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What sanctions can be expected?

State powers are expanding due to active registration obligations, verification, reporting obligations and binding exchange of information. Shared regulation via various authorities such as the BSI, BNetzA etc. is increasing, but is to be simplified. NIS2 introduces extended sanction regulations with new, clearly defined offenses and increased fines:

 

  • Essential entities
    Fines of up to EUR 10 million or 2 percent of the previous year's total global turnover of the company to which the entity belongs - whichever is higher
  • Important entities
    Fine of up to EUR 7 million or 1.4 percent of the previous year's total worldwide turnover of the company to which the entity belongs - whichever is higher)

Learn more about the scope of NIS2.

Management and other governing bodies are personally liable for breaches of NIS2. Among other things, they must actively monitor the implementation of the measures, participate in training courses and offer these to employees.