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    Cybersecurity Policy Report, EU Nations Risk Penalties Over Failure to Enact Cybersecurity Law, (Dec 2, 2024)

    By Tom Leithauser

    A significant number of European Union member states have failed to adopt national laws to implement the provisions of cybersecurity legislation that was approved at the EU level, and those nations could face legal and financial penalties if they fai ...

    By Tom Leithauser

    A significant number of European Union member states have failed to adopt national laws to implement the provisions of cybersecurity legislation that was approved at the EU level, and those nations could face legal and financial penalties if they fail to do so, according to the European Commission (EC).

    The Directive on Security of Network and Information Systems (NIS2) cleared the EU’s legislative branches in 2022, and member states were supposed to transpose its provisions into national laws by an October deadline (CPR, Oct. 17).

    But 23 of the EU’s 27 member states missed the deadline, and the EC announced last Thursday that it would open “infringement procedures” against them. Under EU law, infringement procedures are the first step of a process that could lead to a member state being referred to the EU Court of Justice for potential penalties.

    “The NIS2 Directive aims to ensure a high level of cybersecurity across the EU. It covers entities operating in critical sectors such as public electronic communications services, ICT service management, digital services, wastewater and waste management, space, health, energy, transport, manufacturing of critical products, postal and courier services, and public administration,” the EC explained.

    “Full implementation of the legislation is key to further improving the resilience and incident response capacities of public and private entities operating in these critical sectors and the EU as a whole,” it said.

    The 23 nations “now have two months to respond and to complete their transposition and notify their measures to the Commission,” it added. Otherwise the EC could issue a “reasoned opinion,” which is a formal request to comply with EU law, it noted.

    Member states that receive reasoned opinions generally have another two months to comply, after which they can be referred to the Court of Justice, according to EU procedures.

    News: InternationalLegislation DataSecurity

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