Source: OJ L 2024/2847, 20.11.2024
ENRecital 70 Delayed dissemination of notifications
In exceptional circumstances and in particular upon request by the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge;, the CSIRT designated as coordinator means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. initially receiving a notification should be able to decide to delay its dissemination to the other relevant CSIRTs designated as coordinators means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. via the single reporting platform where this can be justified on cybersecurity-related grounds and for a period of time that is strictly necessary. The CSIRT designated as coordinator means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. should immediately inform ENISA about the decision to delay and on which grounds, as well as when it intends to disseminate further. The Commission should develop, through a delegated act, specifications on the terms and conditions for when cybersecurity-related grounds could be applied and should cooperate with the CSIRTscomputer security incident response teams network established pursuant to Article 15 of Directive (EU) 2022/2555, and ENISA in preparing the draft delegated act. Examples of cybersecurity-related grounds include an ongoing coordinated vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; disclosure procedure or situations in which a manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; is expected to provide a mitigating measure shortly and the cybersecurity risks means 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; of an immediate dissemination via the single reporting platform outweigh its benefits. If requested by the CSIRT designated as coordinator means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555., ENISA should be able to support that CSIRT on the application of cybersecurity-related grounds in relation to delaying the dissemination of the notification based on the information ENISA has received from that CSIRT on the decision to withhold a notification on those cybersecurity-related grounds. Furthermore, in particularly exceptional circumstances, ENISA should not receive all the details of a notification of an actively exploited vulnerability means a vulnerability for which there is reliable evidence that a malicious actor has exploited it in a system without permission of the system owner; in a simultaneous manner. This would be the case when the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; marks in its notification that the notified vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; has been actively exploited by a malicious actor and that, according to the information available, it has been exploited in no other Member State than the one of the CSIRT designated as coordinator means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. to which the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; has notified the vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat;, when any immediate further dissemination of the notified vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; would likely result in the supply of information the disclosure of which would be contrary to the essential interests of that Member State, or when the notified vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; poses an imminent high cybersecurity risk means 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; stemming from the further dissemination. In such cases, ENISA will only receive simultaneous access to the information that a notification was made by the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge;, general information about the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; concerned, the information about the general nature of the exploit and information about the fact that those security grounds were raised by the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; and that the full content of the notification is therefore withheld. The full notification should then be made available to ENISA and other relevant CSIRTs designated as coordinators means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. when the CSIRT designated as coordinator means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. initially receiving the notification finds that those security grounds, reflecting particularly exceptional circumstances as established in this Regulation, cease to exist. Where, based on the information available, ENISA considers that there is a systemic risk means 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; affecting the security of the internal market, ENISA should recommend to the recipient CSIRT to disseminate the full notification to the other CSIRTs designated as coordinators means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. and to ENISA itself.