NIS-2-Directive: What the Requirements Mean For Companies

The risk of cyber attacks is growing year on year. In order to counter this development and strengthen important infrastructures, the European Union has launched the NIS 2 Directive. Read the article to find out whether your company is affected and which requirements you need to fulfil.

New Requirements For More Cyber Security

The NIS-2 Directive (NIS = Network and Information Security) is intended to improve cyber security in the European Union - for example by increasing the requirements for dealing with risks. Important innovations include:

Extended Scope of Application: The directive covers even more sectors and companies.

Increased Security Requirements: Affected companies are obliged to implement cyber security measures.

Reporting Obligations: If security incidents occur, you are obliged to report these incidents.

Cooperation: EU countries should cooperate more closely and exchange information in a targeted manner.

Sanctions: If you do not comply with the legal requirements, you will face severe penalties.

In this way, the directive aims to help affected companies achieve greater cyber resilience with appropriate measures. In the long term, awareness of the risks within your own company should grow - for example, by regularly analysing threats and their consequences. In the best case scenario, those affected can understand the dependencies between different systems and their consequences and constantly adapt security measures to the current threat situation.

 

NIS-2 Directive: These Companies Are Affected

The NIS 2 Directive is particularly relevant for the following companies:

The NIS 2 Directive distinguishes between essential and important facilities.

Large companies Medium-sized companies
  • More than 250 employees
  • Tasks within the critical infrastructure
  • Fulfilment of risk measures
  • Regular security checks
  • Cybersecurity incidents must be reported within 24 hours, update after 3 and after 30 days
  • Company management can be held liable for breaches

 

  • Less than 250 employees
  • Belongs to the NIS 2-relevant sector
  • Fulfilment of risk measures
  • Official review in case of suspicion
  • Cybersecurity incidents must be reported within 24 hours, update after 3 and after 30 days
  • Company management can be held liable for violations

 

-> Essential facility

-> Important facility
  • Belongs to the critical sector
  • Fulfilment of risk measures
  • Official review in case of suspicion
  • Cybersecurity incidents must be reported within 24 hours, update after 3 and after 30 days
  • Company management can be held liable for breaches

 

 
-> Important facility  

 

Smaller companies may be affected by the legislation if they offer a critical service.

Tip:

The Cyber Resilience Act also aims to improve cyber security in Europe. Read our article to find out which security standards apply to affected companies.

Affected by NIS-2: What You Need To Do!

Is your company affected? Then you will be subject to various obligations:

In some member states, further legal regulations are planned:

These risk and reporting measures are mandatory for both essential and important facilities. The only difference is that compliance with the measures in essential facilities is checked at regular intervals - in important facilities this is only done on suspicion. In addition, all facilities must register with the national responsible authority.

Cyberattack: How To React Correctly

You must make an initial report of an incident within the next 24 hours. The report is sent to the responsible supervisory authority. After three and 30 days, you provide an update on your handling of the situation. This is intended to provide the most accurate overview possible of the current threat situation. In addition, the authorities want to evaluate the effectiveness of the measures taken in the long term.

Violations of NIS-2: These Sanctions Are Imminent

If you do not comply with the legal requirements, you must expect fines. The amount depends on the importance of the facility. For significant facilities, the fine is up to two per cent of the annual turnover or a maximum of ten million euros. If you are part of the management, you can also be held liable personally. Supervisory authorities are authorised to monitor and issue instructions.

With its risk-based approach, the NIS 2 Directive aims to improve cyber security systematically. Affected companies should start implementing it at an early stage in order to arm themselves against the increasing threats posed by cyber risks.