Standards Comparison

    GDPR

    Mandatory
    2016

    EU regulation for personal data protection and privacy rights

    VS

    NIS2

    Mandatory
    2022

    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.

    Data Privacy

    GDPR

    Regulation (EU) 2016/679 (General Data Protection Regulation)

    Cost
    €€€€
    Complexity
    Medium
    Implementation Time
    18-24 months

    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
    Cybersecurity

    NIS2

    Directive (EU) 2022/2555 - NIS2

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    12-18 months

    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

    Scope

    GDPR
    Personal data protection and privacy
    NIS2
    Cybersecurity resilience of critical infrastructure

    Industry

    GDPR
    All sectors processing EU personal data
    NIS2
    Essential/important entities in critical sectors

    Nature

    GDPR
    Mandatory EU regulation on data privacy
    NIS2
    Mandatory EU directive on cybersecurity

    Testing

    GDPR
    DPIAs for high-risk processing
    NIS2
    Continuous risk assessments and spot checks

    Penalties

    GDPR
    Up to 4% global turnover or €20M
    NIS2
    Up to 2% global turnover or €10M

    Frequently Asked Questions

    Common questions about GDPR and NIS2

    GDPR FAQ

    NIS2 FAQ

    You Might also be Interested in These Articles...

    Run Maturity Assessments with GRADUM

    Transform your compliance journey with our AI-powered assessment platform

    Assess your organization's maturity across multiple standards and regulations including ISO 27001, DORA, NIS2, NIST, GDPR, and hundreds more. Get actionable insights and track your progress with collaborative, AI-powered evaluations.

    100+ Standards & Regulations
    AI-Powered Insights
    Collaborative Assessments
    Actionable Recommendations

    Check out these other Gradum.io Standards Comparison Pages