The NIS Directive (Network and Information Security), adopted by the European Union in 2016 (Directive UE 2016/1148), represents the first EU regulatory framework dedicated to improving the security of networks and information systems in Europe. Its introduction responds to the growing dependence on digital technologies in essential sectors and the need to address increasingly sophisticated cyber threats.
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Main objectives of the NIS Directive
- Strengthening the resilience of critical infrastructure: ensuring that key sectors such as energy, transport, finance, health and water are adequately protected against cyber threats.
- Risk management: requiring operators of essential services (OSEs) and digital service providers (DSPs) to implement adequate security measures to prevent and mitigate incidents.
- Cooperation between Member States: creating a framework for exchanging information and coordinating responses to security incidents at European level.
Scope
The NIS Directive applies to:
- Operators of Essential Services (OSEs), which include sectors such as energy, transport, finance, health and water distribution.
- Digital Service Providers (DSPs), such as search engines, e-commerce platforms and cloud services.
Impacts of the NIS Directive
The Directive has led to the introduction of regulatory obligations for Member States and the organisations concerned, such as:
- The designation of national competent authorities for supervision.
- The creation of cyber security incident response teams (CSIRTs).
- Adopting technical and organizational measures to ensure an adequate level of security.
What's new in the NIS2 Directive
In December 2022, the European Union adopted the NIS2 Directive (Directive EU 2022/2555), which updates and expands the original regulatory framework to address new challenges posed by technological evolution and cyber threats. NIS2 will enter into force in the various Member States by 18 October 2024, replacing the original NIS Directive.
Why a new Directive?
Despite the progress made with NIS, some limitations have emerged, including:
- Uneven application across Member States.
- Too narrow scope.
- Need to strengthen cross-border cooperation.
NIS2 was designed to overcome these challenges and make Europe more resilient to cyber threats.
Main changes in the NIS2 Directive
1. Expansion of the scope: NIS2 includes a greater number of sectors considered critical, such as waste management, food production, public administrations, postal and logistics providers.
The criterion of the size of the organization is introduced, excluding micro-enterprises (less than 10 employees or turnover less than 2 million euros), with some exceptions.
2. More stringent security requirements: Organizations must implement more advanced risk management measures, such as vulnerability management and the adoption of cyber resilience strategies.
Greater emphasis is placed on supply chain security.
3. Improved governance: Introduction of responsibilities for company managers regarding compliance with the directive.
Obligation for staff to train on cybersecurity issues.
4. Increased reporting obligations: Organizations must notify significant incidents within 24 hours and provide a full report within 72 hours.
5. Strengthening European cooperation: Creation of the "European Cyber Crises Liaison Organisation Network" (EU-CyCLONe) to improve coordination in large-scale cyber crisis responses.
Enhanced information exchange between national authorities and private actors.
Impacts of NIS2
The NIS2 Directive aims to:
- Improve the consistency of cybersecurity rules across Member States.
- Increase trust in digital services and critical infrastructures.
- Ensure better protection of European economies and societies against cyber threats.
Why it matters
The NIS and NIS2 directives are key steps towards building a more secure and cyber resilient Europe. With NIS2 coming into force, organisations will face new challenges in meeting the more stringent regulatory requirements, but this will bring benefits in terms of security and business continuity. Member States and businesses must work together to ensure effective and consistent implementation of the directive, helping to create a safer digital ecosystem for all.
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