Article 9 Protection and prevention

    1. For the purposes of adequately protecting ICT systems and with a view to organising response measures, financial entitiesas defined in Article 2, points (a) to (t) shall continuously monitor and control the security and functioning of ICT systems and tools and shall minimise the impact of ICT risk means any reasonably identifiable circumstance in relation to the use of network and information systems which, if materialised, may compromise the security of the network and information systems, of any technology dependent tool or process, of operations and processes, or of the provision of services by producing adverse effects in the digital or physical environment; on ICT systems through the deployment of appropriate ICT security tools, policies and procedures.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    1. Financial entitiesas defined in Article 2, points (a) to (t) shall design, procure and implement ICT security policies, procedures, protocols and tools that aim to ensure the resilience, continuity and availability of ICT systems, in particular for those supporting critical or important functions means a function, the disruption of which would materially impair the financial performance of a financial entity, or the soundness or continuity of its services and activities, or the discontinued, defective or failed performance of that function would materially impair the continuing compliance of a financial entity with the conditions and obligations of its authorisation, or with its other obligations under applicable financial services law;, and to maintain high standards means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (^29^); Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). of availability, authenticity, integrity and confidentiality of data, whether at rest, in use or in transit.

    COIF Paragraph has special considerations for 'critical or important functions' as defined by Article 3 point 22.
    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    RTS Paragraph is expanded on in a regulatory technical standard.
    1. In order to achieve the objectives referred to in paragraph 2, financial entitiesas defined in Article 2, points (a) to (t) shall use ICT solutions and processes that are appropriate in accordance with Article 4. Those ICT solutions and processes shall:

      1. ensure the security of the means of transfer of data;

      2. minimise the 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; of corruption or loss of data, unauthorised access and technical flaws that may hinder business activity;

      3. prevent the lack of availability, the impairment of the authenticity and integrity, the breaches of confidentiality and the loss of data;

      4. ensure that data is protected from 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; arising from data management, including poor administration, processing-related 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; and human error.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    1. As part of the ICT risk means any reasonably identifiable circumstance in relation to the use of network and information systems which, if materialised, may compromise the security of the network and information systems, of any technology dependent tool or process, of operations and processes, or of the provision of services by producing adverse effects in the digital or physical environment; management framework referred to in Article 6(1), financial entitiesas defined in Article 2, points (a) to (t) shall:

      1. develop and document an information security policy defining rules to protect the availability, authenticity, integrity and confidentiality of data, information assets means a collection of information, either tangible or intangible, that is worth protecting; and ICT assets means a software or hardware asset in the network and information systems used by the financial entity;, including those of their customers, where applicable;

      2. following a risk-based approach, establish a sound network and infrastructure management structure using appropriate techniques, methods and protocols that may include implementing automated mechanisms to isolate affected information assets means a collection of information, either tangible or intangible, that is worth protecting; in the event of cyber-attacks means a malicious ICT-related incident caused by means of an attempt perpetrated by any threat actor to destroy, expose, alter, disable, steal or gain unauthorised access to, or make unauthorised use of, an asset;;

      3. implement policies that limit the physical or logical access to information assets means a collection of information, either tangible or intangible, that is worth protecting; and ICT assets means a software or hardware asset in the network and information systems used by the financial entity; to what is required for legitimate and approved functions and activities only, and establish to that end a set of policies, procedures and controls that address access rights and ensure a sound administration thereof;

      4. implement policies and protocols for strong authentication mechanisms, based on relevant standards means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (^29^); Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). and dedicated control systems, and protection measures of cryptographic keys whereby data is encrypted based on results of approved data classification and ICT risk means any reasonably identifiable circumstance in relation to the use of network and information systems which, if materialised, may compromise the security of the network and information systems, of any technology dependent tool or process, of operations and processes, or of the provision of services by producing adverse effects in the digital or physical environment; assessment processes;

      5. implement documented policies, procedures and controls for ICT change management, including changes to software, hardware, firmware components, systems or security parameters, that are based on a 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; assessment approach and are an integral part of the financial entity means 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 overall change management process, in order to ensure that all changes to ICT systems are recorded, tested, assessed, approved, implemented and verified in a controlled manner;

      6. have appropriate and comprehensive documented policies for patches and updates.

    2. For the purposes of the first subparagraph, point (b), financial entitiesas defined in Article 2, points (a) to (t) shall design the network connection infrastructure in a way that allows it to be instantaneously severed or segmented in order to minimise and prevent contagion, especially for interconnected financial processes.

    3. For the purposes of the first subparagraph, point (e), the ICT change management process shall be approved by appropriate lines of management and shall have specific protocols in place.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    RTS Paragraph is expanded on in a regulatory technical standard.

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