Articles

The new EU Network and Information Systems Directive has entered in force

The new EU Network and Information Systems Directive has entered in f

The new EU Network and Information Systems Directive has entered in force

13.10.2016

The NIS (network and information systems) Directive was adopted on 6 July 2016 and entered into force on 8 August 2016. This is the first European-wide legislation on cybersecurity.

Andrus Ansip, the EU Commission Vice- President for the Digital Single Market declared, “If we want people and businesses to make the most of digital services, they need to trust them. A Digital Single Market can only be created in a secure online environment.” The Directive aims to generate a global approach towards cybersecurity in Europe based on common, minimum capacity-building and planning requirements, exchange of information, cooperation, and common security and notification requirements for operators of essential services and digital service providers. To these ends, the NIS Directive also set up two working groups: (i) the Cooperation Group to facilitate cooperation and exchange of information between Member States and (ii) a network of computer security incident response teams (a “CSIRTs network”).

The NIS Directive applies to both digital service providers and operators of essential services. The latter will have to be identified by Members States and can be private or public entities operating in the following industries: energy, transportation, banking and financial markets, health care, drinking water supply and distribution, and digital infrastructure. Digital service providers include online market places (e.g. e-commerce platforms), cloud computing services, and online search engines. Because digital service providers bear a lesser risk than operators of essential services, the security obligations imposed on them are lighter. It is also worth mentioning that hardware manufacturers and software developers do not qualify as operators of essential services. In addition, micro- and small-enterprises do not have to abide by the requirements imposed on digital service providers, although they would qualify as such.

A Member State will have jurisdiction over the operators of essential services that it will have identified as such, as well as over digital service providers having their main establishment in this Member State, i.e. generally if the provider has its head office in that country. A digital service provider based outside the EU can also fall under the scope of the NIS Directive if it offers services within the EU (the mere accessibility in the EU of the service offered or an intermediary’s website being not sufficient). In such scenario, this non-EU entity will have to designate a representative in the Member State where it offers its services.

Member States have now up to 9 May 2018 to implement in their national laws the provisions of the NIS Directive. Companies should, as from now, get themselves prepared and ask themselves whether they fall under the scope of the NIS Directive. If they do, they should start reviewing their security processes and follow the implementing laws and practical guidance closely that will be adopted in their respective countries.

Team

Related news

02.10.2019 EU law
Seminar: Data protection implications of (a no-deal) Brexit

Seminar - On October 25th at 9.30 am, we organize a seminar where we will discus the implications of a (no-deal) Brexit on data protection.  These issues affect all businesses interacting between UK and EEA (including EU) and which send or receive data to and from UK. We will highlight the main challenges both in the case of a hard Brexit on 31 October 2019 and in other scenarios. We will also offer guidelines to help your organisation mitigate the respective risks.

Read more

14.10.2019 NL law
Kamerdebat over digitalisering van de overheid: aandacht voor bescherming burger vereist

Short Reads - Op 24 september 2019 zijn er vier moties in stemming gebracht én aangenomen door de Tweede Kamer. De moties hebben als gemeenschappelijke deler dat ze in het teken staan van de steeds groter wordende digitalisering bij de overheid. Het achterliggende doel van de moties is dat de burger voldoende beschermd moet worden tegen deze digitalisering.

Read more

27.09.2019 NL law
Stibbe is attending the IBA's annual conference in Seoul

Conference - The annual conference of the International Bar Association (IBA) is currently taking place in Seoul. There are fourteen partners from Stibbe attending the event. Several of them have speaking slots on a wide range of legal topics and will take part in various panel discussions.

Read more

28.08.2019 NL law
Masterclass: e-signature and electronic identifiers

Masterclass - Stibbe is organising a Masterclass on 26 September 2019 in Amsterdam on the subject of e-signature and electronic identifiers. This Masterclass will cover the legal framework and focus especially on the numerous possibilities for applying the various electronic signatures in different situations. In addition, we explain the regulations governing electronic identifiers, and the mandatory European recognition they receive.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring