The EU Commission has adopted the first implementing rules on cybersecurity of critical entities and networks under a Directive on measures for high common level of cybersecurity across the Union.
The first EU-wide law on cybersecurity, the NIS Directive, came into force in 2016 helping to achieve a common level of security of network and information systems across the EU. As part of its key policy objective to make Europe fit for the digital age, the Commission proposed the revision of the NIS Directive in December 2020.
The NIS2 Directive aims to ensure high levels of cybersecurity in entities operating in sectors critical for the economy and society. This includes providers of public electronic communications services, ICT service management, digital services, wastewater and waste management, space, health, energy, transport, manufacturing of critical products, postal and courier services and public administration.
The implementing act details cybersecurity risk management measures as well as the cases in which an incident should be considered significant and companies providing digital infrastructures and services should report it to national authorities.
The implementing regulation will apply to categories of companies providing digital services, such as cloud computing service providers, data centre service providers, online marketplaces, online search engines and social networking platforms, to name a few.
For each category of service providers, the implementing act also specifies when an incident is considered significant.
The adoption of the implementing regulation coincides with the deadline for Member States to transpose the NIS2 Directive into national law. As of 18 October 2024, all Member States had to apply the measures necessary to comply with the NIS2 cybersecurity rules, including supervisory and enforcement measures.