Several legal instruments recommend – and in some cases require – the inclusion of contractual clauses or dedicated annexes on physical and cyber security, in order to limit the risk of attacks (or their consequences) between two commercial partners:
- NIS 2 Directive, introducing the notion of shared responsibility within the supply chain (confirmed and further detailed by Implementing Regulation 2024/2690)
- CER Directive, imposing resilience objectives
15 Security requirements listed in the regulations
According to your own criticality and/or that of your service provider, you must include all or part of the following clauses to mitigate your liability and — most importantly — ensure an adequate level of security:
- Security scope and objectives (NIS 2 Art. 21 + Regulation 2024/2690 §5.1.4)
- Selection criteria and ongoing compliance — Regulation 2024/2690 §5.1.2
- Incident notification “without undue delay” — Regulation 2024/2690 §5.1.4(d)
- Audit rights / audit reports — Regulation 2024/2690 §5.1.4(e)
- Vulnerability and patch management — Regulation 2024/2690 §5.1.4(f) together with patch-management principles (§16)
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