What Is the NIS2 Directive?

Timeline of NIS2

The NIS2(Network and Information Security) Directive entered into force on January 16, 2023. EU member states are required to transpose its provisions into national law by October 17, 2024.

Goal of NIS2

The NIS2 Directive is an update of the EU's cybersecurity regulations aimed at enhancing the security of networks and information systems across critical sectors. It expands the scope of the original NIS Directive, covering more sectors such as energy, transport, health, and digital infrastructure.

History of NIS2

The NIS2 Directive builds upon the original NIS directive from 2016 by expanding the scope and imposing stricter security measures.

NIS2 Compliance

Entities classified as either "essential" or "important" must conduct mandatory risk assessments, ensure supply chain security, and follow detailed incident reporting protocols within set timeframes (e.g., an initial alert within 24 hours).

NIS2 Penalties

NIS2 introduces severe penalties for non-compliance, with fines reaching up to €10 million or 2% of global annual revenue. Additionally, it holds senior management accountable for negligence-related breaches.

Global Impact of NIS2

The directive aims to unify cybersecurity measures across EU member states. However, it applies not only to EU-based organizations but also to international businesses operating within the EU, highlighting its global reach.

How Dangerous Is a Delay in Implementing NIS2?

Does this mean that company managers can sit back and relax? Quite the opposite! Just because the legal requirements have not yet officially entered into force in many countries, this does not mean that the risks have diminished.

Even without a cyber-specific legal obligation, companies must take adequate measures to protect their business processes. Since most business processes are based on information technology, IT and OT security are essential for the smooth functioning of the economy.

 

Is NIS2 Directive Management's Responsibility?

Although the NIS2 Directive has not yet been fully implemented in all countries, this does not mean that directors and officers do not have a liability. On the contrary, directors have a duty to protect their company, its stakeholders and customers from harm. This obligation also arises from existing laws, such as commercial law , company law   , and already established industry-specific regulations.    CEOs and managers must analyze the risks to which their organizations are exposed and take appropriate measures to avert damage.

A sound risk analysis, appropriate security measures and a rapid response to cyber attacks always pay off - regardless of whether there is a legal requirement to do so or not. Companies that are proactive and invest in their cyber resilience will be better protected in the long run, and will be able to recover more quickly in the event of an attack. 

 

Do I Need to Comply with NIS2?

Cybersecurity is and will remain a central challenge that companies increasingly have to face, regardless of the legal situation. IT and OT security are key factors for the long-term success and stability of organizations and the economy as a whole. Early and comprehensive preparation for potential cyber threats is the best way to secure the future - with or without legislation.

 

Resources

Holger Skurk, OMICRON

Holger Skurk

OT Cybersecurity Product Manager, OMICRON electronics GmbH

Holger focuses on critical infrastructure protection. In his two decades of experience, he has held senior positions in leading cybersecurity consulting firms, and brings deep expertise in securing operational technologies.