The NIS Directive: Genesis, Status, and Key Aspects

The European Commission's proposal for a Network and Information Security Directive concerning measures to ensure a high common level of network and information security across the EU was a response to the increased risks posed by cyber attacks. The proposed Directive, the text of which is currently subject to negotiations between the various EU institutions, seeks to provide an effective mechanism for cooperation and secure information sharing across EU Member States.

In this briefing we consider the origins of the legislative proposal, its current status and the likely key aspects of the final text, including the:

• establishment of national network information security strategies and regulatory regimes in each Member State
• establishment of a cooperation network between Member States to harmonise security standards across the EU
• imposition of enhanced risk management and reporting obligations on organisations that fall within the definition of "market operators"