The Republic of Moldova is committed to aligning its national legislation with the European Union acquis as part of its EU accession process. Regulation (EU) 2019/881 establishes a European cybersecurity certification framework and reinforces the mandate of ENISA, while requiring Member States to designate national authorities and ensure enforcement mechanisms.

In this context, the assignment aims to support the development of a coherent and effective national normative framework for cybersecurity certification, including the establishment of institutional arrangements and procedures necessary for implementation.

A national expert will be contracted to provide legal and technical assistance for drafting a Law and a Government Decision (GD) and related documentation, ensuring consistency with EU requirements and the Moldovan legal system.

The assignment is expected to require approximately 60 working days over a period of 3 to 6 months, allowing for consultation and validation with relevant national stakeholders.

The expert will work under the supervision of the Deputy Program Director, based in Chisinau (Moldova).

On top of professional competences, the role requires a high degree of autonomy and interpersonal skills. Strong connections with local stakeholders are crucial for the project's success. 

General objectives of the assignment

The general objective of this assignment is to support the Republic of Moldova in aligning its national legal and institutional framework with the European Union acquis in the field of cybersecurity, in particular through the implementation of Regulation (EU) 2019/881 (Cybersecurity Act).

Specific objectives of the assignment

The specific objectives of this assignment are:

·       To analyse the provisions of Regulation (EU) 2019/881 and identify those requiring national implementing measures;

·       To assess the existing national legal and institutional framework in the field of cybersecurity certification;

·       To draft a law transposing Regulation (EU) 2019/881, establishing the national cybersecurity certification mechanism;

·       To define the institutional setup for the national cybersecurity certification system, including the designation of competent authorities;

·       To prepare supporting documents required under national legislative procedures, including the explanatory note (containing a detailed description of the impact on the business environment and the public sector) and compliance (concordance) table with Regulation (EU) 2019/881.

Tasks

The expert shall perform, inter alia, the following tasks:

Phase 1 – Analysis and Gap Assessment

·       Analyse Regulation (EU) 2019/881 and distinguish between directly applicable provisions and those requiring national measures;

·       Review the existing national legal and institutional framework in the field of cybersecurity, including certification mechanisms (norms, standards, procedures applicable to ICT products, services and processes);

·       Identify gaps, inconsistencies and required amendments;

·       Prepare a legal gap analysis report including institutional recommendations.

Phase 2 – Legal Drafting

·       Draft a law ensuring the transposition of Regulation (EU) 2019/881, establishing the national cybersecurity certification mechanism, together with all related supporting documentation, ensuring consistency with EU requirements and the Moldovan legal system;

·       Prepare the explanatory note for the draft law in accordance with national legislative requirements, based on the examples and structure provided by the relevant national authority;

·       Develop a compliance / concordance table mapping EU provisions against draft law stipulations.

Phase 3 – Consultation and Finalisation

·       Present draft outputs to relevant stakeholders (e.g. MEDD, ASC, MOLDAC, and others);

·       Revise documents based on feedback;

·       Provide support during the consultation, submission and approval process.

Expected deliverables and indicative delivery plan