NIS2
EU directive enhancing cybersecurity resilience in critical sectors
FERPA
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.
NIS2
Directive (EU) 2022/2555 (NIS2)
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
FERPA
Family Educational Rights and Privacy Act
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
| Aspect | NIS2 | FERPA |
|---|---|---|
| Scope | Cybersecurity risk management, incident reporting, supply chain security | Privacy of student education records and PII |
| Industry | Critical sectors (energy, transport, digital providers); EU medium/large entities | Educational institutions receiving US federal funds; K-12/postsecondary |
| Nature | Mandatory EU cybersecurity regulation with national transposition | Mandatory US federal privacy law enforced via funding conditions |
| Testing | Continuous risk assessments, spot checks by national authorities | Access controls, disclosure logging, annual notifications, complaint investigations |
| Penalties | Fines up to 2% global turnover or €10M for essential entities | Federal funding suspension, corrective actions, vendor access bans |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about NIS2 and FERPA
NIS2 FAQ
FERPA FAQ
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