Administrative Measures and Fines under NIS2
The law of 26 April 2024 establishing a framework for the cybersecurity of network and information systems of general interest for public security (the "NIS2 law") transposes EU directive 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union (the "NIS2 directive") into Belgian law and shall enter into force on October 18th this year.
NIS2 entities which do not respect their obligations can be subjected to a series of administrative measures and fines.
The objective of the Centre for Cybersecurity Belgium (CCB) is to reach an high level of cybersecurity across the country, in close collaboration with all the concerned entities. There are nevertheless situations in which sanctions may be necessary. To this end, the law (Title 4, Chapter 2) provides for a specific procedure that sets out the interaction between the CCB and the concerned entity. This procedure notably includes an obligation for the CCB (or a sectoral authority) to inform the entity about its intention to impose a sanction. It goes without saying that this draft sanction decision must be accompanied by a sufficient motivation. The entity then has the possibility to defend itself.
Should a sanction still be deemed necessary, the CCB has to take into account a certain minimum number of elements to determine an appropriate and proportionate sanction, for example the category of the entity, the gravity of the infraction, its length, prior infractions, damages, negligence, etc.
The list of possible administrative measures and fines can be found in the infographic below.
To find out what NIS2 is, whether it applies to you and what your obligations are under this new legal framework, please have a look at our explanatory web page. For even more detailed information on the law, please visit our page dedicated to NIS2 on Safeonweb@Work.
This article is part of a series of articles published on the transposition of the NIS2 Directive in Belgium. The other articles can be accessed here.
