GDPR
EU regulation for personal data protection and privacy rights
NIS2
EU directive for cybersecurity resilience in critical sectors
Quick Verdict
GDPR enforces personal data privacy for all EU-processing organizations globally, while NIS2 mandates cybersecurity resilience for critical sectors. Companies adopt GDPR to avoid massive fines and build trust; NIS2 to secure infrastructure and ensure operational continuity amid cyber threats.
GDPR
Regulation (EU) 2016/679 (General Data Protection Regulation)
Key Features
- Extraterritorial scope applies to non-EU organizations targeting EU residents
- Fines up to 4% of global annual turnover for violations
- Accountability principle requires demonstrating compliance via DPIAs and ROPAs
- Enhanced data subject rights including erasure and portability
- 72-hour mandatory personal data breach notification
NIS2
Directive (EU) 2022/2555 - NIS2
Key Features
- Broadened scope to essential and important entities
- Strict multi-stage incident reporting timelines
- Senior management direct accountability
- Continuous risk management and supply chain security
- Fines up to 2% of global annual turnover
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
GDPR Details
What It Is
Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR), is a directly applicable EU law protecting natural persons' data. It modernizes privacy rules with extraterritorial scope, applying to any entity processing EU residents' data. Its accountability-based approach mandates demonstrating lawful processing via risk assessments like DPIAs.
Key Components
- Seven core principles: lawfulness, purpose limitation, minimization, accuracy, storage limitation, integrity/confidentiality, accountability.
- Enhanced data subject rights (access, rectification, erasure, portability, objection).
- Obligations include DPO appointment, ROPA maintenance, breach notifications.
- Two-tier fines up to €20M or 4% global turnover; enforced by DPAs with one-stop-shop for cross-border cases.
Why Organizations Use It
Mandatory for EU data processors; reduces legal risks, builds trust, enables global data flows. Enhances reputation, avoids massive penalties, supports Digital Single Market competitiveness.
Implementation Overview
Involves gap analysis, policy updates, training, DPIAs, DPO hiring. Applies universally to controllers/processors handling EU data; no certification but ongoing DPA audits. SMEs face high burdens; large firms invest in privacy-by-design. (178 words)
NIS2 Details
What It Is
NIS2 Directive, officially Directive (EU) 2022/2555, is an EU regulation expanding the original NIS Directive. It establishes a high common level of cybersecurity resilience across member states, targeting essential and important entities in critical sectors like energy, transport, and digital infrastructure. It employs a risk-based approach with continuous risk management and an all-hazards methodology.
Key Components
- Four pillars: risk management, incident reporting, business continuity, corporate accountability.
- Mandates supply chain security, access controls, encryption, and multi-stage reporting (24-hour early warning, 72-hour notification, one-month final report).
- Built on standards like ISO 27001; no formal certification but compliance via national transposition and audits.
Why Organizations Use It
- Mandatory compliance for medium/large entities in covered sectors to avoid fines up to 2% global turnover.
- Enhances resilience against cyber threats, ensures business continuity, builds stakeholder trust.
- Provides competitive edge through harmonized EU-wide standards and proactive security.
Implementation Overview
- Transposition deadline: October 2024; applies to entities with 50+ employees or €10M+ turnover in EU.
- Involves gap analysis, risk assessments, governance setup, training, and spot-check readiness.
- Enterprise-wide transformation with ongoing monitoring. (178 words)
Key Differences
| Aspect | GDPR | NIS2 |
|---|---|---|
| Scope | Personal data protection and privacy | Cybersecurity resilience of critical infrastructure |
| Industry | All sectors processing EU personal data | Essential/important entities in critical sectors |
| Nature | Mandatory EU regulation on data privacy | Mandatory EU directive on cybersecurity |
| Testing | DPIAs for high-risk processing | Continuous risk assessments and spot checks |
| Penalties | Up to 4% global turnover or €20M | Up to 2% global turnover or €10M |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about GDPR and NIS2
GDPR FAQ
NIS2 FAQ
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