1. Introductory remarks
The Directive on Security of Network and Information
Systems1 was adopted by the European Parliament on
6 July 2016 and entered into force in August 2016.
It was the first piece of EU-wide cybersecurity legislation. Member
States had to transpose the NIS Directive into their national
legislation by 9 May 2018 and identify operators of
essential services (OES) by
9 November 2018.
Under the NIS Directive, Member States are required to ensure
that OES and digital service providers (DSP)
implement cybersecurity requirements and report incidents.
As part of its policy objective to make "Europe fit for the
digital age", the European Commission
(the Commission) announced in early 2020 that
it would conduct a review (pursuant to Art. 23 of the NIS
Directive) of the functioning of the Directive by the end of 2020,
since the Directive had "proven its
limitations".