CSIRTs and CERTs
3. Legislative framework of CSIRT/CERT
On 6 July 2016, the Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (the NIS Directive) was adopted by the European Parliament.
The NIS Directive provides legal measures to boost the overall level of cybersecurity in the EU by ensuring:
· Member States' preparedness, by requiring them to be appropriately equipped. For example, with a Computer Security Incident Response Team (CSIRT) and a competent national NIS authority,
· cooperation among all the Member States, by setting up a Cooperation Group to support and facilitate strategic cooperation and the exchange of information among Member States.
· a culture of security across sectors that are vital for our economy and society and moreover rely heavily on ICTs, such as energy, transport, water, banking, financial market infrastructures, healthcare and digital infrastructure.
Businesses identified by the Member States as operators of essential services in the above sectors will have to take appropriate security measures and to notify relevant national authorities of serious incidents. Key digital service providers, such as search engines, cloud computing services and online marketplaces, will have to comply with the security and notification requirements under the new Directive.
Building upon the significant progress within the European Forum of Member States in fostering discussions and exchanges on good policy practices, including the development of principles for European cyber-crisis cooperation, a Cooperation Group, composed of representatives of Member States, the Commission, and the European Union Agency for Network and Information Security (‘ENISA’), should be established to support and facilitate strategic cooperation between the Member States regarding the security of network and information systems. For that group to be effective and inclusive, it is essential that all Member States have minimum capabilities and a strategy ensuring a high level of security of network and information systems in their territory. In addition, security and notification requirements should apply to operators of essential services and to digital service providers to promote a culture of risk management and ensure that the most serious incidents are reported.
The existing capabilities are not sufficient to ensure a high level of security of network and information systems within the Union. Member States have very different levels of preparedness, which has led to fragmented approaches across the Union. This results in an unequal level of protection of consumers and businesses, and undermines the overall level of security of network and information systems within the Union. Lack of common requirements on operators of essential services and digital service providers in turn makes it impossible to set up a global and effective mechanism for cooperation at Union level. Universities and research centres have a decisive role to play in spurring research, development and innovation in those areas.
The EU Network and Information Security Directive (NIS Directive) aims to create a CSIRT Network “to contribute to developing confidence and trust between the Member States and to promote swift and effective operational cooperation”. The Directive states that each Member State shall designate one or more CSIRTs which shall comply with the requirements set out in the Directive’s point (1) of Annex I (requirements), covering at least the sectors referred to in Annex II and the services referred to in Annex III, responsible for risk and incident handling in accordance with a well–defined process.
The NIS Directive aims at creating a CSIRT Network “to contribute to developing confidence and trust between the Member States and to promote swift and effective operational cooperation”. The Directive states that each Member State shall designate one or more CSIRTs that shall comply with a set of defined high-level requirements.[1]
According to Article 9 of NIS states:
„Each Member State shall designate one or more CSIRTs which shall comply with the requirements set out in point (1) of Annex I, covering at least the sectors referred to in Annex II and the services referred to in Annex III, responsible for risk and incident handling in accordance with a well-defined process. A CSIRT may be established within a competent authority.“
And NISD continues to state that:
· The CSIRTS have adequate resources to effectively carry out their tasks
· Member States shall ensure the effective, efficient and secure cooperation of their CSIRTs
· Member States shall ensure that their CSIRTs have access to an appropriate, secure, and resilient communication and information infrastructure at national level
· Member States shall inform the Commission about the remit, as well as the main elements of the incident- handling process, of their CSIRTs
· Member States may request the assistance of ENISA in developing national CSIRTs[2]
Annex I of NISD is labelled REQUIREMENTS AND TASKS OF COMPUTER SECURITY INCIDENT RESPONSE TEAMS (CSIRTs) and is quoted here in full because of its great relevance for the national/governmental CSIRT community inside the EU:
(1) Requirements for CSIRTs:
(a) CSIRTs shall ensure a high level of availability of their communications services by avoiding single points of failure, and shall have several means for being contacted and for contacting others at all times. Furthermore, the communication channels shall be clearly specified and well known to the constituency and cooperative partners.
(b) CSIRTs' premises and the supporting information systems shall be located in secure sites.
(c) Business continuity:
(i) CSIRTs shall be equipped with an appropriate system for managing and routing requests, in order to facilitate handovers.
(ii) CSIRTs shall be adequately staffed to ensure availability at all times.
(iii) CSIRTs shall rely on an infrastructure the continuity of which is ensured. To that end, redundant systems and backup working space shall be available.
(d) CSIRTs shall have the possibility to participate, where they wish to do so, in international cooperation networks.
(2) CSIRTs' tasks:
(a) CSIRTs' tasks shall include at least the following:
(i) monitoring incidents at a national level;
(ii) providing early warning, alerts, announcements and dissemination of information to relevant stakeholders about risks and incidents;
(iii) responding to incidents;
(iv) providing dynamic risk and incident analysis and situational awareness;
(v) participating in the CSIRTs network.
(b) CSIRTs shall establish cooperation relationships with the private sector.
(c) To facilitate cooperation, CSIRTs shall promote the adoption and use of common or standardised practices for:
(i) incident and risk-handling procedures;
(ii) incident, risk and information classification schemes.
[1] ENISA CSIRT maturity assessment model [online], 2019. VERSION 2.0. Athens, Greece: European Union Agency for Network and Information Security (ENISA) [cit. 2021-03-16]. ISBN 978-92-9204-292-9. Available from: https://www.enisa.europa.eu/publications/study-on-csirt-maturity/at_download/fullReport, p. 5-6
[2] ENISA CSIRT maturity assessment model [online], 2019. VERSION 2.0. Athens, Greece: European Union Agency for Network and Information Security (ENISA) [cit. 2021-03-16]. ISBN 978-92-9204-292-9. Available from: https://www.enisa.europa.eu/publications/study-on-csirt-maturity/at_download/fullReport, p. 11