NIS Directive

The NIS Directive (Directive concerning measures to ensure a high common level of security of network and information systems across the Union) is an EU directive that aims to improve cybersecurity in the European Union. It was adopted in 2016 and transposed into the national law of the EU member states in 2018. In Germany, it was mainly implemented through the IT Security Act and its amendments.

Legal basis

1. Directive (EU) 2016/1148 of the European Parliament and of the Council of July 6, 2016 2. in Germany: IT Security Act and BSI Act 3. NIS-2 Directive (adopted in 2022, replaces the original NIS Directive)

Main objectives of the NIS Directive

1. improving the national cybersecurity capacities of EU Member States 2. strengthening cooperation at EU level 3. promoting a culture of risk management and incident reporting among key economic actors

Core elements

1. national strategy: obligation for Member States to adopt a national NIS strategy 2. competent authorities: Designation of national competent authorities and single points of contact 3. Cooperation: establishment of a cooperation group for strategic cooperation 4. CSIRT network: creation of a network of national IT emergency response teams 5. Security requirements: Definition of security requirements for operators of essential services and digital service providers 6. Reporting obligations: Introduction of reporting obligations for significant security incidents

Sectors affected

1. energy 2. transportation 3. banking 4. financial market infrastructures 5. healthcare 6. drinking water supply 7. digital infrastructure 8. digital services (online marketplaces, online search engines, cloud computing services)

Effects on companies

1. implementation of appropriate security measures 2. establishment of processes for reporting security incidents 3. regular risk assessments and audits 4. training of employees in cyber security issues 5. adaptation of IT systems and processes to security requirements

Challenges during implementation

1. different interpretations and implementations in EU Member States 2. delimitation difficulties in defining essential services 3. complexity of requirements, especially for smaller companies 4. coordination between different national and EU authorities 5. adaptation to rapidly evolving technologies and threats

Further development: NIS-2 Directive

The NIS 2 Directive, adopted in December 2022, extends and updates the original NIS Directive: 1. Extension of the scope of application to additional sectors
2. Greater harmonization of requirements in the EU
3. Tightening of security and reporting obligations
4. Introduction of stricter enforcement measures
5. Focus on supply chain security

Significance for Germany

1. strengthening national cybersecurity structures 2. promoting cooperation between the public and private sectors 3. raising cybersecurity standards in critical sectors 4. improving cross-border cooperation in the EU 5. need for adaptation for many German companies

Future prospects

1. continuous adaptation to new threat scenarios 2. increased integration of AI and automated systems in cybersecurity strategies 3. increasing importance of cybersecurity for Europe’s digital sovereignty 4. further development of EU-wide information exchange and cooperation 5. possible expansion to other sectors and technology areas

Conclusion

The NIS Directive and its successor, the NIS 2 Directive, represent an important step towards improving cybersecurity in the European Union. They create a common framework for the member states and oblige important economic players to take increased security measures. For Germany, this means a strengthening of national cyber security structures and closer cooperation at EU level. Companies in the affected sectors are faced with the challenge of adapting and improving their security measures. The continuous development of the directive shows that cyber security remains a dynamic field that requires constant adaptation to new technologies and threats.