Skip to content
Sovereign SecureSovereign Secure

EU cyber security law

NIS2 and UK Businesses: Does the Directive Apply to You?

Updated

NIS2 is the EU's cyber security law for medium and large organisations in critical sectors. It does not apply in the UK itself, but it can reach UK companies through EU operations, digital services offered in the EU and supplier contracts. Here is how to tell whether it applies to you.

Prefer to talk? Call +44 161 523 5276

  • Covers 18 sectors, mainly medium and large organisations
  • 24-hour early warning for significant incidents
  • Article 21 measures mapped to ISO 27001

The short answer

NIS2 (Directive (EU) 2022/2555) is the EU's cyber security law for medium and large organisations in 18 critical sectors, with national rules due from 18 October 2024. It does not apply in the UK itself, but UK companies come into scope through an EU establishment or by offering cloud, data centre, managed or other listed digital services in the EU.

On this page
  1. What is NIS2?
  2. NIS2 scope: who does the directive cover?
  3. Does NIS2 apply to UK companies?
  4. Which UK companies need an EU representative under NIS2?
  5. What are the NIS2 requirements?
  6. How does NIS2 reach UK suppliers?
  7. How does NIS2 map to ISO 27001?
  8. NIS2 compliance checklist for UK companies
  9. Why Sovereign Secure
  10. Talk to us about NIS2 readiness

NIS2 is the EU’s main cyber security law for organisations, and it does not apply in the UK itself. A UK company comes into scope only through an EU establishment in a covered sector, by offering certain digital infrastructure and managed services in the EU (in which case it must appoint an EU representative), or by providing public telecoms services in a member state. Having EU customers is not enough on its own, but NIS2 often reaches UK suppliers through their customers’ contracts.

This guide is based on Directive (EU) 2022/2555. It is not legal advice: NIS2 is a directive, so the detailed rules come from each member state’s national law.

What is NIS2?

NIS2 (sometimes written NIS 2) is Directive (EU) 2022/2555, the NIS2 directive on measures for a high common level of cyber security across the Union. It replaced the 2016 NIS Directive and widened its reach from a limited set of operators to most medium and large organisations in 18 sectors. It entered into force on 16 January 2023, and member states had to transpose it by 17 October 2024 and apply it from 18 October 2024. Many missed that deadline and the European Commission opened infringement proceedings, so national laws arrived at different times.

NIS2 does three things: it sets minimum cyber security risk-management measures, imposes incident reporting deadlines and makes management bodies accountable, with supervision and fines behind them. For cloud, data centre, managed service and other digital providers, Implementing Regulation (EU) 2024/2690 adds the technical detail of the security measures.

NIS2 scope: who does the directive cover?

NIS2 covers public and private entities in the sectors listed in its two annexes that are medium-sized or larger under the EU SME definition: at least 50 staff, or annual turnover and balance sheet total both above €10 million. Some are covered whatever their size, including providers of public electronic communications networks or services, trust service providers, DNS service providers, TLD name registries and central government bodies.

Sectors of high criticality (Annex I):

  • Energy, transport, banking, financial market infrastructures
  • Health, drinking water, waste water
  • Digital infrastructure: internet exchange points, DNS, TLD registries, cloud, data centres, CDNs, trust services, public telecoms
  • ICT service management (business to business): managed service and managed security service providers
  • Public administration, space

Other critical sectors (Annex II):

  • Postal and courier services
  • Waste management
  • Manufacture and distribution of chemicals; production, processing and distribution of food
  • Manufacturing of medical devices, electronics, electrical equipment, machinery, vehicles and other transport equipment
  • Digital providers (online marketplaces, search engines, social networks) and research

In-scope organisations are either essential or important entities. The difference is how they are supervised and the size of the maximum fine.

Aspect Essential entities Important entities
Who Mainly large entities in Annex I sectors, plus some providers of any size (such as qualified trust service providers, DNS providers and TLD registries) and those a member state designates Other in-scope entities in Annex I and Annex II sectors
Supervision Proactive and reactive: regular and targeted audits, on-site inspections and security scans Reactive: after evidence or indications of non-compliance
Maximum fine (member states must allow at least) €10 million or 2% of worldwide annual turnover, whichever is higher €7 million or 1.4% of worldwide annual turnover, whichever is higher

Banks and other financial entities follow the ICT risk and reporting rules of DORA instead, which NIS2 treats as sector-specific law; see our DORA guide. If you make connected products, the EU Cyber Resilience Act regulates the products themselves.

Does NIS2 apply to UK companies?

Not in the UK. The UK’s own regime is the NIS Regulations 2018, which the Cyber Security and Resilience Bill is set to update; that guide compares the UK bill with NIS2. A UK company falls under NIS2 in one of three ways:

Your situation Under NIS2? What follows
EU subsidiary or branch in a covered sector, medium-sized or larger Yes, in the member state where it is established Full NIS2 duties for that entity
No EU establishment, but you offer an Article 26 digital service in the EU (listed below) Yes, in the member state where your representative is based Appoint an EU representative and register; duties apply to the services you provide in the EU
You provide public electronic communications networks or services in an EU member state Yes, in each member state where you provide them NIS2 duties under that member state’s law
You sell goods or other services to EU customers, with no EU establishment No Your customers may still impose NIS2-driven requirements by contract
You supply an in-scope EU organisation Not directly Expect supplier security clauses, questionnaires and audit rights

The size threshold still applies to these routes, except for services covered at any size, such as public telecoms, DNS services and TLD registries.

Which UK companies need an EU representative under NIS2?

Under Article 26, a company with no EU establishment needs an EU representative if it offers any of these services in the EU: DNS services, TLD name registries, domain name registration, cloud computing, data centre services, content delivery networks, managed services, managed security services, online marketplaces, online search engines or social networking platforms.

The representative must be established in one of the member states where you offer those services, and that state then has jurisdiction over you. If you do not appoint one, any member state where you provide the services can take enforcement action, and appointing one does not shield the company itself. These providers must also register details with the competent authority for the registry ENISA keeps under Article 27.

For UK managed service and managed security service providers with EU clients, this is the most common route into NIS2, so check it first.

What are the NIS2 requirements?

NIS2 requirements fall into three groups: governance, security measures and incident reporting.

Governance (Article 20). The management body must approve the cyber security risk-management measures, oversee their implementation and can be held liable for breaches. Its members must take training.

Security measures (Article 21). Measures must be appropriate and proportionate to the risk, take an all-hazards approach and include at least:

  1. risk analysis and information system security policies;
  2. incident handling;
  3. business continuity, including backup management, disaster recovery and crisis management;
  4. supply chain security, including security in relationships with direct suppliers;
  5. security in acquiring, developing and maintaining systems, including vulnerability handling and disclosure;
  6. policies and procedures to assess whether the measures are effective;
  7. basic cyber hygiene and cyber security training;
  8. policies on cryptography and, where appropriate, encryption;
  9. human resources security, access control and asset management;
  10. multi-factor or continuous authentication, and secured voice, video, text and emergency communications where appropriate.

Incident reporting (Article 23). A significant incident is one that has caused, or could cause, severe operational disruption or financial loss, or considerable damage to others. It must be reported to the national CSIRT or competent authority:

Stage Deadline
Early warning, saying whether the incident looks malicious or cross-border Within 24 hours of becoming aware
Incident notification, with an initial assessment and indicators of compromise Within 72 hours of becoming aware
Intermediate report When the authority requests one
Final report, with root cause and mitigation Within one month of the incident notification

Our incident response plan template has a notification section you can adapt to these deadlines.

How does NIS2 reach UK suppliers?

Through contracts. Article 21 requires in-scope entities to manage supply chain security and to consider each direct supplier’s vulnerabilities, product quality and security practices, including secure development. EU customers pass this down as security questionnaires (our vendor risk assessment guide shows what they typically ask), minimum controls, incident notification clauses, audit rights and requests for evidence such as an ISO 27001 certificate, Cyber Essentials Plus or recent penetration test reports. How often to test is covered in our guide to penetration testing frequency.

How does NIS2 map to ISO 27001?

Closely. ISO/IEC 27001:2022 does not prove NIS2 compliance, but an ISMS covering your in-scope services delivers most of the Article 21 measures and the evidence to show them.

NIS2 requirement ISO 27001:2022 clauses and Annex A controls
Risk analysis and security policies Clauses 6.1.2, 6.1.3 and 8.2; A.5.1
Incident handling A.5.24 to A.5.28, A.6.8
Business continuity, backup and disaster recovery A.5.29, A.5.30, A.8.13, A.8.14
Supply chain security A.5.19 to A.5.23
Secure development, vulnerability handling and disclosure A.8.8, A.8.25 to A.8.29, A.8.32
Assessing effectiveness Clauses 9.1 to 9.3; A.5.35
Cyber hygiene and training A.6.3, A.8.1, A.8.7, A.8.9
Cryptography A.8.24
HR security, access control and asset management A.6.1 to A.6.6, A.5.9 to A.5.11, A.5.15 to A.5.18
Multi-factor authentication and secured communications A.8.5, A.5.14
Management accountability (Article 20) Clauses 5.1, 5.3 and 9.3
Incident reporting (Article 23) A.5.5, A.5.24, A.5.26

Where ISO 27001 falls short: your certificate scope may not cover every service NIS2 applies to; ISO 27001 sets no 24-hour or 72-hour reporting deadlines; management training and liability are legal duties under NIS2; and national laws, or Implementing Regulation 2024/2690 for digital providers, can be more prescriptive.

NIS2 compliance checklist for UK companies

NIS2 compliance for a UK company starts with scope: work out which entities and services are caught, then close the gaps against Article 21 and the reporting rules. Work through these eight steps in order, and keep the evidence in the right-hand column, because a regulator or an EU customer will ask for it.

Step What to do Evidence to keep
1. Map your EU footprint List your EU entities, the services each one provides and the member states you serve Entity and service register
2. Check sector and size Test each entity and service against Annexes I and II and the size threshold, and decide whether it would be essential or important A recorded scoping decision, approved by management
3. Appoint a representative and register Required if you offer an Article 26 service in the EU without an EU establishment Representative agreement and registration confirmation
4. Assess gaps Compare current controls with Article 21, the national law that applies and, for digital providers, Implementing Regulation 2024/2690 Gap analysis and a dated remediation plan
5. Build a 24-hour reporting process Set severity criteria, name owners and record the CSIRT or authority contacts for each member state Incident procedure, contact list and an exercise record
6. Test your controls Use penetration testing and vulnerability scanning to evidence the vulnerability handling and effectiveness measures Test reports and remediation records
7. Train the management body Article 20 requires management body members to take training Training records and board minutes
8. Prepare a supplier evidence pack Assemble what EU customers ask for in supplier questionnaires Certificates, key policies and test summaries

If you already hold ISO 27001, steps 4 and 6 are mostly a mapping exercise using the table above; if you do not, an ISMS is the most practical way to deliver Article 21 as a whole.

Why Sovereign Secure

  • ISO 27001 certified ourselves, with ISO 27001 consultancy from gap analysis to certification (certification audits by our partner, MQA International). An ISMS is the most practical base for Article 21.
  • Penetration testing and vulnerability scanning that give evidence for vulnerability handling and for assessing whether your measures work.
  • IASME-licensed Cyber Essentials certification body, issuing Cyber Essentials and Cyber Essentials Plus, independent evidence of basic cyber hygiene controls.
  • PCI SSC-approved QSA, QPA, CPSA, P2PE Assessor and 3DS Assessor company and GEAR member 2026 to 2028, for payment and financial firms whose ICT rules also come from DORA.
  • UK company since 2012, headquartered in Accrington, Lancashire, with offices in Los Angeles, Singapore, Dubai and Dhaka. We are not lawyers: for scope questions under a member state’s law, take legal advice.

Talk to us about NIS2 readiness

Tell us which EU entities, services and customers you have, and we will suggest where an ISO 27001 programme, testing or Cyber Essentials Plus would close your gaps. A practical first step is an ISO 27001 gap analysis, because it measures you against most of the Article 21 measures at once. Browse our cyber security consultancy or call +44 161 523 5276.

Your next step

Last reviewed October 2026 by the Sovereign Secure assessment team.

Trusted by banks, payment providers and global brands

  • Accor
  • Fiserv
  • JCPenney
  • Ticketmaster
  • Nitecrest
  • Cashplus
  • Ahli United Bank
  • Kuwait Finance House
  • AYA Bank
  • Bank of Palestine
  • Liquid Pay
  • DataFlow Group
  • Wilmington
  • The Growth Company
  • Wahyukart

FAQ

Frequently asked questions

Can't find your answer? Call us on +44 161 523 5276 or send us a message.

Does NIS2 apply to UK companies?

Not in the UK itself. A UK company is caught only if it has an EU establishment in a covered sector and of covered size, offers one of the digital services listed in Article 26 in the EU, or provides public electronic communications services in a member state. EU customers alone do not bring you into scope.

What is NIS2 in simple terms?

It is an EU directive that requires medium and large organisations in 18 critical sectors to manage cyber risk, report significant incidents within strict deadlines and make their management bodies accountable, with regulators able to fine them.

When did NIS2 come into force?

NIS2 entered into force on 16 January 2023. Member states had to transpose it into national law by 17 October 2024 and apply it from 18 October 2024, although many national laws arrived later.

What are the NIS2 reporting deadlines?

For a significant incident: an early warning within 24 hours of becoming aware, an incident notification within 72 hours, and a final report within one month of the notification. The authority can also ask for intermediate reports.

Which UK companies need an EU representative under NIS2?

UK companies with no EU establishment that offer DNS, TLD registry, domain registration, cloud, data centre, content delivery network, managed service, managed security service, online marketplace, online search engine or social networking services in the EU.

Is ISO 27001 enough for NIS2 compliance?

Not on its own, but it covers most of the Article 21 measures. You still need NIS2's 24-hour and 72-hour reporting process, management training, registration and any extra national requirements. See ISO 27001 consultancy for building the ISMS underneath.

Does NIS2 apply to small businesses?

Generally not. NIS2 applies to medium-sized and large entities, but some services are covered at any size, including public telecoms, trust services, DNS service providers and TLD name registries. Small suppliers may still face NIS2-driven requirements in contracts.

What are the fines under NIS2?

Member states must allow maximum fines of at least €10 million or 2% of worldwide annual turnover for essential entities, and €7 million or 1.4% for important entities, whichever is higher. Members of the management body can also be held liable for failures to apply the Article 21 measures.

How is NIS2 different from the UK NIS Regulations?

NIS2 is EU law; the UK's regime is the NIS Regulations 2018, which the Cyber Security and Resilience Bill is set to update. Our Cyber Security and Resilience Bill guide compares the two.

Free consultation

Talk to an assessor

We aim to reply within one working day, and send a fixed quote once your scope is confirmed.

  • PCI SSC-approved QSA, QPA, CPSA, P2PE and 3DS assessors
  • IASME-licensed Cyber Essentials certification body
  • Clients across the UK, US, Europe, Middle East and Asia since 2012

“We are satisfied with the quality of work delivered by Sovereign Secure and would happily recommend them to any company that requires consultancy and guidance in obtaining their ISO 27001 certification.”

Edmund How, Managing Director, Onesecure Asia. Read the full testimonial

By sending this form you agree to us contacting you about your enquiry. See our privacy policy.

We aim to reply within one working day. The first consultation is free.