NIS2 Directive and the Future of Cybersecurity in Europe

The previous version of NIS identified healthcare, transport, digital infrastructure, water supply, banking, financial market infrastructure, and energy as "essential" sectors. 
 

Essential entities must comply with supervision requirements, while important entities will only be subject to ex-post supervision (action will be taken only if authorities receive evidence of noncompliance). 

The goal of Article 21 of NIS2 is to protect network and information systems and the physical environment of those systems from incidents and shall include at least the following:
 

(a) policies on risk analysis and information system security;
(b) incident handling;
(c) business continuity, such as backup management, disaster recovery, and crisis management;
(d) supply chain security, including security-related aspects concerning the relationships between each entity and its direct suppliers or service providers;
(e) security in the network and information systems acquisition, development, and maintenance, including vulnerability handling and disclosure;
(f) policies and procedures to assess the effectiveness of cybersecurity risk-management measures;
(g) basic cyber hygiene practices and cybersecurity training;
(h) policies and procedures regarding the use of cryptography and, where appropriate, encryption;
(i) human resources security, access control policies, and asset management;
(j) the use of multi-factor authentication or continuous authentication solutions, secured voice, video, and text communications, and secured emergency communication systems within the entity, where appropriate.

The most significant change is how the NIS2 Directive details the mandatory multi-stage incident reporting process and the content that must be included.
 

Early Warning 

Within 24 hours. An initial report must be submitted to the competent authority or the nationally relevant CSIRT within 24 hours of a cybersecurity incident. The initial report should provide an early warning where there may be cross-border impact or maliciousness involved.
 

Follow-Up 

Within 72 hours. A more detailed notification report must be communicated within 72 hours. It should contain an assessment of the incident, including its severity, impact, and indicators of compromise. The impacted entity should also report the incident to law enforcement authorities if it was criminal. 
 

Temporary Update 

Submit a temporary report updating the information provided so far, at the request of the CSIRT
 

Final Report 

A final report must be submitted within one month after the initial notification or first report. The report must include:
 

• A detailed description of the incident
• The severity and consequences
• The type of threat or cause likely to have led to the incident
• All applied and ongoing mitigation measures

Under the NIS2 Directive, entities must report any major cyber threat they identify that could result in a significant incident, leading to: 

• Material operational disruption or financial losses for the entity concerned. 
• Significant material or immaterial damage affecting natural or legal persons. 

Failure to comply with the NIS2 Directive comes with stricter penalties than NIS. Under the NIS2 Directive, penalties for non-compliance differ for essential entities and important entities.
 

• For essential entities, administrative fines can be up to €10,000,000 or at least 2% of the total annual worldwide turnover in the previous fiscal year of the company to which the essential entity belongs, whichever amount is higher. 
• For important entities, administrative fines can be up to €7,000,000 or at least 1.4% of the total annual worldwide turnover in the previous fiscal year of the company to which the important entity belongs, whichever amount is higher.