Standards Comparison

    NIS2

    Mandatory
    2022

    EU directive enhancing cybersecurity resilience in critical sectors

    VS

    FERPA

    Mandatory
    1974

    U.S. federal regulation protecting student education records privacy

    Quick Verdict

    NIS2 mandates cybersecurity resilience for EU critical infrastructure, while FERPA protects US student education records privacy. EU entities adopt NIS2 for regulatory compliance and threat mitigation; US schools implement FERPA to safeguard PII, maintain funding eligibility, and build family trust.

    Cybersecurity

    NIS2

    Directive (EU) 2022/2555 (NIS2)

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

    Key Features

    • Size-cap rule covers medium/large entities in expanded sectors
    • Strict multi-stage incident reporting: 24/72 hours timelines
    • Direct senior management accountability for compliance
    • Comprehensive risk management including supply chain security
    • Fines up to 2% global turnover for non-compliance
    Student Privacy

    FERPA

    Family Educational Rights and Privacy Act

    Cost
    €€€
    Complexity
    High
    Implementation Time
    6-12 months

    Key Features

    • Grants rights to inspect, amend, and control education records
    • Requires prior written consent for PII disclosures from records
    • Enumerates exceptions like school officials and health emergencies
    • Mandates annual notifications of rights and procedures
    • Imposes recordkeeping of all requests and disclosures

    Detailed Analysis

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

    NIS2 Details

    What It Is

    NIS2 Directive (EU) 2022/2555 is an EU regulation expanding the original NIS framework. It establishes a high common level of cybersecurity resilience for critical infrastructure and digital services across member states. Adopting a risk-based approach, it targets essential and important entities via a size-cap rule.

    Key Components

    • **Risk managementOngoing assessments, supply chain security, access controls, encryption.
    • **Incident reportingEarly warning (24h), detailed (72h), final report (1 month).
    • **Business continuityRecovery plans, crisis procedures.
    • **Corporate accountabilitySenior management direct responsibility. Built on standards like ISO 27001, with continuous assurance model and spot checks.

    Why Organizations Use It

    Mandatory compliance avoids fines up to 2% global turnover. Enhances resilience against threats, builds stakeholder trust, ensures service continuity. Provides competitive edge through proactive cybersecurity in sectors like energy, transport.

    Implementation Overview

    Applies to medium/large entities (>50 employees, €10M turnover) in EU critical sectors. Involves risk assessments, training, supplier audits, reporting setup. Member states transpose by Oct 2024; 12-18 month grace periods common. No formal certification, but national authority oversight.

    FERPA Details

    What It Is

    Family Educational Rights and Privacy Act (FERPA) is a U.S. federal regulation (20 U.S.C. § 1232g; 34 CFR Part 99) protecting privacy of student education records at institutions receiving federal education funds. It employs a rights-based approach granting access, amendment, and disclosure controls for parents/eligible students.

    Key Components

    • Core rights: inspect records (45 days), amend inaccuracies, consent to PII disclosures.
    • Definitions: education records (student-related, institution-maintained), expansive PII (linkable identifiers), directory information.
    • Disclosures: consent rule plus exceptions (school officials, emergencies, audits).
    • Obligations: annual notices, disclosure logs, hearings. No certification; funding-based enforcement.

    Why Organizations Use It

    • Ensures federal funding eligibility and avoids penalties.
    • Mitigates legal/reputational risks from breaches.
    • Builds stakeholder trust, enables safe edtech/vendor use.
    • Supports operational efficiency and innovation.

    Implementation Overview

    Phased program: governance, data inventory/classification, policies/training, RBAC/logging, vendor contracts. Applies to K-12/postsecondary recipients; self-managed with DOE complaint process.

    Key Differences

    Scope

    NIS2
    Cybersecurity risk management, incident reporting, supply chain security
    FERPA
    Privacy of student education records and PII

    Industry

    NIS2
    Critical sectors (energy, transport, digital providers); EU medium/large entities
    FERPA
    Educational institutions receiving US federal funds; K-12/postsecondary

    Nature

    NIS2
    Mandatory EU cybersecurity regulation with national transposition
    FERPA
    Mandatory US federal privacy law enforced via funding conditions

    Testing

    NIS2
    Continuous risk assessments, spot checks by national authorities
    FERPA
    Access controls, disclosure logging, annual notifications, complaint investigations

    Penalties

    NIS2
    Fines up to 2% global turnover or €10M for essential entities
    FERPA
    Federal funding suspension, corrective actions, vendor access bans

    Frequently Asked Questions

    Common questions about NIS2 and FERPA

    NIS2 FAQ

    FERPA FAQ

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