CIPP/E Study Guide
Ch 3.7 - NIS Directive

NIS Directive and NIS 2

The NIS Directive (adopted 6 July 2016) was the first EU-wide cybersecurity law. It boosts national capabilities (each state sets up a CSIRT and a national NIS authority), builds EU-level cooperation, and promotes risk management/incident reporting by operators of essential services (OES) and digital service providers (DSPs). Transposition was due by 9 May 2018. A proposed NIS 2 Directive (Dec 2020) widens scope and raises fines.

The NIS Directive is the first piece of EU-wide cybersecurity legislation, adopted 6 July 2016 and in force from August 2016. Member states had to transpose it by 9 May 2018 and identify operators of essential services by 9 November 2018.

  • National capabilities: each state sets up a CSIRT and a competent national NIS authority
  • EU cooperation: a cooperation group and a CSIRT network for sharing risk information
  • Risk management & reporting: by OES (energy, transport, water, banking, financial market infrastructure, health, digital infrastructure) and DSPs (search engines, cloud, online marketplaces)
NIS Directive vs NIS 2 (proposal)
AspectNIS DirectiveNIS 2 (proposed)
Adopted/proposed6 July 201616 December 2020
ScopeOES + DSPsWidened to more sectors
Security & reportingBaseline rulesStrengthened
FinesSet nationallyIncreased maximum fines
TranspositionBy 9 May 201818 months after final publication
First of its kind

The NIS Directive is the first EU-wide cybersecurity legislation. Each member state identifies the companies it covers and the exact form it takes - another source of national variation.

Key terms - quick answers

What is “NIS Directive”?
Directive on security of network and information systems; the first EU-wide cybersecurity legislation.
What is “CSIRT”?
Computer Security Incident Response Team each member state must establish.
What is “Operators of essential services”?
OES in sectors like energy, transport, water, banking, health and digital infrastructure.
What is “Digital service providers”?
DSPs such as search engines, cloud computing services and online marketplaces.