NIS2 vs GDPR
How EU cybersecurity requirements and data protection obligations relate to each other
Szybkie porównanie
Zestawienie kluczowych aspektów regulacyjnych
| Aspekt | NIS2 | GDPR |
|---|---|---|
| Legal instrument | Directive (EU) 2022/2555, which each Member State must transpose into national law | Regulation (EU) 2016/679, directly applicable in all Member States without transposition |
| Primary objective | Achieve a high common level of cybersecurity across the EU by strengthening the security of network and information systems in critical sectors | Protect people's fundamental right to personal data protection and ensure the free movement of personal data in the EU |
| Scope | Essential and important entities in 18 sectors, including energy, transport, banking, health, water, digital infrastructure, ICT services, public administration, space, postal services, waste, manufacturing, food and chemicals | Any organisation, anywhere, processing personal data of individuals in the EU, whatever its sector, size or location |
| Incident reporting | Significant cybersecurity incidents: early warning within 24 hours, incident notification within 72 hours and final report within 1 month, to the national CSIRT or competent authority | Personal data breaches: notification to the data protection authority within 72 hours of becoming aware, and to the individuals affected without undue delay if the risk is high |
| Security measures | Listed minimum measures: risk analysis, incident handling, business continuity, supply chain security, encryption, access control, multi-factor authentication and vulnerability handling | Principle-based: technical and organisational measures that ensure security appropriate to the risk, taking into account the state of the art, costs and the nature of the processing |
| Penalties | Essential entities: national maximum fines of at least EUR 10 million or 2% of global annual turnover, whichever is higher; important entities: at least EUR 7 million or 1.4%; managers may be temporarily banned | Up to EUR 20 million or 4% of global annual turnover for the most serious infringements; up to EUR 10 million or 2% for less severe ones |
| Governance | Management bodies must approve cybersecurity risk management measures, oversee their implementation and take cybersecurity training; they can be held personally liable | Controllers bear primary responsibility; a DPO is required for certain organisations; the accountability principle requires demonstrable compliance through records, DPIAs and policies |
Kluczowe różnice
Co odróżnia te regulacje
- NIS2
NIS2 focuses on system security; the GDPR on personal data
NIS2 protects the security of network and information systems as critical infrastructure, whether or not personal data is involved. The GDPR protects personal data throughout its lifecycle. A NIS2 incident may involve no personal data (for example, a disruption to an electricity grid), while a GDPR breach may involve no cybersecurity failure (for example, an employee's accidental disclosure).
- GDPR
The GDPR applies to everyone; NIS2 targets specific sectors and sizes
The GDPR applies to any organisation processing personal data of people in the EU, from a one-person start-up to a multinational. NIS2 applies only to entities in 18 listed sectors that meet size thresholds (generally medium-sized or larger), plus certain entities that Member States designate as critical whatever their size.
- NIS2
NIS2 lists specific cybersecurity measures
NIS2 Article 21 lists minimum security measures, including risk analysis policies, incident handling, business continuity, supply chain security, network security, access control, encryption and multi-factor authentication. The GDPR requires "appropriate" measures and leaves the details largely to the organisation's own risk assessment.
- GDPR
The GDPR grants enforceable individual rights
The GDPR gives people specific, enforceable rights over their personal data: access, rectification, erasure, portability and objection. NIS2 creates no equivalent individual rights; it protects systems and infrastructure.
- NIS2
NIS2 allows personal liability for management
NIS2 empowers Member States to hold management bodies personally liable for cybersecurity failures and to temporarily suspend individuals from management functions. The GDPR holds organisations accountable, and the DPO plays a key role, but it has no equivalent temporary ban on managers.
Obszary wspólne
Obszary, w których obie regulacje są zbieżne
- Both require appropriate security measures to protect the information and systems an organisation manages, with different levels of detail
- Both require incident notification to authorities within similar timeframes (72 hours), though to different authorities and for different triggers
- Both require senior management to engage in security governance and place final responsibility on the organisation's leadership
- Both address supply chain and third-party risk, requiring organisations to assess and manage the security of their service providers
- NIS2 Article 35 addresses the link with the GDPR: competent authorities must inform data protection authorities when an infringement may involve a personal data breach
Co ma zastosowanie?
Typowe scenariusze i regulacja, która ma pierwszeństwo
You are a hospital or healthcare provider in the EU
Both NIS2 and the GDPR apply. Health is a NIS2 sector, and you process sensitive health data under the GDPR. A cyberattack on patient systems can trigger parallel reporting: to cybersecurity authorities under NIS2 and to data protection authorities under the GDPR. Set up one incident response procedure that covers both.
You are a SaaS company serving EU businesses, outside the NIS2 sectors
The GDPR applies if you process personal data. NIS2 may apply if you qualify as a managed service provider, a managed security service provider or a DNS service provider, which NIS2 lists explicitly. Check the categories in NIS2 Annexes I and II and your national transposition.
You are a small online retailer processing customer payment data
The GDPR applies to your processing of customer personal data. NIS2 probably does not apply unless you meet the size thresholds and operate in one of the 18 sectors. Focus on the GDPR, with strong security for payment data, and on general cybersecurity good practice.
You are an energy company managing critical infrastructure in the EU
NIS2 is your main cybersecurity regulation, as energy is a NIS2 sector. The GDPR applies to any personal data you process (employees, customers, smart meter data). A cyberattack on infrastructure that also exposes personal data requires notification under both. Build one compliance programme that covers both frameworks.
Najczęściej zadawane pytania
Typowe pytania dotyczące tych regulacji
Pełne przewodniki
Więcej porównań
Manage NIS2 and GDPR compliance together with Reversa
Cybersecurity and data protection go hand in hand. Reversa carries both sets of obligations to the same controls and the same team, without gaps or duplicated work.
- 01Spotkanie wstępne
- 02Demonstracja na Państwa przypadku
- 03Wdrożenie w kilka tygodni