Source: OJ L 333, 27.12.2022, p. 80–152
Recital 101 Multi-stage incident reporting approach
This Directive lays down a multiple-stage approach to the reporting of significant incidentsmeans an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; in order to strike the right balance between, on the one hand, swift reporting that helps mitigate the potential spread of significant incidentsmeans an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; and allows essential and important 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; to seek assistance, and, on the other, in-depth reporting that draws valuable lessons from individual incidentsmeans an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; and improves over time the cyber resilience of individual 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; and entire sectors. In that regard, this Directive should include the reporting of incidentsmeans an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; that, based on an initial assessment carried out by the entitymeans 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, could cause severe operational disruption of the services or financial loss for that entitymeans 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; or affect other natural or legal persons by causing considerable material or non-material damage. Such initial assessment should take into account, inter alia, the affected 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;, in particular their importance in the provision of the entitymeans 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;’s services, the severity and technical characteristics of a cyber threatmeans a cyber threat as defined in Article 2, point (8), of Regulation (EU) 2019/881; and any underlying vulnerabilitiesmeans a weakness, susceptibility or flaw of ICT products or ICT services that can be exploited by a cyber threat; that are being exploited as well as the entitymeans 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;’s experience with similar incidentsmeans an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems;. Indicators such as the extent to which the functioning of the service is affected, the duration of an incidentmeans an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; or the number of affected recipients of services could play an important role in identifying whether the operational disruption of the service is severe.