keyboard_tab Cyber Resilience Act 2023/2841 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Art. 4 Processing of personal data
- 1 Art. 12 Compliance
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
- union 18
- article 17
- entity 17
- pursuant 15
- shall 13
- regulation 12
- concerned 12
- iicb 11
- measures 9
- data 9
- cybersecurity 7
- union_entities 7
- necessary 6
- cert-eu 6
- where 5
- within 5
- personal 5
- period 4
- information 4
- processing 4
- recommendations 4
- action 4
- including 3
- audit 3
- adopted 3
- guidelines 3
- request 3
- shortcomings 3
- specified 3
- identified 3
- warning 3
- subparagraph 3
- issued 3
- first 3
- procedures 3
- point 3
- issue 3
- implementation 3
- provide 3
- purpose 3
- obligations 3
- the 3
- under 3
- chapter 2
- details 2
- compliance 2
- categories 2
- effectively 2
- highest_level_of_management 2
- special 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 12
Compliance
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:
|
| (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.
CHAPTER IV
CERT-EU
whereas