The NIS Directive EU Cybersecurity

The Directive on security of network and information systems (the NIS Directive) requires transposition into European Union Member’s domestic law by May 9, 2018 (definition of an EU Directive).  The NIS Directive, adopted in July 2016, entered into force in August 2016.  The UK’s National Cyber Security Center (NCSC) published an Introduction to the NIS Directive, which provides an overview on on the application of the NIS Directive; a second web site sets out top level objectives of the NIS Directive. Objectives guidance on mananging security risks, protecting against cyber attack, detecting cyber security events, miniumising cyber security event impacts, examples of supply chain cyber attacks, assessment of supply chain practices, and the 12 principles of supply chain security are posted on the NCSC website.  The NSCS also published an Introduction to identity and access management.  The Cyber Assessment Framework (CAF) will be published by the end of April 2018.  A table setting out the 14 NIS principles together with related guidance and objectives was updated in March 2018.  There are a number of inforgraphics covering various topics concerning cyber secuirty and a glossary of terms.  You may read the consulation related to the NIS Directive, which is now closed for further detailed information and guidance on applicability of the NIS Directive to your company or business.

The NIS Directive applies to “operators of essential services” and “digital service providers.”  Essential services operators are designated by member state governments. Digital service providers include online marketplaces, search engines, and cloud computing services.  Commission Implementing Regulation (EU) 2018/151 of 30 January 2018 established rules for application of the NIS Directive to digital service providers and incident reports.

The NIS Directive addresses security requirements or goals as well as incident reporting together with possible implementation of fines or penalties as determined by EU member governments.  The Directive works together with the GDPR Regulation and is, generally, part of the overall EU regime on data security, privacy, and the single digital market.


Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

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