The Directive on the Security of Network and Information Systems (the "NIS Directive") is
the first EU-wide cybersecurity law.32 It is designed to build resilience by improving national
cybersecurity capabilities; fostering better cooperation between the Member States; and
requiring undertakings in important economic sectors to adopt effective risk management
practices and to report serious incidents to the national authorities. These obligations also
apply to three types of providers of key internet services: cloud computing, search engines
and online marketplaces. It aims for a stronger and more systematic approach and a better
information flow.
Full implementation of the Directive by all Member States by May 2018 is essential to EU
cyber resilience. The process is being supported by collective work from Member States
which will result, by autumn 2017, in guidelines to support a more harmonised
implementation, notably in relation to operators of essential services. The Commission is also
issuing a Communication33 as part of this cybersecurity package to support their efforts by
providing best practice from the Member States relevant to the implementation of the
Directive and guidance on how the Directive should be operating in practice.
An area where the Directive will need to be supplemented is information flow. For example,
the Directive only covers key strategic sectors – but logically a similar approach by all
stakeholders hit by cyberattacks would be necessary to have a systematic assessment of
vulnerabilities and entry points for cyber attackers. In addition, cooperation and information
sharing between the public and private sectors faces a number of obstacles. Governments and
public authorities are reluctant to share cybersecurity-relevant information for fear of
compromising national security or competitiveness. Private undertakings are reluctant to share
information on their cyber vulnerabilities and resulting losses for fear of compromising
sensitive business information, risking their reputation or risking breaching data protection
rules.34 Trust needs to be strengthened for public-private partnerships to underpin wider
cooperation and sharing of information across a greater number of sectors. The role of
Information Sharing and Analysis Centres is particularly important in creating the necessary
trust for sharing information between private and public sector. Some first steps have been
taken in respect of specific critical sectors such as aviation, through the creation of the
European Center for Cybersecurity in Aviation,35 and energy, by developing Information
Sharing and Analysis Centres.36 The Commission will contribute in full to this approach with
support from ENISA, with an acceleration needed in particular with regard to sectors
providing essential services as identified in the NIS Directive.
2.4
Resilience through rapid emergency response
When a cyber-attack takes place, a fast and effective response can mitigate its impact. This
can also demonstrate that public authorities are not powerless in the face of cyber-attacks, and
contribute to building trust. As regards the EU institutions' own response, in the first instance
32
33
34
35
36
Directive 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.
COM(2017) 476.
Cybersecurity in the European Digital Single Market, High level group of Scientific Advisors, March 2017.
A specific issue concerns trade secrets, where the July 2016 Communication "Strengthening Europe's Cyber
Resilience System" noted the reticence to report the cyber theft of trade secrets and the importance of trusted
reporting channels ensuring confidentiality.
https://www.easa.europa.eu/newsroom-and-events/news/implementation-european-centre-cyber-securityaviationeccsa.
These are non-profit, member-driven organisations formed by private and public entities to share information
on cyber threats, risks, prevention, mitigation and response. See e.g. the European Energy Information
Sharing and Analysis Centres (http://www.ee-isac.eu).
7
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