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Cybersecurity Act

The Cybersecurity Act (Regulation (EU) 2019/881) aims to achieve a high level of cybersecurity, cyber resilience and trust within the European Union (EU) by laying down:

(a) objectives, tasks and organisational matters relating to ENISA (the European Union Agency for Cybersecurity); and

(b) a framework for the establishment of European cybersecurity certification schemes for the purpose of ensuring an adequate level of cybersecurity for ICT product, ICT service, ICT process and Managed Security Services in the Union, as well as for the purpose of avoiding the fragmentation of the internal market with regard to cybersecurity certification schemes in the Union.

It enhances trust and transparency in the Digital Single Market and reduces fragmentation caused by divergent national practices through a harmonised European cybersecurity certification framework.

Assurance levels: Basic, Substantial, High

The choice of the appropriate certification and associated security requirements by the users of European cybersecurity certificates should be based on an analysis of the risks associated with the use of the ICT product, ICT service, ICT process and Managed Security Services

The assurance level of a European certification scheme is a basis for confidence that an ICT product, ICT service, ICT process and Managed Security Services meets the security requirements of a specific European cybersecurity certification scheme.

Each European cybersecurity certificate might refer to one of the following assurance levels: ‘basic’, ‘substantial’ or ‘high’

  • Basic: A European cybersecurity certificate or EU statement of conformity that refers to assurance level ‘basic’ shall provide assurance that the ICT product, ICT service, ICT process and Managed Security Services for which that certificate or that EU statement of conformity is issued meet the corresponding security requirements, including security functionalities, and that they have been evaluated at a level intended to minimise the known basic risks of incidents and cyberattacks. The evaluation typically includes, at minimum, a review of technical documentation

A certification scheme may allow “conformity self-assessment” only for cases corresponding to the Basic level of assurance, where the manufacturer issues an EU statement of conformity under its sole responsibility.

  • Substantial: A European cybersecurity certificate that refers to assurance level ‘substantial’ shall provide assurance that the ICT product, ICT service, ICT process and Managed Security Services for which that certificate is issued meet the corresponding security requirements, including security functionalities, and that they have been evaluated at a level intended to minimise the known cybersecurity risks, and the risk of incidents and cyberattacks carried out by actors with limited skills and resources.

  • High: A European cybersecurity certificate that refers to assurance level ‘high’ shall provide assurance that the ICT product, ICT service, ICT process and Managed Security Services for which that certificate is issued meet the corresponding security requirements, including security functionalities, and that they have been evaluated at a level intended to minimise the risk of state-of-the-art cyberattacks carried out by actors with significant skills and resources.

For more information, contact [email protected]

The MDIA is designated as a National Cybersecurity Certification Authority (NCCA) in Malta. In this role, with the powers conferred to it under the Cybersecurity Act and the Subsidiary Legislation for Cybersecurity Certification Regulations, the MDIA has the function of:

  • Supervising and enforcing European cybersecurity certification scheme rules for the monitoring of compliance with certificates issued in Malta.

  • Monitoring compliance with and enforcing obligations of manufacturers or service providers, that are established in Malta and that carry out conformity self-assessment Supporting the National Accreditation Body (NAB) in monitoring and supervision of the activities of conformity assessment bodies.

  • Authorising conformity assessment bodies in accordance with the applicable requirements, and restrict, suspend or withdraw existing authorisation in case of infringements.

  • Handling complaints by natural or legal persons in relation to European cybersecurity certificates issued by conformity assessment bodies

At EU level, the MDIA works with the European Commission, ENISA and other EU NCCAs to support consistent cybersecurity certification across Europe. This includes:

  • Active participation in the European Cybersecurity Certification Group (ECCG) and pertinent subgroups.

  • Taking part in the EU peer review mechanism for NCCAs.

  • Sharing information and best practices through the ECCG.

  • Collaborates with other EU NCCAs when cross border coordination is needed, including through the ECCG.

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