Newsalert: Law Decree introducing an urgent regulation on national cyber security - Golden Powers


On September 19th 2019, the Italian Government approved a Law Decree introducing an urgent regulation on national cyber security.

The Law Decree integrates and modifies the Golden Powers regulation -introduced by Law Decree n. 21/2012- with a double purpose:

  • To protect critical infrastructure and technologies not included in the application of Law Decree 21/2012 or not identified by the implementing regulations (foreseen but not yet adopted);
  • To start the proper implementation of the EU Regulation n. 2019/452 on Foreign Direct Investment Screening;

The new provisions contained in the Law Decree, inter alia:

  • define the procedures to identify private and public entities subject to the national cyber security mechanism; they also identify (i) networks, (ii) information systems and (iii) informatic services relevant for the national cyber security ;
  • involve in the mechanism the Inter-Ministerial Committee for the National Security (CISR);
  • ensure a safer public procurement phase for the relevant entities willing to award the furniture of goods and/or ICT services to be employed on the relevant network/system/service;
  • provide that the exercise of Golden Powers on network, informatic system and strategic broadband communication services based on 5G technology requires the previous evaluation of vulnerability factors by the assessment center indicated in the said regulation (the measures adopted before the entry into force of the Law Decree can be modified or integrated in the light of the new standards);
  • introduce the notification requirement in the key areas identified in the mentioned EU Regulation (including financial infrastructures as the Italian Stock Exchange) even before the adoption of the governmental implementing acts.

Please finally note that the Law Decree does not regulate yet the cooperation mechanism provided by the EU Regulation; the aforementioned mechanism will entry into force on October 2020.