Operators
Essential Services The Directive (EU) 2016/1148
the European Parliament and
the Council
6 July 2016, concerning measures for a high common level
security
network and information systems across the Union (hereafter “NIS Directive”) has been transposed into the Luxembourgish Law
28 May 2019 (hereafter “NIS Law”). According to Article 3
the NIS Law, the CSSF is the competent authority in terms
network and information security for the credit institutions, the financial market infrastructures, and Digital Service Providers (hereafter “DSP”) which are already under the supervision
the CSSF. Amongst the responsibilities
the CSSF are the designation
essential services by means
regulation and the subsequent identification
Operators
Essential Services (hereafter “OES”). The CSSF has duly listed the essential services in CSSF Regulation N° 20-04. By this Communiqué, the CSSF informs the supervised institutions that the ones identified as OES have been notified
this decision on 15 September 2020. At present, the supervised institutions which have not received this notification are therefore not designated as OES and are not required to comply with the requirements
the NIS Law. In case
questions, please contact nis@cssf.lu. 20 July 2020 CSSF Regulation No 20-04
15 July 2020 on the definition
essential services according to the Law
28 May 2019 transposing Directive (EU) 2016/1148
the European Parliament and
the Council
6 July 2016 concerning measures for a high common level
security
… CSSF regulation Lien PDF (141.43Kb) Relevant for Credit institutions Specialised PFS CSSF Regulation No 20-04 on the definition
essential services according to the Law
28 May 2019 transposing Directive (EU) 2016/1148
the European Parliament and
the Council concerning measures for a high common level
security
network and information systems across the Union CSSF REGULATION NO 20-04 1/3 In case
discrepancies between the French and the English text, the French text shall prevail. CSSF Regulation No 20-04
15 July 2020 on the definition
essential services according to the Law
28 May 2019 transposing Directive (EU) 2016/1148
the European Parliament and
the Council
6 July 2016 concerning measures for a high common level
security
network and information systems across the Union Having regard to the Law
28 May 2019 transposing Directive (EU) 2016/1148
the European Parliament and
the Council
6 July 2016 concerning measures for a high common level
security
network and information systems across the Union (“NIS Law”) and amending the Law
20 April 2009 establishing the Government IT Centre (Centre des technologies de l’information de l’État, CTIE), as amended, and the Law
23 July 2016 establishing a High Commission for National Protection (Haut-Commissariat à la Protection nationale); Having regard to Article 3
the NIS Law designating the Commission de Surveillance du Secteur Financier (hereinafter “CSSF”) as the competent authority for the security
network and information systems covering the sectors
credit institutions and financial market infrastructures; Having regard to Article 7
the NIS Law, pursuant to which the competent authority lays down the list
essential services by way
a regulation; The Executive Board
the Commission de Surveillance du Secteur Financier Decides: Article 1 – Definitions For the purposes
this regulation, the following definitions shall apply: “Credit institutions” shall mean credit institutions within the meaning
point
the Law
5 April 1993 on the financial sector, as amended. “Financial market infrastructures” shall mean operators
a trading venue within the meaning
point
the Law
30 May 2018 on markets in financial instruments and/or central counterparties (CCPs) within the meaning
point
Regulation (EU) No 648/2012
the European Parliament and
the Council
4 July 2012 on OTC derivatives, central counterparties and trade repositories. “MTF” shall mean a multilateral trading facility within the meaning
point
the Law
30 May 2018 on markets in financial instruments. “Operator
essential services” shall mean a public or private entity
a type referred to in the Annex
the NIS Law and which meets the criteria laid down in Article 7
the NIS Law. CSSF REGULATION NO 20-04 2/3 Article 2 – Essential services In accordance with Article 7
the NIS Law, the following services shall be essential for the maintenance
critical societal and/or economic activities: (
financial instruments on a regulated markettype trading venue or an MTF. Article 3 – Entry into force This regulation shall enter into force on 1 August 2020. Article 4 – Publication This regulation will be published in the Journal
ficiel du Grand-Duché de Luxembourg and on the website
the CSSF. Luxembourg, 15 July 2020 Commission de Surveillance du Secteur Financier Claude WAMPACH Director Marco ZWICK Director Françoise KAUTHEN Director Claude MARX Director General Jean-Pierre FABER Director CSSF REGULATION NO 20-04 3/3
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.