The New EU Cybersecurity Framework: The NIS Directive, ENISA’s Role and the General Data Protection Regulation

Computer Law & Security Review, Volume 35, Issue 6, November 2019, 105336

11 Pages Posted: 31 Mar 2021

See all articles by Dimitra Markopoulou

Dimitra Markopoulou

Vrije Universiteit Brussel (VUB)

Vagelis Papakonstantinou

Faculty of Law and Criminology, Vrije Universiteit Brussel

Paul De Hert

Free University of Brussels (VUB)- LSTS; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: November 1, 2019

Abstract

The NIS Directive is the first horizontal legislation undertaken at EU level for the protection of network and information systems across the Union. During the last decades e-services, new technologies, information systems and networks have become embedded in our daily lives. It is by now common knowledge that deliberate incidents causing disruption of IT services and critical infrastructures constitute a serious threat to their operation and consequently to the functioning of the Internal Market and the Union. This paper first discusses the Directive's addressees particularly with regard to their compliance obligations as well as Member States’ obligations as regards their respective national strategies and cooperation at EU level. Subsequently, the critical role of ENISA in implementing the Directive, as reinforced by the proposal for a new Regulation on ENISA (the EU Cybersecurity Act), is brought forward, before elaborating upon the, inevitable, relationship of the NIS Directive with EU's General Data Protection Regulation.

Keywords: EU data protection, Cybersecurity, NIS Directive, ENISA

Suggested Citation

Markopoulou, Dimitra and Papakonstantinou, Vagelis and De Hert, Paul, The New EU Cybersecurity Framework: The NIS Directive, ENISA’s Role and the General Data Protection Regulation (November 1, 2019). Computer Law & Security Review, Volume 35, Issue 6, November 2019, 105336, Available at SSRN: https://ssrn.com/abstract=3493561 or http://dx.doi.org/10.2139/ssrn.3493561

Dimitra Markopoulou

Vrije Universiteit Brussel (VUB) ( email )

Pleinlaan 2
http://www.vub.ac.be/
Brussels, 1050
Belgium

Vagelis Papakonstantinou (Contact Author)

Faculty of Law and Criminology, Vrije Universiteit Brussel ( email )

Pleinlaan 2
Brussels, 1050
Belgium

HOME PAGE: http://vpapakonstantinou.com

Paul De Hert

Free University of Brussels (VUB)- LSTS ( email )

Pleinlaan 2
Brussels, Brabant 1050
Belgium

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
309
Abstract Views
1,101
Rank
183,609
PlumX Metrics