Law / Italy

Legge 28 giugno 2024, n. 90, Incident Notification and Vulnerability Remediation Duties

Artt. 1 e 2, Legge 28 giugno 2024, n. 90

In force since .

A vulnerability and incident reporting rule binding public and private bodies.

Obligation class
Security, Reporting

As of .

What it requires

  • If you are a central public administration, region, metropolitan city, large municipality or regional capital, urban or suburban public transport company, local health authority, or an in-house company providing IT, transport, wastewater or waste services for them, report any incident on the ACN taxonomy that affects your networks, information systems or IT services without delay and within 24 hours of learning of it, and make a complete notification within 72 hours of that moment (Law 90/2024, Article 1(1) and (2)).NIST CSF 2.0RS.CO-02
  • Make the report and the notification through the procedures on the ACN website (Article 1(2)).NIST CSF 2.0RS.CO-02
  • If ACN notifies you of a specific vulnerability you are exposed to, as an entity in Article 1(1), a national cybersecurity perimeter entity or an electronic communications provider under Article 40(3) of the Electronic Communications Code, apply the remedies it indicates without delay and within 15 days of its notice, unless technical or organisational reasons you have promptly communicated to ACN prevent it (Article 2).NIST CSF 2.0ID.RA-08

These lines are LexLint's reading of the law's text, as of .

In the frameworks

NIST Privacy Framework
  • PR.PO-P10A vulnerability management plan is developed and implemented.
NIST CSF 2.0
  • ID.RA-08Processes for receiving, analyzing, and responding to vulnerability disclosures are established
  • RS.CO-02Internal and external stakeholders are notified of incidents
CIS Controls
  • 3.10Encryption of sensitive data as it crosses networks.
  • 3.11Encryption of sensitive data where it is stored on servers and applications.
  • 6.8Access rights defined by job role, and kept up to date.
  • 7.1A documented, reviewed approach to finding and handling weaknesses.
  • 17.2A maintained list of who to contact about a security incident, inside and outside the enterprise.
FINOS AIGF
3 more
ENISA NIS2 guidance
  • 2.1Risk management framework
  • 3.1Incident handling policy
  • 3.4Event assessment and classification
  • 3.5Incident response
  • 3.6Post-incident reviews
  • 4.1Business continuity and disaster recovery plan
6 more
  • 4.3Crisis management
  • 6.2Secure development life cycle
  • 6.5Security testing
  • 6.10Vulnerability handling and disclosure
  • 9.1Cryptography
  • 11.2Management of access rights

Our reading of where this law's duties sit in each framework, and in the NIST CSF 2.0, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

CIS Critical Security Controls® (CIS Controls®) v8.1 © Center for Internet Security, Inc. Safeguard numbers are used under a CIS Controls Supporter License; the one-line descriptions beside them are our own, not CIS text.

If you get it wrong

Private right of actionNo

Penalty structure

Article 1(6) sets an administrative fine of 25,000 to 125,000 euro where a notification duty is breached repeatedly within five years, and Article 2(2) applies the same sanction to failing or delaying the remedial measures ACN indicates.

Rule
Fixed only
As of
Minimum
25,000
Currency
EUR
Fixed cap
125,000

Who enforces it

Enforcement body

The National Cybersecurity Agency (Agenzia per la cybersicurezza nazionale, ACN), which applies the fine and may send inspections under Article 1(5) and (6).

Settledness

As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Central public administrations, regions, metropolitan cities, municipalities above 100,000 inhabitants and regional capitals, urban and suburban public transport companies, local health authorities and their in-house IT, transport, wastewater and waste companies must report and notify the incidents on the National Cybersecurity Agency (ACN) taxonomy that affect their networks, information systems and IT services (Article 1(1)).

They must report any such incident without delay and within 24 hours of learning of it, and make a complete notification within 72 hours of that moment, through the procedures on the ACN website (Article 1(2)). For the municipalities, transport companies, local health authorities and in-house companies, these duties apply from the 180th day after the law came into force (Article 1(3)).

Repeated failure to notify within five years is punished by an administrative fine of 25,000 to 125,000 euro (Article 1(6)). The same entities, together with the entities under the national cybersecurity perimeter and the electronic communications providers named in Article 2(1), must apply the remedies ACN indicates for a specific vulnerability they are exposed to without delay and within 15 days of ACN's notice (Article 2(1)).

Failure or delay in applying them carries the same fines, unless technical or organisational reasons promptly communicated to ACN prevent or defer the remedy (Article 2(2)). The law entered into force on .

When LexLint raises it

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