The European NIS2 Directive is to be implemented in all EU Member States from autumn 2024. It affects approximately 30,000 German companies. After several attempts, the German federal government today passed a draft bill in the cabinet before the end of the implementation deadline. eco Association of the Internet Industry warns that many companies are not yet sufficiently prepared and is calling for an extension of the implementation deadlines.
In this regard, eco Board member Klaus Landefeld states: “The German federal government would be well advised to adhere more closely to the European requirements when implementing the NIS2 Directive at national level. There is a great risk that the regulatory framework will fall apart and that different rules will apply to Germany than to Europe. In particular, the classification as ‘operator of critical facilities’ creates uncertainty for internationally active companies, which would have to comply with different rules in the individual EU member states.” eco – Association of the Internet Industry had sharply criticised this in the run-up to the adoption in its statements and brief comments.
The association is also concerned about the short implementation period. “Many companies do not yet realise that they are within the scope of the directive and the resulting legislation in Germany. They have not yet prepared themselves for the future requirements of the NIS2 Directive and some are already failing to determine their own relevance. The fact that the EU Commission has now published implementing acts specifically for digital service providers at short notice, which also needs to be considered, creates additional uncertainty,” says Landefeld.
The timetable to get the draft law through the cabinet and the subsequent parliamentary procedure on time is now extremely tight – and the deadline of 18 October 2024 is likely to be missed.
