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Compliance bundle – art. 21 paragraph 1 NIS2

Which concrete elements are at least part of the risk-based approach as expressed in art. 21 paragraph 1 NIS2?

Jos Maas • Boek • paperback

  • Samenvatting
    Directive (EU) 2022/2555 (NIS2) is shaking up the cybersecurity world. Higher fines, increased duty of care and security measures mean that organizations are looking for sources that contribute to interpreting and complying with NIS2. This publication contains Jos Maas's graduation research for the Master's degree in Law at the Open University (OU) into art. 21 paragraph 1 NIS2. This article of law is about the risk-based approach. Risk-based approach (or also risk management) forms the basis on which cybersecurity risks are managed with appropriate and proportionate measures. This graduation research has investigated which elements need to be added to the risk-based approach so that art. 21 paragraph 1 NIS2. This book is an indispensable source for the cybersecurity expert to obtain guidance from a legal perspective to adapt the existing risk-based approach or to develop a risk-based approach that is in line with art. 21 paragraph 1 NIS2.
  • Productinformatie
    Binding : Paperback
    Distributievorm : Boek (print, druk)
    Formaat : 170mm x 240mm
    Aantal pagina's : 57
    Uitgeverij : JMP
    ISBN : 9789465110363
    Datum publicatie : 06-2024
  • Inhoudsopgave
    1. Introduction 1.1 Cause 1.2 Issue 1.3 Research question 1.4 Sub-questions 1.4.1 Sub-question 1 – What are the components of art. 21 paragraph 1 NIS2? 1.4.2 Sub-question 2 – What is a risk-based approach? 1.4.3 Sub-question 3 – Which risk-based approaches are known within EU legislation? 1.4.4 Sub-question 4 - What is a risk-based approach within the framework of NIS2? 1.4.5 Sub-question 5 – Which risk-based approaches are included in norms and standards? 1.5 Research method 1.6 Social relevance 1.7 Scientific relevance 1.8 Reading Guide 2. Explanation of art. 21 paragraph 1 NIS2 2.1 Important and essential entities – general 2.2 Essential entities 2.3 Important entities 2.4 Appropriate and proportionate measures 2.4.1 Appropriate measures 2.4.2 Proportionate measures 2.5 Interim conclusion explanation of art. 21 paragraph 1 NIS2 3. Risk-based approach 3.1 Origin of the risk-based approach in EU legislation 3.2 What is a risk-based approach? 3.3 Risk-based approach in EU legislation 3.3.1 Risk-based approach in the GDPR 3.3.2 Risk-based approach in the Digital Services Act (DSA)3.3.3 Risk-based approach in AI act 3.4 Risk-based approach within the framework of NIS2 3.4.1 Relevant considerations and legal articles on risk-based approach from NIS2 3.4.2 Risk-based approach according to Belgium 3.4.3 Risk-based approach according to Hungary 3.4.4 Risk-based approach according to Croatia 3.4.5 Risk-based approach according to the Czech Republic 3.4.6 Risk-based approach in norms and standards 3.5 Interim conclusion risk-based approach 4. Conclusion of graduation research Bibliography List of case law
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3.4.1 Relevant considerations and legal articles on risk-based approach from NIS2
The word 'risk' appears 146 times in NIS2 in both the considerations and the articles, with a total of twelve considerations and articles from NIS2 being the most relevant for this graduation research. In these twelve considerations and articles, 'risk' is related to a risk-based approach. In other considerations and articles from NIS2, 'risk' is, for example, related to the Cyber Security Incident Response Team (CSIRT) or the emphasis is placed on the measures (which arise from the risk-based approach). Art. 6(9) NIS2 defines the concept of 'risk' as 'the possibility of loss or disruption as a result of an incident, which is expressed as a combination of the magnitude of such loss or disruption and the likelihood of the incident occurring .' When determining an applicable risk-based approach, relevant considerations and legal articles from NIS2 must be analyzed. The twelve relevant considerations and articles from NIS2 are described in order below.

Firstly, show interdependencies, ex. ov. 37 NIS2, indicates that the EU is a dependent society. An incident at one entity can affect other entities in a Member State or abroad. Such a society is vulnerable to low-probability risks (such as Covid-19 pandemic or other major disaster or crisis). Because the purpose of NIS2 is to increase cyber resilience within the EU, it is necessary to also add these low-probability risks (and major economic and social consequences, ex. rec. 82 NIS2) to the risk-based approach.
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