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
- 3 Art. 17 Cooperation of CERT-EU with Member State counterparts
- 1 Art. 20 Cybersecurity information-sharing arrangements
- 1 Art. 23 Management of major incidents
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
- shall 23
- information 17
- cert-eu 17
- union 15
- entity 14
- incidents 14
- article 13
- union_entities 11
- affected 10
- management 9
- pursuant 8
- major 8
- incident 7
- without 7
- exchange 6
- member 6
- state 6
- identity 5
- cybersecurity 5
- would 5
- crisis 5
- relevant 5
- which 5
- directive 5
- established 5
- incident-specific 4
- cyber_threats 4
- delay 4
- cyber 4
- provide 4
- the 4
- sharing 4
- iicb 4
- eu / 4
- request 4
- consent 3
- consents 3
- voluntary 3
- level 3
- point 3
- among 3
- upon 3
- been 3
- available 3
- contribute 3
- head 3
- plan 3
- within 3
- notifications 3
- technical 3
Article 17
Cooperation of CERT-EU with Member State counterparts
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.
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 23
Management of major incidents
1. In order to support at operational level the coordinated management of major incidents affecting Union_entities and to contribute to the regular exchange of relevant information among Union_entities and with Member States, the IICB shall, pursuant to Article 11, point (q), establish a cyber crisis management plan based on the activities referred to in Article 22(2), in close cooperation with CERT-EU and ENISA. The cyber crisis management plan shall include at least the following elements:
| (a) | arrangements concerning coordination and information flow among Union_entities for the management of major incidents at operational level; |
| (b) | common standard operating procedures (SOPs); |
| (c) | a common taxonomy of major incident severity and crisis triggering points; |
| (d) | regular exercises; |
| (e) | secure communication channels that are to be used. |
2. The Commission representative in the IICB shall, subject to the cyber crisis management plan established pursuant to paragraph 1 of this Article and without prejudice to Article 16(2), first subparagraph, of Directive (EU) 2022/2555, be the point of contact for the sharing of relevant information in relation to major incidents with EU-CyCLONe.
3. CERT-EU shall coordinate among the Union_entities the management of major incidents. It shall maintain an inventory of the available technical expertise that would be needed for incident response in the event of major incidents and assist the IICB in coordinating Union_entities’ cyber crisis management plans for major incidents referred to in Article 9(2).
4. The Union_entities shall contribute to the inventory of technical expertise by providing an annually updated list of experts available within their respective organisations detailing their specific technical skills.
CHAPTER VI
FINAL PROVISIONS
whereas