The statutory yardstick
The Cbw names two situations [1]:
- a severe operational disruption of the services or financial losses for the entity itself, even if it can still occur
- damage to other entities: considerable material or non-material damage, even if it can still occur
The word “can” matters: you do not have to wait until the damage is there.
Examples from transport and logistics
First test an incident against the threshold values below and record your assessment; that is part of your incident handling. Think of ransomware that brings down your planning system, terminal or sorting centre.
Further criteria
The act allows criteria to be laid down per sector [2]; the minister responsible for your sector does so by regulation [3]. According to the explanatory note to the regulation for transport, an incident is significant if it meets one of those criteria or can come to meet one [4]. Some thresholds:
- transport by water: access to the port, nautical services or transshipment in the port unavailable for twelve hours or longer, or transport over the main waterway network unavailable for twenty-four hours or longer [5]
- manufacture and distribution of chemical substances: contractual delivery times exceeded by three weeks or more, or a critical entity unable to use your service for six hours or longer [6]
- postal and courier services: at least 30% of recipients receive the item two delivery days or more late, or digital data are compromised so that personal and address data are processed unlawfully or the secrecy of letters is violated [7]; in addition in any case in the event of death or considerable damage to health [8]
- food companies: production, processing or distribution interrupted for at least 24 hours in part, for 12 hours for half or more, or for six hours entirely [9]
For air, rail and road, the regulation for transport has its own thresholds. Planned maintenance interruptions with foreseen effects do not count [10]. For cloud and IT service providers, among others, Implementing Regulation (EU) 2024/2690 specifies when an incident is significant.