Article 5(1) of Implementing Regulation (EU) 2023/203 and Article 4(1) of Delegated Regulation (EU) 2022/1645 refer to the equivalence of requirements between Directive (EU) 2016/1148 (NIS Directive) and Part-IS. Does this mean that if one complies with the NIS Directive or the NIS 2 Directive, they are automatically compliant with Part-IS?
Article 5(1) of Implementing Regulation (EU) 2023/203 and Article 4(1) of Delegated Regulation (EU) 2022/1645 refer to the equivalence of requirements between Directive (EU) 2016/1148 (NIS Directive) and Part-IS. Does this mean that if one complies with the NIS Directive or the NIS 2 Directive, they are automatically compliant with Part-IS?
Answer
No. Compliance with NIS requirements does not imply compliance with all Part-IS requirements. Compliance with the security requirements of Article 14 of Directive 2016/1148 (the ‘NIS Directive’) or Article 21 of Directive (EU) 2022/2555 (the ‘NIS 2 Directive’) must be equivalent in effect with the corresponding requirements of Part-IS.OR. This equivalence in effect with Part-IS will be verified by the competent authority that is identified in Article 6 of Implementing Regulation (EU) 2023/203 and Article 5 of Delegated Regulation (EU) 2022/1645.
Last updated
05/02/2024