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United Nations Economic and Social Council ECE/TRANS/WP.29/2020/79 REVISED Distr.: General 23 June 2020 Original: English Economic Commission for Europe Inland Transport Committee World Forum for Harmonization of Vehicle Regulations Proposal for a new UN Regulation on uniform provisions concerning the approval of vehicles with regards to cyber security and cyber security management system Submitted by the Working Party on Automated/autonomous and Connected Vehicles * The text reproduced below is consolidated version of the draft UN Regulation on Cyber Security and Cyber Security Management Systems. This informal version is meant purely as documentation tool. The authentic text submitted for adoption is contained in the three documents ECE/TRANS/WP.29/2020/79, ECE/TRANS/WP.29/2020/94 and ECE/TRANS/WP.29/2020/97. * In accordance with the programme of work of the Inland Transport Committee for 2020 as outlined in proposed programme budget for 2020 (A/74/6 (part V sect. 20) para 20.37), the World Forum will develop, harmonize and update UN Regulations in order to enhance the performance of vehicles. The present document is submitted in conformity with that mandate.
ECE/TRANS/WP.29/2020/79 Revised UN Regulation on uniform provisions concerning the approval of vehicles with regard to cyber security and of their cybersecurity management systems Contents Scope ......................................................................................................................................... 1. 2. Definitions ........................................................................................................................................ 3. Application for approval .................................................................................................................. 4. Markings ......................................................................................................................................... 5. Approval ......................................................................................................................................... 6. Certificate of Compliance for Cyber Security Management System ............................................... 7. Specifications ................................................................................................................................... 8. Modification and extension of the vehicle type ............................................................................... 9. Conformity of production ................................................................................................................ 10. Penalties for non-conformity of production ..................................................................................... 11. Production definitively discontinued ................................................................................................ 12. Names and addresses of Technical Services responsible for conducting approval test, and of Type Approval Authorities .......................................................................................................... Annexes 1 Information document ...................................................................................................................... 2 Communication ............................................................................................................................. 3 Arrangement of approval mark ........................................................................................................ 4 Model of Certificate of Compliance for CSMS................................................................................ 5 List of threats and corresponding mitigations .................................................................................. Page 3 3 4 4 5 7 8 11 11 11 11 12 13 15 16 17 18 2
1. 1.1. 1.2. 1.3. 1.4. 2. 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10. Scope ECE/TRANS/WP.29/2020/79 Revised This Regulation applies to vehicles, with regard to cyber security, of the Categories M and N. This Regulation also applies to vehicles of Category O if fitted with at least one electronic control unit. This Regulation also applies to vehicles of the Categories L6 and L7 if equipped with automated driving functionalities from level 3 onwards, as defined in the reference document with definitions of Automated Driving under WP.29 and the General Principles for developing a UN Regulation on automated vehicles (ECE/TRANS/WP.29/1140). This Regulation is without prejudice to other UN Regulations, regional or national legislations governing the access by authorized parties to the vehicle, its data, functions and resources, and conditions of such access. It is also without prejudice to the application of national and regional legislation on privacy and the protection of natural persons with regard to the processing of their personal data. This Regulation is without prejudice to other UN Regulations, national or regional legislation governing the development and installation/system integration of replacement parts and components, physical and digital, with regards to cybersecurity. Definitions For the purpose of this Regulation the following definitions shall apply: "Vehicle type" means vehicles which do not differ in at least the following essential respects: (a) (b) The manufacturer’s designation of the vehicle type; Essential aspects of the electric/electronic architecture and external interfaces with respect to cyber security. "Cyber security" means the condition in which road vehicles and their functions are protected from cyber threats to electrical or electronic components. "Cyber Security Management System (CSMS)" means a systematic risk-based approach defining organisational processes, responsibilities and governance to treat risk associated with cyber threats to vehicles and protect them from cyber- attacks. "System" means a set of components and/or sub-systems that implements a function or functions. "Development phase" means the period before a vehicle type is type approved. "Production phase" refers to the duration of production of a vehicle type. "Post-production phase" refers to the period in which a vehicle type is no longer produced until the end-of-life of all vehicles under the vehicle type. Vehicles incorporating a specific vehicle type will be operational during this phase but will no longer be produced. The phase ends when there are no longer any operational vehicles of a specific vehicle type. "Mitigation" means a measure that is reducing risk. "Risk" means the potential that a given threat will exploit vulnerabilities of a vehicle and thereby cause harm to the organization or to an individual. "Risk Assessment" means the overall process of finding, recognizing and describing risks (risk identification), to comprehend the nature of risk and to 3
ECE/TRANS/WP.29/2020/79 Revised determine the level of risk (risk analysis), and of comparing the results of risk analysis with risk criteria to determine whether the risk and/or its magnitude is acceptable or tolerable (risk evaluation). "Risk Management" means coordinated activities to direct and control an organization with regard to risk. "Threat" means a potential cause of an unwanted incident, which may result in harm to a system, organization or individual. "Vulnerability" means a weakness of an asset or mitigation that can be exploited by one or more threats. 2.11. 2.12. 2.13. 3. Application for approval 3.1. 3.2. 3.2.1. 3.2.2. 3.2.3. 3.3. The application for approval of a vehicle type with regard to cyber security shall be submitted by the vehicle manufacturer or by their duly accredited representative. It shall be accompanied by the undermentioned documents in triplicate, and by the following particulars: A description of the vehicle type with regard to the items specified in Annex 1 to this Regulation. In cases where information is shown to be covered by intellectual property rights or to constitute specific know-how of the manufacturer or of their suppliers, the manufacturer or their suppliers shall make available sufficient information to enable the checks referred to in this Regulation to be made properly. Such information shall be treated on a confidential basis. The Certificate of Compliance for CSMS according to paragraph 6 of this Regulation. Documentation shall be made available in two parts: (a) The formal documentation package for the approval, containing the material specified in Annex 1 which shall be supplied to the Approval Authority or its Technical Service at the time of submission of the type approval application. This documentation package shall be used by the Approval Authority or its Technical Service as the basic reference for the approval process. The Approval Authority or its Technical Service shall ensure that this documentation package remains available for at least 10 years counted from the time when production of the vehicle type is definitively discontinued. (b) Additional material relevant to the requirements of this regulation may be retained by the manufacturer, but made open for inspection at the time of type approval. The manufacturer shall ensure that any material made open for inspection at the time of type approval remains available for at least a period of 10 years counted from the time when production of the vehicle type is definitively discontinued. 4. Marking 4.1. 4.1.1. 4.1.2. There shall be affixed, conspicuously and in a readily accessible place specified on the approval form, to every vehicle conforming to a vehicle type approved under this Regulation an international approval mark consisting of: A circle surrounding the Letter "E" followed by the distinguishing number of the country which has granted approval. The number of this Regulation, followed by the letter "R", a dash and the approval number to the right of the circle described in paragraph 4.1.1. above. 4
ECE/TRANS/WP.29/2020/79 Revised 4.2. 4.3. 4.4. 4.5. If the vehicle conforms to a vehicle type approved under one or more other Regulations annexed to the Agreement in the country which has granted approval under this Regulation, the symbol prescribed in paragraph 4.1.1. above need not be repeated; in this case the Regulation and approval numbers and the additional symbols of all the Regulations under which approval has been granted in the country which has granted approval under this Regulation shall be placed in vertical columns to the right of the symbol prescribed in paragraph 4.1.1. above. The approval mark shall be clearly legible and shall be indelible. The approval mark shall be placed on or close to the vehicle data plate affixed by the Manufacturer. Annex 3 to this Regulation gives examples of the arrangements of the approval mark. 5. Approval 5.1. 5.1.1. 5.1.2. 5.1.3. Approval Authorities shall grant, as appropriate, type approval with regard to cyber security, only to such vehicle types that satisfy the requirements of this Regulation. The Approval Authority or the Technical Service shall verify by means of document checks that the vehicle manufacturer has taken the necessary measures relevant for the vehicle type to: (a) Collect and verify the information required under this Regulation through the supply chain so as to demonstrate that supplier-related risks are identified and are managed; (b) Document risks assessment (conducted during development phase or retrospectively), test results and mitigations applied to the vehicle type, including design information supporting the risk assessment; Implement appropriate cyber security measures in the design of the vehicle type; (c) (d) Detect and respond to possible cyber security attacks; (e) Log data to support the detection of cyber-attacks and provide data forensic capability to enable analysis of attempted or successful cyber- attacks. The Approval Authority or the Technical Service shall verify by testing of a vehicle of the vehicle type that the vehicle manufacturer has implemented the cyber security measures they have documented. Tests shall be performed by the Approval Authority or the Technical Service itself or in collaboration with the vehicle manufacturer by sampling. Sampling shall be focused but not limited to risks that are assessed as high during the risk assessment. The Approval Authority or Technical Service shall refuse to grant the type approval with regard to cyber security where the vehicle manufacturer has not fulfilled one or more of the requirements referred to in paragraph 7.3., notably: (a) The vehicle manufacturer did not perform the exhaustive risk assessment referred to in paragraph 7.3.3.; including where the manufacturer did not consider all the risks related to threats referred to in Annex 5, Part A; The vehicle manufacturer did not protect the vehicle type against risks identified risk assessment or proportionate mitigations were not implemented as required by paragraph 7.; the vehicle manufacturer’s (b) in 5
ECE/TRANS/WP.29/2020/79 Revised 5.1.4 5.2. 5.3. 5.3.1. 5.3.2. 5.3.3. (c) (d) The vehicle manufacturer did not put in place appropriate and proportionate measures to secure dedicated environments on the vehicle type (if provided) for the storage and execution of aftermarket software, services, applications or data; The vehicle manufacturer did not perform, prior to the approval, appropriate and sufficient testing to verify the effectiveness of the security measures implemented. The assessing Approval Authority shall also refuse to grant the type approval with regard to cyber security where the Approval Authority or Technical Service has not received sufficient information from the vehicle manufacturer to assess the cyber security of the vehicle type. Notice of approval or of extension or refusal of approval of a vehicle type pursuant to this Regulation shall be communicated to the Parties to the 1958 Agreement which apply this Regulation, by means of a form conforming to the model in Annex 2 to this Regulation. Approval Authorities shall not grant any type approval without verifying that the manufacturer has put in place satisfactory arrangements and procedures to manage properly the cyber security aspects as covered by this Regulation. The Approval Authority and its Technical Services shall ensure, in addition to the criteria laid down in Schedule 2 of the 1958 Agreement that they have: (a) Competent personnel with appropriate cyber security skills and specific automotive risk assessments knowledge;1 Implemented procedures for the uniform evaluation according to this Regulation. (b) Each Contracting Party applying this Regulation shall notify and inform by its Approval Authority other Approval Authorities of the Contracting Parties applying this UN Regulation about the method and criteria taken as a basis by the notifying Authority to assess the appropriateness of the measures taken in accordance with this regulation and in particular with paragraphs 5.1., 7.2. and 7.3. This information shall be shared (a) only before granting an approval according to this Regulation for the first time and (b) each time the method or criteria for assessment is updated. This information is intended to be shared for the purposes of collection and analysis of the best practices and in view of ensuring the convergent application of this Regulation by all Approval Authorities applying this Regulation. The information referred to in paragraph 5.3.2 shall be uploaded in English language to the secure internet database "DETA",2 established by the United Nations Economic Commission for Europe, in due time and no later than 14 days before an approval is granted for the first time under the methods and criteria of assessment concerned. The information shall be sufficient to understand what minimum performance levels the Approval Authority adopted for each specific requirement referred to in paragraph 5.3.2 as well as the processes and measures it applies to verify that these minimum performance levels are met. 3 1 E.g. ISO 26262-2018, ISO/PAS 21448, ISO/SAE 21434 2 https://www.unece.org/trans/main/wp29/datasharing.html 3 Guidance for the detailed information (e.g. method, criteria, performance level) to be uploaded and the format shall be given in the interpretation document which is under preparation by the Task Force on Cyber Security and Over-the-Air issues for the seventh session of GRVA. 6
ECE/TRANS/WP.29/2020/79 Revised 5.3.4. 5.3.5. 5.3.6. 5.3.7. 5.4. 6. 6.1. 6.2. 6.3. 6.3.1. 6.3.2. 6.4. Approval Authorities receiving the information referred to in paragraph 5.3.2 may submit comments to the notifying Approval Authority by uploading them to DETA within 14 days after the day of notification. If it is not possible for the granting Approval Authority to take into account the comments received in accordance with paragraph 5.3.4., the Approval Authorities having sent comments and the granting Approval Authority shall seek further clarification in accordance with Schedule 6 to the 1958 Agreement. The relevant subsidiary Working Party4 of the World Forum for Harmonization of Vehicle Regulations (WP.29) for this Regulation shall agree on a common interpretation of methods and criteria of assessment.5 That common interpretation shall be implemented and all Approval Authorities shall issue type approvals under this Regulation accordingly. Each Approval Authority granting a type approval pursuant to this Regulation shall notify other Approval Authorities of the approval granted. The type approval together with the supplementing documentation shall be uploaded in English language by the Approval Authority within 14 days after the day of granting the approval to DETA.6 The Contracting Parties may study the approvals granted based on the information uploaded according to paragraph 5.3.6. In case of any diverging views between Contracting Parties this shall be settled in accordance with Article 10 and Schedule 6 of the 1958 Agreement. The Contracting Parties shall also inform the relevant subsidiary Working Party of the World Forum for Harmonization of Vehicle Regulations (WP.29) of the diverging interpretations within the meaning of Schedule 6 to the 1958 Agreement. The relevant Working Party shall support the settlement of the diverging views and may consult with WP.29 on this if needed. For the purpose of paragraph 7.2. of this Regulation, the manufacturer shall ensure that the cyber security aspects covered by this Regulation are implemented. Certificate of Compliance for Cyber Security Management System Contracting Parties shall appoint an Approval Authority to carry out the assessment of the manufacturer and to issue a Certificate of Compliance for CSMS. An application for a Certificate of Compliance for Cyber Security Management System shall be submitted by the vehicle manufacturer or by their duly accredited representative. It shall be accompanied by the undermentioned documents in triplicate, and by the following particular: Documents describing the Cyber Security Management System. A signed declaration using the model as defined in Appendix 1 to Annex 1. In the context of the assessment, the manufacturer shall declare using the model as defined in Appendix 1 to Annex 1 and demonstrate to the satisfaction of the Approval Authority or its Technical Service that they have the necessary processes to comply with all the requirements for cyber security according to this Regulation. 4 The Working Party on Automated/Autonomous and Connected Vehicles (GRVA) 5 This interpretation shall be reflected in the interpretation document referred to in the footnote to 6 Further information on the minimum requirements for the documentation package will be developed paragraph 5.3.3. by GRVA during its seven session. 7
ECE/TRANS/WP.29/2020/79 Revised 6.5. 6.6. 6.7. 6.8. 6.9. 6.10. 6.11. When this assessment has been satisfactorily completed and in receipt of a signed declaration from the manufacturer according to the model as defined in Appendix 1 to Annex 1, a certificate named Certificate of Compliance for CSMS as described in Annex 4 to this Regulation (hereinafter the Certificate of Compliance for CSMS) shall be granted to the manufacturer. The Approval Authority or its Technical Service shall use the model set out in Annex 4 to this Regulation for the Certificate of Compliance for CSMS. The Certificate of Compliance for CSMS shall remain valid for a maximum of three years from the date of deliverance of the certificate unless it is withdrawn. The Approval Authority which has granted the Certificate of Compliance for CSMS may at any time verify that the requirements for it continue to be met. The Approval Authority shall withdraw the Certificate of Compliance for CSMS if the requirements laid down in this Regulation are no longer met. The manufacturer shall inform the Approval Authority or its Technical Service of any change that will affect the relevance of the Certificate of Compliance for CSMS. After consultation with the manufacturer, the Approval Authority or its Technical Service shall decide whether new checks are necessary. In due time, permitting the Approval Authority to complete its assessment before the end of the period of validity of the Certificate of Compliance for CSMS, the manufacturer shall apply for a new or for the extension of the existing Certificate of Compliance for CSMS. The Approval Authority shall, subject to a positive assessment, issue a new Certificate of Compliance for CSMS or extend its validity for a further period of three years. The Approval Authority shall verify that the CSMS continue to comply with the requirements of this Regulation. The Approval Authority shall issue a new certificate in cases where changes have been brought to the attention of the Approval Authority or its Technical Service and the changes have been positively re- assessed. The expiry or withdrawal of the manufacturer’s Certificate of Compliance for CSMS shall be considered, with regard to the vehicle types to which the CSMS concerned was relevant, as modification of approval, as referred to in paragraph 8, which may include the withdrawal of the approval if the conditions for granting the approval are not met anymore. 7. Specifications 7.1. 7.1.1. 7.2. 7.2.1. 7.2.2. 7.2.2.1. General specifications The requirements of this Regulation shall not restrict provisions or requirements of other UN Regulations. Requirements for the Cyber Security Management System For the assessment the Approval Authority or its Technical Service shall verify that the vehicle manufacturer has a Cyber Security Management System in place and shall verify its compliance with this Regulation. The Cyber Security Management System shall cover the following aspects: The vehicle manufacturer shall demonstrate to an Approval Authority or Technical Service that their Cyber Security Management System applies to the following phases: (a) (b) (c) Development phase; Production phase; Post-production phase. 8
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