Risk management framework

Preamble (Recitals 1 – 30)

Recitals

Title I (Article 1)

General principle

Article 1

Overall risk profile and complexity

Title II (Articles 2 – 27)

Further harmonisation of ICT risk management tools, methods, processes, and policies in accordance with Article 15 of Regulation (EU) 2022/2554

Chapter I (Articles 2 – 18)

ICT security policies, procedures, protocols, and tools

Section 1

Article 2

General elements of ICT security policies, procedures, protocols, and tools

Section 2

Article 3

ICT risk management

Section 3

ICT asset management

Article 4

ICT asset management policy

Article 5

ICT asset management procedure

Section 4

Encryption and cryptography

Article 6

Encryption and cryptographic controls

Article 7

Cryptographic key management

Section 5

ICT operations security

Article 8

Policies and procedures for ICT operations

Article 9

Capacity and performance management

Article 10

Vulnerability and patch management

Article 11

Data and system security

Article 12

Logging

Section 6

Network security

Article 13

Network security management

Article 14

Securing information in transit

Section 7

ICT project and change management

Article 15

ICT project management

Article 16

ICT systems acquisition, development, and maintenance

Article 17

ICT change management

Section 8

Article 18

Physical and environmental security

Chapter II (Articles 19 – 21)

Human resources policy and access control

Article 19

Human resources policy

Article 20

Identity management

Article 21

Access control

Chapter III (Articles 22 – 23)

ICT-related incident detection and response

Article 22

ICT-related incident management policy

Article 23

Anomalous activities detection and criteria for ICT-related incidents detection and response

Chapter IV (Articles 24 – 26)

ICT business continuity management

Article 24

Components of the ICT business continuity policy

Article 25

Testing of the ICT business continuity plans

Article 26

ICT response and recovery plans

Chapter V (Article 27)

Report on the ICT risk management framework review

Article 27

Format and content of the report on the review of the ICT risk management framework

Title III (Articles 28 – 41)

Simplified ICT risk management framework for financial entities referred to in Article 16(1) of Regulation (EU) 2022/2554

Chapter I (Articles 28 – 32)

Simplified ICT risk management framework

Article 28

Governance and organisation

Article 29

Information security policy and measures

Article 30

Classification of information assets and ICT assets

Article 31

ICT risk management

Article 32

Physical and environmental security

Chapter II (Articles 33 – 38)

Further elements of systems, protocols, and tools to minimise the impact of ICT risk

Article 33

Access Control

Article 34

ICT operations security

Article 35

Data, system and network security

Article 36

ICT security testing

Article 37

ICT systems acquisition, development, and maintenance

Article 38

ICT project and change management

Chapter III (Articles 39 – 40)

ICT business continuity management

Article 39

Components of the ICT business continuity plan

Article 40

Testing of business continuity plans

Chapter IV (Article 41)

Report on the review of the simplified ICT risk management framework

Article 41

Format and content of the report on the review of the simplified ICT risk management framework

Title IV (Article 42)

Final provisions

Article 42

Entry into force

Article 23 Anomalous activities detection and criteria for ICT-related incidents detection and response

  1. Financial entitiesas defined in Article 2, points (a) to (t) shall set clear roles and responsibilities to effectively detect and respond to ICT-related incidentsa single event or a series of linked events unplanned by the financial entity that compromises the security of the network and information systems, and have an adverse impact on the availability, authenticity, integrity or confidentiality of data, or on the services provided by the financial entity and anomalous activities.

  2. The mechanism to promptly detect anomalous activities, including ICT network performance issues and ICT-related incidentsa single event or a series of linked events unplanned by the financial entity that compromises the security of the network and information systems, and have an adverse impact on the availability, authenticity, integrity or confidentiality of data, or on the services provided by the financial entity, as referred to in Article 10(1) of Regulation (EU) 2022/2554, shall enable financial entitiesas defined in Article 2, points (a) to (t) to:

    1. collect, monitor, and analyse all of the following:

      1. internal and external factors, including at least the logs collected in accordance with Article 12 of this Regulation, information from business and ICT functions, and any problem reported by users of the financial entity;

      2. potential internal and external cyber threatsas defined in Article 2, point (8), of Regulation (EU) 2019/881: any potential circumstance, event or action that could damage, disrupt or otherwise adversely impact network and information systems, the users of such systems and other persons, considering scenarios commonly used by threat actors and scenarios based on threat intelligenceinformation that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations activity;

      3. ICT-related incidenta single event or a series of linked events unplanned by the financial entity that compromises the security of the network and information systems, and have an adverse impact on the availability, authenticity, integrity or confidentiality of data, or on the services provided by the financial entity notification from an ICT third-party service provideran undertaking providing ICT services of the financial entity detected in the ICT systems and networks of the ICT third-party service provideran undertaking providing ICT services and that may affect the financial entity;

    2. identify anomalous activities and behaviour, and implement tools generating alerts for anomalous activities and behaviour, at least for ICT assetsa software or hardware asset in the network and information systems used by the financial entity and information assetsa collection of information, either tangible or intangible, that is worth protecting supporting critical or important functionsa 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. prioritise the alerts referred to in point (b) to allow for the management of the detected ICT-related incidentsa single event or a series of linked events unplanned by the financial entity that compromises the security of the network and information systems, and have an adverse impact on the availability, authenticity, integrity or confidentiality of data, or on the services provided by the financial entity within the expected resolution time, as specified by financial entitiesas defined in Article 2, points (a) to (t), both during and outside working hours;

    4. record, analyse, and evaluate any relevant information on all anomalous activities and behaviours automatically or manually.

    For the purposes of point (b), the tools referred to in that point shall contain the tools that provide automated alerts based on pre-defined rules to identify anomalies affecting the completeness and integrity of the data sources or log collection.

  3. Financial entitiesas defined in Article 2, points (a) to (t) shall protect any recording of the anomalous activities against tampering and unauthorised access at rest, in transit and, where relevant, in use.

  4. Financial entitiesas defined in Article 2, points (a) to (t) shall log all relevant information for each detected anomalous activity enabling:

    1. the identification of the date and time of occurrence of the anomalous activity;

    2. the identification of the date and time of detection of the anomalous activity;

    3. the identification of the type of the anomalous activity.

  5. Financial entitiesas defined in Article 2, points (a) to (t) shall consider all of the following criteria to trigger the ICT-related incidenta single event or a series of linked events unplanned by the financial entity that compromises the security of the network and information systems, and have an adverse impact on the availability, authenticity, integrity or confidentiality of data, or on the services provided by the financial entity detection and response processes referred to in Article 10(2) of Regulation (EU) 2022/2554:

    1. indications that malicious activity may have been carried out in an ICT system or network, or that such ICT system or network may have been compromised;

    2. data losses detected in relation to the availability, authenticity, integrity, and confidentiality of data;

    3. adverse impact detected on financial entity’s transactions and operations;

    4. ICT systems’ and network unavailability.

  6. For the purposes of paragraph 5, financial entitiesas defined in Article 2, points (a) to (t) shall also consider the criticality of the services affected.

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