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Chapter VII – Supervision and enforcement (Art. 31-37)

Art. 31 NIS2 - General aspects concerning supervision and enforcement arrow_right_alt

Art. 32 NIS2 - Supervisory and enforcement measures in relation to essential entities arrow_right_alt

Art. 33 NIS2 - Supervisory and enforcement measures in relation to important entities arrow_right_alt

Art. 34 NIS2 - General conditions for imposing administrative fines on essential and important entities arrow_right_alt

Art. 35 NIS2 - Infringements entailing a personal data breach arrow_right_alt

Art. 36 NIS2 - Penalties arrow_right_alt

Member States shall lay down rules on penalties applicable to infringements of national measures adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 17 January 2025, notify the Commission of those rules and of those measures and shall notify it, without delay of any subsequent amendment affecting them.

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  • 132

Recital 131

Member States should be able to lay down the rules on criminal penalties for infringements of the national rules transposing this Directive. However, the imposition of criminal penalties for infringements of such national rules and of related administrative penalties should not lead to a breach of the principle of ne bis in idem, as interpreted by the Court of Justice of the European Union.

Recital 132

Where this Directive does not harmonise administrative penalties or where necessary in other cases, for example in the event of a serious infringement of this Directive, Member States should implement a system which provides for effective, proportionate and dissuasive penalties. The nature of such penalties and whether they are criminal or administrative should be determined by national law.

Art. 37 NIS2 - Mutual assistance arrow_right_alt