Tag Archives: NISD

As  reported  in our first edition, there are two proposals making their way through the Brussels legislature which will change the legal landscape for the reporting of cyber attacks. These are the draft Network and Information Security Directive, which will impose reporting obligations on providers of critical infrastructure, and the draft General Data Protection Regulation which will impose data breach reporting requirements on all data controllers. The summer has seen much institutional change in the EU, first with the European Parliament elections in May, the start of Italy’s Council Presidency in July and now with the reorganisation of the European Commission and appointment of a new Commission President and Commissioners with effect from 1 November.  The summer has seen little procedural progress, although trilogue negotiations on the NISD have now begun, and on the GDPR the Council (representing the Member States) has, according to this Council press release, … Continue Reading ››
With the text of the draft Network and Information Security Directive (“NISD”) still being negotiated between EU institutions, and the national transposition deadline for the Directive likely to be 18 – 24 months from the date of EU adoption, some Member States are pre-empting the new regime with national legislation of their own. France has already implemented the principles enshrined in the draft Directive via its Military Programming Act, which was published at the end of 2013.  Overview France has already implemented many of the principles enshrined in the Draft NISD into national law. The French Government published its strategy on Information systems and defence in February 2011. This included reviewing and where necessary strengthening cyber laws. As a result, the government passed Article 22 of Act n°2013-1168 dated 18 December 2013 (the “Military Programming Act”) which sets out several obligations applicable to vitally important operators (“VIOs”) which are … Continue Reading ››