NIS2 Directive
NIS2 Chapter V: Jurisdiction and Registration

NIS2 Directive Art.26: Establish which Member State has jurisdiction, and designate a Union representative if not established in the Union

Jurisdiction normally follows establishment, but several categories of provider are treated differently and the entity has to work out which rule applies to it. Providers of public electronic communications networks or publicly available electronic communications services fall under each Member State in which they provide services. DNS service providers, TLD name registries, domain name registration service providers, cloud computing, data centre and content delivery network providers, managed service and managed security service providers, and providers of online marketplaces, online search engines and social networking platforms fall under the Member State of their main establishment, defined as where decisions on cybersecurity risk-management measures are predominantly taken, failing which where cybersecurity operations are carried out, failing which where the largest Union workforce sits. An entity in that second group which is not established in the Union but offers services there must designate a representative established in a Member State where it offers services, and falls under that Member State's jurisdiction. Without a designated representative any Member State where it provides services may act against it.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

What else in your programme already covers this

This control maps to 8 controls across 6 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

C5 (Germany) · 2 controls

  • C5-COM-01 Identification of applicable legal, regulatory, self-imposed or contractual requirements
  • C5-PSS-12 Locations of Data Processing and Storage
  • NIST-CSF-GV.OC-01 The organizational mission is understood and informs cybersecurity risk management
  • NIST-CSF-GV.OC-03 Legal, regulatory, and contractual requirements regarding cybersecurity - including privacy and civil liberties obligations - are understood and managed

EU AI Act · 1 control

  • EUAI-Art.22 Authorised representatives of providers of high-risk AI systems

GDPR · 1 control

  • GDPR-Art.27 Representatives of controllers or processors not established in the Union

ISO 27001:2022 · 1 control

  • 5.31 Legal, statutory, regulatory and contractual requirements

ISO 27002:2022 · 1 control

  • 5.31 Legal, statutory, regulatory and contractual requirements

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in NIS2 Chapter V: Jurisdiction and Registration

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NIS2 Directive Art.26 is one control. If you already hold one of the frameworks below, a reviewed crosswalk already says how much of NIS2 Directive your existing evidence covers. Hold DORA and 17 of 28 NIS2 Directive controls already carry evidence.

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