Article 36

Penalties

Member States shall lay down rules on penalties applicable to infringements of national measures adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 17 January 2025, notify the Commission of those rules and of those measures and shall notify it, without delay of any subsequent amendment affecting them.

Frequently Asked Questions

Under the NIS2 directive, European Union member countries must establish clear rules for penalties to deal with violations of cybersecurity regulations, ensuring these penalties are strong enough to discourage future breaches, but still fair and proportionate to the severity and impact of the offence; they must then inform the European Commission of these rules.
Member states have until January 17, 2025, to inform the European Commission about the specific penalty rules they have put in place related to the NIS2 directive, and they must also let the Commission know immediately if they later change these rules to ensure transparency and compliance.
Penalties under NIS2 have to be effective, proportionate, and dissuasive so they are strong enough to prevent parties from violating cybersecurity standards, while still being fair by matching the severity and impact of the offense, thus supporting strong protection standards and consistent cybersecurity practices across all EU members.
Each EU member state decides independently on the exact penalties they will apply when organizations or individuals violate rules implemented because of the NIS2 directive; however, these penalties must meet certain EU requirements of being strong enough, fair, and effective in deterring further cybersecurity breaches.

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