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NIS 2 Representative

for companies without an establishment in the EU

Arrange your free consultation appointment:

info@dp-dock.com

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Target group

The need for a NIS 2 – Representative

The NIS 2 Directive has a broad scope of application. It introduces higher security requirements for companies to increase the level of cyber security. Companies that are essential or important entities are subject to registration, verification and reporting obligations vis-à-vis the competent authority of the Member States. Furthermore, these companies should take risk management measures to prevent cyber incidents and threats. The NIS 2 Directive also introduces an accountability obligation for top management, which applies in the event of non-compliance with cyber security risk management measures.

The NIS 2 Directive is already applicable and leads to further obligations for companies to provide evidence of IT security and to report IT security incidents.

Failure to comply with these obligations can result in fines of up to EUR 10,000,000 or 2% of the company's annual global turnover.

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Tasks

Roles & Responsibilities of the NIS 2 - Representative

Representation of the company

The representative represents the company in interactions with competent authorities.

Communication

The representative acts as the contact person for any enquiries issued by competent authorities and directs these to the relevant entity.

Target Group

Who must appoint a representative under the NIS 2 Directive?

The NIS 2 Directive applies in general to essential and important entities. Essential entities include sectors with high criticality or critical risks. Companies falling into these sectors which are not established in the EU must designate a representative when they offer specific services subject to cross-border activities (Art. 26(1)(b) NIS-2-Directive). The representative must be located in one of the EU Member States where these services are offered.

The legal representative should be the contact person for the competent authority in addition to the entity.

Note

The obligation to designate a legal representative applies to companies that are not essential or important entities under the NIS-2-Directive. However, unlike the first NIS Directive, the NIS-2-Directive does not solely cover sector-specific critical entities, thus making it difficult to understand if an entity is falling in- or outside the scope of the NIS 2 Directive.

Feedback

Client feedback about our data protection services

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Customer
(Data Protection Officer: DPO)
Redbubble Inc., 111 Sutter Street, 17th Floor, San Francisco, CA 94104, USA

„DP-Dock brings real value to privacy compliance with their professionalism, responsiveness and depth of experience advising global tech companies operating in Europe.”

Customer
(Data Protection Officer: DPO)
Universal Tennis, LLC, 525 University Avenue, Palo Alto, CA 94301, USA

„DP-Dock is our designated Art. 27 GDPR representative for many years – more recently they are, in addition, our external DPO: a decision we’ve been happy with. Their understanding of global trends in data privacy is remarkable – including the provision of awareness trainings for our employees across the globe.“

Customer
(Data Protection Officer: DPO)
Ottobock SE & Co. KGaA, Max-Näder-Strasse 15, 37115 Duderstadt, Germany

„DP-Dock is our external data protection officer. They work with us in a targeted and trustworthy manner in an environment where we have many locations around the world. We are fully satisfied with their service. They are pragmatic, solution-oriented, qualified and fast when needed."

Contact information

Schedule a free first consultation appointment
with our data protection experts

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DP-DOCK GmbH
Ballindamm 39
20095 Hamburg