Overview
Measures Affecting Member-States: The Directive would establish common minimum requirements for network and information security among Member States. It would require Member States to designate a competent national authority capable of preventing and responding to NIS incidents (an idea first implemented in the US in the form of the National Infrastructure Protection Center 15 years ago). States would also have to create a Computer Emergency Response Team responsible for the cybersecurity of the Member State.
Measures Affecting the EU-Member State Relationship: The Directive would create an information-sharing cooperation mechanism between the Commission and the Member States to share information on cyberattacks, and coordinate detection and response practices at an EU level. It would also empower the Commission to adopt a unified NIS cooperation plan.
Measures Affecting Companies: The Directive would extend the obligation to report significant cyberattacks to entities in the following sectors: key Internet services (e.g., e-commerce platforms, search engines, social networks, and large cloud providers); banking and stock exchange; energy; transportation; health; and public administration. The Directive would require these companies to disclose to the competent national authorities “incidents having a significant impact on the security of the core services they provide.” Under existing EU Directives, reporting requirements extend only to telecommunications companies and Internet service providers. The Directive would also require such companies to introduce risk management and cybersecurity practices. Last, although the Directive would not require public disclosures of cyberattacks, each Member State could still require it.