Source: OJ L 333, 27.12.2022, p. 80–152
- High common level of cybersecurity for entities
Basic legislative acts
- NIS 2 directive
Article 12 Coordinated vulnerability disclosure and a European vulnerability database
Each Member State shall designate one of its CSIRTs as a coordinator for the purposes of coordinated vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; disclosure. The CSIRT designated as coordinator shall act as a trusted intermediary, facilitating, where necessary, the interaction between the natural or legal person reporting a vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; and the manufacturer or provider of the potentially vulnerable ICT productsmeans an ICT product as defined in Article 2, point (12), of Regulation (EU) 2019/881; or ICT servicesmeans an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881;, upon the request of either party. The tasks of the CSIRT designated as coordinator shall include:
identifying and contacting the entitiesmeans a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; concerned;
assisting the natural or legal persons reporting a vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat;; and
negotiating disclosure timelines and managing vulnerabilitiesmeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; that affect multiple entitiesmeans a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;.
Member States shall ensure that natural or legal persons are able to report, anonymously where they so request, a vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; to the CSIRT designated as coordinator. The CSIRT designated as coordinator shall ensure that diligent follow-up action is carried out with regard to the reported vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; and shall ensure the anonymity of the natural or legal person reporting the vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat;. Where a reported vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; could have a significant impact on entitiesmeans a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; in more than one Member State, the CSIRT designated as coordinator of each Member State concerned shall, where appropriate, cooperate with other CSIRTs designated as coordinators within the CSIRTs network.
ENISA shall develop and maintain, after consulting the Cooperation Group, a European vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; database. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures, and shall adopt the necessary technical and organisational measures to ensure the security and integrity of the European vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; database, with a view in particular to enabling entitiesmeans a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;, regardless of whether they fall within the scope of this Directive, and their suppliers of network and information systemsmeans:an electronic communications network as defined in Article 2, point (1), of Directive (EU) 2018/1972;any device or group of interconnected or related devices, one or more of which, pursuant to a programme, carry out automatic processing of digital data; ordigital data stored, processed, retrieved or transmitted by elements covered under points (a) and (b) for the purposes of their operation, use, protection and maintenance;, to disclose and register, on a voluntary basis, publicly known vulnerabilitiesmeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; in ICT productsmeans an ICT product as defined in Article 2, point (12), of Regulation (EU) 2019/881; or ICT servicesmeans an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881;. All stakeholders shall be provided access to the information about the vulnerabilitiesmeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; contained in the European vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; database. That database shall include:
information describing the vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat;;
the affected ICT productsmeans an ICT product as defined in Article 2, point (12), of Regulation (EU) 2019/881; or ICT servicesmeans an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881; and the severity of the vulnerabilitymeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; in terms of the circumstances under which it may be exploited;
the availability of related patches and, in the absence of available patches, guidance provided by the competent authorities or the CSIRTs addressed to users of vulnerable ICT productsmeans an ICT product as defined in Article 2, point (12), of Regulation (EU) 2019/881; and ICT servicesmeans an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881; as to how the risksmeans the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; resulting from disclosed vulnerabilitiesmeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; can be mitigated.
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