The NIS 2 Directive outlines distinct penalties for non-compliance, encompassing:
These repercussions may be levied upon essential and important entities for infractions such as failure to adhere to security requirements or neglecting to report incidents.
The fines imposed will vary across Member States. However, the Directive sets a minimum list of administrative sanctions for breaches of cybersecurity risk management and reporting obligations.
Non-monetary Penalties under NIS 2 empower national supervisory authorities to enforce remedies such as compliance orders, binding instructions, security audit implementation orders, and threat notification orders to entities’ customers.
With regard to administrative fines, the NIS 2 directive carefully distinguishes between essential and important entities.
For essential entities, it requires Member States to provide a maximum fine level of at least €10,000,000 or 2% of the global annual revenue, whichever is higher.
For important entities, NIS 2 requires Member States to fine for a maximum of at least €7,000,000 or 1,4% of the global annual revenue, whichever is higher.
Get Minumum Cybersecurity measures for NIS 2 Compliance
In a bid to alleviate the burden on IT departments tasked with solely safeguarding organizational security and to redefine the notion of cybersecurity responsibility, NIS 2 introduces fresh provisions to enforce personal accountability among top management in the event of a security breach.
Under NIS 2, Member State authorities are empowered to hold organizational leaders personally accountable in cases of gross negligence following a cyber incident.
These measures entail:
These initiatives aim to enforce accountability among C-suite executives and deter negligence in managing cyber risks.
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