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Dec 7, 2023
May 9, 2023

Navigating NIS2 for EU Businesses: Ensuring Compliance and Seizing Opportunities in the EU's Evolving Cybersecurity Landscape

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May 9, 2023

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If you haven't heard about the upcoming changes in the EU's cybersecurity regulations or have been too busy to dive into all the details, then fear not; we're here to help you unlock the NIS2 puzzle and thrive in this evolving landscape. With the Network and Information Security (NIS2) directive on the horizon, it's crucial for businesses operating in the EU to understand the new requirements and take appropriate measures to ensure compliance. Let's look at the new requirements with NIS2 and help you navigate through the maze of new obligations and opportunities.

What You Need to Know about NIS2?

The NIS2 directive is the latest EU-wide legislation aimed at strengthening cybersecurity and ensuring a higher level of protection for network and information systems across various sectors. With stricter enforcement requirements, sanctions, and an expanded scope covering new sectors, NIS2 will significantly impact a wide range of businesses operating in the EU.

Key aspects of NIS2 include:

  1. Increased focus on cyber risk management, penetration testing, incident response, and remediation
  2. Expanded scope to cover new sectors and smaller digital service providers
  3. Financial penalties based on a company's global turnover for non-compliance

Member of the European Parliament, Bart Groothuis said, "Ransomware and other cyber threats have preyed on Europe for far too long. We need to act to make our businesses, governments, and society more resilient to hostile cyber operations. This European directive is going to help around 160,000 entities tighten their grip on security and make Europe a safe place to live and work. It will also enable information sharing with the private sector and partners around the world. If we are being attacked on an industrial scale, we need to respond on an industrial scale."

Who's Affected by NIS2?

With NIS2 extending its reach to more businesses, it's vital to understand whether your organisation falls under the scope of the directive. NIS2 applies to both essential service operators and digital service providers across sectors such as:

  • Energy (electricity, oil, gas, district heating, and hydrogen)
  • Transport (air, rail, water, and road)
  • Banking
  • Manufacturing
  • Healthcare (including labs and research on pharmaceuticals and medical devices)
  • Digital Infrastructures (Telecom, DNS, TLD, data centres, trust services, cloud services)
  • Digital services (search engines, online markets, social networks)
  • Water and waste management
  • Postal and courier services
  • Chemicals (production and distribution)
  • Food (Production, processing, and distribution)

Non-EU businesses providing services to the EU market may also be subject to NIS2 obligations.

What are the penalties for non-compliance with the NIS2 directive?

Organisations that fail to comply with the NIS2 directive may be subject to substantial fines.

  • Essential entities can be fined up to €10 million or 2% of their global turnover, whichever is higher.
  • Important entities can be fined up to €7 million or 1.4% of their global turnover, whichever is higher.

In addition to monetary penalties, non-compliant organisations may face non-financial measures. These can include orders to comply, binding instructions, notification and reporting requirements for affected parties, and implementing changes based on security audit findings.

When does the NIS2 directive take effect?

The NIS2 directive was officially published on December 27, 2022, and entered into force on January 16, 2023. EU member states must incorporate NIS2 into their national laws by October 18, 2024. Affected organisations are also required to comply with the directive by this same deadline, October 18, 2024.

What Compliance Steps are needed for NIS2?

To ensure compliance and avoid potential penalties, businesses should take the following steps:

  1. Assess NIS2 applicability: Identify which services your organisation provides and determine whether they fall within the scope of the directive.
  2. Implement security measures: Conduct a risk assessment and implement appropriate measures to prevent and mitigate cybersecurity incidents.
  3. Establish incident reporting procedures: Set up processes for reporting and notifying cybersecurity incidents to the relevant national authority.
  4. Train employees: Provide training and awareness programs to educate employees about cybersecurity risks and their roles and responsibilities.
  5. Monitor and review compliance: Continuously monitor and review your organisation's compliance with NIS2, updating security measures as necessary.

Seizing Opportunities in the NIS2 Era

While the NIS2 directive presents challenges, it also offers opportunities for businesses to improve their cybersecurity posture and demonstrate commitment to protecting their networks and information systems. By complying with NIS2, your organisation can:

  1. Enhance your reputation and build customer trust
  2. Reduce the risk of cybersecurity incidents
  3. Gain a competitive edge in the market

What is the Impact of NIS2 on Manufacturers?

Manufacturers face unique challenges in the digital age as they become increasingly reliant on interconnected systems and automation. With the manufacturing industry being a prime target for cybercriminals, it's crucial for organisations in this sector to understand the implications of the NIS2 directive and take appropriate measures to protect their operations.

  1. Expanded Scope: NIS2 extends its reach to cover manufacturers in sectors such as chemicals, food and beverage, pharmaceuticals, and automotive, among others. This means that many manufacturing organisations will now fall under the scope of the directive and must comply with its requirements.
  2. Supply Chain Security: Manufacturers often rely on complex and interconnected supply chains, which can expose them to cyber risks if their partners do not have robust cybersecurity measures in place. NIS2 requires businesses to assess and manage supply chain risks, ensuring that suppliers and partners meet the same cybersecurity standards.
  3. Industrial Control Systems (ICS) and Operational Technology (OT): Manufacturers must pay special attention to the security of their ICS and OT environments, which control critical processes and production lines. NIS2 compliance involves implementing security measures to protect these systems from cyber threats, including regular vulnerability assessments, network segmentation, and incident response plans.
  4. Intellectual Property (IP) Protection: Manufacturers often possess valuable IP, which can be targeted by cybercriminals seeking to steal trade secrets or disrupt operations. Compliance with NIS2 will involve implementing measures to safeguard IP, such as access controls, encryption, and monitoring for unauthorised access or data exfiltration.
  5. Workforce Training: As the manufacturing industry adapts to new technologies, employees must be trained to recognise and respond to cybersecurity threats. NIS2 compliance will necessitate ongoing training and awareness programs to ensure that the workforce is equipped to handle the evolving cyber threat landscape.

By understanding the unique challenges faced by the manufacturing sector and taking steps to comply with the NIS2 directive, manufacturers can bolster their cybersecurity posture and better protect their operations, supply chains, and valuable assets. In doing so, they will not only meet regulatory requirements but also gain a competitive edge by demonstrating a commitment to robust cybersecurity measures.

Conclusion

The NIS2 directive brings significant changes to the EU's cybersecurity landscape, and businesses providing essential or digital services must adapt to ensure compliance. By unlocking the NIS2 puzzle and following the steps outlined in this article, your organisation can not only navigate the evolving cybersecurity landscape but also thrive in this new era. Don't miss out on the opportunity to enhance your business's cybersecurity and gain a competitive advantage by embracing NIS2.