L 194/20
EN
Official Journal of the European Union
19.7.2016
Article 13
International cooperation
The Union may conclude international agreements, in accordance with Article 218 TFEU, with third countries or inter
national organisations, allowing and organising their participation in some activities of the Cooperation Group. Such
agreements shall take into account the need to ensure adequate protection of data.
CHAPTER IV
SECURITY OF THE NETWORK AND INFORMATION SYSTEMS OF OPERATORS OF ESSENTIAL SERVICES
Article 14
Security requirements and incident notification
1.
Member States shall ensure that operators of essential services take appropriate and proportionate technical and or
ganisational measures to manage the risks posed to the security of network and information systems which they use in
their operations. Having regard to the state of the art, those measures shall ensure a level of security of network and
information systems appropriate to the risk posed.
2.
Member States shall ensure that operators of essential services take appropriate measures to prevent and minimise
the impact of incidents affecting the security of the network and information systems used for the provision of such
essential services, with a view to ensuring the continuity of those services.
3.
Member States shall ensure that operators of essential services notify, without undue delay, the competent
authority or the CSIRT of incidents having a significant impact on the continuity of the essential services they provide.
Notifications shall include information enabling the competent authority or the CSIRT to determine any cross-border
impact of the incident. Notification shall not make the notifying party subject to increased liability.
4.
In order to determine the significance of the impact of an incident, the following parameters in particular shall be
taken into account:
(a) the number of users affected by the disruption of the essential service;
(b) the duration of the incident;
(c) the geographical spread with regard to the area affected by the incident.
5.
On the basis of the information provided in the notification by the operator of essential services, the competent
authority or the CSIRT shall inform the other affected Member State(s) if the incident has a significant impact on the
continuity of essential services in that Member State. In so doing, the competent authority or the CSIRT shall, in
accordance with Union law or national legislation that complies with Union law, preserve the security and commercial
interests of the operator of essential services, as well as the confidentiality of the information provided in its notification.
Where the circumstances allow, the competent authority or the CSIRT shall provide the notifying operator of essential
services with relevant information regarding the follow-up of its notification, such as information that could support the
effective incident handling.
At the request of the competent authority or the CSIRT, the single point of contact shall forward notifications as
referred to in the first subparagraph to single points of contact of other affected Member States.
6.
After consulting the notifying operator of essential services, the competent authority or the CSIRT may inform the
public about individual incidents, where public awareness is necessary in order to prevent an incident or to deal with an
ongoing incident.