Full text

(blue star)

up-to-date-link (EU will update in case of updated version):

EU Directive 2022/2555 (NIS 2)

Who is affected?

article 2

NIS 2 regulates companies based on their size and sector.

  • medium-sized or larger public and private entities

  • from sectors referred to in Annex I or II

  • which provide their services / carry out their activities in EU

article 2 (2.)

Some sectors are affected regardless of their size:

  • providers of public electronic communication networks and services

  • trust providers

  • top-level domain name registries / service providers

article 2 (2.) establishes additional criteria that determine when a company is subject to regulation, regardless of its size.

  • Sectors that are critical for society (green = added compared to NIS / KRITIS)

    • Chemicals

    • Digital infrastructure

    • Digital providers

    • Water supply

    • Energy

    • Finance

    • Food

    • Health

    • Manufacturing

    • Postal services

    • Public Administration

    • Research

    • Space

    • Transport

    • Waste Management

  • New limits per sector compared to NIS

Penalties

  • Up to 10 Mio. € or 2% of annual revenue

  • personal liability of CEO and senior management ("leitende Angestellte")

Status

  • Deadline for national laws: đź“… October 2024

  • Germany: NIS2UmsuCG

    • no transition period

    • no proactive controls before October 2027

    • latest draft: 29.11.2024

    • currently on hold due to elections in February 2025

Obligations

  • Risk Management & handling

    • incl. supply chain / procurement

  • Incident Management

  • Requirements for cryptography usage and encryption

  • Business Continuity Management (BCM)

    • including: Secured emergency communication system

  • Assess effectiveness of measures

  • Human Resources Security

  • Training of employees

  • Access control

  • Asset management

  • Multi Factor Authentication and SSO

  • Use of secure communication (voice, video, text)

  • Reporting obligation to national cyber security authority

  • Registration

  • Obligations differ between middle sized companies / large enterprises

  • (blue star) Operators of critical systems (“Betreiber kritischer Anlagen”)

    • have to use IDS

    • need to provide evidence (KRITIS-PrĂĽfungen)

General

Situation in Germany