The New EU Cybersecurity Directive: What Impact On Digital Service Providers?

On August 8, 2016, the Directive on Security of Network and Information Systems ("NIS Directive") entered into force after it had been approved by the European Parliament on July 6, 2016, and published in the Official Journal of the EU on July 19, 2016. Andus Ansip, the European Commission Vice-President for the Digital Single Market, stated that "this Directive is the first comprehensive piece of EU legislation on Cybersecurity and a fundamental building block for our work in the area." Indeed, the NIS Directive will provide measures to boost the overall level of cybersecurity in the European Union ("EU") by imposing minimum harmonization rules for EU Member States.

The NIS Directive provides guidelines for two types of entities: (i) "essential service operators" within the energy, transport, banking, financial market infrastructure, health, drinking water, and digital infrastructure sectors, and (ii) "digital service providers," including entities such as online