Scope and entity classification

Who NIS2 covers: the size-cap rule and size-independent entities, essential versus important classification, the Annex I and II sectors, sector-specific laws that displace NIS2, and which Member State has jurisdiction.

Article 2 Scope

The NIS2 scope test: the size-cap rule tied to the EU SME definition, the entity types covered regardless of size, optional extensions to local government and education, and the exclusions for national security, defense and DORA-exempted entities.

Article 3 Essential and important entities

How NIS2 sorts in-scope entities into essential and important, what each category means for supervision and fines, the information entities must give authorities for the national list, and the two-week deadline for reporting changes.

Article 4 Sector-specific Union legal acts

When a sector-specific EU law with equivalent cybersecurity risk-management or incident reporting rules displaces NIS2, with DORA as the main example for financial entities, and the Commission's guidelines on applying the rule.

Article 26 Jurisdiction and territoriality

Which Member State supervises an entity: the general establishment rule, the main establishment rule for digital infrastructure and digital providers, and the duty for non-EU providers to appoint an EU representative.

Annex I Sectors of high criticality

The 11 Annex I sectors, from energy, transport and health to digital infrastructure, ICT service management and space, whose entities above the medium-sized ceilings are essential by default.

Annex II Other critical sectors

The 7 Annex II sectors, including manufacturing, food, chemicals, postal services, research and digital providers, whose in-scope entities are important unless a Member State designates them essential.

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