In this act Article 6 of 42

Article 6 — Encryption and cryptographic controls

Financial servicesLevel 2RTSDORAIn forceOfficial source

1.As part of their ICT security policies, procedures, protocols, and tools referred to in Article 9(2) of Regulation (EU) 2022/2554, financial entities shall develop, document, and implement a policy on encryption and cryptographic controls.

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6(2)

2.Financial entities shall design the policy on encryption and cryptographic controls referred to in paragraph 1 on the basis of the results of an approved data classification and ICT risk assessment. That policy shall contain rules for all of the following:

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6(2)(a)

a)the encryption of data at rest and in transit;

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6(2)(b)

b)the encryption of data in use, where necessary;

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6(2)(c)

c)the encryption of internal network connections and traffic with external parties;

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6(2)(d)

d)the cryptographic key management referred to in Article 7, laying down rules on the correct use, protection, and lifecycle of cryptographic keys.\

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For the purposes of point (b), where encryption of data in use is not possible, financial entities shall process data in use in a separated and protected environment, or take equivalent measures to ensure the confidentiality, integrity, authenticity, and availability of data.

6(3)

3.Financial entities shall include in the policy on encryption and cryptographic controls referred to in paragraph 1 criteria for the selection of cryptographic techniques and use practices, taking into account leading practices, and standards as defined in Article 2, point (1), of Regulation (EU) No 1025/2012, and the classification of relevant ICT assets established in accordance with Article 8(1) of Regulation (EU) 2022/2554. Financial entities that are not able to adhere to the leading practices or standards, or to use the most reliable techniques, shall adopt mitigation and monitoring measures that ensure resilience against cyber threats.

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6(4)

4.Financial entities shall include in the policy on encryption and cryptographic controls referred to in paragraph 1 provisions for updating or changing, where necessary, the cryptographic technology on the basis of developments in cryptanalysis. Those updates or changes shall ensure that the cryptographic technology remains resilient against cyber threats, as required by Article 10(2), point (a). Financial entities that are not able to update or change the cryptographic technology shall adopt mitigation and monitoring measures that ensure resilience against cyber threats.

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6(5)

5.Financial entities shall include in the policy on encryption and cryptographic controls referred to in paragraph 1 a requirement to record the adoption of mitigation and monitoring measures adopted in accordance with paragraphs 3 and 4 and to provide a reasoned explanation for doing so.

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