How does expanded regulation impact cybersecurity in the EU and what will it mean for businesses?
Jason Koestenblatt
Manager, Content Marketing
November 27, 2024
In today’s increasingly interconnected world, the importance of robust cybersecurity cannot be overstated. With cyberattacks growing in sophistication and scale, governments worldwide are scrambling to protect critical infrastructure and sensitive data. In the European Union, one such response is the implementation of the NIS2 Directive — a bold step in reinforcing cybersecurity across member states.
OneTrust sees NIS2 as an important step towards enhancing cybersecurity in critical sectors that consumers rely on.
But what exactly does NIS2 entail, and why is it so crucial for businesses, governments, and individuals alike?
The NIS2 Directive, short for Directive on Security of Network and Information Systems, is an updated piece of legislation designed to enhance the overall cybersecurity framework within the European Union. It was adopted in 2022, building on its predecessor, the original NIS Directive from 2016. NIS2 introduces a more comprehensive and stringent approach to cybersecurity, addressing a broader range of sectors, including critical infrastructure, energy, healthcare, and finance.
The aim of NIS2 is simple yet profound: to create a resilient digital environment across Europe by improving the cybersecurity capabilities of essential and important entities. By setting clear standards for cybersecurity governance, incident reporting, risk management, and cross-border collaboration, the directive strives to mitigate the risks posed by cyber threats.
Under the NIS2 Directive, the scope of affected entities has expanded considerably compared to the original NIS Directive. Now, more sectors and types of organizations are subject to its requirements. These include:
The directive also places an emphasis on supply chains, recognizing that cybersecurity vulnerabilities in one entity can have a cascading effect on others. This interconnected approach encourages organizations to not only focus on their own defenses but to also ensure their partners and suppliers maintain high cybersecurity standards.
The NIS2 Directive lays down a comprehensive framework for improving cybersecurity across Europe. Key provisions include:
NIS2 requires organizations to adopt a risk-based approach to cybersecurity. This involves identifying, assessing, and mitigating risks in a systematic manner. Entities are also expected to establish clear internal governance structures for managing cybersecurity and to implement incident response plans to swiftly address breaches when they occur.
NIS2 enhances the requirement for reporting cybersecurity incidents. Organizations must now report significant security incidents to the relevant authorities within 24 hours of detection. This rapid reporting is essential in ensuring that threats are identified early and mitigated before they cause widespread damage.
The directive places significant emphasis on securing supply chains. Given the growing complexity and interdependency of global supply chains, NIS2 mandates that organizations assess and manage the cybersecurity risks posed by third-party suppliers and partners. This is an attempt to close the often-overlooked vulnerabilities in the supply chain that can be exploited by cybercriminals.
Different than the initial NIS Directive, NIS2 is less voluntary and will impose financial penalties similar to those of GDPR and DORA. NIS2 introduces stronger enforcement mechanisms. Member states must establish clear national cybersecurity authorities with the power to impose fines and sanctions on organizations that fail to comply with the directive. These penalties can be steep—up to 2% of a company’s annual turnover—emphasizing the importance of adhering to the cybersecurity standards set forth in the directive. Additionally, there are possible implications for c-level executives that fail to comply with the directive.
NIS2 facilitates cross-border cooperation and information sharing between member states. By strengthening the EU’s collective response to cyber threats, the directive ensures that member states can share best practices, conduct joint cybersecurity exercises, and respond swiftly to incidents that may affect multiple countries.
The digital landscape is evolving at an astonishing pace, and with it, the threats posed by cybercriminals. From ransomware attacks targeting hospitals to the theft of sensitive data from government agencies, cyber incidents have the potential to cripple entire sectors. NIS2 addresses this growing threat by not only tightening regulations but also fostering a culture of proactive cybersecurity within organizations.
Furthermore, NIS2 helps standardize cybersecurity practices across the EU. In a union of diverse countries with varying levels of digital maturity, uniform standards are crucial for ensuring that no member state is left behind. This harmonization helps mitigate the risks associated with fragmented cybersecurity approaches, making it easier to manage cross-border cyber threats.
As the NIS2 Directive begins to take effect, organizations across the EU must begin aligning their cybersecurity practices with its requirements. The directive is a reminder that cybersecurity is not a one-off task but an ongoing commitment. Organizations must invest in technologies, training, and processes to safeguard their networks and data against an ever-evolving landscape of cyber threats.
In an era where digital transformation is paramount, NIS2 ensures that as Europe embraces new technologies, it does so with a solid foundation of cybersecurity. The directive is more than a regulatory framework; it’s a call to action for organizations to strengthen their defenses, secure their digital infrastructure, and contribute to a safer, more resilient digital Europe.
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