Certification to the new schemes will initially be voluntary, but the European Commission will periodically review the schemes’ efficiency and use, and whether certification should be mandatory.
The first such assessment must take place by 31 December 2023, and subsequent assessments will be carried out every two years thereafter.
Schemes affecting Operators of Essential Services as defined by Annex II of the NIS Directive will be assessed as a priority.
EU Cybersecurity Act enforcement and penalties
Individuals and organisations have the right to lodge a complaint with the issuer of any European cyber security certificate, and the right to an effective judicial remedy with regard to decisions taken by conformity assessment bodies or the national cyber security certification authority.
The Act also prescribes a regime of “effective, proportionate and dissuasive” penalties for infringements – the same language used in the GDPR and NIS Directive, which prescribe penalties of up to €20 million or 4% of an organisation’s annual global turnover – whichever is greater.
Entry into force
The Regulation was published in the Official Journal of the European Union on 7 June 2019 and came into force on 27 June 2019.
Articles 58 (National Cybersecurity certification authorities), 60 (Conformity assessment bodies), 61 (Notification), 63 (Right to lodge a complaint), 64 (Right to an effective judicial remedy) and 65 (Penalties) will apply from 28 June 2021.
Brexit
As to the UK’s future relationship with the EU, the UK government’s EU regulation on ENISA and Cyber Security Certification – NOTICE explains:
The Regulation does not introduce any directly operational cyber security certification schemes, so there will be no operational implications for industry that arise as a direct result of this legislation following the UK’s departure from the EU.
If there are EU Certification Schemes in operation when the UK leaves the EU as a result of this framework, then the UK’s future relationship with those will be considered in the context of the individual schemes. Article 54 of the Regulation requires individual certification schemes to include conditions for the mutual recognition of those schemes with third countries.