Article 2 — Scope

NIS2 — Directive (EU) 2022/2555

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

1. This Directive applies to public or private entities of a type referred to in Annex I or II which qualify as medium-sized enterprises under Article 2 of the Annex to Recommendation 2003/361/EC, or exceed the ceilings for medium-sized enterprises provided for in paragraph 1 of that Article, and which provide their services or carry out their activities within the Union.

Article 3(4) of the Annex to that Recommendation shall not apply for the purposes of this Directive.

2. Regardless of their size, this Directive also applies to entities of a type referred to in Annex I or II, where:

(a) services are provided by:

(i) providers of public electronic communications networks or of publicly available electronic communications services;

(ii) trust service providers;

(iii) top-level domain name registries and domain name system service providers;

(b) the entity is the sole provider in a Member State of a service which is essential for the maintenance of critical societal or economic activities;

(c) disruption of the service provided by the entity could have a significant impact on public safety, public security or public health;

(d) disruption of the service provided by the entity could induce a significant systemic risk, in particular for sectors where such disruption could have a cross-border impact;

(e) the entity is critical because of its specific importance at national or regional level for the particular sector or type of service, or for other interdependent sectors in the Member State;

(f) the entity is a public administration entity:

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The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.

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