Standards Comparison

    NIS2

    Mandatory
    2022

    EU regulation enhancing cybersecurity resilience for critical sectors

    VS

    FDA 21 CFR Part 11

    Mandatory
    1997

    FDA regulation for trustworthy electronic records and signatures.

    Quick Verdict

    NIS2 mandates EU-wide cybersecurity resilience for critical infrastructure, while FDA 21 CFR Part 11 ensures electronic records' trustworthiness in life sciences. Companies adopt NIS2 for regulatory survival in essential sectors; Part 11 for compliant digital transformation and FDA inspection readiness.

    Cybersecurity

    NIS2

    Directive (EU) 2022/2555 Network and Information Systems 2

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

    Key Features

    • Broadened scope via size-cap rule for medium/large entities
    • Strict multi-stage incident reporting timelines
    • Direct senior management accountability for compliance
    • Continuous proactive risk management framework
    • Fines up to 2% global annual turnover
    Electronic Records

    FDA 21 CFR Part 11

    21 CFR Part 11 Electronic Records; Electronic Signatures

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

    Key Features

    • Secure, time-stamped audit trails for changes
    • Controls for closed and open systems
    • Electronic signatures equivalent to handwritten
    • Risk-based system validation requirements
    • Access, authority, and device checks

    Detailed Analysis

    A comprehensive look at the specific requirements, scope, and impact of each standard.

    NIS2 Details

    What It Is

    NIS2, officially Directive (EU) 2022/2555, is an EU regulation expanding the original NIS Directive. It establishes a high common level of cybersecurity resilience for critical infrastructure and digital services across member states. NIS2 employs a risk-based, continuous assurance approach, shifting from static compliance to proactive, evidence-based practices.

    Key Components

    • Four pillars: risk management, business continuity, incident reporting, corporate accountability.
    • Mandates robust measures like supply chain security, access controls, encryption, and incident response plans.
    • Strict reporting: 24-hour early warning, 72-hour notification, one-month final report to CSIRTs.
    • Aligns with standards like ISO 27001, NIST; enforced via national audits and spot checks, no formal certification.

    Why Organizations Use It

    Essential/important entities comply to avoid fines up to 2% global turnover or €10M. It enhances cyber resilience, mitigates threats, ensures business continuity, and builds stakeholder trust. Provides competitive advantages through harmonized multi-state operations and proactive defense.

    Implementation Overview

    Applies to medium/large entities in sectors like energy, transport, digital services via size-cap rule. Involves risk assessments, governance setup, training, and supplier oversight. Member states transposed by October 2024; requires ongoing monitoring and real-time evidence for authorities. (178 words)

    FDA 21 CFR Part 11 Details

    What It Is

    FDA 21 CFR Part 11 is a U.S. federal regulation establishing criteria for electronic records and electronic signatures to be considered trustworthy, reliable, and equivalent to paper records and handwritten signatures. It applies to FDA-regulated industries using electronic systems for predicate rule records, employing a risk-based approach with controls for closed and open systems.

    Key Components

    • Subparts covering general provisions, electronic records (§11.10 closed systems, §11.30 open systems), and signatures (§§11.50-11.300).
    • Core controls: validation, audit trails, access limits, operational/authority/device checks, training, accountability policies.
    • Built on ALCOA+ principles; no formal certification, but FDA enforcement and inspections.

    Why Organizations Use It

    • Mandatory for electronic reliance in pharma, devices, biotech to avoid enforcement.
    • Enhances data integrity, inspection readiness, operational efficiency.
    • Mitigates risks like warning letters; builds stakeholder trust.

    Implementation Overview

    • Phased: scoping, gap analysis, validation (IQ/OQ/PQ), SOPs, training.
    • Targets life sciences; global via harmonization; FDA inspections verify compliance.

    Key Differences

    Scope

    NIS2
    Cybersecurity risk management, incident reporting, resilience for critical sectors
    FDA 21 CFR Part 11
    Electronic records/signatures trustworthiness, system controls for FDA-regulated records

    Industry

    NIS2
    Essential/important entities in EU sectors (energy, transport, digital services)
    FDA 21 CFR Part 11
    Life sciences (pharma, devices, biotech) using electronic records under FDA predicate rules

    Nature

    NIS2
    Mandatory EU directive, transposed nationally with enforcement authorities
    FDA 21 CFR Part 11
    US FDA regulation with enforcement discretion on some controls, predicate rules enforced

    Testing

    NIS2
    Risk assessments, continuous assurance, spot checks by national authorities
    FDA 21 CFR Part 11
    Risk-based system validation (IQ/OQ/PQ), audit trails, access controls testing

    Penalties

    NIS2
    Up to 2% global turnover or €10M for essential entities
    FDA 21 CFR Part 11
    Warning letters, Form 483s, product holds, injunctions for data integrity failures

    Frequently Asked Questions

    Common questions about NIS2 and FDA 21 CFR Part 11

    NIS2 FAQ

    FDA 21 CFR Part 11 FAQ

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