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The National Cyber Security Bill 2024 transposes the EU's NIS2 Directive into Irish law, enhancing cybersecurity requirements and establishing the NCSC's role.
The National Cyber Security Bill 2024 is an Irish bill that aims to transpose the EU's NIS2 Directive into Irish law. It establishes cybersecurity requirements for essential and important entities, designates competent authorities for supervision and enforcement, and puts the National Cyber Security Centre (NCSC) on a statutory footing.
The bill mandates robust risk management, incident reporting, and defines penalties for non-compliance, including potential suspension of business licenses and restrictions on management positions.
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The measures referred to in section (1) shall be based on an all-hazards approach that aims to protect network and information systems and the physical environment of those systems from incidents and shall include the use of multi-factor authentication or continuous authentication solutions, secured voice, video and text communications and secured emergency communication systems within the entity, where appropriate.
When considering which measures referred to in section 4(d) are appropriate, entities shall take into account the vulnerabilities specific to each direct supplier and service provider and the overall quality of products and cybersecurity practices of their suppliers and service providers, including their secure development procedures. When considering which measures referred to in that point are appropriate, entities are required to take into account the results of the coordinated security risk assessments of critical supply chains carried out by the co-operation group in accordance with Article 22(1) of the Directive.
A relevant designated competent authority that is made aware that an entity does not comply with the measures provided for in section (4) takes, without undue delay, all necessary, appropriate and proportionate corrective measures as per Part 8 of this Act.
(1) In order to demonstrate compliance with particular requirements of Cyber Security risk-management measures per Head 29-
(2) an essential or important entities may be required to use particular ICT products, ICT services and ICT processes, developed by the essential or important entity or procured from third parties, that are certified under a European cyber security certification scheme adopted pursuant to Article 49 of Regulation (EU) 2019/881; or
(3) an essential or important entities may be advised to use particular ICT products, ICT services and ICT processes, developed by the essential or important entity or procured from third parties, that are certified under a national cyber security certification scheme.
On a voluntary basis, entities falling within the scope of this [Act] and, where relevant, other entities not falling within the scope of this [Act] should exchange relevant cyber security information among themselves, including information relating to cyber threats, near misses, vulnerabilities, techniques and procedures, indicators of compromise, adversarial tactics, threat-actor-specific information, cybersecurity alerts and recommendations regarding configuration of cybersecurity tools to detect cyberattacks, where such information sharing:
a. aims to prevent, detect, respond to or recover from incidents or to mitigate their impact;
b. enhances the level of cybersecurity, in particular through raising awareness in relation to cyber threats, limiting or impeding the ability of such threats to spread, supporting a range of defensive capabilities, vulnerability remediation and disclosure, threat detection, containment and prevention techniques, mitigation strategies, or response and recovery stages or promoting collaborative cyber threat research between public and private entities.
The NCSC will ensure the exchange of information shall take place within communities of essential and important entities, including within the Sectors set out in Schedule I and II, and where relevant, their suppliers or service providers. Such exchange shall be implemented through cybersecurity information-sharing arrangements in respect of the potentially sensitive nature of the information shared.
The Essential and Important entities shall notify their designated competent authority of their participation in the cybersecurity information-sharing arrangements referred to in section (2), upon entering into such arrangements, or, as applicable, of their withdrawal from such arrangements, once the withdrawal takes effect.
(1) In addition to the notification obligation provided for in [Head 15], notifications can be submited to the NCSC, on a voluntary basis, by:
a. essential and important entities with regard to incidents, cyber threats and near misses;
b. entities other than those referred to in (a), regardless of whether they fall within the scope of this Directive, with regard to significant incidents, cyber threats and near misses.
(2) The NCSC, as CSIRT shall process the notifications referred to in section 1 of this Head in accordance with the procedure laid down in [Head 15]. Member States may prioritize the processing of mandatory notifications over voluntary notifications.
(3) Where necessary, the competent authorities shall be provided with information about notifications received pursuant to this Article shall be sent to the NCSC, as CSIRT and single point of contact, while ensuring the confidentiality and appropriate protection of the information provided by the notifying entity.
(4) Without prejudice to the prevention, investigation, detection and prosecution of criminal offences, voluntary reporting shall not result in the imposition of any additional obligations upon the notifying entity to which it would not have been subject had it not submitted the notification.
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