NIS Directive development The Incident Notification Framework
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1 NIS Directive development The Incident Notification Framework Dan Tofan #certcon Bucharest European Union Agency for Network and Information Security
2 Topics 01 NISD Short Intro 02 The incident notification/reporting (IN/IR) process 03 Types of incidents in scope 04 How to determine significant incidents 05 Overall Findings 2
3 1. The NIS Directive (EU 2016/1148) Scope: to achieve a high common level of security of NIS within the Union (first EU regulatory act at this level). Status: ADOPTED August Deadline for transposition: 9 May 2018 (21 months). Provisions: 1. Improved cybersecurity capabilities at national level 2. Increased EU-level cooperation 3. Obligations for operators of essential services (OES) 4. Obligations for digital service providers (DSP) 3
4 The Network and Information Security Directive 4
5 NISD Co-operation Group & ENISA EC Cooperation Group Identification Criteria Expert group - DE Security Measures Expert group - FR Incident reporting Expert group NL Cross-border Interdependencies Expert group - EE Study on Identification Criteria for OES Study on Security Measures for OES ENISA Study on Incident Reporting for OES Study on Cross border Interdependencies 5
6 OES Identification MS responsabilities: - Identify the essential services that are critical for societal and economic activities. - Determine what could be a significant disruptive effect for the candidate OES. - Identify essential services within the operators. - Review and update list every two years. Findings: - Some have gone beyond NISD and included:food, public and legal order, civil administration, chemical and nuclear industry and space & research; 6
7 Security Measures (SM) for OESs 7
8 2. The Incid. Notification Process 8
9 2. The Incid. Notification Process Some requirements: The IN requirements apply only to OES using NIS (computer systems). Significant incidents that affect the continuity of the essential services provided must be reported without undue delay. Other MS must be informed in case of cross border impact. OES can follow up for info that can support the handling. Public can be informed in case needed. 9
10 3. Types of incidents in scope Several concepts and definitions must be taken into account to define the scope: Incident, NIS, security of NIS, adverse effect, significant impact, continuity. Any incident affecting the availability, authenticity, integrity or confidentiality of networks and information systems used in the provision of the essential services, which has a significant impact on the continuity of the essential services. - P.S: CONTINUITY!= AVAILABILITY 10
11 3. Types of incidents in scope Safety related incidents NISD REPORTABLE INCIDENTS - OES Other crises Incidents Reportable Under Other EU Regulations (GDPR, TELECOM, eidas etc.) 11
12 3. Types of incidents in scope - ENERGY 12
13 3. Types of incidents in scope - TRANSPORT 13
14 3. Types of incidents in scope - BANKING Sept , the websites of Bank of America (BAC), JPMorgan Chase (JPM), Wells Fargo (WFC), U.S. Bank (USB) and PNC Bank have all suffered day-long slowdowns and been sporadically unreachable for many customers. 14
15 3. Types of incidents in scope - HEALTH 15
16 4. How to determine significant incidents - Art. 14 (4) contains parameters to be used for determining impact: - (a) the number of users affected by the disruption of the essential service (relying on the service); - (b) the duration of the incident; - (c) the geographical spread (area affected by the incident); - Other parameters can to be considered also; inspiration comes from art. 6 (but you can also add yours ): - interdependencies on other OES sectors; - Socio-economic impact; - The market share of that entity; - Existence of alternative means of service provision. P.S: Significance related to the overall impact, not to the impact perceived through an IT perspective! 16
17 5. Important findings - A GREAT responsibility comes at MS level, that have to converge fundamentally different industries; - All industries are different! There is no one-size-fits-all solution! - Traditional industries already have IR (and SM) schemes in place, mostly focused on safety, but cyber is not excluded; - Sectorial experience/knowledge is crucial in approaching a sector; some have a history that goes beyond Internet ages; - IN: Significance should be related to the overall impact of the incident, not to the impact perceived through an IT perspective; - SM: Mature OES already have them in place. 17
18 Thank you PO Box 1309, Heraklion, Greece Tel:
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