Data and system security


  1. As part of the ICT security policies, procedures, protocols, and tools referred to in Article 9(2) of Regulation (EU) 2022/2554, financial entitiesas defined in Article 2, points (a) to (t) shall develop, document, and implement a data and system security procedure.

  2. The data and system security procedure referred to in paragraph 1 shall contain all of the following elements related to data and ICT system security, in accordance with the classification established in accordance with Article 8(1) of Regulation (EU) 2022/2554:

    1. the access restrictions referred to in Article 21 of this Regulation, supporting the protection requirements for each level of classification;

    2. the identification of a secure configuration baseline for ICT assetsmeans a software or hardware asset in the network and information systems used by the financial entity; that minimise exposure of those ICT assetsmeans a software or hardware asset in the network and information systems used by the financial entity; to cyber threatsmeans ‘cyber threat’ as defined in Article 2, point (8), of Regulation (EU) 2019/881; and measures to verify regularly that those baselines are effectively deployed;

    3. the identification of security measures to ensure that only authorised software is installed in ICT systems and endpoint devices;

    4. the identification of security measures against malicious codes;

    5. the identification of security measures to ensure that only authorised data storage media, systems, and endpoint devices are used to transfer and store data of the financial entity;

    6. the following requirements to secure the use of portable endpoint devices and private non-portable endpoint devices:

      1. the requirement to use a management solution to remotely manage the endpoint devices and remotely wipe the financial entity’s data;

      2. the requirement to use security mechanisms that cannot be modified, removed or bypassed by staff members or ICT third-party service providersmeans an undertaking providing ICT services; in an unauthorised manner;

      3. the requirement to use removable data storage devices only where the residual ICT riskmeans 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; remains within the financial entity’s risk tolerance level referred to in Article 3, first subparagraph, point (a);

    7. the process to securely delete data, present on premises of the financial entity or stored externally, that the financial entity no longer needs to collect or to store;

    8. the process to securely dispose or decommission of data storage devices present on premises of the financial entity or stored externally containing confidential information;

    9. the identification and implementation of security measures to prevent data loss and leakage for systems and endpoint devices;

    10. the implementation of security measures to ensure that teleworking and the use of private endpoint devices does not adversely impact the ICT security of the financial entity;

    11. for ICT assetsmeans a software or hardware asset in the network and information systems used by the financial entity; or services operated by an ICT third-party service providermeans an undertaking providing ICT services;, the identification and implementation of requirements to maintain digital operational resiliencemeans the ability of a financial entity to build, assure and review its operational integrity and reliability by ensuring, either directly or indirectly through the use of services provided by ICT third-party service providers, the full range of ICT-related capabilities needed to address the security of the network and information systems which a financial entity uses, and which support the continued provision of financial services and their quality, including throughout disruptions;, in accordance with the results of the data classification and ICT riskmeans 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.

    For the purposes of point (b), the secure configuration baseline referred to in that point shall take into account leading practices and appropriate techniques laid down in the standards defined in Article 2, point (1), of Regulation (EU) No 1025/2012.

    For the purposes of point (k), financial entitiesas defined in Article 2, points (a) to (t) shall consider the following:

    1. the implementation of vendor recommended settings on the elements operated by the financial entity;

    2. a clear allocation of information security roles and responsibilities between the financial entity and the ICT third-party service providermeans an undertaking providing ICT services;, in accordance with the principle of full responsibility of the financial entity over its ICT third-party service providermeans an undertaking providing ICT services; referred to in Article 28(1), point (a), of Regulation (EU) 2022/2554, and for financial entitiesas defined in Article 2, points (a) to (t) referred to in Article 28(2) of that Regulation, and in accordance with the financial entity’s policy on the use of ICT servicesmeans digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; supporting critical or important functionsmeans 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;;

    3. the need to ensure and maintain adequate competences within the financial entity in the management and security of the service used;

    4. technical and organisational measures to minimise the risks related to the infrastructure used by the ICT third-party service providermeans an undertaking providing ICT services; for its ICT servicesmeans digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services;, considering leading practices, and standards as defined in Article 2, point (1), of Regulation (EU) No 1025/2012.