Personal liability of the management bodies

The NIS 2 Directive introduces new personal liability for management bodies for the implementation of cyber security measures. This means that board members and managing directors can be held personally liable if a company fails to comply with the requirements of the directive and a cyberattack occurs.

Proactive cyber security: Why the new NIS 2 directive is forcing management boards to act

The European Union’s NIS 2 Directive, which recently came into force, marks a decisive turning point in the field of cyber security. One of the key innovations is the introduction of personal liability for board members and managing directors. This regulation means that governing bodies are directly responsible if their companies do not fulfil the cybersecurity requirements of the directive and security incidents such as cyberattacks occur as a result.

This change aims to strengthen the seriousness and commitment to cybersecurity at the highest levels of the organisation. Board members and managing directors are now under an explicit legal obligation to implement and monitor the necessary protective measures. Given the increasing frequency and severity of cyber attacks, this is a crucial step towards securing digital infrastructures in Europe.

Personal liability as an “incentive”

Personal liability creates a strong incentive for company management to act proactively. It is no longer just about reacting to threats, but establishing preventative measures that minimise risks. These include constant monitoring and updating of security systems, regular employee training on phishing and other cyber threats, and a well thought-out response strategy in the event of a cyber attack.

In addition, early investment in robust cyber security systems can not only mitigate financial and legal risks, but also increase customer and partner confidence – a key competitive advantage that can set your organisation apart from market competitors.

Seeing the NIS 2 Directive as an opportunity

The NIS 2 directive therefore opens up an opportunity to establish cyber security as an integral part of corporate governance. The personal liability of board members should be seen as a wake-up call to rethink existing security strategies and promote a culture of cybersecurity that permeates the entire organisation.

We believe that proactively implementing cybersecurity measures in accordance with the NIS 2 Directive is not only a legal necessity, but also a strategic decision that helps to ensure the long-term success and resilience of organisations.

If you would like to know how you can meet the requirements of the NIS 2 Directive with an information security management system (ISMS), contact us for a free initial consultation.

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