Introduction

The NIS 2 law establishing a framework for the cybersecurity of networks and information systems of general interest for public security was published on Friday the 17th of May in the Belgian Official Gazette.

This law transposes into Belgian law Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 (the “NIS2 directive”) on measures for a high common level of cybersecurity across the Union.

For whom ?

The NIS2 Law is aimed at organisations of a certain size that provide services in critical sectors.

Provided service

High critical sectors

The sectors of high criticality are

  • Energy (electricity, district heating and cooling, petroleum, natural gas, hydrogen)
  • Transport (air, rail, water, road)
  • Banking
  • Financial market infrastructure
  • Health
  • Drinking water
  • Waste water
  • Digital infrastructure
  • ICT service management
  • Public administration
  • Space

Other critical sectors

The additional critical sectors are

  • Postal and courier services
  • Waste management
  • Manufacture, production and distribution of chemicals
  • Production, processing and distribution of food
  • Manufacturing (of medical devices and in vitro diagnostic medical devices; computer, electronic and optical products; electrical equipment; machinery and equipment n.e.c., motor vehicles, trailers and semi-trailers; other transport equipment)
  • Digital providers
  • Research

The size criterium

With some exceptions, an organisation must be considered to be at least a medium-sized enterprise. A medium-sized enterprise has a workforce equivalent to at least 50 full-time workers and an annual turnover or annual balance sheet total exceeding 10 million euros.

Categories

NIS2 draws a distinction between 2 categories

  • Essential entities : Large organisation in high critical sectors
  • Important entities : Medium sized organiations in high critical sectors and organisations in other critical sectors.

More information

Discover the French version of the law

Discover the Dutch version of the law