What is the NIS-2-Directive and the NIS-2-Implementation Act (NIS2UmsuCG)?
The NIS-2-Directive is an EU-wide regulation aimed at harmonizing and improving the cybersecurity of critical infrastructure and essential services in Europe.
What is the goal?
- Protecting critical infrastructure (e.g., energy, transportation, healthcare, water) and digital services (e.g., cloud providers, online marketplaces) from cyber threats
What are the key obligations for businesses?
- Risk Management: Implementation of comprehensive IT security measures (e.g., multi-factor authentication, encryption, incident response).
- Reporting Requirements: Immediate reporting of cyber incidents to the competent authority (in Germany: Federal Office for Information Security (BSI)).
- Cybersecurity as a top priority: CEOs and executives are required to undergo training on cybersecurity issues and are responsible for implementing the measures.
- Supply chain security: Under NIS-2, supply chain security means that companies providing essential and important services must actively manage cybersecurity risks among their direct suppliers and service providers (e.g., cloud, IT services). This includes contractual security requirements, risk assessments of providers, and the avoidance of single points of failure.
Who is affected?
The NIS-2-Directive applies to a total of 18 sectors, which are divided into »essential« (e.g., energy, health, digital) and »important« (e.g., chemical, food, research) entities, in order to significantly expand the scope of application compared to the previous NIS-1-Directive ((EU) 2016/1148) and thereby enhance the cybersecurity level of critical infrastructures.
Essential Entities
- Energy (electricity, district heating, oil, natural gas, hydrogen)
- Transport (air, rail, maritime, road transport)
- Banking (credit institutions)
- Financial market infrastructure (trading venues)
- Healthcare (healthcare providers, research, pharmaceuticals)
- Drinking water supply
- Wastewater disposal
- Digital infrastructure (Internet nodes, DNS, cloud, data centers)
- ICT service management (B2B services)
- Public administration (central and regional governments)
- Space (ground infrastructure)
Important Entities
- Postal and courier services
- Waste management
- Chemicals (production, manufacturing)
- Food (production, processing, distribution)
- Manufacturing / production of goods (e.g., computers, electronics, metals)
- Digital service providers (online marketplaces, search engines, social networks)
- Research (research institutions)
Companies in these sectors must comply with the requirements if they meet certain size criteria (usually >50 employees or >€10 million in revenue/balance sheet total) or if they are classified as particularly critical.
What are the consequences of non-compliance?
- Penalties: Heavy fines of up to two percent of global annual turnover.
- Personal liability: Managing directors may be held liable with their personal assets.
Implementation in Germany
- The NIS-2-Implementation Act (NIS2UmsuCG) entered into force in December 2025, transposing the EU Directive into national law.
- Key aspects of the NIS2UmsuCG are:
- The expanded scope of application based on the EU NIS2 Directive: As a result, a much broader range of medium-sized and large companies in key sectors (e.g., energy, transportation, healthcare, digital services, research) are affected by heightened cybersecurity requirements than in the past.
- Stricter security requirements: Companies must implement risk management measures (implementation of comprehensive IT security measures, e.g., multi-factor authentication, encryption, incident response).
- Three-tier reporting requirement: A tiered system for reporting security incidents (early warning, incident report, final report) has been introduced.
- Management responsibilities: The law establishes management’s liability for compliance with security requirements.
- Expanded oversight & sanctions: The BSI is granted greater monitoring powers, and violations are subject to substantial fines, similar to those for GDPR violations.
Fraunhofer Institute for Applied and Integrated Security