Recital 9
Directive on the security of network and information systems · UE 2022/2555
| (9) | Member States should be able to take the necessary measures to ensure the protection of the essential interests of national security, to safeguard public policy and public security, and to allow for the prevention, investigation, detection and prosecution of criminal offences. To that end, Member States should be able to exempt specific entities which carry out activities in the areas of national security, public security, defence or law enforcement, including the prevention, investigation, detection and prosecution of criminal offences, from certain obligations laid down in this Directive with regard to those activities. Where an entity provides services exclusively to a public administration entity that is excluded from the scope of this Directive, Member States should be able to exempt that entity from certain obligations laid down in this Directive with regard to those services. Furthermore, no Member State should be required to supply information the disclosure of which would be contrary to the essential interests of its national security, public security or defence. Union or national rules for the protection of classified information, non-disclosure agreements, and informal non-disclosure agreements such as the traffic light protocol should be taken into account in that context. The traffic light protocol is to be understood as a means to provide information about any limitations with regard to the further spreading of information. It is used in almost all computer security incident response teams (CSIRTs) and in some information analysis and sharing centres. |
In Luxembourg, the law of 28 July 2023 on cybersecurity (amended by the law of 28 July 2025) tasks the ILR with designating essential and important entities, and reserves to the Haut-Commissariat a la Protection Nationale (HCPN) and the State Intelligence Service (SRE) exemption decisions under Recital 9. GOVCERT.LU is the reference national CSIRT for public and sovereign entities, CIRCL for others. TLP v2.0 (FIRST) marking is the de facto standard required by GOVCERT.LU for any sensitive information exchange.
Luxgap practice: NEVER claim a Recital 9 exemption without a formal letter from the HCPN or the supervising Ministry expressly qualifying the exempt perimeter. The ILR treats self-exemption as a notification breach.