Article 29Cybersecurity information-sharing arrangements
1. Member States shall ensure that entities falling within the scope of this Directive and, where relevant, other entities not falling within the scope of this Directive are able to exchange on a voluntary basis relevant cybersecurity 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.
2. Member States shall ensure that the exchange of information takes place within communities of essential and important entities, 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.
3. Member States shall facilitate the establishment of cybersecurity information-sharing arrangements referred to in paragraph 2 of this Article. Such arrangements may specify operational elements, including the use of dedicated ICT platforms and automation tools, content and conditions of the information-sharing arrangements. In laying down the details of the involvement of public authorities in such arrangements, Member States may impose conditions on the information made available by the competent authorities or the CSIRTs. Member States shall offer assistance for the application of such arrangements in accordance with their policies referred to in Article 7(2), point (h).
4. Member States shall ensure that essential and important entities notify the competent authorities of their participation in the cybersecurity information-sharing arrangements referred to in paragraph 2, upon entering into such arrangements, or, as applicable, of their withdrawal from such arrangements, once the withdrawal takes effect.
5. ENISA shall provide assistance for the establishment of cybersecurity information-sharing arrangements referred to in paragraph 2 by exchanging best practices and providing guidance.
NIS2, the European Union directive on network and information security, Article 29
Member States must ensure that entities in scope and, where relevant, other entities are able to exchange cybersecurity information voluntarily among themselves: cyber threats, near misses, vulnerabilities, techniques and procedures, indicators of compromise, adversarial tactics, threat-actor-specific information, alerts, and recommendations on configuring security tools to detect attacks. The sharing must aim to prevent, detect, respond to or recover from incidents or mitigate their impact, and must enhance the level of cybersecurity.
Exchange is to take place within communities of essential and important entities and, where relevant, their suppliers or service providers, through information-sharing arrangements that take account of the sensitivity of the information. Member States must facilitate setting up such arrangements, which may specify operational elements such as dedicated platforms, content and conditions, and must offer assistance in applying them. ENISA assists by exchanging best practice and providing guidance.
One mandatory element: Member States must ensure that essential and important entities notify the competent authorities when they join such an arrangement and when their withdrawal takes effect.
Sharing is voluntary. The article does not say how competition law, contractual confidentiality or data protection law apply to a given exchange, so the terms of an arrangement are where an entity should look.
Text: Directive (EU) 2022/2555, OJ L 333, 27.12.2022, p. 80, as corrected by Corrigendum OJ L, 2023/90206, 22.12.2023 (Article 19(1): “by 17 January 2025”, replacing “on”), from EUR-Lex. Only the Official Journal text is authentic.