The NIS2 Directive (EU 2022/2555) is an EU directive — the successor to the original NIS1 of 2016 — that entered into force on 16 January 2023 with a transposition deadline of 17 October 2024, meaning each EU Member State was required to adopt it into national law by that date and enforce it from 18 October 2024 onward. NIS2 is issued by the European Parliament and Council; as a directive (not a regulation), its exact requirements vary by Member State, but the baseline obligations are binding. It applies to medium and large organizations (50+ employees or €10M+ annual turnover) operating in 18 critical sectors including energy, transport, health, banking, digital infrastructure, ICT service management, public administration, and manufacturing. Entities are classified as essential (proactive supervision, fines up to €10M or 2 % of global turnover) or important (reactive supervision, fines up to €7M or 1.4 % of turnover). Compliance is mandatory — management bodies are personally liable for overseeing cybersecurity risk management. Key obligations include implementing proportionate technical and organizational security measures, conducting supply chain risk assessments, reporting significant incidents to the national CSIRT within 24 hours (early warning), 72 hours (full notification), and one month (final report), and cooperating with national cybersecurity authorities. Member States were required to publish their lists of essential and important entities by 17 April 2025.
KRITIS (Kritische Infrastrukturen) is Germany’s national regulatory framework for the security and resilience of critical infrastructure. It is enforced by the BSI (Bundesamt für Sicherheit in der Informationstechnik — Federal Office for Information Security) and, for physical resilience, by the BBK (Bundesamt für Bevölkerungsschutz und Katastrophenhilfe — Federal Office of Civil Protection). The framework is now governed by two primary laws: the NIS2-Umsetzungs- und Cybersicherheitsstärkungsgesetz (NIS2UmsuCG), which rewrote the BSI-Gesetz and entered into force on 6 December 2025, and the KRITIS-Dachgesetz (KRITISDachG) for physical resilience, in force since 17 March 2026. Together they transpose the EU NIS2 Directive and CER Directive into German law. The scope expanded dramatically: from approximately 4,000 regulated entities under the previous IT-Sicherheitsgesetz 2.0 to around 30,000 entities now classified as either “besonders wichtige Einrichtungen” (particularly important, equivalent to NIS2 essential) or “wichtige Einrichtungen” (important). KRITIS applies to organizations in 18 sectors (energy, water, health, finance, transport, digital infrastructure, space, public administration, manufacturing, etc.) meeting defined size thresholds. Compliance is mandatory with no transitional period: entities must register with the BSI, implement risk management (§30 BSIG), report security incidents within 24 hours (§32), and management is personally liable (§38) for overseeing cybersecurity measures. Penalties reach up to €10M or 2 % of global turnover for particularly important entities.
