The NIS 2 Directive replaces the previous Network and Information Security (NIS) Directive, which was the first piece of EU-wide legislation on cybersecurity. Its specific aim was to achieve a high common level of cybersecurity across the Member States .

While the NIS Directive increased the Member States’ cybersecurity capabilities, its implementation proved difficult, resulting in fragmentation at different levels across the internal market. To respond to the growing threats posed by digitalization and the surge in cyber-attacks, the Commission submitted a proposal to replace the NIS Directive and thereby strengthen security requirements, address security of supply chains, streamline reporting obligations, and introduce more stringent supervisory measures and stricter enforcement requirements, including harmonized sanctions across the EU .

Consequences

The proposed expansion of the scope covered by NIS 2, by effectively obliging more entities and sectors to take measures, would assist in increasing the level of cybersecurity in Europe in the longer term . The NIS 2 Directive establishes very strict sanctions for breaches of its obligations. In contrast to the previous NIS Directive, which merely required Member States to set forth effective, proportionate and dissuasive penalties for non-compliance, the NIS 2 Directive introduces a much stricter regime .

NIS 2 will introduce a fining regime for non-compliance. The potential maximum fines for non-compliance could reach either

(i) €10 million or 2% of global annual turnover for “essential” entities or

(ii) €7 million or 1.4% of global annual turnover for “important” entities .

1. Scope of Application

• Expansion of Affected Entities: NIS2 extends its requirements beyond the sectors covered by the original NIS Directive, including essential and important entities across various sectors such as energy, transport, health, and digital services.

2. Risk Management Measures

• Comprehensive Security Requirements: Entities are required to implement appropriate technical and organizational measures to manage the risks posed to the security of network and information systems, including measures for incident handling, business continuity, and supply chain security.

3. Incident Response and Reporting

• Incident Reporting Obligations: NIS2 mandates strict incident reporting requirements, where entities must notify relevant national authorities about significant cybersecurity incidents with potentially severe operational impacts, within a short timeframe.

4. Supply Chain Security

• Security of Supply Chains and Supplier Relationships: Entities need to address cybersecurity risks not only within their own operations but also across their supply chains, ensuring that suppliers meet security requirements to protect against potential vulnerabilities and threats.

5. Interoperability and Cooperation

• Enhanced Cooperation Among States: NIS2 emphasizes improved information sharing and coordinated response among EU member states, with mechanisms for cross-border collaboration in cybersecurity threat detection, response, and recovery.

6. Security and Network Systems

• Strengthening of Security Practices: Detailed requirements on securing network and information systems, ensuring the integrity, availability, and confidentiality of services, particularly in critical infrastructure sectors.

7. Regulatory Oversight and Compliance

• Increased Enforcement Powers: Regulatory authorities are granted more significant powers to enforce the Directive, including the ability to conduct audits, review compliance, and impose sanctions on entities failing to meet the cybersecurity requirements.

8. Financial Penalties

• Penalties for Non-Compliance: NIS2 introduces substantial financial penalties for non-compliance, aimed at ensuring that entities take their cybersecurity obligations seriously.

9. Cybersecurity Measures Specificity

• Detailed Guidelines and Standards: The Directive encourages the use of established standards and specifications to fulfill the required security measures, promoting best practices in cybersecurity management.

By addressing these key topics, NIS2 aims to significantly raise the level of cybersecurity across the EU, ensuring a uniform level of security in critical sectors and enhancing the resilience of the internal market against cyber threats.