EU's Network And Information Security Directive: Regulating "Operators Of Essential Services" And "Digital Service Providers"

The European Union continues to move forward with a proposed unified framework to strengthen network and information security systems across its member countries. On December 18, 2015, the Permanent Representatives Committee (Coreper) approved a provisional agreement reached on December 7, 2015, by the European Parliament and European Council on the Network and Information Security Directive ("Cybersecurity Directive"). The Cybersecurity Directive, which was first proposed in 2013, sets forth a multifaceted approach to preventing and responding to cybersecurity incidents by regulated public and private entities. Following the initial proposal, EU member states debated the applicable scope of the Cybersecurity Directive. However, the recent provisional agreement provides a set of clear criteria and requirements for enhancing cybersecurity and addresses two types of entities to be regulated: "operators of essential services" and "digital service providers." The