5.1.1 For the purpose of Article 21(2), point (d) of Directive (EU) 2022/2555, the relevant entities …

Requirement

For the purpose of Article 21(2), point (d) of Directive (EU) 2022/2555, the relevant entities shall establish, implement and apply a supply chain security policy which governs the relations with their direct suppliers and service providers to mitigate the identified risks to the security of network and information systems. In the supply chain security policy, the relevant entities shall identify their role in the supply chain and communicate it to their direct suppliers and service providers.

Guidance

• Take into account industry-recognised standards or good practices when developing the supply chain policy (40).
• The role of a supplier or service provider might be one or more of the following (41):
  • ICT supplier (including software and hardware supplier),
  • Manufacturer,
  • managed service provider,
  • managed security service provider and
  • cloud computing provider.
• In the case of free and open source software (FOSS), communities and projects that openly develop, maintain and distribute software may not be considered direct suppliers or service providers where no contractual relationship exists between the relevant entity and the open source project, beyond adherence to a standardised copyright licence, or where the contractual relationship is with an open source software steward (Regulation 2024/2847, Article 3(14) ‘provides support on a sustained basis for the development and ensures the viability of those products’).

Examples of evidence

• Supply chain security policy in place and is in line with industry-recognised standards and/or good practices.
• Evidence (e.g. email, contract or announcements) of the communication of the role of the entity to the direct suppliers and service providers, where possible.

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