Consilena

European UnionDirective

Network and Information Security Directive – Directive (EU) 2022/2555

Current as of 46 provisionsNIS2

Provisions

46 in the library

Chapter I – General provisions6
  1. Art. 1

    Subject matter

    1. This Directive lays down measures that aim to achieve a high common level of cybersecurity across the Union, with a view to improving the functioning of the…

  2. Art. 2

    Scope

    1. This Directive applies to public or private entities of a type referred to in Annex I or II which qualify as medium-sized enterprises under Article 2 of the…

  3. Art. 3

    Essential and important entities

    1. For the purposes of this Directive, the following entities shall be considered to be essential entities: (a) entities of a type referred to in Annex I which…

  4. Art. 4

    Sector-specific Union legal acts

    1. Where sector-specific Union legal acts require essential or important entities to adopt cybersecurity risk-management measures or to notify significant…

  5. Art. 5

    Minimum harmonisation

    This Directive shall not preclude Member States from adopting or maintaining provisions ensuring a higher level of cybersecurity, provided that such provisions…

  6. Art. 6

    Definitions

    For the purposes of this Directive, the following definitions apply: (1) ‘network and information system’ means: (a) an electronic communications network as…

Chapter II – Coordinated cybersecurity frameworks7
  1. Art. 7

    National cybersecurity strategy

    1. Each Member State shall adopt a national cybersecurity strategy that provides for the strategic objectives, the resources required to achieve those…

  2. Art. 8

    Competent authorities and single points of contact

    1. Each Member State shall designate or establish one or more competent authorities responsible for cybersecurity and for the supervisory tasks referred to in…

  3. Art. 9

    National cyber crisis management frameworks

    1. Each Member State shall designate or establish one or more competent authorities responsible for the management of large-scale cybersecurity incidents and…

  4. Art. 10

    Computer security incident response teams (CSIRTs)

    1. Each Member State shall designate or establish one or more CSIRTs. The CSIRTs may be designated or established within a competent authority. The CSIRTs…

  5. Art. 11

    Requirements, technical capabilities and tasks of CSIRTs

    1. The CSIRTs shall comply with the following requirements: (a) the CSIRTs shall ensure a high level of availability of their communication channels by…

  6. Art. 12

    Coordinated vulnerability disclosure and a European vulnerability database

    1. Each Member State shall designate one of its CSIRTs as a coordinator for the purposes of coordinated vulnerability disclosure. The CSIRT designated as…

  7. Art. 13

    Cooperation at national level

    1. Where they are separate, the competent authorities, the single point of contact and the CSIRTs of the same Member State shall cooperate with each other with…

Chapter III – Cooperation at union and international level6
  1. Art. 14

    Cooperation Group

    1. In order to support and facilitate strategic cooperation and the exchange of information among Member States, as well as to strengthen trust and confidence…

  2. Art. 15

    CSIRTs network

    1. In order to contribute to the development of confidence and trust and to promote swift and effective operational cooperation among Member States, a network…

  3. Art. 16

    European cyber crisis liaison organisation network (EU-CyCLONe)

    1. EU-CyCLONe is established to support the coordinated management of large-scale cybersecurity incidents and crises at operational level and to ensure the…

  4. Art. 17

    International cooperation

    The Union may, where appropriate, conclude international agreements, in accordance with Article 218 TFEU, with third countries or international organisations…

  5. Art. 18

    Report on the state of cybersecurity in the Union

    1. ENISA shall adopt, in cooperation with the Commission and the Cooperation Group, a biennial report on the state of cybersecurity in the Union and shall…

  6. Art. 19

    Peer reviews

    1. The Cooperation Group shall, by 17 January 2025, establish, with the assistance of the Commission and ENISA, and, where relevant, the CSIRTs network, the…

Chapter IV – Cybersecurity risk-management measures and reporting obligations6
  1. Art. 20

    Governance

    1. Member States shall ensure that the management bodies of essential and important entities approve the cybersecurity risk-management measures taken by those…

  2. Art. 21

    Cybersecurity risk-management measures

    and reporting obligations — Art. 21 NIS2 — Cybersecurity risk-management measures 1. Member States shall ensure that essential and important entities take…

  3. Art. 22

    Union level coordinated security risk assessments of critical supply chains

    1. The Cooperation Group, in cooperation with the Commission and ENISA, may carry out coordinated security risk assessments of specific critical ICT services…

  4. Art. 23

    Reporting obligations

    1. Each Member State shall ensure that essential and important entities notify, without undue delay, its CSIRT or, where applicable, its competent authority in…

  5. Art. 24

    Use of European cybersecurity certification schemes

    1. In order to demonstrate compliance with particular requirements of Article 21, Member States may require essential and important entities to use particular…

  6. Art. 25

    Standardisation

    1. In order to promote the convergent implementation of Article 21(1) and (2), Member States shall, without imposing or discriminating in favour of the use of…

Chapter V – Jurisdiction and registration3
  1. Art. 26

    Jurisdiction and territoriality

    1. Entities falling within the scope of this Directive shall be considered to fall under the jurisdiction of the Member State in which they are established…

  2. Art. 27

    Registry of entities

    1. ENISA shall create and maintain a registry of DNS service providers, TLD name registries, entities providing domain name registration services, cloud…

  3. Art. 28

    Database of domain name registration data

    1. For the purpose of contributing to the security, stability and resilience of the DNS, Member States shall require TLD name registries and entities providing…

Chapter VI – Information sharing2
  1. Art. 29

    Cybersecurity information-sharing arrangements

    1. Member States shall ensure that entities falling within the scope of this Directive and, where relevant, other entities not falling within the scope of this…

  2. Art. 30

    Voluntary notification of relevant information

    1. Member States shall ensure that, in addition to the notification obligation provided for in Article 23, notifications can be submitted to the CSIRTs or…

Chapter VII – Supervision and enforcement7
  1. Art. 31

    General aspects concerning supervision and enforcement

    1. Member States shall ensure that their competent authorities effectively supervise and take the measures necessary to ensure compliance with this Directive…

  2. Art. 32

    Supervisory and enforcement measures in relation to essential entities

    1. Member States shall ensure that the supervisory or enforcement measures imposed on essential entities in respect of the obligations laid down in this…

  3. Art. 33

    Supervisory and enforcement measures in relation to important entities

    1. When provided with evidence, indication or information that an important entity allegedly does not comply with this Directive, in particular Articles 21 and…

  4. Art. 34

    General conditions for imposing administrative fines on essential and important entities

    1. Member States shall ensure that the administrative fines imposed on essential and important entities pursuant to this Article in respect of infringements of…

  5. Art. 35

    Infringements entailing a personal data breach

    1. Where the competent authorities become aware in the course of supervision or enforcement that the infringement by an essential or important entity of the…

  6. Art. 36

    Penalties

    Member States shall lay down rules on penalties applicable to infringements of national measures adopted pursuant to this Directive and shall take all measures…

  7. Art. 37

    Mutual assistance

    1. Where an entity provides services in more than one Member State, or provides services in one or more Member States and its network and information systems…

Chapter VIII – Delegated and implementing acts2
  1. Art. 38

    Exercise of the delegation

    1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts…

  2. Art. 39

    Committee procedure

    1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference…

Chapter IX – Final provisions7
  1. Art. 40

    Review

    By 17 October 2027 and every 36 months thereafter, the Commission shall review the functioning of this Directive, and report to the European Parliament and to…

  2. Art. 41

    Transposition

    1. By 17 October 2024, Member States shall adopt and publish the measures necessary to comply with this Directive. They shall immediately inform the Commission…

  3. Art. 42

    Amendment of Regulation (EU) No 910/2014

    In Regulation (EU) No 910/2014, Article 19 is deleted with effect from 18 October 2024.

  4. Art. 43

    Amendment of Directive (EU) 2018/1972

    In Directive (EU) 2018/1972, Articles 40 and 41 are deleted with effect from 18 October 2024.

  5. Art. 44

    Repeal

    Directive (EU) 2016/1148 is repealed with effect from 18 October 2024. References to the repealed Directive shall be construed as references to this Directive…

  6. Art. 45

    Entry into force

    This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

  7. Art. 46

    Addressees

    This Directive is addressed to the Member States.

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