to provide it with information from their respective ICT system inventories, including information relating to cyber_threats, near_misses, vulnerabilities, indicators of compromise, cybersecurity alerts and recommendations regarding configuration of cybersecurity tools to detect incidents. The requested Union entity shall transmit the requested information, and any subsequent updates thereto, without undue delay.
3. CERT-EU may exchange incident-specific information with Union_entities which reveals the identity of the Union entity affected by the incident, provided that the Union entity affected consents. Where a Union entity withholds its consent, it shall provide CERT-EU with reasons substantiating that decision.
4. Union_entities shall, upon request, share information with the European Parliament and the Council on the completion of cybersecurity plans.
5. The IICB or CERT-EU, as applicable, shall, upon request, share guidelines, recommendations and calls for action with the European Parliament and the Council.
6. The sharing 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. |
Article 26
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 13 December 2023.
For the European Parliament
The President
R. METSOLA
For the Council
The President
P. NAVARRO RÍOS
(1) Position of the European Parliament of 21 November 2023 (not yet published in the Official Journal) and decision of the Council of 8 December 2023.
(2) Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, p. 80).
(3) Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 15).
(4) Arrangement between the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European External Action Service, the European Economic and Social Committee, the European Committee of the Regions and the European Investment Bank on the organisation and operation of a computer emergency response team for the Union’s institutions, bodies and agencies (CERT-EU) (OJ C 12, 13.1.2018, p. 1).
(5) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
(6) Commission Recommendation (EU) 2017/1584 of 13 September 2017 on coordinated response to large-scale cybersecurity incidents and crises (OJ L 239, 19.9.2017, p. 36).
(7) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(8) OJ C 258, 5.7.2022, p. 10.
(9) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(10) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
ELI: http://data.europa.eu/eli/reg/2023/2841/oj
ISSN 1977-0677 (electronic edition)